HomeMy WebLinkAboutJune 16, 2011 - CouncilCOUNCIL AGENDA
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday, June 16, 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 special meeting of Council held May 31, 2011.
(b)Minutes of the regular meeting of Council held June 2, 2011.
(c)Minutes of the budget meeting of Council held June 6, 2011.
(d)Minutes of the budget meeting of Council held June 9, 2011.
(e)Added Item(s)
4.DELEGATIONS
(a)7:05 p.m. - John Regan, General Manager and Rhonda Stewart, Executive Assistant
from the Elgin Business Resource Centre regarding "Updates from Elgin Business
Resource Centre and Exploring Opportunities with Elgin Business Resource Centre"
(b)7:30 p.m. - Wanda Hoshal regarding isues of Estherville previously discussed at
Council along with other matters.
5.INFORMATION ITEMS
(a)AMO Breaking News dated June 1, 2011 regarding "Bill 181 Passes Third Reading
Mandatory Retirement at age 60 for Ontario's Salaried Firefighters".
File: A01
(b)Long Point Region Conservation Authority Board of Directors minutes of meeting
held May 4, 2011.
File: A16
5-8
9-16
17-19
21-41
43
45-51
Page 1 of 313
Council Agenda June 16, 2011
Page
5.INFORMATION ITEMS
(c)Edison Museum Building Committee minutes of meeting held May 30, 2011.
File: C06
(d)Bayham Historical Society minutes of meeting held May 12, 2011.
File: C06
(e)Copy of Resolution dated May 31, 2011 from City of London regarding "CBC
decision to shut down over the air television transmission to the London market"
File: C10
(f)Lake Erie Region Source Protection Committee minutes of meeting held May 5,
2011.
File: E00
(g)Correspondence dated June 13, 2011 from Ross and Martha Andrews regarding
"Waste Collection Scheduling".
File: C13
6.PLANNING, DEVELOPMENT, RECREATION & TOURISM
(a)Staff Report D2011-22 regarding "MacDonald Consents E54/11 & E55/11".
File: D10.11 MacDonald
(b)Staff Report D2011-23 regarding "Breedon Consents E56-58/11".
File: D10.11 Breedon
(c)Staff Report D2011-24 regarding "Soreny Farms Consent E41/11".
File: D10.11 Soreny Farms
(d)Staff Report D2011-25 regarding "Soreny Farms Consents E42-45/11".
File: D10.11 Soreny Farms
(e)Staff Report D2011-26 regarding "Szorenyi Consents E50-53/11".
File: D10.11 Szorenyi
7.ROADS, AGRICULTURE & DRAINAGE
(a)Event Road Closure Request Form from Port Burwell Historical Society regarding
"Canada Day Celebrations".
File: R06
(b)Event Road Closure Request Form from Straffordville Community Committee
regarding "Straffordville Watermelon Fest."
File: R06
53
55-56
57-64
65-75
77
79-90
91-108
109-121
123-138
139-156
157-158
159-160
Page 2 of 313
Council Agenda June 16, 2011
Page
8.PROPERTY, BUILDING & PROTECTIVE SERVICES
(a)Building Permit Report for month ending May 31, 2011.
File: P10
(b)Correspondence dated June 7, 2011 from Outback Camping regarding "Request for
Noise By-Law Amendment".
File: P01
(c)Correspondence dated May 31, 2011 from Ontario Early Years Centre Elgin-
Middlesex-London regarding "Summer Park Program".
File: C13
9.FINANCE, ADMINISTRATION & PERSONNEL
(a)Cheque Register being Cheque #10546 to Cheque #10610 inclusive, totaling
$106,269.72 and Payroll Disbursements for the period ending May 29, 2011
totaling $63,029.42.
(b)Staff Report F2011-04 regarding "Council Remuneration & Expenses".
File: F03.03
(c)Discussion regarding "Ongoing Policing Service Increases".
(d)Correspondence dated June 6, 2011 from Paul Andriekus regarding"Harmony
Acres Line Race Track".
File: C13
10.ENVIRONMENT
(a)Staff Report E2011-03 regarding "Water System Transfer Agreement - Secondary
System and Bayham".
File: E08
11.COMMITTEE OF THE WHOLE
(a)In Camera.
(b)Closed session minutes of the regular meeting of Council held June 2, 2011.
(c)Proposed or pending acquisition or disposition of land by the municipality or local
board (Elgin Military Museum)
161
163-256
257
259-268
269
271
273-291
Page 3 of 313
Council Agenda June 16, 2011
Page
11.COMMITTEE OF THE WHOLE
(d)Discussion regarding labour relations or employee negotiations. (CUPE Contract)
(e)Out of Camera.
12.BY-LAWS
(a)By-Law 2011-049 A By-law to authorize the renewal of an agreement (Norfolk
Disposal Services Limited)
(b)By-Law 2011-051 A By-law to repeal By-Law No. 378 of the former Village of
Port Burwell, being a By-law to Prohibit the Discharge of Firearms
(c)By-Law 2011-053 A By-law to authorize the execution of an agreement (Port
Burwell Area Secondary Water Supply System)
(d)By-Law 2011-055 A By-Law to confirm all actions of Council
13.ADJOURNMENT
(a)Adjournment
293
295
297-312
313
Page 4 of 313
COUNCIL SPECIAL MEETING MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Tuesda¡ May 31,2011
7:00 PM
Council Chambers
The special meeting of Council of the Municipality of Bayham was held on Tuesday, May 31,
20ll at the Vienna Community Centre. Present were Mayor Paul Ens, Deputy Mayor Mark
Taylor, Councillors Tom Southwick, Wayre Casier and Ed Ketchabaw, Administrator Kyle
Kruger and Clerk Lynda Millard.
There were approximately sixty members of the community, as well as Council, staff and
representatives from the Elgin Military Museum present.
1. CALL TO ORDER
Call to Order- Mayor Ens welcomed everyone and introduced members of the Elgin
Military Museum Board, Executive Director Ian Raven, member Lynn Acre and President
Deborah Jarvis.
2. DISCLOSURE OF'PECUNIARY INTEREST & THE GENERAL NATURE
THEREOF
None.
3. ADMINISTRATION
(a) Information and updates regarding "Project Ojibwa".
Mayor Paul Ens stated that the purpose of the meeting was to inform residents and
interested persons that the Municipality was offering the Elgin Military Museum land
for the placement of the Ojibwa and in retum the Museum would pay the full cost of the
required dredging. He provided a brief overview of the Ojibwa project and steps taken
by the Municipality in order for the project to proceed since August 2010 forward.
The Mayor then opened the meeting for questions focused on the project.
Q. Carol Wood questioned what happened to the idea to purchase a dredge to clean out
the harbour and the opportunity to lease it out to other local ports.
A. Mayor Ens responded that the Municipality is not in a position to spend a lot of
money, the capacity of the equipment was borderline and may not be able to meet the
short timeframe to have the work comFleted.
Q. Paul Wood suggested the opportunity to purchase a dredge to complete the work and
then lease the equipment out was a no brainer.
A. Mayor þ¡s smFhasizedthe need to ssmplete the work quickly.
Page 1 of4
Minutes of the special meeting of Council held May 31, 2011.Page 5 of 313
Council Budget Meeting Minutes INlay 3l,20ll
Q. Sharon Heatherington questioned what if the dredging doesn't get done in time.
A. Mr. Raven responded that the sub could be held in Hamilton. Dredging costs are to
be bome by the Museum and must be to a depth of 10 feet. Equipment for the move is
coming from across North America.
Q. Honor Wassing asked if approval has been given to use a suction dredge.
A. Adminishator Kyle Kmger advised that there are several agencies involved for in-
water disposal of dredgeate and approval is not expected until the end of June. Brian
Riggs is providing additional information required for a Request for Proposals to go out
soon.
Q. Ray Maddox questioned whether there is enough money çsming in to pay for a
dredge, will the dredge make money and what's this doing for Bayham?
A. Mayor Ens advised that the meeting is not about buyrng a dredge.
Q. Ray Talbot noted that the harbour will silt in after the sub arrives and the equipment
will be required to maintain the harbour so American visitors will come in from across
the lake.
A. Deputy Mayor Taylor stated that it isn't practical to purchase a dredge at three
quarters of a million dollars when it is not known whether it can be used.
Mr. Talbot suggested he would leam to operate the dredge and would operate it at no
cost ifpurchased.
Q. Bruce Bolland questioned the transfer of the property and under who's ownership the
land is. He suggested the Municipalitypurchase lands from the numbered company.
A. Mayor Ens noted that land values vary based on uses. He added that the Municipality
owns the property where the sub will sit and is considering a transfer to the Military
Museum in retum for the cost of the dredging.
Ian Raven added that ownership by the Museum (a non-profit organization) is necessary
to carry the debt load. A transfer is a simpler process.
Q. John Bastis questioned whether there is any sale value to the removed silt.
A. Mayor Ens responded that there is a mixture of soil tlpes which are of little value
unless dried out. It's cheaper to dispose in water. The Ministry wants it placed out
farther and soundings are being done in the lake to determine the best area for
placement so as not to create a mountain.
Q. Paul Wood questioned the time-line required to do the dredging.
A. Mayor Ens confirmed that dredging is a time consuming process and noted that the
approval authorities didn't support the first proposal.
Q. lvfr. Wood asked whether an offer to hold the dredge for purchase was possible.
A. Mayor Ens responded that the Harbourfront Committee did have an offer to hold
equipment until April l5th.
Page2 of 4
Minutes of the special meeting of Council held May 31, 2011.Page 6 of 313
Council Budget Meeting Minutes May 31,2011
Q. Chuck Buchanan questioned if approvals were granted, could the Municipality
purchase a dredge as well as hire another to complete work in a shorter time?
A. Mayor Ens commented that might be something to look at.
Mayor Ens requested a show of hands for support to give the lands for the Ojibwa to the
Military Museum in retum for the dredging. A majority of those present responded
favourably.
Q. Bob I-ozonquestioned proposed work and timelines to be met.
A. Mr. Ravin responded that divers have been working to determine the depth required
to permit the sub to enter the harbour. The scale can be cleaned f¡om the sub in the
Nova Scotia harbour, however, if removed after arrival it must be treated as hazardous
waste. He added that commihent has been made to North American based dollies and
equipment contractors necessary for the move.
Q. Ron Bradfield asked whether the sub has been released by the Navy.
A. lvfr. Ravin responded that the sub has not been officially released, however, they
have permitted the removal of parts. He advised the same conhactor has been hired as
moved the Chicoutimi.
Q. Mr. Wood questioned the curing time for the cement cradles.
A. Mr. Ravin advised 28 days, however there are additives that can make it cure more
quickly - timelines are tight but doable.
Rick V/assing commented that he was surprised how much power the Minisûry has.
Mr. Raven commented that local authorities have been supportive. The project has been
ongoing for two years, the announcement of the award of the sub to Bayham was on
Jtme22,2010, howeve¡ documents were not signed until March 17,2011.
4. BY.LÄW
(a) By-Law 2}ll-045 A By-Law to confirm all actions of Council
20tt-240
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT confirming By-Law 20tl-045 be read a firsÇ second and third time and
finally passed.'r
CARRIED UNANIMOUSLY
Page 3 of4
Minutes of the special meeting of Council held May 31, 2011.Page 7 of 313
Minutes of the special meeting of Council held May 31, 2011.Page 8 of 313
COUNCIL MINUTES
THE CORPORATION OF TIIE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
June 2,2011
7:00 PM
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, June
2,2011in 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 and Water Wastewater Superintendent
Ed Roloson were in attendance to present their respective reports.
1. CÄLL TO ORDER
Mayor Ens called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECI]NIARY INTEREST & THE GENERAL NATURE
THEREOF'
None.
3. APPROVAL OF'MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regularmeeting of Council held May 19,201I.
20rt-243
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT the minutes of the regular meeting held May l9,20ll be approved as
circulated.'l
CARRIED UNANMOUSLY
(b) Minutes of the budget meeting of Council held May 25,2011.
20ll-244
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
ilTHAT the minutes of the budget meeting of Council held May 25,20llbe
approved as circulated."
CARRIED UNANMOUSLY
(c) Added Item(s)
Page 1 of8
Minutes of the regular meeting of Council held June 2, 2011.Page 9 of 313
Council Minutes
4. DELEGATIONS
June 02, 201 I
5. INFORMATION ITEMS
(a) Heads Up Alert dated May 25,2011 from Ontario Good Roads Association regarding
"MTO announces support for the collection of municipal bridge data".
File: 401
(b) Correspondence dated tr.f¡ay 26,2011 from Ontario Good Roads Association regarding
"Minimum Maintenance Standards Litigation - Status Report".
File: A0l
(c) Correspondence dated ll.4Lay 17,2011 from Ontario Federation of Anglers and Hunters
regarding "Ontario Family þi5hing Week".
File: 401
(d) Correspondence received May 25,2011 from Canada Post regarding "Canadian Union
of Postal Workers".
File: 401
(e) Museums Bayham minutes of meeting held May ll,20ll.
File: C06
(Ð OtterValley Chamber of Commerce minutes ofmeeting held May 3, 2011.
File: C06
(g) Copy of resolution passed lllay 20,2011by The Corporation of the United Townships
of Head, Clara &Maria regarding "Municipal Elections Act, Section 80".
File: C10
(h) Copy of correspondence sent to the Minister of Energy from The Corporation of the
Town of Thessalon regarding "Standards for the Maintenance and Occupancy of
Property".
File: C10
(Ð Correspondence dated MLay 27,2011 from Township of North Stormont regarding
"Resolution on the wildfires that ravaged the community of Slave Lakg Alberüa".
File: C10
C) Correspondence from Inf¡astructure Ontario regarding "P3 Canada Fund Intake
Information".
File: Fll
(k) Correspondence dated May 2011 from Ministry of Citizenship and Immigration
regarding "Ontario Medal For Good Citizenship".
File: M02
Page 2 of 8
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Council Minutes Jvne02,20ll
(1) Ontario Provincial Police News Release dated May 25,2011 regarding "What Causes
Crashes".
File: P17
(m) Correspondence from Minister Responsible for Seniors regarding "Seniors'Month".
File: 416
20tt-245
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT information items 5(a) throught 5(m) be received for information;
THAT Council supports the resolution of the United Township of Head, Clara and
Maria regarding Section 80 of the Municipal Elections Act;
TIIAT Council endorse the resolution passed by the Town of Thessalon regarding
Standards for the Maintenance and Occupancy of Property."
CARRIED UNANIMOUSLY
6. PLANNING. DEVELOPMENT. RECR.EATION & TOURISM
(a) StaffReport D2}ll-2lregarding "Grewal Development Agreement & By-Law".
File: LO4.GREW
20tt-246
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT By-Law No. 2011-47, being a By-Iaw to authorize the execution of a
I)evelopment Agreement between Nariender Grewal and the Municipalilty of
Bayham pertaining to municipal sanitary servicing, be presented to Council for
enactment.rr
CARRIED UNANIMOUSLY
7. ROADS. AGRICULTURE & DRAINAGE
8. PROPERTY. BUILDING & PROTECTIVE SERVICES
(a) Request for discussion regarding "Noise By-Law and Outback Camping".
The Administrator confirmed that several noise complaints had been received regarding the
Victoria Day weekend. He added that the maffer has been discussed with the OPP and that
Council would be kept apprised.
Page 3 of8
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Council Minutes June 02, 2011
(b) Correspondance dated May 19, 2011 from St. Paul's Port Burwell / Vienna United
Church regarding "Use of Vienna Park".
File: C13
In regard to provision of sufficient picnic tables, it was suggested that the group be advised of the
municipal assistance application process
20rr-247
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"TIIAT permission be granted to St. Paul's Port Burwell / Vienna United Church to
use the Vienna Memorial Park on Sunday, June 26,2011 between 11:00 a.m. and
3:00 p.m. subject to:
o provision of proof of liability insurance coverage naming the Municipality of
Bayham as additional insured, in the amount of $2 million and
o clean up and repair of any damage to the park area be the responsibility of the
organizers;
AND THAT the Public Works department ensure the placement of 20 picnic tables
at the park as requested."
CARRIED UNANIMOUSLY
(c) StaffMemorandum regarding "Update - Raccoon Control Item".
File: P14
The Administrator noted that approved designated bodies permitted to dispose of nuisance
animals include pest control companies who charge between $100 and $150 per call. The OPP
have advised that they will not be responding to such calls unless there is an immediate public
safety concem.
Council requested that steps be taken to repeal the Port Burwell by-law that restricts use of
fi¡earms in the village.
20tt-248
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"TIIAT StaffMemorandum regarding Update - Raccoon Control Item be received
for information."
CARRIED UNANIMOUSLY
9. FINANCE. ADMINISTRÄTION & PERSONNEL
(a) Cheque Registerbeing Cheque #10492 to Cheque #10545 totaling $94,666.68 and
Payroll Disbursements for the period ending May 15, 2011 totaling $52,316.80.
20tt-249
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
Page 4 of 8
Minutes of the regular meeting of Council held June 2, 2011.Page 12 of 313
Council Minutes June 02, 2011
"THAT Cheque Register being Cheque #10492 to Cheque #10545 inclusive totaling
$94,666.68 and Payroll Disbursements for the period ending May 15, 2011 totaling
$52,316.80 be approved."
CARRIED UNANIMOUSLY
(b) Søff Memorandum C2OII-07 regarding "Straffordville Community Committee
Lottery Licensing".
File: P09
20tt-250
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
I' THAT Staff Memorandum C20lt-07 regarding Straffordville Community
Committee Lottery Licensing be received for information."
CARRIED UNANIMOUSLY
(c) Harbourf¡ont Committee - Additional Dredge Infomration.
Mr. Underwood advised that he received information earlier in the day regarding the equipment
required to provide additional capacity for dredging. He was requested to forward it to the
Municipality and that the matter be added to the agenda for the budget meeting being held June
6th.
IO. EI\¡^WRONMENT
(a) Quarterly Report for the Bayham Water Distribution System and Call Ins for period
ending March 31,201I.
File: 808
20tt-251
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Quarterly Report for the Bayham Water Distribution System and Call Ins
for period ending March 3lr20ll be received for information.f'
CARRIED UNANIMOUSLY
(b) Quarteù Report for the Bayham Small Municipal Non-Residential Wells for the
period ending March 31,2011.
File: E08
The Water/TVastewater Superintendent advised that the elimination of water testing for the
Medical Centre, Municipal offrce and Library in Straf;fordville would help reduce operating
costs.
Page 5 of8
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Council Minutes June 02,2011
20LL-252
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
'TTHAT Quarterly Report for the Bayham Small Municipal Non-Residential Wells
for the period ending March 3l,20ll be received for information."
CARRIED UNANIMOUSLY
(c) Quarterly Report for the Richmond Community Water System and Call Ins for the
period ending March 31,201I.
File: 808
20rt-253
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Quarterly Report for the Richmond Community Water System and Call
Ins for the period ending March 3lr20ll be received for information."
CARRIED UNANIMOUSLY
(d) Port Burwell Wastewater Treabnent Plant Annual Compliance Summary and Call Ins
for the period ending March 31,2011.
File: E08
20tt-2s4
Moved by Councillor'W Casier
Seconded by Councillor E Ketchabaw
"THAT Port Burwell Wastewater Treatment Plant Annual Compliance Summary
and Call Ins for the period ending March 3lr20ll be received for information.rr
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In camera.
20rt-2s5
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Council do now rise to enter into an rrln Camerat' Session of Committee
of the Whole at8z25 p.m. to discuss:
. a proposed or pending acquisition or disposition of land by the municipality or
local board."
CARRIED TINANIMOUSLY
Page 6 of8
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Council Minutes June02,20ll
(b) Closed session minutes of the regular meeting of Council held May 19, 20ll .
(c) Verbal Report regarding a proposed or pending acquisition or disposition of land by the
municipality or local board. @lgin Military Museum land lease)
(d) Verbal Report regarding a proposed or pending acquisition or disposition of land by the
municipality or local board. (Harbour divestiture)
(e) out of camera.
20rt-256
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"TIIAT the Committee of the Whole do now rise from the "In Camera" session at
9:17 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 20lI-043 A By-Law to assume and establish lands (Soper Road)
(b) By-Law 20II-046 A By-Law to designate an area to which the water works shall be
provided and to establish fees to recover the cost of said works (Port Burwell and
Vienna úlater llorks Fee By-Law)
(c) By-Law 2}ll-047 A By-Law to authorize the execution of a Sewer Services
Development Agreement (Nariender Grew al)
20rr-2s7
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT By-Laws 2011443,2011-046 and 2011-047 beread a firsÇ second and third
time and finally passed."
CARRIED UNANIMOUSLY
(d) By-Law 20ll-048 A By-Law to confirm all actions of Council
20tt-2s8
Moved by Councillor E Ketchabaw
Seconded by Councillor \M Casier
'TTHAT confirming By-Law 2011-048 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
Page 7 of 8
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Council Minutes June 02,2011
13. ADJOURNMENT
(a) Adjournment
20Lt-259
Moved by Councillor E Ketchabaw
Seconded by CouncillorT Southwick
I'THAT the Council meeting be adjourned at 9:19 p.m."
CARRIED UNANIMOUSLY
MAYOR
Page 8 of8
Minutes of the regular meeting of Council held June 2, 2011.Page 16 of 313
BUDGET MEETING MINUTES
THE CORPORATION OF THE MUNICIPALITY OF'BAYHAM
9344 Plank Road, Straffordville
June 9,2011
7:00 PM
The sixth 2011 budget meeting of the Council of the Municipalþ of Bayham was held on
Thursday, June 9, 2011 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor
Mark Taylor, Councillors Tom Southwick, Wayne Casier and Ed Ketchabaw, Clerk Lynda
Millard and Treasurer Denis Duguay.
1. CALL TO ORDER
Mayor Ens called the meeting to order at 7:00 p.m.
2. DECLARATION OF PECUNIARY INTEREST ANDIHE GDNERAL
NATURE THEREOF
None.
3. 2O1l DRAF'T BUDGET
(a) StaffReportF20ll-05 regarding "BudgetReductions 2011".
File: F05.11
The Treasurer advised that the cost of the upgrade of the electrical panel at the food booth on the
east beach in the amount of $2,300 has been added to the budget. The incorporation of the
reductions supported at the last meeting bring the tax rate increase to 2.3Yo.
Handouts on Municipal Assistance applications and StaffMemorandums regarding Cemetery
Marker Foundations were circulated.
The applications for cash donations were considered and support determined for a total of
$3,920. The balance to be disbursed at a later date.
Festivals and Events support was deferred pending clarification for Canada Day and Edison Fest.
It was suggested that $35,000 be placed in a reserve for a recycling depot, to be taken from the
proposed Jackson Line project.
It was suggested that the proposed fuehall should be downsized to cut the cost and a final design
taken to a public meeting. It was noted that all recently built halls visited had incorporated heated
floors.
Staffcomments regarding new development fees for the installation of new süeet lights and
sidewalks as conditions of severances were requested.
The $2,000 transfer to the Edison Museum building reserve was cut. Clarification regarding
fundraising and the transfer to reserve was requested.
Page 1 of3
Minutes of the budget meeting of Council held June 9, 2011.Page 17 of 313
Budget Meeting Minutes June 09, 201 I
It was suggested that two picnic tables and cooking fire pits ($300) be placed by volunteers along
Water Street near the Otter Creek in Vienna.
Placement of a plaque at the Estherville cemetery was discussed. The Staff memorandum,
previously circulated, on placement of recovered cemetery marker foundations was referred to a
future meeting.
It was noted that the Elgin Health Unit is promoting local walking tails and may have funding
assistance available.
A review of the reductions to the operating budget resulted in a further cut for inactive cemetery
improvement of $2,500 and Museums Bayham $15,000.
The nextbudget meeting was scheduled for Thursday, June 16th at 6:00 p.m.
(b) Municipal Cash Assistance
20rL-264
Moved by Councillor T Southwick
Seconded by Deputy Mayor M Taylor
"TIIAT Council directs municipal cash assistance as follows:
Bayham Community Initiatives $500
Elgin County Plowmenrs Association $200
Otter Valley Chamber of Commerce $200
Port Burwell Community Chitdcare Centre $500
Port Burwell Historical Society $350
Straffordville Community Committee $1,170
Tillsonburg & Distric Multi-Service $500
lst Straffordville BPSC (Scouts) $500
CARRIED TINANIMOUSLY
4. BY-LAW
(a) ByJaw 2OIl-052 A By-law to confirm all actions of Council
20tt-265
Moved by Councillor W Casier
Seconded by Councillor T Southwick
I'THAT confirming Bylaw 20ll-052 be read a firsÇ second and third time and
finally passed."
CARRIED UNANIMOUSLY
Page2 of3
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Minutes of the budget meeting of Council held June 9, 2011.Page 19 of 313
Page 20 of 313
E lgtn
Business
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Resource Centre
Building Communities - one idea at a time!
John Regan, Ec. D (f) General Manager
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V¡sion:
Facilitating Prosperity, Strengthening Communities
ission:
To provide business resources, and to be a catalyst
in strengthening our c mmunities
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"Small businesses are the of our
economY."
o Employ 48% of the total private sector labour force
200,000 small businesses created in Canada last year
representing 37% of all jobs created
engrne
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Unemployment Rates
St. Thomas I2.0o/o to I4.5%
Elgin County (with St. Thomas)9 .0o/o to 10.7%
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Core Services
Business Cou nsel I i n g/Trai n i ng
Access to Capital- Lender
Sand Plains Development Fund
Com mu nity Economic Development
Self Employment Benefits Program
Summer Company
Business lncu bation
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Business Counselling Success rate:
Elgin BRC's statistics indicate that
7I% of the businesses started during
the period from 1998 to 2009 and
received the benefit of our services
are still operating.
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Access to Cap¡tal- Loans
Lender of Last Resort
Leverage to Commercial
Loans up to Sf 50,000
- Continual Counselling
No pay out fees
Lender
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SANTD PIATNS
Community Deuelopment Fund
Patient Ca pita I
Prime plus 2%
3 year term
L0 year Amortization
No lnterest / No Payments
Loans up to 5250,000
Program runs until March 20L2
www.sandplains.ca
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25
20
35
3()
15
L0
o3o1
s EBRCTOTAL NUMBER OF LOANSADV¡\NCED INCLUDING SAND PLAINS
ln 2008, Elgin CFDC loaned out S785,484to 24 businesses
ln 2009, Elgin CFDC loaned out S1,249,948 to 29 businesses
ln 2010, Elgin CFDC loaned out 53,357,000 to 35 businesses
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E EBRCJOBS CREATED
2009
gJOBS MAIhTAINED
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2009
N EBRC BTJSIIIESSES CREATED
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Com mu nity Economic Development
Strengthening our communities through
economic and social development initiatives to
enhance the overall quality of life and prosperity
of Elgin County residents
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Com m u nity Economic Development
o Arts and Cookery Bank
Caso Station
Buy Local Buy Fresh Map
Biz Expo
I ., ;¿w
YOUR BUSINNSS EXPOSURE STARTS HERE
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Self Employment Benefits Program
(sEB)
El (Employment lnsurance Eligible)
- 42 weeks of contributions
Business Concepts
Business Planning Workshops
Business Counselling
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fl c:\Documents and settings\kmonis.ElGlNCFDC\Desktop\IcE cREATIVe\PowERpoINTS\power point slide sBECjpg
SBEC OBJECTIVES
o Assist new entrepreneurs ¡n the evaluation
o Provide stability and support to existing
early-stage small bus¡nesses (operating
less than 5 years w¡th up to 10 employees)
and help ¡mprove success rates
and start up process
o Promote and encourage
entrepreneurship as a viable career
option by developing entrepreneurial
skills, qualities and opportunities for
Onta rio's youth
15
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fl C:\Documents and Settings\lmonis.ELGINCFDC\Desktop\ICE CREATIVe\POWERPOINTS\power point slide SBECjpg
SUMMER COMPANY
A Ministry of Ontario Youth Program
SSOOO in Grants available
Must be between ages L5-29
Must be returning to school
Business training and counselling
Mentorship program
succEss!
. L2 Summer Companies started in 2009
. 13 Summer Companies started in 2010
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ELEVATING SMALL BUSINESSES TO A NEW
LEVEL OF SUCCESS
WHAT IS ICE?
o lt's a mixed-use incubator that delivers essential
services to small businesses
o ICE takes businesses from garages and basements
and gives them a place to accelerate
o Set up to help different types of business: retail,
electronics, bio-tech , ã9, and culinary
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A BUSINESS RESOURCE GATEWAY
ICE prov¡des small businesses with services to succeed:
o administrative, €ducation, flexible work
spac€, offices, mentoring
o investors, pa rtners, lega I a nd accou nting
counselling, marketing assista nce,
management advice
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WORKING TOGETHER FOR CLIENTS
å.ä
-!n.rL- -r-,¡rr ,tL
ELGIN
BUSINESS RESOURCE CENTRE
A fümmunity Fuures f)cvclopnr€nt Co.pomtion
lnE rNNovAïoNcENrRE
l\¡L FoRENTREPRENEURs
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Explori ng Opportu nities
Small Business Enterpr¡se Centre Satellite
- Opportunity for Economic Development
Summer Company Program
Off¡ces
- Opportunity for Youth Entrepreneurship
EBRC information flyer included with tax b¡ll
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rttco
.IþtItlo5d
7:05 p.m. - John Regan, General Manager and Rhonda Stewart,
Executive Assistant from the Elgin Business Resource Centre
Page 41 of 313
Page 42 of 313
5
Subject: AMO Breaking News - Bill 181 ÊlO I
TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL
June 1,2011
B¡ll 181 Passes Third Reading
Mandatory Retirement at age 60 for Ontario's Salaried Firefighters
Highlights:
B¡ll 181, An Act to Amend the Fire Protection and Prevention Act, 1997, was passed at the
Legislature, after Third Reading.
B¡ll 181 allows mandatory retirement at age 60 for the Province's salaried firefighters, standardizing
retirement age across Ontario. The changes will not apply to volunteer firefighters.
The new legislation will require municipalities that do not already have a mandatory retirement age for
firefighters to negotiate a new retirement provision into their collective agreements within two years.
AMO Analysis:
AMO is pleased that Bill 181 does not apply to volunteer firefighters who make up a significant part of
rural and northern fire departments across the Province.
B¡ll 181 provides that fire departments may consider full-time firefighters 60 years or older who wish
to continue employment if there is no undue hardship to the employer. However, they must take into
account the costs and health and safety requirements of doing so. Municipal employers will
ultimately incur the cost of creating and training firefighters for new positions where fire departments
have deemed it appropriate to do so. This could negatively affect other municipal employees and
provoke labour relations issues that the municipalities would be required to fund.
AMO is still concerned about the Labour Board's remedial powers pursuant to section 46.2(5) (d),
which require the employer to reinstate and compensate a firefighter when the Labour Board has
determined that the union has failed to fulfill its duty of fair representation. Where this occurs,
municipalities will be required to compensate the firefighter, rather than the union doing so.
Bill 181 may generate additional labour relations activities forthe municipal employer. AMO will
monitor closely any litigation that may ensue because of Bill 181 and keep its members apprised.
AMO Contact: Monika Turner, Director of Policy, at email: mturner@amo.on.ca or
416-971-9856 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 June 1, 2011 regarding "Bill 181
Passes Third Reading Mandatory Retirement at age 60 for
Page 43 of 313
Page 44 of 313
5
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LONG POINT REGION CONSERVATION AUTHORITY
BOARD OF DIRECTORS - MINUTES
May 4, 2011
(as approved at the Board of Directors meeting held June 1, 2011)
Members in attendance: L. Bartlett, R. Chambers, B. Chanyi, M.Columbus, R. Geysens,
E. Ketchabaw and R. Sackrider.
Staff in attendance: C. Evanitski, D. Holmes, J. Maxwell, J. Robertson, H. Surette, C.
Jacques and D. Mclachlan.
Regrets: D. Beres, C. Grice and D. Travale.
The LPRCA Chair called the meeting to order at 6:30 pm Wednesday, May 4th, 2011.
ADDITIONAL AGENDA ITEMS
None
DISCLOSURES OF INTEREST
None
DEPUTATIONS
None
MINUTES OF PREVIOUS MEETINGS
MOTION A-69 moved: M. Columbus seconded: R. Chambers
THAT the mínutes of the LPRCA Board of Directors regular meeting held Aprit dn, 2011
be adopted as circulated.
CARRIED
BUSINESS ARISING
None
REVIEW OF COMMITTEE MINUTES
MOTION A-70 moved: M. Columbus seconded: B. Chanyi
That the minutes from the Backus Advisory Board meeting of February ztd, 2011 be
FULL AUTHORITY COMMITTEE MEMBERS
Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus
Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale
- t-
Long Point Region Conservation Authority Board of Directors
minutes of meeting held May 4, 2011.
Page 45 of 313
received as information.
CARRIED
CORRESPONDENCE
None
DEVELOPMENT APPLICATIONS
a) MID-MONTH CONFIRMATION
MOTION A-71 moved: R. Chambers seconded: B. Chanyí
That the LPRCA Board of Directors approves the following Mid-Month Development
Applications:
A. For Work under Section 28 Regulations, Development, lnþrterence with
Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O.
1990 Reg. 178/06),
NC-12/1 1 HC-9/1 I NC-13/1 1
B. That the designated officers of LPRCA be authorized to complete the
approval process for these Development Applications, as far as it relates to
LPRCA's mandate and related Regulations.
CARRIED
b) NEW APPLTCATTONS
The Planning Department requested approvalfor eight applications.
MOTION A-72 moved by: E. Ketchabaw seconded: B. Chanyi
That the Board of Directors of the LPRCA approves the following Development
Applications:
A. For Work under Section 28 Regulations, Development, lnterterence with
Wetlands & Alterations to Shorelines and Watercourses Regulations (B.R.O.
1990 Reg. 178/06),
NC-14/11 HC-10/11 NC-15/11 NC-16/11BA-2111 HC-11111 HC-12111 BA-3/11
B. That the designated officers of LPRCA be authorized to complete the
approval process for these Development Applications, as far as it relates to
LPRCA's mandate and related Regulations.
FULL AUTHORITY COMMITTEE MEMBERS
Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus
Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale
-2-
Long Point Region Conservation Authority Board of Directors
minutes of meeting held May 4, 2011.
Page 46 of 313
CARRIED
NEW BUSINESS
a) GALENDAR REVTEW
The Education programs were very busy in April. Four of the five parks opened May 1't
for the 2011 season. May 27'n lo 29'n is the Long Point Carolinian Nature Fest. Many
events and presentations are scheduled, some with advance registration required.
MOTION A-73 moved by: R. Chambers seconded: M. Columbus
That the LPRCA Board of Directors receives the May Calendar Review Report as
information.
CARRIED
b) BUDGET PERFORMANCE AS AT MARCH 31,2011
No changes in the projections for both revenue and expenditures are anticipated at this
time. The Manager of Corporate Services fielded questions with the majority revolving
around the outstanding capital projects. ln 2010, all capital projects were deferred to
evaluate the impact of the strategic plan review.
MOTION A-74 moved by: E. Ketchabaw seconded: B. Chanyi
That the LPRCA Board of Directors receives the l"t quarter Budget Pertormance report
for information.
CARRIED
MOTION 4.75 moved by: B. Chanyi seconded: L. Bartlett
That the LPRCA Board of Directors approves proceeding with the 2011 capital budget;
That staff defer replacement of the Education Centre roof for more information;
And that metal be used for the homestead office roof.
CARRIED
c) DRAFT AMENDED LONG POINT REGION SOURCE PROTECTION AUTHORITY
ASSESSMENT REPORT
The Source Water Technician explained the process to date and the role LPRCA plays in
the Lake Erie Region Source Protection Committee, which is made up of fourconservation
authorities - Grand River, Kettle Creek, Catfish Creek and Long Point Region. The
amended report includes updated water threats, revised vulnerability scores and mapping,
as well as, added text for clarity. Packages were recently mailed to affected landowners
and a public meeting is scheduled for May )m in Simcoe. The GM noted that two letters
have been sent from the LPRCA Board to the Province regarding compensation for
FULL AUTHORITY COMMITTEE MEMBERS
Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus
Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale
-3-
Long Point Region Conservation Authority Board of Directors
minutes of meeting held May 4, 2011.
Page 47 of 313
affected landowners and he will be attending an upcoming meeting to discuss the issue
further.
MOTION A-76 moved by: E. Ketchabaw seconded: B. Chanyi
That the LPRCA Board of Directors receives the Draft Amended Long Point Region
Source Protection Area Assessment Update report as information.
CARRIED
d) FLOOD COORDTNATORS' MEETTNG
LPRCA hosted a meeting for Flood Coordinators on May gth. Staff representing
municipal Emergency Services, Drainage and Public Works were in attendance. The
plan is to make this an annual event.
MOTION A-77 moved by: M. Columbus seconded: B. Chanyi
That the LPRCA Board of Directors receives the Flood Coordinators' Meeting Follow-
Up report as information.
CARRIED
e) WATERSHED CONDITIONS
The Manager of Watershed Seruices noted that it has been a very wet March and April
and the total precipitation recorded for April was 1 47.2mm,72/o above the long-term
average. Thé wind storm April 28th raised Lake Erie 1.5 metres in three hours éending
water over piers and Hastings Drive in Long Point.
MOTION A-78 moved by: R. Chambers seconded: B. Chanyi
THAT the LPRCA Board of Directors receives the Watershed Conditions Update report
as information.
CARRIED
f) WELLTNGTON PARK WATER QUAL|TY PUBLTC PRESENTATTON
The Lands & Waters Supervisor is presenting at a public meeting tonight, as technical
support to Norfolk County, information on the water quality of the Lynn River Watershed
and the Wellington Park restoration.
MOTION A-79 moved by: B. Chanyi seconded: M. Columbus
THAT the LPRCA Board of Directors receives the Wellington Park Public Presentation
on Water Quality staff report as information.
CARRIED
FULL AUTHORITY COMMITTEE MEMBERS
Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus
Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale
-4-
Long Point Region Conservation Authority Board of Directors
minutes of meeting held May 4, 2011.
Page 48 of 313
g) CARBON SEQUESTRATTON STUDY - TOWER PROPOSAL
Professor Altaf Arain has been conducting his research since 2002 and has been
looking for a hardwood stand to further his research. A suitable LPRCA síte in a
working forest has been located and plans are to erect a 40{oot tower. Professor Arain
currently has a monitoring station in Turkey Point.
MOTION A.8O moved by: E. Ketchabaw seconded: B. Chanyi
That the LPRCA Board of Directors grants permission to McMaster University for the
placement of a carbon sequestration and weather station monitoring tower on LPRCA
property located within the South Walsingham Sand Ridges Forest.
CARRIED
h) AMENDMENTS TO ONTARTO REGULATTON 97t04
Proposed changes to the regulations have now been approved. The main purpose of
the amendments is to streamline the permitting process. A follow-up report will be
brought forth at a later date. No questions from the Board.
MOTION 4.81 moved by: B. Chanyi seconded: E. Ketchabaw
THAT the LPRCA Board of Directors receives the Amendments to Ontario Regulation
178/06 report as information.
CARRIED
¡) 2011 CHRTSTMAS OPERATTNG SCHEDULE
Staff will need to save two vacation days for the Christmas holiday. The General
Manager, Field Superintendent, Manager of Watershed Services, Lands & Waters
Supervisor and Field Technician are on call for emergencies over the holidays. The
water level gauges are regularly monitored, including over the holiday, by phone.
MOTION 4.82 moved by: E. Ketchabaw seconded: M. Columbus
That the LPRCA Board of Directors closes operations (except for emergency response)
from December 24111 to January 2112 inclusive,
AND that staff working at that time be granted one complimentary day off with pay;
AND that staff be required to utilize two (2) 2O11 vacation days during the closure
períod or take unpaid leave - along with three statutory holidays.
CARRIED
FULL AUTHORITY COMMITTEE MEMBERS
Leroy Bartlett, Dave Beres, Robert Ghambers, Betty Chanyi, Michael Columbus
Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale
-5-
Long Point Region Conservation Authority Board of Directors
minutes of meeting held May 4, 2011.
Page 49 of 313
MOTION A-83 moved by: R. Chambers seconded: E. Ketchabaw
That the LPRCA Board of Directors does now enter into an "ln Camera" session to
dr.scuss;
! the security of the property of the Conseruation Authority;
! personal matters about an identífiable individual, including Conseruation
Authority employees.
CARRIED
MOTION A-84 moved by: E. Ketchabaw seconded by: M. Golumbus
That the LPRCA Board of Directors does now adjourn from the "ln Camera"session.
CARRIED
MOTION A-85 moved by: R. Chambers seconded by: B. Chanyi
THAT the LPRCA Board of Directors approves offering Justin Miller, resource Planning
Assistant an additional 3 working days a week from May 9, 2011 to September 2, 2011.
CARRIED
MOTION A-86 moved by: M. Golumbus seconded by: R. Geysens
That the LPRCA Board of Directors accepts the confidentialstaff report regarding a
property matter as presented by staff at the May 41n, 201 I Board of Directors meeting
as information.
CARRIED
MOTION A-87 moved by: E. Ketchabaw seconded by: L. Bartlett
That the LPRCA Board of Directors accepts the confidentialverbal report regarding a
personnel matter as presented by the General Manager at the May 4", 2011 Board of
Directors meeting as information.
CARRIED
The Chairman adjourned the meeting at 8:40 pm.
FULL AUTHORITY COMMITTEE MEMBERS
Leroy Bartlett, Dave Beres, Robert Ghambers, Betty Chanyi, Michael Columbus
Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale
-6-
Long Point Region Conservation Authority Board of Directors
minutes of meeting held May 4, 2011.
Page 50 of 313
Ron Sackrider
Vice-Chairman
Dana McLachlan
Administrative Assistant
FULL AUTHORITY COMMITTEE MEMBERS
Leroy Bartlett, Dave Beres, Robert Ghambers, Betty Chanyi, Michael Columbus
Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale
-7-
Long Point Region Conservation Authority Board of Directors
minutes of meeting held May 4, 2011.
Page 51 of 313
Page 52 of 313
r-,)
CoG
EDISON MUSEUM BUILDING COMMITTEE
May 30,2011
Attendance: Jean'Woon, Lynn & Lew Acre, Ray Maddox, Cheryl Peters, Lynda Millard,
Mat Schafer & Harris Teall.
Call to Order: J.'Woon called the meeting to order at 7:30pm.
Agenda: There was no formal written agenda, with the main purpose of this
meeting to discuss whether or not we should/could use an existing pack barn for
our new Edison Museum.
Declaration of Pecuniary Interest: None
Fundraising Dinner Dance 2010: J.W'oon reported that we realizedSl377.96
profit from this event, which is slightly more than 2009's Murder Mystery.
J.Woon suggested that this year (2011) we keep the same theme (50's Sock Hop)
and hire the same band (Back to the 50's) and use the same menu with greater
quantities of food. Everyone agreed. Prior to 2012 f,tndraiser, we may wish to
change the theme. ...(Country & western?)
Possible I)onation of Pack Barn for New Edison Museum: Harris Teall
explained that he has located a vacant 40'X 80' pack barn, which is at risk of
falling into the lake due to erosion. The owner is willing to donate it to Museums
Bayham, but we would have to carefully dismantle it, move it and rebuild it on
site at an estimated cost of $50,000. Bill Knifton, Bayham's Building lnspector
has advised that an Engineer's review is needed ($600-$800) to see if it would be
suitable for a public building and could be upgraded to meet all existing
standards. Lew Acre noted that specific kinds of wood cannot be re-used in public
buildings. Lew also noted that even if we rebuild the barn to its existing size and
shape, we'd still need engineered drawings to satisff the municipal requirements.
Jean reminded the members that our biggest concem is to preserve the artefacts
from deteriorating from the humidity and was hopeful that heated cernent slab
floor, providing radiant heat would solve this dilemma. Ray Maddox worried that
without a basement this design would not meet the future needs of the museum
and the Bayham Historical Society. He would like Steelway Industries to quote on
a new steel structure. Lew rerninded evelyone that the donated barn would have to
meet accessibility standards with handicapped washrooms, doors etc. Mat
Schafer agreed with Ray, and would like to receive Steelway's quote on a 40' X
80' engineered plan, with cost estimate to build to public standards. Ray asked for
an additional quote to include a second floor, in lieu of a basement. Everyone
agreed that it would be worthwhile having an engineer's opinion on the feasibility
of using the donated pack bam and with using our existing funds for this report.
Next Steps:
Jean wìll contacl lohn Spríet to arrange an ínspectíon of the pack børn.
Jean wíll contact Steelway to rcquest costs & ídeasfor engíneered drawíngs.
fean wíll dírect student staff to seek contact ínformationfor øll exìsting corporatíons
who have connectíons w¡th Edíson's patents so letters of appeal can be sent oul
Next meeting: At the call of the chair.
The meeting adjourned at 8:20 pm.
1.
2.
3.
4.
5.
6.
7.
8.
Edison Museum Building Committee minutes of meeting held May
30, 2011.
Page 53 of 313
Page 54 of 313
ç
BAYHAM HrsroRrcAr socrETY ( o (
MUNICIPALIW OF BAYHAM
p.o. Box 160, STRAFFoRDVTLLE, ON. N0' 1Y0
May L2,2011.
PRESENT: Robert & Jeanette Heil, Cheryl Peters, Harris Teall, Bob Graham,
Etole Mc Cann, Barb Ouellette, Corky Ouellette, Ray Maddox, Dorothy Godby,
Betty Lou Wallington, Liz Ball, Sandy Sage & Alex Collins.
President Ray Maddox called the meeting to order at 7:30, welcoming members
and guests.
A motion to accept the minutes of April L4,2011 was made by Corky Ouellette,
2nd. by Bob
Graham
Motion carried.
GUEST SPEAKER: Our speaker Doug Dennis could not make it tonight.
PRESIDENT'S REPORT & MUSEUMS BAYHAM REPORT & CEMETERY
REPORT: Ray repofted that Corky Ouellette went with him and visited some
inactive cemeteries in Bayham. The stone repaired with Gorilla Glue held up to
thew winter weather. The inactive cemeteries in Bayham are Estheruille, Firby,
Best, Goshen, Hemlock, Richmond, Straffordville, Eden, Edison, Vienna and
Ridge Road. The newly organized Cemetery board has asked council for $10,000.
for repairs in these cemeteries.
SECRETARY'S REPORT: Cheryl Peters reported that students were interviewed
and hired some hired for Museums Bayham.
The tickets are printed for the light bulb race as per the new regulations.
The Corinth Craft & Car Show is being held on June 25 at the Community of
Christ Church Cheryl remind everyone to come and join in.
Barb & CorÇ will man our table from 10:00 to 12:00 and Robeft & Jeannette
Heil as well as Bruce & Janet Bolin will help out after that.
She still has not heard if we will get the Seruice Canada Grant.
Bayham Historical Society minutes of meeting held May 12, 2011.
File: C06
Page 55 of 313
TREASURERS REPORT: Robert Heil repofted as follows.
Opening Balance.... .......$4569.74Expenses. .......$ t73B.7L (Computer)
$ 74.45 (supplies)
$ 15.00 (car & craft show)Credits:.... .......$ 80.00 (Mary Gladwin Donation)
Membership fees..... ......$ 35.00
Business Account... ...... $ 128.84
Share Account... $ 75.00
Petty Cash........ $ 1.09
Motion to accept the treasurers report was made by Sandy Sage 2no. By Dorothy
Godby. Motion carried
PROGRAM DIRECTOR:
Our Cheryl Peters spoke to Robin Barker James and he has offered to let us hold
our September meeting at his Museum and he will make us a war time favorite,
Berger Stew if we like. He will give us a tour and slide show. We will all meet at
the Eden Community Center and go on to the Museum from there.
REFRESHMENTS : June 9 the meeting will be held at the Edison Museum, it
will be a pot luck picnic. Please bring extra food as we are hosting members of
the Elgin Historical Society. Plates, cups and cutlery will be provided.
ADVERTISING DIRECTOR: Dorothy Godby Reported that our minutes were in
the Tllsonburg and Aylmer paper.
MYSTERY OBJECT:
NEXT MEETING: June 9, 2011 at 6:00 PM at the Edison Museum, please
remember each person must bring $2:00 for the donation bucket. Please feel
free to bring a friend.
MOTION TO CLOSE THE MEETING: Corky Ouellette and seconded by Barb
Ouellette . Motion carried.
Date
Secretary
President
Bayham Historical Society minutes of meeting held May 12, 2011.
File: C06
Page 56 of 313
1
Cto
300 DufferinAvenue
P.O. Box 5035
London,0N
N6A4L9
L.qrf"o^n
May31,2011
G. T. Hopcroft
Direclor, I ntergovemmental and Com munity Liaison
I hereby certiff that the Municipal Council. at its session held on May 30, 2O11 resolved:
5. That, on the recommendation of the Direstor of lntergovemmental and Community Liaison,
the folfowing acfions be underûaken in response to the anticipated shutdown of tt¡e Canadian Broadcasting
Corporation (CBC) television transmitter in London:
(a) the Mayor BE REQUESTED towriteto the CBC requesting reconsideration of theirdecision to shut
down their over the air television transmission to .the London market without installing ovêr he air
digital transmission to replace it;
(b) the Mayor BE REQUESTED to write to the Federal Minister iesponsible for oversight of the
Canadian Radio-Television Telecommunications Commission (CRTC) to request rêconsideration of
the CBG's decis'lon noted in (a), above;
(c) other Souûiwestem Ontario municipalities affected by this decision, as,well as the Souhwest
Economic Alliance, the Association of Municipalities of Ontario, lhe London Economic Development
Corporation and local school boards, BE REQUESTED to support London's requesf
(d) local and area Members of Parliament and Members of the Legislative Assembly of Ontario BE
REQUESTEDTo supportthe City's request; it being noted thatthe City of London is designated as a
French language service proúder in the areas of Ontario Works and housing by virtue of its role as
Consolidated Munícipal Service Manager in those areas;
(e) London delegates attending the FCM Annual General Meeting BE REQUESTEDtcadwc#onhb' ' matter during the appropriate policy sessions in June;
(0 this matter BEADDED to the agenda forthe next Special Meeting of the Finance and Adminisûation
Committee with local Members of Parliament;
(S) the Director of lntergove¡mental and Community Liaison BE REQUESTED to investigate what
stepìs can be takên to appeal the CBC's decision to the CRTC; and
(h) the Director of lntergovemmental and Community Liaison BE REQUESTED to provide an update on
this matter to lhe Finance and Administration Committee at its meeting on July 20,2011;
it being noted that the Finance and AdmÍnistration Committee heard the aftached presentat¡on ftom David L.
Winter, President, PW Consulting with respect to this matter. (201 1:M11-00) (5/14IFAC)
C. Saunders
City Clerk
/hw
cc: D. L. Winter, PW Consulting, 854 Queenborough Crescent, London, ON N6G 5K2
P. \Mite; President and CEO, London Economic Development Corporation
Association of Municipalities of Ontario, 200 University Ave., Suite 801, Toronto, ON MsH 3Co
Southwest Econor-nicAlliance, 73 Albert Street, Skatford, ON.NsA 3K2
The Corporation ofthe City of London
Office: 519€61-2500 ext. 4599
Fax 5196614t!92
wvrrw. london.ca
Copy of Resolution dated May 31, 2011 from City of London
regarding "CBC decision to shut down over the air television
Page 57 of 313
Thames Valley Distric{ School Board, 1250 Dundas Street, PO Box 5888, London, ON N5W 5P2
London Distdct Catholic Scfrool Board, PO Box æ74,5200 Wellington Road South, London, ON
The Honourable Deb Matthews, by email
The Honourable Chris Bentley, by emaif
The Honourable Steve Peters, by email
Khalil Ramal, by email
Ed Holder, by email
S. Truppe, by email
l. Mathyssen, by email
J. Preston, by email
F. Urbshott, Adelaide Metcalfe, by email
L. deBoer, Lucan Biddulph, by email
S. Troyer-Boyd, Middlesex Centse, by email
J. ïedeman, North Middlesex, by email
J. Newitt, Southwest Middlesex, by email
A. Toth, Strathroy-Caradoc, by email
M. Lewis, Thames Centre, by email
Mllage of Newbury, by email
F. Bell, Township of Blandford-Blenheim, by email
J. Carswell, Township of East Zona-Tavistock, by email
M. M. Graves, Township of Norwich, by email
M. E. Greb, Township of South-West Oxford, by email
D. W. MacLeod, Township oÍZotra, by email
M. Paley, Town of lngersoll, by emâil
M. Graves, Town of Tillsonburg, by email
L. Garishore, City of Woodstock, by email
N. lrving, Town of Aylmer, by email
L. Millard, Munícipality of Bayham, by email
D. N. Leitch, Municipality of Central Elgin, by email
K. Loveland, Municipality of Dutton/Dunwich, by email
M. R. Casavecchia, Malhide Township, by email
W. Graves, City of St Thomas, by email
D. Ethier, Southwold Township, by email
N. Bryant, Municipalþ of West Elgin, by email' K. Bunting, Middlesex County, by email
B. Tabor, Oxford County, by email
Elgin County, by email
L. Wolfe, Municipality of Bluewater, by email
M. Di Lullo, Municipalþ of South Huron, by email
J. McLachlan, Municipality of Huron East, by email. B. A. Wlson, County Office, by email
C. Case, Township of Brooke-Alvinston, by email
M. Schnare, Township of Dawn-Euphemia, by email
F. Jackson- Kettle and Stony Foint, by email
F. Woods, Township of Warwick, by email
C. McKenzie, MunicipaliÇ of Lambton Shores, by email
S. Thiffeautt, County Office, by email
G. Schwendingeç Township of Perth East, by email
T. lvanyshyn, Township of Perth South, by email
R. Brindley, Seperated Town of St. Mart's, by email
J. Thomson, City of Skatford, by email
S. Cronin, Municipality of West Perth, by emaif
K. A. O'Rourke, County Office, by email
S. Duke, Township of Wellesley, by email
B. McLeod, Township of Wlmot, by email
M. Foumier, City of Kitchener, by email
Mayor Fontana
Councillor Polhill
Councillor Armstrong
Councillor Swan
Councillor Orser
Gouncillor Baecttler
Councillor Branscombe
Councillor M. Brown
Councillor Hubert
The Coçoration of the Cþ of London
Office: 5 19661-2500 ext 4599
Fax:519661-4892
www. london.ca
Copy of Resolution dated May 31, 2011 from City of London
regarding "CBC decision to shut down over the air television
Page 58 of 313
Copy of Resolution dated May 31, 2011 from City of London
regarding "CBC decision to shut down over the air television
Page 59 of 313
tSl0sl2otl
CBC Leaving London
Power Point about Saving CBC
The Big Change to Digital
Why ls Television Going Digitat
. Only areas in the Country that have a population
over 300 000 will be forced to convert
. lt Works with the old Rabbit ears, and the picture
is HD qualiÇ and Dolby 5.1 sound
. The Digital change allows lower power broadcasts
to maintain the same coverage resulting in
energy savings.
. Government is selling off the unused Spectrum to
Cell and Wireless Internet Companies
Copy of Resolution dated May 31, 2011 from City of London
regarding "CBC decision to shut down over the air television
Page 60 of 313
7810s120L7
Who will be affected
Anyone who wants to watch TV over the air (with
an antenna or rabbit ears
There is an estimation that 30 000 households in
London could be affected. (lt could be more with
Students)
anyone who wants to get rid of satellite or cable
come the digital transition. ln LA, since converting
to DTV, half a million homes have added
antennas for OTA.
The Big Change to Digital
Examples of Digital
Copy of Resolution dated May 31, 2011 from City of London
regarding "CBC decision to shut down over the air television
Page 61 of 313
t8l0sl20Lt
Local Television Stations Affected
::..=f- Radio-Canada and CBC are Shutting down August 31 2011
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Copy of Resolution dated May 31, 2011 from City of London
regarding "CBC decision to shut down over the air television
Page 62 of 313
t8/os/2017
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Copy of Resolution dated May 31, 2011 from City of London
regarding "CBC decision to shut down over the air television
Page 63 of 313
tslosl2ott
W¡th CBC not available not OTA
What Will be affected
. CBC is a publicly owned broadcaster (Which is funded
by Canadian Tax Dollars). Hockey Night in Canada. Nationali Dragon's Den. Rick Mercer Report. Little Mosque on the Prai¡:ie. The Nature of Things. French CBC will not be available as well
- London is known as a bilingualCity, but we will not have a' nãtional broadcaster in French in this City
Copy of Resolution dated May 31, 2011 from City of London
regarding "CBC decision to shut down over the air television
Page 64 of 313
,DRINKIN6 WATERSıtiRöÈ'þörËcrïöN
kÒÒ
LAKE ERIE REGION SOURCE PROTECTION COMMITTEE
MEETING MINUTES
Thursday, May 5,2011
The following are the minutes of the Lake Erie Region Source Protection Committee meeting
held on Thursday, May 5, 2011 atthe Grand River Conservation Authority Administration Office,
400 Clyde Road, Cambridge, ON.
Members Present: C. Ashbaugh, Chair; M. Ceschi-Smith, H. Comwell, M. Goldberg,
A. Henry, *K. Hunsberger, R. Krueger, G. Montour, D. Murray,
J. Oliver, D. Parker, L. Perrin, T. Schmidt, R. Seibel,
B. Ungar, M. Wales, P. Wilson, D. Woolcott, W. Wríght-Cascaden
Members Regrets: P. General, R. Haggart, J. Harrison, C. King, J. Laird, l. Macdonald
Proxy Representatives: *P. Busatto (J. Laird), A. Davidson (R. Haggart), A. Henry
(1. Macdonald), *Carolyn King (C. King)
Liaisons:L. Ross, Provincial Liaison; J. Mitchell, Source Protection Authority
Liaison; D. Young, Public Health Liaison
Region Management C. Evanitski, LPRCA; J. Farwell, GRCA; S. Martyn, CCCA;
Committee: C. Murray, KCCA; R. Sackrider, LPRCA; K. Smale, CCCA;
E. VanHooren, KCCA
S. Brocklebank, GRCA; S. Cooke, GRCA; N. Davy, GRCA;
B. Fields, County of Norfolk; C. Jacques, LPRCA; M. Keller, GRCA;
L. Minshall, GRCA; F. Natolochny, GRCA; T. Ryan, GRCA;
D. Schultz, GRCA; T. Seguin, GRCA; M. Silverio, City of Hamilton;
L. Stafford, City of St. Thomas; E. Stahl, GRCA; H. Waite, County of
Oxford;4. Wong, GRCA; G. Zwiers, GRCA
1. Call to Order
C. Ashbaugh called the meetíng to order at 1:00 p.m.
2. Roll Call and Certification of Quorum - 17 Members Constitute a Quorum
(2ß of members)
The Recording Secretary called the roll and certified quorum.
Lake Erie Region Source Protection Committee minutes of
meeting held May 5, 2011.
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May 5, 20ll Page2
3. Chairman's Remarks
C. Ashbaugh welcomed members, staff and guests and noted the following:
- The Long Point Region Assessment Report has been approved. During the Chairs'
teleconference it was noted that seven assessment reports have been approved to date.
Of these seven, three are from the Lake Erie Region.
- The Lake Erie Region Management Commlttee meeting was held at Catfish Creek
Gonservation Authority on April 27. There was discussion regarding a Conservation
Ontario financial summary for the Source Protection Regions. C. Ashbaugh noted that he
was impressed with how efficiently the Lake Erie Region is operating.
- George Montour, a new Source Protection Committee member from the Six Nations
council, was welcomed.
- The first of twelve scheduled public meetings was held May 4 in Guelph. Three specific
topics were addressed: one was relative to quarry issues in Guelph, one was a lengthy
dissertation on nitrate issues in hamlets with new construction, and one was a recorded
statement from a member of the agricultural community regarding the continuation and
enhancement of the Stewardship Program. A second public meeting will be held tonight
in Paris; members are encouraged to attend at least one of the public consultation
meetings.
* K. Hunsbergerjoined the meeting at 1:10.
- The Waterloo Wellington Children's groundwater festival will be held May 30 to June 3 at
the Doon Children's Museum.
4. Review of Agenda
Moved by: D. Parker
Seconded by: M. Wales carried unanimously
THAT the agenda for the Lake Erie Region Source Protection Committee
Meeting of May 5, 2011 be approved as distributed.
5. Declarations of Pecuniary lnterest
There were no declarations of pecuniary interest made in relation to the matters to be dealt
with.
6. Minutes of Previous Meeting - April 14,2011
Moved by: R. Krueger
Seconded hy: A. Henry carried unanimously
THAT the minutes of the previous meeting April 14, 2011 be approved as
distributed.
Lake Erie Region Source Protection Committee minutes of
meeting held May 5, 2011.
Page 66 of 313
Mindes of Meeting
Lake Erie Region Source Protection Gommittee
May 5,2011
7. Hearing of Delegations
None
8. Presentations
* Carolyn King joined the meeting al1:12.
Page 3
a) Achieving the Objectives of the Clean Water Act
M. Keller provided an overview of the objectives of the Source Protection Program, which
included a summary of mandatory and optional content of the Source Protection Plan, tools
to address/prevent significant threats, the policy development process and timelines.
* Peter Busatto joined the meeting at 1:23.
G. Montour noted that, although he appreciates the work being put into this program, a First
Nations community such as the Six Nations of the Grand River falls under federal legislation.
The lack of support from the federal govemment makes it difficult for First Nations to
contribute to the solution.
9. Gorrespondence
a) Copies for Members
i) Conespondence from lan Smith, Director, Source Protection Programs Branch,
Ministry of the Environment to Craig Ashbaugh, Lake Erie Region Source Protection
Committee Chair Re: Approval of the Proposed Long Point Region Source Protection
Area Assessment Report
b) Not Copied
None
Res. IVo. 32-11 Moved by: J. Oliver
Seconded by: B. Ungar carried unanimously
THAT the correspondence be received for information.
10. Reports
a) SPG-Il-05-01 Onsite Sewage System Discussion Paper
E. Stahl provided an overview of the discussion paper for onsite sewage systems.
D. Murray requested clarification regarding the prescribed instruments and the Ministry of
the Environment's involvement in approval of larger systems, noting that municipalities
are running into situations where, in order for a landowner to receive approval for a larger
onsite sewage systems, they require either an agreement signed with local municipality
for which substantial securities are required by the owners, or an assessment of the
Lake Erie Region Source Protection Committee minutes of
meeting held May 5, 2011.
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Lake Erie Region Source Protection Committee
May 5, 20ll Page 4
wastewater treatment plant's capacity to accommodate their waste. E. Stahl responded
that reducing the capacity of those systems can be included as a condition of a Certificate
of Approval under the prescribed instrument tool. lnvestigations can also be included
under this tool if that is a concern. D. Munay noted that municipalities are not part of the
approval process, and they are reluctant to set aside capacity in their wastewater
treatment plants and to be assigned this responsibiliÇ.
H. Cornwell noted that the document refers to consistency across the Lake Erie Region,
but wondered if the goal should be consistency across the province. M. Keller responded
that the program has been structured to allow local committees to make local decisions,
although there is collaboration between source protection regions where municipalities
overlap regions. Consistency will be a challenge not only between source protection
regions, but also throughout the Lake Erie Region.
D. Parker pointed out that the future policy options list set-back distances from municipal
wells and suggested that it should work both ways; there should also be set-back
distance required for the installation of new wells. He also suggested that if campgrounds
are not on municipal water, their septic system should not be included in the threats
assessment. lf their wells are not included in the process, nor should their septic systems
be included. L. Penin pointed out that a campground's septic system may be in an area
that has an impact on a municipal well. A. Henry suggested that there are two separate
issues; a septic at a campground may or may not be a threat to its own water supply or it
may be a threat to a municipal water supply.
D. Munay asked for clarification of the definition of a small system versus a large system
and asked how Belwood Lake, for example, would be defined. L. Ross clarifìed that if
there is one legal piece of land, such as a trailer park or campground, where there would
be multiple systems on that piece of land, the capacity is a combined capacity under
those circumstances. R. Seibel pointed out that his understanding of the Grand River
Conservation Authority cottage lot program is that the cottages are on conservation
authority land, which is a fairly large parcel. M. Keller reminded members that this
property is relevant only if it is in a vulnerable area.
L. Perrin asked if properties are subjected to mandatory inspections through the building
code irrespective of the vulnerability. M. Keller responded that the mandatory inspection
program is targeted to systems that have been identified as significant drinking water
threats in approved assessment reports. lf the property has not been identified as
significant drinking water threat, it would not be subjected to the mandatory inspection
program.
C. King observed that part of the proposed future policy options includes educating and
training property owners regarding how to maintain and use their septic systems, and
asked if the lack of landowner knowledge regarding proper septic maintenance was
primarily for small septic systems. E. Stahl replied affirmatively.
G. Montour pointed out that Six Nations of the Grand River are looking at these problems,
noting that overcrowding is a large concem in their tenitory. He suggested that research
in terms of communal septic systems has been favourable because communal systems
are easier to control and monitor.
Lake Erie Region Source Protection Committee minutes of
meeting held May 5, 2011.
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Res. lVo. 33-11 Moved by: B. Ungar
Secondedby: R. Serbel
Page 5
carríed unanímously
THAT the Lake Erie Region Source Protection Committee release the
Onsife Sewage Sysfems Drscussion Paper to municipalities for source
protection pl a n n i ng purposes.
b) SPC-If -05-02 Residential Heating Oil Discussion Paper
E. Stahl provided an overview of the discussion paper for residential heating oil.
B. Ungar asked how many of the 150 significant threats in WHPA-A are inground tanks.
E. Stahl responded that this level of detail of the threats investigation is not yet available.
D. Parker asked if the threats in Grand Valley and East Luther are an instance where the
well was drilled after the houses were built and reiterated that municipal wells should also
have a set-back distance from houses. L. Ross responded that it is not within the Source
Protection Committee's purview to identify where a municipality locates a well. Although
they can make this suggestion outside of the source protection plan, it cannot be included
in the plan. She further elaborated that the new well is not the threat, the activity is the
threat. D. Parker responded that implementing set-backs for municipal wells would be a
way to ensure that future threats do not exist. L. Ross responded that a well is not a
threat, and could not be considered as a future threat. She noted that, although the
committee can do other things outside of the source protection plan, the Clean Water Act
is not the mechanism for this. A. Henry identified that the precautionary measures
necessary for siting a well are addressed elsewhere; one of the requirements for locating
a site for a municipal well is a risk assessment. lf there were numerous threats on a site,
flags would be raised during the risk assessment.
M. Goldberg expressed concem that a gap in the source protection process may have
been identified regarding the lack of prescribed instruments for this industry. lf there are
no prescribed instruments at the Source Protection Committee's disposal, it depends on
peoples' good will. He expressed concern that if the owners are left as the trigger for an
inspection, and there is a cost, the inspection would not happen and there could be leaks.
He stated that many threats are due to leaking underground storage tanks, and asked if
that is cunently covered under the stewardship program and, if not, are there potential
changes that could be made fairly quickly. M. Keller responded that, under the cunent
stewardship program, Early Response is to address significant threats, so if an activity
has been identified as a significant threat, it would be eligible. He cautioned, however,
that there is also competition from 8,000 other threats for the funding. T. Ryan along with
representatives from the source protection committee are working to identify how that
funding should be used to address threats in the Lake Erie Region.
L. Ross added that the TSSA is not a prescribed instrument because they do not have
terms and conditions, so there is no instrument to prescribe. However, Part lV tools are at
the committee's disposal for this type of threat. A. Henry noted that he had understood
that there is a regulation under which a leaking fuel tank would fall once discovered.
L. Ross responded that she believes that is in the TSSA legislation and the
Environmental Protection Act would cover the spill once it enters the natural environment.
Lake Erie Region Source Protection Committee minutes of
meeting held May 5, 2011.
Page 69 of 313
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B. Ungar noted that the challenge this and other committees willface will be underground
tanks on abandoned properties that they are unaware of; he suggested that thís should
be considered by the committee.
M. Ceschi-Smith noted that there are a significant number in Grand Valley. She pointed
out that a majority of the sewage spills also come from Grand Valley and suggested that
there is a large issue in Grand Valley from a water perspective. L. Ross pointed out that
the Environmental Protection Act is site specific. As such, the source protection
committee can look at spill contingency plan policies and education and outreach on spill
related response. R. Seibel suggested that the Ontario Energy Board has previously
allowed gas companies to put gas into areas where it is otherwise uneconomical. He
suggested that it may be possible to get permission to put a gas line through.
D. Woolcott commented that the bulk fuel suppliers have become very diligent at looking
at tanks and rejecting filling tanks that are not safe. There is significant pressure on the
fuel supplier to refuse to fill unsafe tanks. Referring to the comments regarding Grand
Valley, he noted that in any town there could be a fuel tank in a residential areai it cannot
be assumed that because there is a gas line, there is no fuel tank. He identified that not
everyone prefers gas, propane, or geothermal energy. He noted that there may also be
businesses that require constant power and have generators with fuel storage. People
have various reasons for why they have fuel storage, and hooking up to gas is not
necessarily the only altemative. He noted that the TSSA can be quite heavy handed, and
fuel distribution companies are much more diligent than we realize because there is a
tremendous liability that falls on them.
M. Keller noted that there have been considerable changes in the discussion papers
since they were presented last month, and asked members for any comments regarding
how useful they think the discussion papers will be moving forward and whether an
appropriate balance has been achieved meeting both the needs of the source protection
committee and municipalities.
M. Goldberg suggested that it would be useful to have how many significant threats are
represented by a particular issue at the front of the document. M. Keller noted that this
information is provided in Table 1, but it can also be placed at the front.
D. Parker asked if any comments members have made will be incorporated into the
document. W. Wright-Cascaden responded that any changes to the proposed discussion
paper that members would like to see should be proposed and moved as an amendment.
Once the committee passes the resolution supporting the use of the document, the
project team will not go back and make changes. Whatever comes out of this committee
meeting is what will be shared with the municipalities.
J. Oliver referred to D. Woolcott's point regarding suppliers and distributors and
suggested that an important target may have been missed.
Moved by: J. Oliver
Seconded by: M. Goldberg carried unanimously
THAT text be added to the Residential Heating Oil Drscussion Paper to
identify suppliers and distributors, including truck drivers, as one of the
Res. Â/o. 34-11
Lake Erie Region Source Protection Committee minutes of
meeting held May 5, 2011.
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targeted groups relative to possible tools and policies in the drscussr'on
paper.
M. Wales pointed out that many subjects were discussed on both discussion papers, and
asked how those should be addressed.
M. Goldberg suggested that he would like to see the stewardship program improved to
include making funding available for residential heating oil home inspections. M. Keller
reiterated that the Early Response program must address significant threats. A. Henry
added that the province is funding capital$pe work more so than operating type work. He
suggested that the province would be unlikely to pay for annual ongoing inspections
which would be considered a home ownership activity. M. Goldberg pointed out that a
leaking fuel tank is difficult to identify, especially if the fuel tank has been leaking for a
long time.
T. Schmidt stated that the committee could ask the province to pay for whatever they
want, but that does not mean the province will provide that funding; the committee should
ask themselves if the request would get them any further as a committee. He also
cautioned that policies and programs may, in future, fall onto other agencies, such as
municipalities. lt may not be necessary to duplicate processes when there are already
policies and laws in place to dealwith fueltanks.
W. Wright-Cascaden noted that it sounds as though underground tanks are more
significant in terms of being a threat because the leaks are more difficult to identify. At this
point, it might be usefulto identify inground tanks as a priority.
H. Cornwell asked if numerous oil tanks are leaking underground would be considered a
condition. L. Ross responded that, if there are that many tanks leaking, it is a threat and a
condition. However, there are more tools for threats and fewer tools available for
conditions, so it is better to deal with ¡t as threat.
C. King asked how the suggested policies apply to the future. M. Keller responded that
the policies would still apply to a future home owner. L. Ross added that in vulnerable
areas where the storage of fuel does not currently exist but could be a threat, restrictions
could include policies for risk management plans and require certain things to be done
such as only above grade storage tanks.
Res.IVo. 35-11 Moved by: D. Parker
Seconded by: L.Penin carried unanimously
THAT the Lake Erie Region Source Protection Commiftee release the
Residential heating Ol/ Drscussion Paper to municipalities for source
protection planning purposes
11. Business Arising from Previous Meetings
None
Lake Erie Region Source Protection Committee minutes of
meeting held May 5, 2011.
Page 71 of 313
Minutes of Meeting
Lake Erie Region Source Protec{ion Gommittee
May 5,2011
12. Other Business
a) Question and Answer Period
Page I
None
b) Melanc{hon Township Quarry
M. Goldberg stated that because he could not attend the April 14 meeting, he asked that
this item be added to the May 5 agenda. The comment period for the proposed quarry,
which was initially until the end of April, has now been extended to mid-August. He asked
that this item be brought to the committee because he has heard that this giant quarry
will be located right at the source water of the Grand River. He suggested that, this being
the source water protection committee, it seems relevant for this committee to discuss
whether it has the potential to be a significant threat.
A. Henry recognized that the proposed quarry is outside the jurisdictional boundaries of
this committee; however, he noted that those boundaries are based on surface water. He
asked if there is a process for the source protection committee to review the application
and make recommendations. M. Keller responded that an application review is cunently
being done by the Grand River Conservation Authority, who will comment to the
Nottawasaga Valley Conservation Authority with respect to the application.
F. Natolochny advised that there is cunently not a process by which the source
protection committee would provide comments directly. Conservation authority staff have
undertaken an initial review of the applícation, and the commenting period has been
extended to July 11. Gonservation authority staff will comment directly to the Ministry of
Natural Resources on the application. He advised that he is not aware of how this
committee would be directly involved in the application review process at this time. The
comments which were submitted by the Grand River Conservation Authori$ indicate a
number of outstanding technical questions forwhich they are awaiting a response.
J. Oliver suggested that an immediate action he would like to see the source protection
committee take would be to ask the neighbouring source protection region in which the
proposed quarry is being located what action they plan to take. Notwithstanding what
F. Natolochny has said, he stated that he sees no reason why the source protection
committee cannot comment or endorse comments, and add their voice to the many
others on the matter.
M. Keller responded that he could investigate what the South Georgian Bay Lake Simcoe
Source Protection Committee is doing. He advised that G. Zwiers can provide a map
which would demonstrate the location of the closest municipal drinking water system in
the Lake Erie Region to provide a groundwater perspective and determine with more
certainty whether there may be any potential impact on a municipal drinking water
system in the Lake Erie Region. G. Zwiers showed a map of the closest municipal well to
the proposed quarry site and noted that the quarry would be 10.5 km to nearest well.
M. Goldberg asked if the proposed site is near the source of the Grand River. G. Zwiers
responded that the Grand River Conservation Authority's position is that it is outside of
Lake Erie Region Source Protection Committee minutes of
meeting held May 5, 2011.
Page 72 of 313
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Lake Erie Region Source Protection Committee
May 5,2011 Page 9
the Grand River watershed, and the groundwater information thus far indicates it is
outside of the groundwater influence of the watershed as well.
R. Seibel asked what the cone of influence for the quarry would be. G. Zwiers responded
that the proponent is estimating less than 1 metre drawdown within 100 m of the quarry
face; however, the proponent has not provided the estimated drawdown in the absence
of mitigative efforts.
M. Wales noted that the largest challenge with this project is what remains unknown. lt is
difficult to know where the cone of influence might be; the quarry will be several hundred
feet in the water table, with tens of millions of litres of water being pumped every day
forever. lnespective of whether this committee can have an influence or whether it
affects the Grand River watershed, some type of comment should be made. Land is
being taken out of food production, and material is likely to be exported out of the
country. Although it is not within the boundaries of the source protection committee,
morally some type of comment should be made.
T. Schmidt agreed that, as individuals, some type of comment could be submitted; but
pointed out that any authority the source protection committee has, is given by the
province. The authority the province has given the source protection committees is not
meant to deal with this type of application. The Grand River Conservation Authority board
perhaps has the authority to comment on this, but not the source protection committee.
D. Parker noted that the application states that the property would be rehabilitated for
agricultural use and expressed doubt that the land would be useful for agriculture after
extraction 150 feet down. He pointed out that if the water being pumped out is returned to
the Grand River system that would be fine, but if they pump it into the Nottawasaga
Valley watershed, Kítchener and Brantford's water takings could be affected.
D. Murray concurred with T. Schmidt regarding the purpose of the committee; however,
he is concerned that there will be an impact to source water. He asked if it makes sense
to support the comments the Grand River Conservation Authority is putting forward,
which may add some strength to the comments.
F. Natolochny pointed out that the timeframe for receiving a response could be up to two
years, although the conservation authority is hoping for a response sooner. Another
submission will be sent before the July 11 extension deadline.
A. Henry suggested that this is a lengthy process from start to finish, and there will be
opportunities where this commíttee may or may not have authority or jurisdiction to
comment. lf there is no identifiable source water issue, then he suggests the committee
support the Grand River Conservation Authority's comments.
M. Goldberg noted that any application under the Natural Resources or Aggregate Act is
typically sent to the conservation authorities for comment, but they are not sent to the
source protection committee for comment. He suggested L. Ross take this back to the
Ministry of the Environment, and for the time being, the committee could write to the
source protection committee in the neighbouring region and see if they have considered
this as a water quantity threat.
Lake Erie Region Source Protection Committee minutes of
meeting held May 5, 2011.
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C. King noted that the Mississaugas of the New Credit are concerned with the mega
quarry approach that was proposed as best practice by the Ontario govemment; they
have informally shared these comments with the Ministry of Natural Resources.
R. Seibel pointed out that aggregate activities are restricted in so many places, that, by
default, this is what is being encouraged. Farmland outside of protected areas is, in
effect, where the province has pushed the industry.
L. Ross pointed out that from the perspective of the Clean Water Act and source
protection policies this is not within the cunent scope. lf this quarry does affect a
groundwater supply, it could be included in a future assessment report.
Res. Â/o. 36-11 Moved by: M. Wales
Seconded by: M. Ceschi-Smith carried unanimously
THAT the GRCA comments and technicalreview which were submitted to
the Ministry of NaturalResources on April 26, 2011 be senf to the Soufh
Georgian Bay Lake Simcoe Source Protection Committee,
AND THAT the South Georgian Bay Lake Simcoe Source Protection
Committee be asked if they have considered the impact of water quantity
as a result of the proposed quarry in their Source Protection Region.
Res. Ä/o. 37-11 Moved by: B. Ungar
Seconded by: R. Krueger carried unanimously
THAT the Lake Erie Source Protection Committee support the Grand River
Conseruation Authority's request for additional information as stated in
their letter submitted to the Ministry of Natural Resources on April 26,
2011.
W. Wright-Cascaden asked if, based on the information available and requested, staff
will be in a position to determine if the quarry has the potential to be a significant drinking
water quantity threat. G. Zwiers responded that it does not cunently fall in a vulnerable
area. M. Keller added that there is currently no Tier 3 water budget in this area. As such,
there will not be any significant drinking water quantity threats there, nor will there be in
the foreseeable future.
L. Ross suggested that the Chair of the Lake Erie Region Source Protection Committee
could contact Nottawasaga Valley to find out if they have a wellhead protection area that
will be affected, in which case the Lake Erie Region may be affected.
* P. Busatto left at 3:15 pm.
c) Placement of Fill
R. Seibel refened to an article regarding the placement of fill which was distributed
electronically and noted that this is a follow-up regarding the committee's request to the
Ministry of Environment pertaining to the type of fìll being placed at aggregate operations.
He noted that fill is being placed in areas of the watershed that are somewhat
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May 5, 2011 Page ll
placed unregulated and untested and whatuncontrolled. The article details fill being
municipalities are doing about it.
M. Keller asked F. Natolochny to provide further background. F. Natolochny referred to
the Aggregate Resources Act and stated that, if fill is being brought in under the
aggregate license, it is exempt under Conservation Authorities Act. Although the
Conservation Authorities can comment to the Ministry of Natural Resources, they have
no active engagement in the placement of that fill. What they have found in the recent
past, is a large quantity of fill is coming from the greater Toronto Area and being dumped
in farm fields, which is a major concern for Conservation Authorities and municipalities. ln
response, municipalities have been upgrading site grading control bylaws, and the
Conservation Authority has been actively working with the municipalities in this regard.
R. Seibel pointed out that the source protection committee does not have any policies
that he is aware of that would restrict this $pe of fill in wellhead protection areas.
M. Keller responded that there has been no development of any policy with regards to
infill. R. Seibel stated that he sees that as a gap.
L. Ross pointed out that the import of fill soils is not a prescribed threat, and as such,
there would have to be an application to the Ministry of the Environment to have it
considered as local threat. A. Henry pointed out that any fill material placed on land has
to meet regulatory requirements. lt is not the act of placing fill that is the threat; it is what
else is in that fìll that would be a threat.
13. Closed Meeting
Not applicable
14. Next Meeting - Thursday, June 2, 2011, l:00 pm
Grand River Conservation Authority, 400 Clyde Road, Cambridge, ON
15. Adjourn
Moved by: D. Parker
Seconded hy: L. Perrin carried unanimously
THAT the Lake Erie Region Source Protection Committee meeting of May
5,2011 be adjourned.
The meeting adjoumed at 3:45 p.m.
Chair Recording Secretary
Lake Erie Region Source Protection Committee minutes of
meeting held May 5, 2011.
Page 75 of 313
Page 76 of 313
Correspondence dated June 13, 2011 from Ross and Martha
Andrews regarding "Waste Collection Scheduling".
Page 77 of 313
Page 78 of 313
CORPORATION OF THE MUNICIPALITY OF'BAYTIAM
STAFF REPORT
TO: Mayor & Members of Council DATE: June 10,2011
FROM: Planning Coordinator/Deputy Clerk FILE: D10.11 MacDonald
SUBJECT: MacDonald Consents Es4lll 8.855111 NUMBER: D20Ll-22
Purpose
To consider two consent applications proposing lot additions within the Village of Vienna.
Background
Consent applications \ryere received from the Elgin County Land Division Committee submitted
by John Robert MacDonald proposing to sever a parcel 0.5856 hectare (1.45 acre) and a 0.453
hectare (1.12 acre) parcel, both to be added to adjacent properties to the east. The subject land is
located on the west side of Centre Street, north of Vienna Line and Pea¡l Street. The subject land
is designated "Residential" in the OfEcial Plan and zonedVillage Residential (Rl) in the Zoning
ByJaw No.2456-2003.
Elgin County Land Division Committee will consider the application on Jlurlre29,20ll.
Staff & Planner Comments
The applications propose to sever and add lands to existing residential properties for the purpose
of settling his mother's estate. Mr. MacDonald is severing the property he owns to add equal
shares to each ofthe sisters' properties adjacent to his.
The Official Plan policies permit consents for lot additions provided the severed and retained
parcels comply with the Ofñcial andZonrngBy-law. Staffand the planner have reviewed the
applications and other than noting that all three properties will be irregularly shaped, have no
objections to the consents as all three parcels comply with the ZorungBy-law and Official Plan
policies.
At the time of writing this rqlort, no public comments have been received.
Attachments
l. Consent Applications E54l11 8.E55ltl
2. IBI Group memorandum dated June 6, 2011
Strategic Plan Goal(s)
Goal # 6 Provide and encourage attractive lifestyle choices.
Staff Report D2011-22 regarding "MacDonald Consents E54/11
& E55/11".
Page 79 of 313
Staff Repo ft D20l I -22 MacDonald
RECOMMENDATION
Page2
'TIIAT Council recommend to the Etgin County Land Division Committee the two consent
applications 854/11 & 855/11, submitted by John Robert MacDonald, be granted with each
application subject to the following conditions:
1. copy of the final survey be provided to the municipality
2. Letter of Undertaking providing for the consolidation of the severed parcel
with the adjacent property as per the application
Planning CoordinatorlDeputy Clerk
Respectfully submitted,
Staff Report D2011-22 regarding "MacDonald Consents E54/11
& E55/11".
Page 80 of 313
iiiiiÏ:''ii AppucAroN FoRcoNSEm *# +6,ai ;
ELGIN COUNTY LAND DIVISION COMMITTEE
rr) i
Address
Telephone Number
Name of owne/s solicitor or authorized agent
Address
6q/zltþr6>tzTelephone Number f l c¿ g7 - g p ft¡ Óct/t¿ttvriantv oN z -/S' el7
Please speciff to whom all communications should be sent:
owners 1/Solicitor ( )Agent ( )
(a) Type and purpose ofproposed transactioh: (check appropriate space)
Transfer: creation of a new lot Other: charge
\'/ addition to a lot lease
easement
other purpose
conection of title
(b) Name of person(s), if known, fo whom land or interest in land is to be transfered, leased or
charged:
4. (a) Location of land:
uunicipatrt¡ \AY HArv't Concession No.
lf a lot addition, identiff the lands to which the parcel will be added:(c)
Lot(s) No. P*fl4 "l tor t,q .Wqs¡ Registered
Näme of street í/b - J - ¿l 1&Ètt( Jr
street No. .
(b) Are there any easements or restrictive covenants affecting the subject land?
' Yes ( ) No ( ) lf Yes, describe the easement or covenánt and its effect:
5. ,Rescription of land intended to be sèvered: (Accurate Measurements in Metric)(p rrontase ' 2.2.îom Depth 113.?8-,leR nrea O" f€ f6 '9¿
Existing u"e ßæt dt ^/ ,q l (tfu.o-^tr) proposed use lZe r, rlr nh n / (t¡"n ,tr
Number and use of buildings and structures (both existing and proposed) on the land to be
severed:
c/+'a/T'
6. : Description of land intended to be retained:r,i'lüåri.l t'Ð1'16 qß
Frontage '
Existing Use
38 , B2- *,oeptn *æ (1fzß nrea H# r*A
fzot, d-¿ n/ ,o I proposed use íZz,¡, c/t.^ú n,/
Number and use of buildings and structures on the land to be retained:
Englnærlng
450 Sunset Dr¡ve
SL lhomas, On N5R 5V1
Phone: 519 631-1460
W,elginrounty.on.€
I ho'a sø t?. , ocnf
Staff Report D2011-22 regarding "MacDonald Consents E54/11
& E55/11".
Page 81 of 313
7
I
-2-
Number of new lots proposed (not íncluding retained lots)+
Type of access for proposed and retained rot: (check appropriate space)
TYPE
Provincial Highwäy
Municipal road, maintained all year
Municipal road, seasonally maintained I N ( ):lfi'åiüï"' ñ/'' ()
()
Water accbss ( )
lf proposed access is by water, what boat docking and parking facilities are available on themainlánd? (specify)
9. What tyæ of water supply is proposed: (check appropriate space)
TYPE PROPOSED LOT
be available?
Publiclyownedand m ^ ( )
Privately owned and J\ I t )Privatelyownedand ,t'(
)
Lake or other water body
Other means (specifu)
()
10. what type of sewage disposar ís proposed: (check appropriate space)TYPE. PROPOSED LOT
Privy ( )
Other means (speciß7)
When willwater supply and sewage disposal
what is the Existing officiar pran designationls), if.any. of the suijeer ran6rtuo,ùji*l' -'
Flas the subject land ever been the s-ubject of an applíiation fo¡approval of a plan ofsubdivísion or a consent underthe eaínin! ncn' ' yes (Ø-"'ño r ) unksubdivísion or a consent un¿ertrè nã'nni;é'Ãt? ""Ë.'tö'"n'ìvo t I unknown ( )
lf Yes, and known, provide the application file number and the decision made on the application
lf this app-lication is a re-submission of a previous consent application, describe how it has beenchanged from the original applícation, '
.'iJ o
16. (a) Has the owner previously severed any land from this
13.
14.
15.
Yes()No(
"{
holding?
Staff Report D2011-22 regarding "MacDonald Consents E54/11
& E55/11".
Page 82 of 313
-3-
. (b) lf the answer to (a) is Yes, please indicate previous severances on the required sketch and
supply the following information for each lot severed:
Grantee's name
lr,/ / n
Relationship (if any) to owner
Use of parcel
Date parcelcreated
17. ls the owner, solicitor, or agent applying for additional consents on this holding simultraneously
with this application, or considering applying for additional consents in the future?
Yes t{l No ( )
18. ls the subject land cunently the subject of a proposed official plan or official plan amendment
that has been submitted to the Minister for approval?
Yes () No (4
lf Yes; and known, specifrT the Ministry file number and status of the application
19. ls the subject land cunently the subject of an application for a zoning byJaw amendment,. Ministe/s zoning order amendment, minor vfance, or apprwal of a plan of subdivisÍon?
Yes () No (ú
' lf Yes, and known, specifiT 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 Vl No ( )
21. ls the subject land within an area designated under any provincial plan or plans?
Yes()No(V)
' 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 boundaries and dimensions of the subject land, the part that is to be severed and the
part that is to be retained; ; ..-. : , . ,
'r
,
- the boundaries and dimensions of any lånd 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 opinion of the applicant may affect the application, such as
. buildings, railways, roads, watercourses, drainage.ditches, river or stream 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, indicating
. whether it is än unopened road allowance, a public travelled road, a private road or a right. ofway; .
- if access to the subject laird is by water only, the location of the parking and boat docking
.facilitiês to be used;
the.location and nature of any easement affecting the subject land.
Staff Report D2011-22 regarding "MacDonald Consents E54/11
& E55/11".
Page 83 of 313
ftrn/m-/o/u 4 J
*un$lA,PPL¡cAtoN FoR coNsENT s $ /1'11 rø
authority ELGIN COUNTY I-AND DIVISION COMMTTTEE
-lç ' fh
Address
Telêphone Number
Name of owne/s solicitor or authorized agent
Address t/.
Telephone Number
Please speciff to whom all communications should be sent '
,/
Owners (¡/) Solicitor ( ) Agent ( )
3. (a) Type and purpose of proposed transactioh: '(check appropriate space)
. Transfer: creation of a new lot Othen charge
addition to a lot
easement
lease
correction of title
(o)!31-eo¡o"diÏÏ"ï:.ndorinterestinland¡s-tqbetransferred,leasedor
charged:
IC Qo^ ç
(c) . lf a.lot addition, identify the lands to which the parcel will be added: :tr z Qç tz ¡
4. (a) Location of land:
Munícipatit¡ BAYtitø Goncession No.
Lot(s) No. p'r."f þr rc ulatt "l Éegistered ptan
Name of Street Cla lz Street No.fl1
(b) Are there any easements or restrictive covenants affecting the subject land?
Yes ( ) No ( ) lf Yes, describe the easement or covenànt and its effect:
Description fËff{to be severed: (Accurate Measurements in Metric)
.'Frontage oeptn 3oc.0 ^Area û"4f! ilu
Existing Use '.f,)Roseo use
Number and use of buildings and structures (both existing and proposed) on the.lanà to besevered:
Description of land intended to be retained: (Accurate Measuiêments in Metric)'Frontase , A8.82 oeptn lTE ,'lf Area _0, fû 56 un
Existing l)se '?-¿J,Ol t^7,of proposedUse fZ¿s, ,ltu--f ¡^ /
Number and use or o"l:"n"i:l:':',l"tl"#iïilbe retained:
Engheedng
450 Su¡set Drive
St Thomas,0n NSR 5V1
Phone: 5ß 631-1460
w.elg¡ruunty.on.@
Staff Report D2011-22 regarding "MacDonald Consents E54/11
& E55/11".
Page 84 of 313
7
8:
.-2-
Ñumberof new rots proposed (not incruding retained tots) æ
'Type of access for proposed and retained rot (check appropriate space)
9. What tyæ of water supply is proposed: (check appropriate space)
TYPE
Publicly owned an{.operated piped water system
PROPOSED LOT
Privately.owned.and operated individual well., o ¡ ¡ ¡
Privately owned and operated communal well/v/ fr
Lake or other water body
Other means (specify)
10. what type of sewage'disposar is proposed: (check appropriate space)
ry PRoPOsEp LoT
. Privy ( )
Ofher means (speciff)
11. ' When willwater supply and sewage disposal
12. what is the Existing officiar pran designation(s), if any, of the subject rand?
()
()
()
()
(í
( ).
()
()
be available?
14.
13. What is the Zoning, if any, of the subject land?
lî:"tll"T^fi"-1!1lg-,uyu.r been the s_q¡jeqt of aT apptication foryapprovat of a ptan of .
s u b ii'i. üä'" :ffi ;"Ài'"frî ü"" Èï"i;;'Ãff P 0
1' îä': i'll*o'î,ï' it î
t'
ir ;ln own ( )
lf Yes, and known, provide the file number and the decision made on the application
lf this application is.a reisubmission of a previous.consent application, describe how it has beenchanged from the original appli ;ation '. - "
Has the owner prêVíously severed.àny land irom this holding?
Yes ( ) No (t/)
15.
16.
Staff Report D2011-22 regarding "MacDonald Consents E54/11
& E55/11".
Page 85 of 313
17.
18.
-3-
(b) lf the answer to (a) ís Yes, please indicate previous seveÍances on the required sketch and
supply the following information for each lot severed:
Grantee's name
Relationship (if any) to owner
Use of parcel
Date parcelcreated
ls the owner, solicitor, or agent applying for additional consents on this holding simultraneously
with this'application, or considering applying for additional consents in the future?./Yes (V) No ( )
ls the subject land currently the subject of a proposed official plan or official plan amendment
that has been submitted to the Minister for apryoval?
Yed()No(ú
lf Yes, and known, specifo the Ministry file number and status of the application
19.
20.
21.
ls the subject land cunently the subject of an application for a zoning by-law amendment,
Ministe/s zoning order amendment, minor varynce, or approval of a plan of subdivision?
Yes ( ) No (V{
lf Yes., and known, speciff the appropriate file number and status of the application
ls the appli'cation consistent with policy statements issued under subsection 3(1) ,of the PlanningAct? ,/
Yes (f No()
ls the subject land within an area designated under any provincial plan or plans?
Yes ( ). No (V1
lf yes, does the application conform to or conflict with the applicable provincial plan or plans
SKETCH:
The application shall be accompanied by a sketch showing the following:
- the boundaries and dimensions of the sgþjçot,land, the part that is to be severed and the
part that is to be retained; i I c;..;;..,,.,,*.. .,,,., ,,.,.
- the boundaries and dimensions äf àriy iånd owned by the owner of the subject land and
that abuts the.subject land;
- the distance betwee¡i the subject land and the nearest township lot line or landmark, such
as a railway crossing or bridgä;
- the location of allland previously severed from the parcel originally acquired by the cunent
owner of the subject land;
l.fea d
ïil as
wetlands, wooded areas, well and septic tanks;
- ...the existing use(s) on adjacent lands;
- thç location, width and 4ame of any roads within or abutting the'subject land, indicating
whether it is an unopened road allowance, a publíc travelled road, aprivate road or a ñght
of q'ray;
.- if access to the subject land is by water only, the location of the parking and boat docking
facilities to be úsed;
- the locaiio¡ and nature of any easement affecting the subject land.
Staff Report D2011-22 regarding "MacDonald Consents E54/11
& E55/11".
Page 86 of 313
0 250m 500m
Scole 1 : 12,000
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MAP No. 2
Staff Report D2011-22 regarding "MacDonald Consents E54/11
& E55/11".
Page 87 of 313
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203-350 Oxford Street West
London ON N6H 1T3 Canada
tel 519 4727328
fax 5'f 9 4729354.
Memorandum
To/Aftention
From
Subject
Municipality of Bayham Date June 6, 2011
Tamara Tannis, MCP, MCIP/RPP Project No UU-510
Consent Applications 85411'l and E55/11
R Lt 10 West of Centre; 23 Centre Street, Menna
MacDonald
Purpose
To sever one property into three (3) parcels in the hamlet of Menna and convey two of these
parcels to two abutting lots and retain one of the parcels.
Subject Lands
The subject lands are designated'Mllage'in the Official Plan and zoned Mllage Residential(R1)
in the Zoning By-law No. 2456-2003. The subject parcel is located on the west side of Centre
Street in the Village of Vienna and north of Menna Line and Pearl Street.
The subject parcel to be severed has a lot frontage of 38.8 metres, a lot depth of approximately
202 metres and an area of approximately 1.6 ha.
Proposed Severance/Conveyan ce
Application E5/,I'll will sever an area of land that is 0.58 ha in area (approximately 23 m wide
and 144 m deep) from the subject parcel and convey it to lands identified as 'CT 68437'
(landowners: Hamilton) that is 0.127 ha in area. The total lot area willthen be 0.713 ha forthe
'CT 68437' parcel. This lot will retain its existing lot frontage of 22.86 m, but will increase its lot
depth from approximately 59 m to approximately 180 m.
Application E55l11will sever an area that is 0,543 ha in area (approximately 29 m wideby 202
m deep) from the subject parcel and convey it to lands identified as 'E388131' (landowners:
Cole) that is 0.1326 ha in area. The total lot area of the'E388131'parcelwill become 0.59 ha in
area. This lot will retain its lot frontage of 20.'12 m, but will increase its lot depth from
approximately 69 m to almost 200 m.
The resulting 'retained' lands will be 0.5956 ha in area with a lot frontage of 38.82 ha and an
approximate lot depth of 180 m.
IBI Group is a group of f¡rms provid¡ng profess¡onal services and ¡s df¡lieted with lBl Group Architects
Staff Report D2011-22 regarding "MacDonald Consents E54/11
& E55/11".
Page 89 of 313
lBl Group llemorandum
Municipality of Bayham - June 6, 2011
All of the parcels involved meet the R1 zoning requirements for lot area (800 m2); lot frontage
(20 m); and lot depth (40 m), although all lots will have irregular shapes.
Official Plan & Zoning By-law 2.456-2003
Section 8.7.7 of the Official Plan states that consents for "lot adjustments, lot additions, minor
boundary changes ... are permitted in any land use designation, provided the severed and
retained parcels comply with the other requirements of this Plan (and) the Zoning By-lau/'.
The subject conveyances and resulting parcel formations meet the R1 zoning requirements of
the Municipality Zoning By-law 2456-2003.
Gonclusion
The subject three parcels meet the requirements of the Official Plan and Zoning By-law.
Mm(is
IBIGROUP
Tamara Tannis, MCP, uclprRpp
Consulting Planner to Municipality of Bayham
Staff Report D2011-22 regarding "MacDonald Consents E54/11
& E55/11".
Page 90 of 313
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Planning Coordinator/Deputy Clerk
SUBJECT: Breedon Consents E56-58/l I
DATE: June 10,2011
FILE: DI0.11 Breedon
NUMBER: D20ll-23
Purpose
To consider three consent applications proposing creation of new lots in the Hamlet of
Richmond.
Background
Consent applications were received from the Elgin County Land Division Committee submitted
by Brian and Theresa Breedon proposing to sever three parcels:
856111 - 4874 m' (7.2 acre)
E57l11 - 1980 m2 70.49 acre¡
E58/1 | - 15637 m2 13.86 acres)
Retaining 36 hectares (88.3 acres)
The subject land is located on the north side of Heritage Line, west of Richmond Road in the
Hamlet of Richmond. The subject land is designated "Hamlets" and "Agriculture" in the Official
Plan and zoned Hamlet Residential (HR) and Agriculture (41) in the Zoning By-law No. 2456-
2003.
Elgin County Land Division Committee will consider the applications on J:uulre29,20ll.
Staff & Planner Comments
Application E56ll1 proposes to create a Hamlet Residential lot that complies with the HR zone
regulations; however, it creates a lot (retained lot) which does not meet the zoning requirements
for lot area or lot frontage of the HR (lands closest to Heritage Line) or Al (lands north of the HR
lands) Zones. It proposes 22 metres at the road to a depth of 15 metres then narrowing to 10.5-
metre laneway to access the rear farmlands. As referenced in the planner's report, the intent of
"lot frontage" regulations in the ZoningBy-law represent minimum lot widths rather than
provision of lands for vehicular access/egress as was interpreted by the applicant. Zontng
regulations regarding side yard width, rear and front yard setbacks supports this. Staff would
suggest realigning the westerly lot line to obtain the 22-metre width for the retained lands to
comply with the HR lot frontage zone regulations.
Application E57lll proposes a barn and shed will be removed. Application 858/11 proposes the
existing residence, garage, shed to remain. The proposed lots meet the zoning requirements of
the Hamlet Residential (HR) Zone and can be supported subject to conditions such as municipal
lot assessments to determine soil suitability for private septic systems, written conltrmation from
the County for access to County Road 38 and rezoning to remove the holding provision. Other
suggested conditions are included in the recoÍtmendation to Council.
Staff Report D2011-23 regarding "Breedon Consents E56-
58/11".
Page 91 of 313
Staff Report D20ll-22 MacDonald Page2
At the time of writing this report, no public comments have been received.
Attachments
l. Aerial Mapping
2. Consent Application E56lll
3. Consent ApplicationsB1Tlll and E58/11 (Page 1 and sketch only)
4. IBI Group memorandum dated June 6, 2011
Strategic Plan Goal(s)
Goal # 6 Provide and encourage attractive lifestyle choices.
Recommendation
"THAT Council recommend to the Elgin County Land Division Committee that Consent
Application 856/11, submitted by Brian and Theresa Breedon, not be supported as
presented as it does not comply with the municipal zoning by-law;
AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Applications E57l11 and 858/11, submitted by Brian and Theresa Breedon, be
granted with each application subject to the following conditions:
1. copy of the final survey be provided to the municipality
2. $500 cash-in-lieu parkland dedication fee payable to the municipality
3. municipal lot assessments subject to municipal approval
4. grading plan for the entire lands subject to municipal approval
5. water quantity testing report subject to provincial standards
6. water quality testing report for nitrates and bacteria content subject to provincial
standards
7. County of Elgin confirmation of permitted access to County Road 38
8. rezoning to remove the "holding" provision subject to Conditions 3-7 being
satisfied
Respectfully submitted,
Staff Report D2011-23 regarding "Breedon Consents E56-
58/11".
Page 92 of 313
Breedo Conse ts 4l
14 Her¡tage Line, Richmond
Legend
Local
Arterial
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¡ Parcels
1: 3,053
o2 0 0.08 0.2 Kilometers,l
O Latitude Geographics Group Ltd
This map is a user generated stat¡c output from an lnternet mappìng site and
is for reference only Data layers that appear on this map may or may not be
accurale, current, or otheMise reliable
THIS fu1AP IS NOT TO BE USED FOR NAVIGATION
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ry6¡e1o$aþ$lovat ELGIN COUNTY LAND DIVISION COMMITTEE
Telephone Number
Name of owner's solicitor or authorized agent
Address
Telephone Number
Please specify to whom all communications should be sent:
Owners (,-J- Solicitor ( )Agent ( )
(a) Type and purpose of proposed transaction: (check appropriate space)
Transfer: \/' - creation of a new lot Other: charge
addition to a lot
easement correction of title
other purpose
fitYorrucAroN FoR coNSE*, F..,*
"6 6lttl'11 T
lease
(b) Name of person(s), if known, to whom land or interest in land is to be transfened, leased or
(c) If a lot addition, identify the lands to which the parcel will be added:
charged:
4. (a)Location of land:
Municipatity concession N" Uó¡+J. of+jl"dirq
Lot(s) No. Vqff ,"( lt | - Registered ptan No.
Name of stt*t f.,ì¿.rrlaúe [^f n¿ street No.
(b) Are there any easementsór restrictive covenants affecting the subject land?
Yes ( ) l¡o ( r,f lf Yes, describe the easement or covenant and its effect:
5. Description of lqnd inte4ded to be severed: (Accurate Measurements in Metric)' t .^rre¡crt¡.\at--!¡^flsæ{(Ll6r-Frontage , tr Depth 38ñ
Exísting us" Vacant Proposed Use
Number and use of buildings and structures (both existing and
severed:
6. Description of land intended to be retained: (Accu;fg $easurements in Metric) Z1 ,1b
Frontage Area æ +4"-c+.
Existing Use
Number and
a l-kønitW Proposed Use" J!t{l-el?24
use of buildings and strucYures on the land to be retained:
Area ¿-ffi1?
land to be
Engínee¡lng
450 Sunset Drive
St Thomas,0n NsR 5V1
Phone: 519 631-1460
M.elg¡neunty.on,æ
.t¡¡ bo È*oi"4
l'
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-2-7. Number or new tots proposed (not inctudins retained tots) _l_4 I ofS dç A¿ f .ed
8. ' Type of access for proposed and retained lot (check appropriate space)
()
It plo,pot"^d access-is by water, what boat docking and parking facilities. are available on themainland? (specifr7)
9. What typ'e of water supply is proposed: (check appropriate space)
Municipal road, seasonally maintained
Other public road
Right Of Way
Water access
ryPE
Publicly owned and operated piped water system
Privately owned and operated individualwell
Privately owned and operated communalwell
Lake or other water body
Other means (speciff)
PROPOSED LOT
()
6/f
()
()
()
TYPE
Provincial Highway
Municipal road, maintained all year
10.
PROPOSED LOT
()
t+/l
()
()
RETAINED LOT
()
(r4
()
()
(
(
(
(
( rt{
()
()
What type of sewage disposal is proposed: (check appropriate space)
TYPE PROPOSEDLOT
Publicly owned and operated sanitary sewage
system
Privately owned and operated individual septic
tank
Privatefy owned'and operated communal septic
system
Privy
Other means (specify)
)
)
11.
12.What is the,Existing Official plan designation(s),
.-1
J)
when willwater suppry and sewage disposal services be avairable?
if any, of.the subject land?
13. What is the Zoning, if any, of the subject land?
14.!":11,q subject land ever been the subject of an application for approval of aplan ofsubdivision oraconsentunderthe ptahningAct?'' véj f )--- ñ;' ã4'-üilnown 1 ¡
If Yes, and known, provide the application file number and the decision made on the application
l5' If.this application is a re-submission of a previous consent appiication, describe how it has beenchanged from the original application
(a) Has the owner previously severed any land
Yes()
from this holding?
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-3-
(b) lf the answer to (a) is Yes, please indicate previous severances on the required sketch and
supply the following information for each lot severed:
Grantee's name
Relationship (if any) to owner
Use of parcel
Date parcelcreated
17. ls the owner, solicitor, or agent applying for additional consents on this holding simultaneously
with this application, oi considering applying for additional consents in the future?
Yes Vf No ()
18. ls the subject land cunently the subject of a proposed official plan or official plan amendment
that has been submitted to the Minister for approval?
Yes () No çl
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 byJaw amendment,
MinisteÉs zoning order amendment, minor variance, or approval of a plan of subdivision?
Yes () No V'f
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
No (dAct?yes (l
21. ls the subject land within an area designated under any provincial plan or plans?
Yes()No \Á
lf yes, does the application conform to or conflict with the applicable provincial plan or plans
22. SKETCH:' The applícation shall be accompanied by a sketch showing the following:
- the boundaries 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 seúered from the parcel originally acquired by the current
owner of the subject land;
- the approximate location of all natural and artificialfeatures on the subject land and
adjacent lands that in the oþinion of the applicant may affect the appliCation, such as
buildings, railways, roads, watercourses, drainage ditches, river or stream 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, indicating
whether it is an unopened road allowance, a public travelled road, a private road or a fight
ofway;
- ¡f access to the subject land is by water only, the location of the parking and boat docking
facilities to be used;
- the location and nature of any easement affecting the subject land.
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-4-
23. The Owner/ApplicanUAgent hereby authorizes Land Division Committee members and the- Gorporation of the._County of Elgin staff to enter onto the subject property for the purfose ofSite inspections with respect to this application.
24. 'lhe ApplicanUOwner/Agent here d in thisApplication pursuant to Section to provide
for Freedom of lnformation and LocalBoards.
0
Dated atthe ï1o¡, ryrJ of
tni" 6W day of
AFFIDAVIT OR SWORN DECLARATION
solemnly declare that allthe information contained in this application is true, and lM/e make thissolemn declaration cons_cientiously believing it to be true, an'd knowing that it is of the same force andeffect as if made under oath and by virtue ot tne cRl,¡RdR Evloeruce ncr.
DECLARED before me at the
in the
20ll
*"1.P
lf this application is tor on
authorization must ffthe agentor solicitor, the app n offic , mustbe affixed.
It is required that one copy of this application be-filed, together with one copy of ttre sketch descríbed,with the responsible person, accompanied by a fee of - -
$750.00 in cash or by cheque made payabte to TREASURER, couNry oF ELGTN
An additional fee of 9250.00 will be charged for affixing the consent stamp.
STGNATURE OF AppLtcANT(S), SOL|CITOR OR
Ñ f cot,
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APPENDIX "A'
The County of Elgin Land Division Committee requires that, in addition to the "Application for Consent", the
'following information be completed for all applications:
L Are there any bams locqted within 300 metres of the subject of this application?Yes() No(,4
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: lfyou answered "YES" to #1. PLEASE COMPLETE THE DATA SHEET BELOW
TO BE COMPLETED
BYAPPLICANT
AGRICULTURAL CODE OF PRACTICE FORMUI.A ONE DATA SHEET TO
GALCUI-ATE THE MINIMUM DISTANCE SEPARATION REQUIREMENTS
FOR NON.FARM USES ESTABLISHING OR EXPANDING IN CLOSE
PROXIMITY TO EXISTING LIVESTOCK BUILDINGS
ln order to calcfilate the minimum distance separation, the following information is required for each livestock
facility within 300 metres of the proposed severance and located on a separate loÍ
NI,AME TELEPHONE
TOWNSHIP LOT coNc.
T|LI-ABLE HECTARES (where livestock facitity tocated)
Type of Livestock Maximum Housing Capacity
Number per Year
Man ure Systr )m Housing System
check type
IDAIRYlo cowslo Heifers
lo catves
Tie
Stall
Free
Stall
Loose
BEEF0 Cows0 Calves0 Feeders0 40G.7s0 tb.0 400-1100 tb.0 750-1100 tb.
Open llc
& Barn
Total
Confine-
ment
SWlNE0 Sows0 Boars0 Weanlings
0 Feeders
POULTRY0 Laying Hens0 Breeder Flock0 Pullets0 Chicken Broilers0 Turkey Broilers0 Turkey Hens0 Turkey Toms0 Roasters
MINK - Females
Caged On Floor
HORSES
Sl{trFP - Pqmc P, Frr¡aa
RABBITS
VEAL CALVES
OTHER
MÂNTIRtr .qTôPA¡1tr.
DRY
SEMISOLID
LIQUID
Open Pile
Open Pile
Covered Tank
Covered Pile
Storage with Buck Walls
Open Earth Sided Pit
Above Grouno uñGã'Ta-nt
Below Ground Uncovered Tank
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AREAS
AREA 6 PARI I:
AREA OF PTRT 2i
AREA f PARÎ *ARE fPARCEL tAcREr)
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Staff Report D2011-23 regarding "Breedon Consents E56-
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@ :5Y rtl :
APPLICAT¡ON FOR CONSENT
Address
Telephone Number
Name of owne/s solicitor or authorized agent
Address
Telephone Number
Please spec¡ty to whom all communications should be sent:
own rs çy' soticitor ( )Agent ( )
3. (a) Type and purpose of proposed transactioh: (check appropriate space)
Transfer: creation of a new lot Other: charge' leaseaddition to a lot
easement
other purpose
(b) Name of person(s), if known, to whom land or interest ín land is to be transferred, leased or
charged:
tltnkn or;^ A *lì"y hn,v:
(c) lf a lot addition, identify the lands to which the parcel will be added:
4. (a) Location of land:
correction of title
Municipality Qal Jrayra . Concession ruo.-[/
Lot(s) No. (à't ¡! itt Resistered ptan No.
No',lt^ #nti+ U
Name of Street llLfi Street No.
Are there any easements ór restrictive covenants affecting the subject land?
Yes ( ) No kl lf Yes, describe the easement or covenänt and its effect:
5. Description of land intended to be severed: (Accurate Measurements in Mehic)
h
(b)
Frontage
Existing Use
severed:
oeptn Q0 Wl
Proposed Use
6.
iþ,n d sh¿,t lrn>1k l" ç* ,t^¿w{ _
Proposed Use
E¡giree1¡ıg
450 Suñt Drive
SLThomas,On NsRSV1
Phone: 519 631-1460
ww.elgin€unty.on.æ
Description of land intended to bê retained: (Accurqtçffe4purements
Frontase %t . \Lg¡¡t oeptn .Æ ñ Vyaul¿
Existins u"" Lo*tfu*ha!- Þ{alt
+
Staff Report D2011-23 regarding "Breedon Consents E56-
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Page 100 of 313
ånEAS ¡t(EËt m _tEÁltcE
AREA oF PARf I:
AREA OF PARÎ Z
AREA OF PARI &
AREA OF PARCE. I ACRES)odfi¡l ç ECt
ñ -,*rÍ,Esr/Ð
RXì -*p^RcE roG¡Er¡rro
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it
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Staff Report D2011-23 regarding "Breedon Consents E56-
58/11".
Page 101 of 313
@
Telephone Number
Name of owner's sol¡citor or authorized agent
Address
Telephone Number
Please specify to whom all communications should be sent:
Owners ( .e/ Solicitor ( )Agent ( )
3. (a) Type and purpose ofproposed transaction: (check appropriate space)
addition to a lot
easement
Other: charge
lease
co¡rection of title
other purpose
(b) Name of percon(s), if known, to whom land or interest in land is to be transferred, leased or
charged:
-tl^be" a alttc hw,t
(c) lf a lot addition, identify the lands to which the parcel will be added:
Transfer: creation of a new lot
MAY 1 E 2tI11
Name'of approval
Address
4. (a)
concession N".
^lð4,h
É-'fAlb/-U
Registered Plan No.
Name of street l-tøVt7a{z l¿ rti, Street No.
(b) Are there any easements or restrictive covenants affecting the subject land?
Yes ( ) No ( Vl lf Yes, describe the easement or covenant and its effect:
5. Description of land intended to be severed: (Accurate Measurements in Metric)
Existins u"" 9 ryW*Åilgdt útL proposed u"3 s'16{r A @ú
Number and usJof buildings and structures (both existing and proposea¡ ln tne land to be
severed:
6. Descriptionöf land intended to be in Metric)Fl,r^¿rt=ru
Frontage
Existing Use Proposed Use
Number and use of buildings and struètdres on the land to be retained:
Depth
County of Elgln
Eng¡neering Sery¡ceg
450 Sunset Drive
St. thomas, 0n NsR 5V1
Phone: 519- 631-1460
w.elgin€unty.on.€
t
Staff Report D2011-23 regarding "Breedon Consents E56-
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Staff Report D2011-23 regarding "Breedon Consents E56-
58/11".
Page 103 of 313
þmotJ
frl or D¿on*,,",.,-T-o Sc4qr-á
?,tf--o"-ca¿ Orucf
MUNICIPALITY OT BAYHAM
SCHEDULE 'E'
MAP 30
tüAP 38
0 100m 2OOm
Scole 1 : 5000
HR(h) I
M2 HR(h)
Staff Report D2011-23 regarding "Breedon Consents E56-
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l8l Group
203-350 Oxfo¡d Sheet West
LondonON N6H lT3 Canada
tel 5194727328
f¿x 519 47293il
Memorandum
To/Attention
From
Subject
Municipality of Bayham Date June 6, 20ll
Tamara Tannis, MCP, MCIP/RPP Proiect No 3404-509
Applications for Conser¡t (E56/11 to E58/11)
Heritaç Line, Richmond
Breedon
Purpose
To sever and create four residentÍal bts from a parcel of land bcated on the north side of
Heritaç Line, west of Richmond Road, in the Hamlet of Richmond.
Subject Lands
The subject lands are designated'Hamlets" and "Agriculture" in the Official Plan and zoned
Hamlet Residential Holding (HR+) and Agrbultural (Af ) in Zoning ByJaw No.245ê2003.
The lands to be severed are approximately 2.25 ha in area wtrile the retained farm land will be
approximately 36 ha in area.
The three consent applications propose the following lot dimensions:
The consent applications are unclear regarding whicfr lands are being 'retained':
r AppticatÍon E56/11 states that the retained parcel wilf have a 150 m lot frontaç, a lot
depth of 903.8 m and a lot area of 37.76 ha. lt will contain the existing dwelling unit, a
garage, 2 sheds, as well as a bam and a shed that will be removed.
o Application F:57111 states that the retained parcel will contain the dwelling unit, a garage
and 2 sheds. The retained lot will have a 128 m lot frontage (22 m shorterthan E56/11
states), a lot depth of 904 m and an area of 37.6 ha.
E56/fi
E57 111
E58rlt
lBl crdrp b a group of firms providíng professional services ard is aff¡liated with lBl Group Architects
Staff Report D2011-23 regarding "Breedon Consents E56-
58/11".
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lBl Group llemorandum
Munic¡pality of Bayham - June 6, æ11
o Application E58/11 states that the retained parcel w¡ll have a 22 m lot frontage, a lot
depth of 1,051 m and a lot area of 36 ha. ln this application the severed lands will have
a lot frontage of 106 m, a lot depth of 91 m, and a lot area of 15, 637 m2. The severed
lands contain a dwelling unit, a garage and 2 sheds that will remain.
Site Context
A portion of the subject lands are situated within the hamlet of Richmond, while the majority of
the land is located within the agricultural area north of the hamlet.
To the wesl and abutting the subject property, are lands zoned lnstitutional that contain a
cemetery. To the south, across Heritrage Line, are single detached dwellings that are zoned
Hamlet Residential (HR). To the east are properties zoned Hamlet Residential (HR)- To the
north, are agricultural lands that are zoned Agricuttural (41).
OfficialPlan
Section 4.3.2.5.6 of the Official Plan states that consents will generally be discouraged and will
only be granted when it is clearly not in the interest that a plan of subdivision be registered.
OVên ttrat only three lots are proposed within the hamlet boundary area and one residential lot
is proposed in the agricultural lands to the north of lhe hamlet, consents are subject to the
Official Plan's c¡nsents criteria as follows:
4.3.2-5.6
a. lmoact to municioal servicino: The proposed severed lots would be individually serviced
aø not require any extension of municipal infrastructure servicing. The Municipality shall
ensure thai any other existing or proposed municipal services (including garbage pick-up,
storm and surface drainage, roads, sídewalks, and street lighting) are adeqúate to serve
the proposed development.
b. Frontaqe on a oublic road: The three lots have legal frontage and access to Heritage
t-¡ne, a paved County Road. The fourth retained tot does not meet the minimum lot
frontagè requirements of the HR zone or the A1 zone (see below Zoning By-law section).
c. lnfillino: 'consenfs should have the effect of infîlling in existing developed areas and not of
extending the Hamtet area unduty." The proposed severed lands fulfill the aspect of
'infilling' ás they are directly opposite existing residential development on the south side of
Heritaç Line and located within the boundary of the hamlet. The retained land extends
the Hamlet area unduly by way of proposing the construction of a new dwelling unit on an
Agriculture (Al ) zoned parcel with access to the public road by way of a proþsed 10.5
mêtre alleyway between a proposed residential use on the east side and the lnstitutional
use on the west side. The A1 zone also permits a supplementary dwelling unit. The A1
'ret¡ained' parcel is not within the boundary of the hamlet of Richmond.
d. Aporopriate size for orooosed use of Iands: The three proposed severed lots exceed the
m¡n¡rnum required lot area of 1390m2 in the HR zone, but the fourth does not meet the
minimum tot frontage regulations of the A1 zone. The Municipality should have the
applicants confirm that the two lot areas (Severance Sketch: Parts 2 and 3) are suitable
forindividual potable water and sanitary servicing gíven the soil conditions in the local
area.
e. Access via internal roads: There are no existing or long-term internal roads planned for
this area of the Hamlet of Richmond.
Staff Report D2011-23 regarding "Breedon Consents E56-
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l8l Group llemorandum
Mun¡c¡pality of Bayùam - June 6, 2011
Traffic Hazards: There would not appear to be any trafüc hazards created by the creation
of four new driveways along this portion of Heritage Line (a County Road) given the
number of existing driveways in the vicinity. However, the Gounty will confirm this to be
the case as part of the consent process.
Access to interior lands: The consents propose separate lot frontages along Heritage
Line ranging between 22 and 106 mete widths. The nanowest frontage of 22 m, the
'retained lands', narrows to 10.5 metes to provide access to the interior agriculture lands
zoned A1 which requires a minimum lotfrontage of 150 m
Consents for mortoaqe. estate and boundarv adiustments: This policy is not relevant to
this application.
Zoning ByJaw
The Hamlet ResidentialZone (HR) requires a minimum lot area of 1390 m" and a minimum lot
frontage of 22 metres where no potable water/sanitary sewage servicing is provided- The
Agricultural (41) zone requires a minimum lot area of 20 ha and a minimum lot frontage of 150
m. The A1 zone permits one new single detached dwelling on a vacant lot subject to all other
applicable regulations of the ByJaw, as well as one supplementary farm dwelling to the farm
operation-
Two of the proposed severed lots (E57l11; E58/11) meet the zoning requirements of the Hamlet
Residential (HR)zone.
Although the severed lot irientified on E56/11 meets the zoning requirements, it creates a lot (the
'retained lot') which does not meet the zoning requirements of the Al zone. Because the
majority of the retained lands are zoned A1, the Al regulations apply. The minimum lot frontage
on a public roadway for the A1 zone is 150 m. Section 4.1 8 Street Frontage of Building Lots
applies: "no person shall erect a building..., unless the lot or parcel to be so used-.. abuts or
fronts on a public street or public road, and is maintained by such authority." The intent of 'bt
frontage' regulations in Zoning ByJaw represent minimum lot widths rather than provísion of
lands for vehicular accessi/egress as has been inteçreted by the applicant. The ruling is implicit
rather than explicit. The side yard width regulations provide support for this interpretation. The
A1 sideyard width is 3 metres, while the front yard setback is 15 m.
Conclusion
Based on the review of the Official Plan policies and Zoning By-law regulations the consents to
sever E57l11 (Parl2 on severance sketch) and E58/11 (Part 3 on severance sketch) are
acceptable subject to the following:
a. W¡itten confirmation from the Municipality that the proposed lot sizes are suitable for
on-site servicing gíven soil conditions in the area;
b. Written confirmation from the County Engineer that development of the retained lands
for agricultural and residential purposes will not create any traffic hazards on Heritage
Line;and
c. Written confirmation from he County Engineer that there is sufficient loi width on the
'retained' farm lands for vehicular acc€ss from Heritage Line to the 36 ha of farm land
north of the severed parcels.
f.
g.
h_
Staff Report D2011-23 regarding "Breedon Consents E56-
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l8l Group llemorandum
Municipafity of Bayôam - June 6, 201 I
The lands will be subject to rezoning to remove the holding provision from those lands that are
zoned Hamlet Residential Holding (HR-h) within the hamlet of Richmond once confirmation is
provided that the lot areas are sufficient for on-site servicing.
The consent to sever E56/11 (Part I on Plan) cannot be approved, as the 'retained' parcel will
not meet the lot frontage regulations of either the HR or A1 zones.
¡BI GROUP
Tamara Tannis, MCP, McIP/RPP
Consulting Planner to Municipality of Bayham
Staff Report D2011-23 regarding "Breedon Consents E56-
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CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Planning Coordinator/Deputy Clerk
SUBJECT: Soreny Farms Consent E{llll
DATE: June l0,20ll
FILE: D10.11 Soreny Farms
NUMBER:D20ll-24
Purpose
To consider a consent application for the creation of a new lot in the Village of Straffordville.
Background
A consent application was received from the Elgin County Land Division Committee submitted
by Soreny Farms Limited to sever a parcel 0.72hectare (1.8 acre) and retain a 60.7 hectare (150
acre) parcel. The subject land is located on the north side of Third Street road allowance at the
corner of Elgin Süeet, west of Plank Road in the Village of Straffordville. The subject land is
designated "Residential" in the Official Plan and zonedVillage Residential-Holding (Rl-h) in the
Zomng ByJaw No. 2456-2003 .
Elgtn County Land Division Committee will consider the application on Jrne29,20Il.
The owner is proposing to sever a parcel for the purpose of hansferring ownership to the
Straffordville Evangelical Mennonite Church to construct a church.
Staff & Planner Comments
The entire subject lands are identified as part of Registered Plan 205 inthe village of
Straffordville. The owner proposes consolidating several "lots" with the "Elgin Street" road
allowance north of Third Street to create one building lot. Staff and the planner have reviewed
the application and have concerns with the proposal.
The planner's memo explains that street allowances on registered plans are designed and intended
for future development as streets. She further explains that to approve the consolidation of lots
and street allowances, a Registered Plan must be deemed as not a registered plan by passing a
By-law. Records show this has not been done to Plan 205.
Legal opinion was obtained from the municipal solicitor and his findings support the opinion of
staff and the planner. Streets set out on registered plans are dedicated at the time of registration
as "highways". Street allowances belong to the municþality and would have to be closed by by-
law before it could be used for any other purpose than as a "highway''. The "Elgin Street"
allowance cannot be incorporated into this consent application.
Staff recommends the application be amended to exclude street allowances. A future suitable
application would require conditions that may include a Development Agreement for the
development of Third Street to provide the required25 metres frontage for the proposed
Institutional use, proof of potable water, a grading plan, storm water management plan and
Staff Report D2011-24 regarding "Soreny Farms Consent
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Page 109 of 313
StaffReport D2011-20 Soreny Farms Page2
municipal drain connection, $500 parkland dedication fee, final survey, Road Access permit and
rezoning to remove the "holding" provision. The parcel is serviced with a sanitary sewer stub to
the property line installed in2002.
Attachments
1. Aerial map
2. Consent ApplicationB4Tlll
3. IBI Merno dated lllay26,20Il
Strategic Plan Goal(s)
Goal # 6 Provide and encourage attractive lifestyle choices.
RECOMMENDATION
*TIIAT Council recommend to the Elgin County Land Division Committee that consent
application ß,41111, submitted by Soreny Farms Limited, be amended and resubmitted for
consideration.tt
Staff Report D2011-24 regarding "Soreny Farms Consent
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liunlo+rli¡¡ otfuvhyn Soreny Farms Limited Consent E41 I 11
,ftr
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Notes
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ElgrnCoun ty *pucAnoN FoR coNsENr
4 L*tlt'
'1. Name'of approval authority
2. NameofOwner
Address Å ê;b=.o
Telephone Number
Addtess
Telephone Number' ,,.,,,,r ,é,
Please speciff to whorn all communirations should be sent
Agent rS
ban"sadion: (check appropdate space)
Transfen sealbn of a new lot Other charge
. .. .additionbakÉ lease
easement conec.tion of tiüe
drerpuçose
(b) Name of person(s), if known, to wtrom lard or interest in lard is to be ùansfened, leased or
charged:
(c) lf a lot addition, identiff üre hnds b vutrieJr ü¡e pãrcel will be added:
Goncession no.3 loJ tr
Lot(s) No.Plan No. &o{ .
Name of ó4,sueet t¡o.
(b) Ars here any correnants afiec{ing he subject land?
ot¡rneÆ (X) soticibr ( )
G)'lfipeand purpose of proposec
l,&to
Yes( ) No(þ lf Yes, describe lhe easement or covenant and iF efrect:
5. Descriptioh of land intended to be senrercd: (Acarate Measuæmenß in Metic)
Fronhge , F*) oeptt ,9ét -os(8t.o1,)Nu yo=-
Existing Uæ t*lnCìrelfr!.r- / _ -, proposed Use . . 1./ ^.y'J./:-kl¿no /
Ngmberand *éliUu¡t¿¡ngs and str¡dr,¡res (boür oristing and proposed) on ü¡e tand to besevered:
6. Descñption of land intended to be retained: (Accurate t{gggrlç.ryrecb in Metric)
Frontase / í/ ,eô_(:":'tÈ"o* ;;;"ÅtfiP') A,e^ &_
Þtisting Use
450 Sunslt ttiE
SÌlhomas,0n NSR5V1
Phom:51963114610wwdlitffty,o,o
Name of ou¡nels solicitor or authorized agent
and str¡cù.¡res on ü¡e hnd to be reÞirÉ:Nurnber and use
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7.
8.
-2-
Number of new lots proposed (not inctuding rehined lots)€
Type of access for propased and rehined lot (check appropriate space)
TYPE
Provincial Highway
Municipal road, maintrained allyear '
Municipal road, seasonally maintained
Other public rcad
RightOf Way
Water access
ft n¡o.nos.e-c access-is by water, what boat docking and pârking faciri[es.are ar¡airabre on themainland? (speciff)
9; What tyæ of water supply is proposed: (check appropriate space)
TYPE
Publicly owned and operated piped water syctem
Pdvately owned and operated i¡idfuidualwell
Privately owned and operated communal well
Lake or otherwater body
Other means (speoit)
PRO?O.SED_LOT
()
(yl
()
()
RETAINED LOT
()
()
Whattype of seuage disposalis proposed: (check appropriate space)TYPE PROPOSEDLOT
Pulncly ovyned and openated sanihry sewage
system
Privately ov,ned and operabd indMduatseptic
tank
Pdvately owned and operated communalseptic
system
Pdvy
Oher means. (speciff)
11. lM¡en will water suppry and sewage disposar seMces be avaitabre?
(y)
()
()
()
()
()
12.if an¡ ofthe subject land?
lf this application is a rèsubmlssion of a prevtous consent application, describe how it has beenchanged from the original applicalÍon
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-3-
(b) lf the ánswer to (a) is Yes, please indicate previous severances on the required sketch and
supply the following information for each lot severed:
Grantee's name
Relationship (if any) to orryner
Use of parcel lir- k^l.l
Date parcel created .,. . . JaaA ..
17. ls the owner, solícitor, or agent applying for additional consents on this holding simultaneously. with this application, or eonsideríng applying for additional consenb in the future?
Yes (V)No ()
18. ls the subject land cunently the subject of a proposed ofñcial plan or official plan amendment
that has been submitted to the Minister for approval?
Yes ()No (y,)
lf Yes, and known, speciff the Ministry file number and status of the application
19. ls the subject land cunenüy the subject of an application for a zoning by-law amendment,
Min'ste¡'s zoning order amendment, mínor variance, or approval of a plan of subdivision?
Yes ()No V)
lf Yes, and known, speciff the appropriate file number and status of the application
20. ls the
ACû
application consistent wiüt policy statemenb issued under subsection 3(1) ,of the Planning
No()
wit¡in an area designated under any provincial plan or plans?
No V)
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 boundaries and dimensions of the subject land, the part that is to be severed and thepart fiat ís to be retained;
- fie boundaries and dimensions of any iand orned by the owner of the subject tand andthat abuts the subject land;
- the distance betu¡een the subject tand and the nearest township lot line or landmark, such
as a railway crossing or bridge;
- the location sf all land previously severed from the parcel originally acquired by the cunent
of the subject t"noi,
"ll.n"*rar
and arrificiar,features on the subject rand and
opinion of the applicant may affect the applícation, such as
weuands, wooded "r""",'nä1l3tnï:fr"ri#jå?se
ditches' riverorstream banks,
- the existing use(s) on adjacenilands;
- the location, width and name of any roads within or abutting the subject land, indicatingwhether it is an unopened road allówance, a public traveilù roao, iprvatá io"o ðiääghtof wa¡4
- if access to the subject land is by water onty, the location of ttre parking and boat docking
facilities to be used;
- the location and nature of any easement affecting the subject land.
Yes W
ls the subject land
Yes()
2't.
Staff Report D2011-24 regarding "Soreny Farms Consent
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-4-
23, The Owner/Appli,cant/Agent hereby authorizes Land Dþision Commlüee membeæ and the
C-orporation of the County of Flgll staff to enter onto tre subjed property for the purpose ofSite inspections with respect to this appli rtion.
24. TheAp d Ìn thís
for lo provide
Boards. Local
--íDatedatthe /ò Ò/)2trt
útrct
ofthe
-
ln the County of
in the
solemnly. declare that all tha informalion contained ln this applicaüon is tue, and lpe make thissolemn declaration conscienliousþ believing-it t ¡J tuà, áã ffiUvÌö tiat ft ls of the same force andefiect as ir made under oarh ano Éy virt¡è "id'' ıá¡AöÀEviöÉñöËicr.
DECIjRED before me atthe__l'\u) n of
souctToR oB AUTHORTZED AGENTfrBt ø nLL
¿^v o¡ ftla.J
ne¡rs
wÌthout agent
l, if any, must
It is required that one copy of fris application befled, togetherwiür one copy of the sketch described,with the responsible peréón, accomþãnU ¡yã fee ot_
$750.00 in .cash or b¡¡chequé madé payabre to TREASURER, couNTy oF ELcrN
An add¡Tonal feb of 02s0,00 r,úifl be charged for: affrxing the consent stâmp. :
Staff Report D2011-24 regarding "Soreny Farms Consent
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The County of Elgin Land Division Committee requires that, in addîtion to the Applícation for Consenf, the
following informatlon be completed for all applications:
1. Are there any bams located within 300 metes of the qrbjed of this application?Yes() NoM)
lf the answer is YESIr are these barns:i) Now used for livestocld Yes ( ) No ( )¡D Capable of being used for livestocl(? Yes ( ) No ( )
NOTE: lf you ansrvered "YES" to #1. PLEASIE GOMPLETE THE DATA SHEET BELOW
APPENDD(gÆ'
TOBE.GOMPLEIEI}
BYAPPLIG.AIÙr
NAME TELEPHONE
TOWNSHlP LOT coNc.
TILLABLE HECTARES (wtrere livestod< facility located)
ln order to calct¡late the minimum distance separation, the following information is required for each livestock
facility withln 300 metres of the proposed severance and located on a separate lot:
Ma,rimum Housing Gapacfty
Number perYear
Housing System
check type
0 400-750 tb.
SWINE0 Souls0 Boars0 Weanlings
0 l-aying Hens0 Breeder Floc*0 Pullets
Chicken Broilers
Turkey Broilers
Turkey Hens0 Turkey Toms0 Roasters
Open Lot ¡ ïotal
& Bam I Confine-
Caged , On Floor
Covered Pile
Storage with Buck Walls
Open Earth Sided pit
Staff Report D2011-24 regarding "Soreny Farms Consent
E41/11".
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AUTHORlzANON
(Please see note below)
To: Secretary-Treasurer
Land Dlvision Commitee
Coryoralion of the Gounty of Elgin
Desuiption and Location of Subject l¡nds:
th
ì ro('nuf
+S/
'ao4,/-
,,,^^tfl{k(!,i,g#iht{il,#r*"r ry rrcn¡r än appilErr¡on on my Dena¡f tt the County of Bgin
ßl 3?ff?l "" nry_behatf. ar any hearing(s) or u¡ã aóp¡rcat-on;
tr) provldeany ir¡formatlon or msbdal required Uyùre t-anO'appliølion.
and
Divísion Gommiüee relevant to the
oateaatte ,í,-/¿,at n ___ . oî --a 3 .
tt'i' ¿Q/<Ê d^vxw2orl
-.føfcttvw
Please Print Names in Block Letters Belorv Sþnahrres
il!:i":iå]:"rm is onlv to be used for applications, whidr are to be sisned by someone other than
Qrecf q,
Staff Report D2011-24 regarding "Soreny Farms Consent
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S.v¿c.J Lol
(Sea Slc--Lek i
¿\ti âøtea.¡lãeæ-o*"_¿e.,jI--
mR¿'loin./ Po"..l
Pcn-v i o*t5
!'¿1¡¿çanê?-'
lë *4 l /1Eib ,=Jon.u5 ì'' f{<.}.;-
To 4o"*rl 4" ln.l ol,u),ìoh \ ,sov?Ñol. *o Se^(q
@'"*
Mar 14, 2011
0 6lt tlo ¡S 2A 3i¡5 390 nûËffi
cmdld usftg plans and dmnn€nts
pr¡rpoûes only. Ttrb ts nda plan dsurwy.
Staff Report D2011-24 regarding "Soreny Farms Consent
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I
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Staff Report D2011-24 regarding "Soreny Farms Consent
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lBl Group
203-350 Oxford Street West
London ON N6H lT3 Canada
519 4727328
519 47293il
tel
fax
Memorandum
To/Attention
From
Subject
Municipalþ of Bayham
Tama¡a Tannis, MCP, MCIPIRPP
Date
Project No
May26,2011
3404-505
Soreny Farms: Consent Application No. E4llll
Lots 14, 15, 16, N/S Third Street, Registered Plan 205
Lots 18, 19,20, S/S Fourth StreeÇ Registered Plan 205
Straffordville
Purpose
The landowners have applied to sever a 7 ,284 m2 parcel of land from a 6l ha parcel located on the north
side of Third Steet in the village of Straffordville.
The subject lands are designated Residential in the Municipality of Bayham Official Plan and are zoned
Village Residential Holding (Rl-h), Schedule 'F', Map No. l, in the Municipality of 7-onngByJaw
2456-2003. The Rl zone requires ¿ minimul¡ lot a¡ea of 900 m2, ¿ minimum lot fronøge of 20 m and a
minimum lot depth of 45 m.
Subject Lands: Registered Plan 205
The I:nd Registry identifies the subject lands on PIN35345-0189 as being Lots 14, 15 and 16 on the north
side of Third Steet,Irts 18, 19 and 20 on the south side of Fourth Steet, and aportion of Elgin Steet
between Third and Fourth Streets, Registered Plan 205.
I¡ts 14, 15, 18 and 19 each have lot frontages of 20.12 m, while L,ots 16 and20have27 m lot frontages.
Elgin Street's road allowance width is 20.L2 mon Registered Plan 205. In the severance applicatioq the
applicants have identifred a combined lot frontage on Third Street to be 87.43 m which is 20 metres wider
than the 67.4 m width resulting from combining Lots 14 to 16 with the Elgin Street road allowance aloug
Third Steet.
Lots 14, 15, 16, 18, 19and20havelotdepths of 40.23 nr,or5metreslessthanrequiredbythecurrentRl
zo'le.
Required Action
To approve the proposed redesigned parcel fabric on Registered Plan 205, that consolidates 6 lots inûo one
and takes a portion of the Elgin Street road allowance, Council may deem that Registered Plan 205 is not a
registered plan by passing a By-law. As a resulq there may be less of an issue of severing those lands
identified as "Elgin Street".
Removal of Straffordville lands from Registered Pl¿n 205
If Council so. chooses, it may pass a By-law to deem Registered Pl an 205 as not to be a registered plan of
zubdivision fcr the purpose of Section 50(4) of the Planning Act:
50(4) . -The council
of a local municipality may by byJaw designate any plan of subdivisior¡
or part thereof, that has been registered for eight ye͡rs or more, which
shall be deemed not to be a registered plan of subdivision for the
puq)oses ofsubsection (3). 1983, c. 1, s. 49 (4).
IBI Gtoup is a group of firms providing professional services and is affiliated with IBI Group Architects
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IBI Group Memorendum
Municipality of Bayham - May 26, 201 I
Should Council decide to dee,m Registered Plan 205 as not a registered plarU Shaffordville
will be subject to incremental lot severance applications that may lack cohesive lot and road
configurations.
Conclusion
That Council refirse approval of Consent Application E4l-l I as the landowners have not
referenced Registered Plan 205 and assumed that Elgin Street maybe consolidated with
' Lots 14, 15 16, 18, 19 and 20 on Third and Fourth Streets. Council should seek legal
opinion as to the proposed conveyance and consolidation ofElgin Street road allowance
with Lots 14 to 16 and Lots l8 to 20.
\
,r/s
IBIGROT'P
Tamar¿ Tannis, MCP, MCF/RPP
Consulting Planner to Municipality of Bayham
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Page 122 of 313
CORPORATION OF THE MUNICIPALITY OF'BAYIIAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Planning Coordinator/Deputy Clerk
SUBJECT: Soreny Farms Consents 842-45lll
DATE: June 10,2011
FILE: D10.11 SorenyFarms
NUMBERtD20II-25
Purpose
To consider four consent applications for the creation of lots in the Village of Straffordville.
Background
Four consent applications were received from the Elgin County Land Division Committee
submitted by Soreny Farms Limited to sever four parcels ranging from 1100 m2 (11840 sq.ft.) to
1168 m2 (12572 sq.ft.) retain approximately 60 hectares (150 acre) parcel. The subject land is
located north of Donnelly Drive with the proposed lots fronting on to the unopened Donnelly
Drive street allowance, east of Duke Street in the Village of Straffordville. The subject land is
designated "Residential" in the Official Plan and zonedVillage Residential-Holding (Rl-h) in the
Zonrng By-law N o. 245 6 -2003 .
Elgin County Land Division Committee deferred the applications on l|.lay 26,2011 atthe request
of the municipality to provide opportunity for municipal consideration.
Staff & Planner Comments
Staff and the planner have reviewed the applications. The planner suggests a couple of options in
considering the applications: Part -lot Control and removal of Straffordville lands from
Registered Plan 205. Both options are available to Council with further investigation and process
required.
Legal opinion suggests that the process of consent to consider lot creation is the only practical
way that boundaries can be changed. Again the legal opinion is that the street allowance is the
property of the municþality and has to be taken in to account in the lot layout, which the
applications presented asE42-45/71rccogmze the DonnellyDrive street allowance and suggest
the lots front on to the allowance.
Donnelly Drive east of Duke Street is identified as an unopened street allowance on Registered
Plan 205. Therefore, the owner will be required to develop the street allowance to municipal
street standards through a Development Agreement.
The municipal sewer terminates at the north end of the developed portion of Duke Street. The
owner will be responsible for extending the sewer main easterly along Donnelly Drive street
allowance to service the lots by means of an engineered plan and Ministry of the Environment
Certificate of Approval. A sidewalk on the north side of Donnelly Drive will be required and the
installation of a street light at the corner of Donnelly Drive and Duke Street. Street development,
sidewalk and streetlight requirements and the sewer extension will be included in a Development
Staff Report D2011-25 regarding "Soreny Farms Consents E42-
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Page 123 of 313
Staff Report D20Il-25 Soreny Farms Page2
Agreement between the owner and the municipality. The applicant will also be required to
provide proof of potable water through water quality and quantity testing for each lot. Lot
development will also require an overall grading plan and a storm water management plan with a
municipal drain connection.
Additional conditions of the consent are listed in the staff recommendation.
Attachments
1. Aerial map
2. Consent Application E42lll
3. Consent ApplicationsE43-45111 (first page only)
4. IBI memo dated I|l{ay 26,2011
Strategic Plan Goal(s)
Goal # 2 Ensure reliable, well-maintained and secure infrastructure
Goal # 6 Provide and encourage attractive lifestyle choices
RECOMMENDATION
"THAT Council recommend to the Elgin County Land Division Committee that consent
applicationsE42-45lll, submitted by Soreny Farms Limited, be granted each subject to
conditions:
1.
2.
3.
Development Agreement with the municipality
water quantity testing report meeting the Provincial standards
water quality testing report for nitrates and bacteria content meeting the
Provincial standards
stormwater management plan with an engineered municipal drain connection
grading plan subject to municipal approval
final suruey provided to the municipality
$500 cash-in-lieu of parkland dedication
purchase of civic numbering signage
rezoning to remove the "holding" provision subject to conditions 1-5
Revierved by,
4.
5.
6.
7.
8.
9.
Respectfully submitted,
Staff Report D2011-25 regarding "Soreny Farms Consents E42-
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Page 124 of 313
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La* I
APPUCATION FORCONSETg
r¡Sd
'^-"4p / L
ntn"ã use fu rì¿¿./-/-rr.o/ ,
Lr1ffi
Address f" ê;U'e
Telephone Number
Address f" &bt"n B"nnu# ê-o,nn
Please speciff b whom all communicatiors should be sent
Ovnersffi Sonribr( ) Agent( )
(a) Type and purpose of prcposed hansadim: (deck appropñate space)
(c)
Frontage
Existing Use
Othen charge
lease
Dqryül 4S/ l, Arca
Derün i r rëf)'t: iä7 '
^Nea /,{ô a-,_
(b) Are herc any easemenb or ráùid¡ve covenanb afieding üre subjec.t land?
Yes( )No (X FYes, describe the eæenrent or corcnant and'tb efiecL
5. Desøiption of lald ¡rþnded to be særed: (Accr¡rab Measurcments in Meüic)
FronÞge
Þ<isting Use Proposed Use . .
Nt¡mber and use
severed:
and sür¡cü¡rcs (boü exiding and proposed) on tre land to be
Descdplion of hnd intended to be retafi{: ,(Acorrate n4i:.g:erents in Mebic)(t9z+'rø^1
¿tso Sußet ùiE
SL'nmes' ñ NsRsvr
PhffG 5rg æ1.1460twlltÐnty.æ
Name ofOwner
'or,úrrq
4//3-
--/Transfen L/ cfeãlion of a nen lotæ
. , .Addition to a lot
easement conection of title
ofterpupæe
(b) Name of pøson(s), if knorn, to whom lald or ¡nter€st in land is to be tansfened, leased or
charged:
4. (a) Location of land:
MunirÍpaþ Raf Lrrr . Goncession No.
Lot(s) No. L>t"l t Pl L¿* 3 Res¡stered ptan
Àt*L r
Registered Plan No. åL{
Name ofSteet
lf a lot addition, identiff the hnds b wt¡idr üre parcd will be added:
Numberand use-of and str¡cû¡res on üe land to be ¡eþied:
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-2-
7.
8.
11.
12.
13.
Number of new lob proposed (not including reþined lots) _ I
Type of access for proposed and retained tot (check appropriate space)
TYPE
Provincial Highway
Municipal road, maintained allyear '
Municipal road, seasonally mainhlned
Other public road
Right Of Way
Water access
lf proposed access_is by urater, what boat docking and pârklng facilities. are available on themainland? (specrff)
9. What type of water suppfy is proposed: (chedr appropriate space)
TYPE
Publicly owned and operated piped water s¡atem
Privately owned and operaÞd iridlvidualwell
Privately owned and operated communat well
Lake or otherwater body
Other means (specitr)
PROPOSED-LOT
()
w)()
()
RFfAINED LOT
()
()
()
()
10. what type of sewage dbposar is proposed: (check appropriate space)TYPE PROPOSEDLOT
Publicly owned and operated sanihry sanrage
system
Pdvately owned and operated indMduat septic
tank
Pdv.ately owned and operated communalseptic
system
Prir/y
Other means (specrfy)
(p
()
()
()
Plan designation(s), if any, of the subject land?
What is he Zoning, .if an¡ of üre subjed land?
lf this applicalion is a résubm'lssion of a previous consent apptication, describe how it has beenchanged from ü¡e orþinatapplicalion . t -rrÈv!r'"r Yt
16. (a) Has fte owner previously severcd any land,ftom üris hotding?
Yes (/t '
No t )., '
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(b) lf the answer to (a) is Yes, please indicate previous sevèrances on the required sketch and
supply the following information for each lot severed:
Grantee's name
Relationship (if any) to owner
Use of parcel F.;r- I'oL(
Date parcelcreated J-an¿>
17. ls the owner, solícitor, or agent applying for additional consents on thls holding simultaneously
with this application, or considering epplyrng for addilional consents in the future?
Yes Nl No ()
18. ls the sùbject land cunently the subject of a proposed offcial plan or official plan amendment
that has been submitþd to the Minister for approval?
Yes ()No (Y)
lf Yes, and known, speciff the Ministry file number and status of the applícation
19. ls the subject land cunenüy the subject of an application fur a zoning bylaw amendment,
Ministels zoning order amendment, minor variance, or approval of a plan of subdivision?
Yes ()No (X)
lf Yes, and known, speciff the appropriate file number and status of the application
20. ls the application consistent wtür policy statemenb issued under subsection 3(1),of the Planning
Act?
Yes (X,No()
21. ls the subject land wihin an area designated under any provincial plan or plans?
Yes()No (y
lf yes, does the application cpnform to or conflict with the applicable prcvincial plan or plans
22. SKETCH:
The application shall be accompanied by a sketch showing the following:
- the boundaries and dimensions of the subject land, the part that is to be severed and the
part that is to be retained;
- the boundanþs and dimensions of any land owned by the orrner of the subject land and
that abuts the subject land;
- the distance betrteen the subject land and the nearest township lot line or landmark, suc.h
as a railway crossing or bridge;
- the location of all land prevlously severed from the parcel originally acquired by the cunent
owner of the subject land;
- the approximate location of all nah¡ral and artificial,features on the subject land and
adjacent lands fiat in the opinion of $e applicant may affectthe application, such as
buildings, railuaa¡rs, roads, watercourses, drainage ditches, river or steam banks,
wetlands, wooded areas, well and septic tanks;
- the existing use(s) on adjacentlands;
- the location, width and name of any roads within or abutting the subject land, indicating
whether it is an unopened road allowance, a public favelled road, a private road or a right
ofway;
- if acress to the subject land is by trnter only, the location of the parking and boat docking
facilities to be used;
- the location and nature of any easement affecting the subject land.
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23.
'4'
Divbion Commiüee members and ü¡e
the subled property for the pupose of
24.
de
Dated atüre ,/o¿zt n
ü.'i, oQ/5f . o.yor tt^.J
STGMTUREoTÃpp@,
Pl tC tlhrt e Szok'an i t
in he
aayot AanJ
AFFrDAvrroRSì^/.RNrrr,*^rlìd"-f ;',-if"rí:ri-;l'fii*f ii'á"u*"t^^
solemsotem tugrand l/ì/Ve make this
efred H * of $e same force and
DECLARED befoÞ ne atthe
thls Zore^q IJ
:ffitl
It iswith b€ filed' logeüerwith one copy of the skebh described,a fee of-
$750'00 iñ -cash or byctreque madg. payabg to TREASURER, couNTy oF ELGTN
An ad-ditionalfeàof $250.00uii[ be CIaEø for@ng be ànsentsâmp. :
ini¡u¡qûh'bGqteflË-
ÊomtSuüTJiÈÍifrd$Hr
Staff Report D2011-25 regarding "Soreny Farms Consents E42-
45/11".
Page 129 of 313
APPENDIX "Atr
The C.ounty of Elgin Land Divisíon Committee requires that, in addition to the ?pplication for Consenfl, the
following information be completed for all applications:
1. Are there.any bams located within 300 metres of the subject of this application?Yesþt''No()
lf the answer is YES'are $¡ese barns:i) Now used for livestock?ii) Capable of being used for livestock?
Yes() NoÒlYes() No}<la
LOT
]ELEPHONE
coNc.TOWNSHIP
T|L|-ABLE HECTARES (wtrere livestock facility located)
NOTE: lfyou answered "YES'to #1. PLEASE COMPLETE THE DATA SHEET BELOW
TO BE COMPLETED
BYAPPLICANT
AcRlcqLJuBA! CODE OF P.BACT|CE FORMUT-A ONE DATA SHEET TOc¡l-CUUre tHe UI¡¡l¡v¡U¡t¡ o¡SreHCe Sep¡mriOt¡ REOU¡newlErilrS
FOR NON,FARII| USES ESTABUSHTNG ORiEXpANp¡Nc tN CLOSE
PROXMITY TO EXISTING LTVESTOCK BU¡LDINGS
ln order to calculate the minimum distance separation, the following information is required for each livestock
facility within 300 metres of the proposed severance and located oñ a separate lot:
Maximum Housing Capacfty
Number per Year
Housing System
check type
0 Calves0 Feeders0 40G.750 tb.0 400-1 100 tb.
POULTRY
0 Laying Hens0 Breeder Flock0 Pullets0 Chicken Broilers0 Turkey Broilers0 Turkey Hens0 Turkey Toms0 Roasters
& Bam I Confine-
Gaged , On Floor
Govered Pile
Storage with Buck Walls
Open Earth Sided pit
Staff Report D2011-25 regarding "Soreny Farms Consents E42-
45/11".
Page 130 of 313
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Staff Report D2011-25 regarding "Soreny Farms Consents E42-
45/11".
Page 131 of 313
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Teranet Custorner Service Genbe: 140{Þ208-5263 fToronfn: 41 6-?ßt}t I onì
Staff Report D2011-25 regarding "Soreny Farms Consents E42-
45/11".
Page 132 of 313
L"*2
APRl{
ätu@497 LL
1.
2.
Deseiptilon of hnd intended gtr_teF¡nø: (Accr¡rate Meagu¡epenF in Meûic)
Frontase ,3Æ5î1-W æpt ;rry,.(#'^) erea /-{Ò a,-
ós
Existing Use
Number and *"!ói Uuif¿¡ngs and sür¡dr¡rcs (bottr eústing and proposed) on fre land to be
severed:
Exisling Use l-hrì cu //t^ra- I
450SmsetIttE
SLlhomæ,0n N5RSVl
Phwí9431-14ô0üÍrdEhdrùÐ.o
ElgmCounty orrucAro* FoR coNsENr
^ëfl-
Name'ofapprovalauthority ELGINCOUNIY.LANDDMSION.COMMITTEE
Name of Ovvner
Address Ço ê,'
Telephone Number
Name of ome/s solicitonorauü¡orÍd agent'
Telephone Number'
Please spedff to vytrom all communicalions should be senE
ovners (þ soticibr ( )Agent ( )
(a) Type and purpose {nrono.seO tansacäm: (check apprcpdate space)
Transfen,,,,,/,,,.crealionofanewlot Othen
-charge
. .Addition to a lot lease
easemer¡t corection of title
oñer purpose
(b) Name of person(s), if knorn, to wtrom land or inþrest in tar¡d is to be bansfened, leased or
.
charged:
UÂ k¡ac¡J n
(c) lf a lcÉ addilion, identiffthe hnds to which the parcelwill be added:
4. (a)Location of land:
Mun¡c¡pafity Ra-qÀa rn Goncession No.
Lor(s) No. P+ t-^4" ail Resisbred phn
Vl¿.L tr
No. Jôf
Nameof Sbeet. L",nr..ú.1., 1 ,.i- , SteetNo.
þ) Arc therc any easements or resûic{ive covenanb affeding üre sugect tand?
Yes ( ¡ tto fi) lf Yes, desc¡ibe he easement or coænant ar¡d its effect
Desøiption of land ¡nbrded to be severed: (Accur# Measurernenb in Meüic)
Frontase 44,,3_ Fr Wt 4ç// Areå
{:bn*s
Number and use of buÍldings and süt¡cù¡rcs on the hnd to be rebT¡nø:
Staff Report D2011-25 regarding "Soreny Farms Consents E42-
45/11".
Page 133 of 313
Lof3
B r* 4,'/-ltJ *
APfìl1 2û11
ELGIi{
1.
2.
3. (a) T¡pe and purpose of.nronased bansadion: (check apprcpriate space)
Transfen y' crea¡on of a new lot Othen charge
E I grnil t å-r E-i ty AppucAroN FoR coNsENr
= . ..gddition to a lot lease
easement correctíon of title
.other purpose
(b) Name of person(s), if known, to whom land or ir¡terest in land is to be transfened, leased or
charged:
/ ln k.no^s n
(c) lf a lot addition, identiff the lands to wtrich the parcel will be added:
a
4. (a)
Municipaþ
Lot(s) No.Reg'stered Plan No. JO{ .
Name of Street.Ao¡Le //v.
(b) Are there any easements or resfoictive covenants affeding the subject land?
Yes( )to fl tf Yes, describe the easement or covenant and its effect:
5. Descdption of land intended to be severcd: (Accr.rrate Measurcments in Metic)
Frontage
Existing Use
Numbgr and use
severed:
and stt¡c-tures (both oristing and proposed) on the land to be
-- ., ,.-- -: V¿ncool ---- -. ,=,.
o *"j:::l_" rand intended : : r?Bl1$ (e"* o|e Measurem?gÞ. ljl $"ui"lFrontâse ,3An2i-'ff"deø _i
Existing u" lJerion/Jån¿"/ pro¡Proposed Use
Depù 4S// r^ . - Area //ÒÒ s¿. m. Propose¿use 3.s ì clnn\l* I
Name'ofapprovalauthority ELGINCOUNry-LAN.QDMSIONSOMMITTFE
Name of ovwrels solicitor or authorized agent
Addre*s Ço (; úso.' Bnnn
Telephone Number
Please speciff to whom all communications should be sent
owners fi) Solicitor'( )Agent ( )
Area
45O SuMt Driw
SLTþrc,O¡ NsRSVl
Phon€: 519 531.1460
w¡lg¡rcounty.m.6
Name of Owner
Address Ç¿ &ìb"o
Telephone Number
æ
Number and use'ıf buildings and stt¡ctures on the land to be
Staff Report D2011-25 regarding "Soreny Farms Consents E42-
45/11".
Page 134 of 313
tË
¿Ë /^4
4 alLt,
Telephone Number' ..,
Please speciff to wtrom all communicalions strould be ser¡t
Ovners fr) Solldbr ( )Agent ( )
(a) Tyæ and purpose of proposed tansac{ion: (dred< appropriate space)
Transfer ., ,,4. , , creatbn of a new lot Oü¡en charge
. .. .êdditiontoalot
e¿sement
oúerpurpose
conection of tiüe
(b) Name of percon(s), if known, to whom land or ir¡tercS in land b to be bansferæd, leased or
charged:
4. (a) Locatitm of land:
Muniripafity .tr
Lot(s) No.RegbtercdPlanNo. 9o{ ,
Name of Sùeet .Donn e t 1. IrìV<, Steet No.
þ) Æe therc any easemenb or resùidirrc corcnanb ffing the subject land?
Yes ( ) no qa [Yes, describeüe easementorcovenant and its efrect
5. Description of land ¡nþndedto be severed: (Accr¡rate Measuæmenb in Meüic)
Frontage
E:tisting Use
:3Ò Depú 4.<// Area
Proposed use . .l(¿s)/¿t*lì+l
Nr¡mberand rce
severed:
6. Desuiprton of hnd inÞnded to
Frontage
Existing Use
Number and
ra-l
¿¡50SuËctDrÌF
SLÌroíË,ù NsRSVl
PtFnG| 5r$æ1-1460wrlÉanvsê
frltuot
e
*.BÈ.&
EI gmCou n ry AppucAroN FoR coNfr;
l.
2.
Name'of appronal authority
Name ofOwner
Address f, ûós"q
Telephone Number
Name of oume¡'s solicitor or auhoñzed agent
Addrcss Ço Ûb*n Bern"y'/ êroo^* S
(c)
retained: Accurde
2î) o"pu i.
Use
lf a lot addition, irlentify the lands b wtrhh tre parcd will be added:
and str¡dures (bdr otiding and proposed) on the land to be
buildings and süt¡cû¡rcs on üre hnd b be
in Metdc)
Staff Report D2011-25 regarding "Soreny Farms Consents E42-
45/11".
Page 135 of 313
lBl Group
203 - 350 Oxford StGet West
London ON N6H lT3 Canada
tel 5194727328
fax 5194729354
To/Attention
From
Subject
Municipalityof Bayham
Tamara Tannis, MCP, MCIP/RPP
Date May26,20ll
ProjectNo 3404-505
Memorandum
SorenyFarms: Consent Applications No. E42lll toB45/l\
Lots 1, 2, 3, 4, 5, 10, I l, Block F, Donnelly Drive, Registered Plan 205
Straffordville
Purpose
The landowners have applied to sever four parcels of land from an approximate 6l ha parcel in the village
of Straffordville.
The four consent applications provide the following proposed lot dimensions for each application:
Subject L¡nds:
The subject lands are part of Block F, Registered Plan 205. The lands are designated Residential in the
Municipality of Bayham Official Plan and a¡e zoned Village Residential Holding (Rl-h), Schedule 'F',
Map No. 1, in the Municipality 6f l6ning By-law 7A56-2003.
The R1 zone requires a minimum lot area of 900 m2, a minimum lot frontage of 20 m and a minimum lot
depth of 45 m. The proposed applications meet the regulations of the Rl zone.
Registered Plan 205
The submitted survey map, prepared by Kin Husted Suneying Lt4 identifies the subject lands as being
comprised of seven lots on Block F, Registered Plan 205: Lots 1, 2,3,4,5, 10 and 11. The propefy's
PIN35345-0189, Ontario I:nd Registry, also identifies the subject lands as Lots I to 11, Block F, Plan
205. Lotsl,2,3havefrontagesalongDonnellyDrive.Lot4hasfrontagealongbothDonnellyDriveand
Duke Steet. Lot 5 fronts onto Duke Steet, while Lots l0 and 11 front Wellinglon Street. All streets are
unopened road allowances.
According to the measurements identified on Block F, Registered Plan 205: Lot I has a lot frontage of
37 .8 m; I-ats 2,3 and 4 have lot frontages of 20.12 m; Lot 5 has a lot frontage of 17 m; Lot 10 has a lot
frontage of 20.12 m; and l,ot l1 has a lot frontage of 25 m. Lot depths for Lots I to 5 are 40.2 m" while
Lots l0 and 11 have approximate lot depths of 85.3 m- All lots meet ús minimu6lot frontages of the Rl
zone, with the exception of Lot 5 which is 3 m less than required. Lots 1 to 5 do not meet the 45 m lot
depth requirement of the curent Rl zone, but are deemed to be legal, non-conforrning.
Applicetion Proposed Lot Frontege (m)Proposed Lot Depth (m)Proposed Lot Area (mJ
E42ltt 25.91DonnellyDr
45.11 Duke St
45.t1 1,168
E 43m 24.38 45.t1 1,100
E 44m'24.38 45.tt 1,100
E 45ttt 25.30 45.11 1,041
IBI Group is a group offirms providing professional services and is affrliated with IBI Group Architects
Staff Report D2011-25 regarding "Soreny Farms Consents E42-
45/11".
Page 136 of 313
IBI Group Memor¡ndum
Municipality of Bayham - May 26, 201I
Analysis
The 4 consent applications to sever 4 parcels of land from a larger tact of land is not tlre appropriate
application at this time. The subject lands a¡e subject to the lot configuration of Block F in Registered
Plan 205.
The landowners are proposing lot line readjushents rather than the creation of 4 new lots. As a resulq the
current proposed lot realignment creates a remnant lot in Block F that \Mill not meet the minimum Rl lot
frontage requirement in the Rl zone (Lot 5, Block F, Registered Plan 205).
The appropriate request would follow the following logic for each application:
o 842/ll takes portions of land from Lots 3 and 5, Block F and conveys them to Lot 4, Block F,
Registered Plan 205;
. EA3lll requiresthatpolions oflÃtz,Lot5 andl¡t l0beconveyedûoI¡t3,BlockF,
Registered Plan 205;
o F44/ll requires that portions of I-ot l, l0 and I I be conveyed to Lot 2; and
c E4SlLl conveys a portion of L,ot 1l to Lot l, Block F, Registered Plm205.
Required Action
Council has two approaches to resolve the proposed applications. One approach would be to pass a By-
law deeming the registered plan @egistered Plan 205) to not be a plan of subdivision The second
approach would require that the landowners apply for Part-Lot Control exemption, wherein Block F, Plan
205 would be exempt from Part I¡t Control (i.e. permit the lots to be realigned). This would require that
the lot line readjustments would have to conform to the current lot arealfrontage/depth requirements of the
current Rl zone regulations.
Part-lot Control
Part Lot Control Exemption ByJaws are normally used to permit the fi¡rther subdivision of existing lots in
a registered plan into smaller parcels (e.g. for townhomes). It is also used to permit the creation of lot
lines within a Block on a registered plan of zubdivision- The Planning Act, Section 50(7) authorizes
municipalities ûo pass byJaws to permit whole blocls and lots within registered plans to be further
divided. Council ¡nay pass a byJaw exempting land situaæd in a Registered Plan from part-lot control to
allow the division of these lands into smaller parcels, make minor boundary adjustments, or establish
maintenance easements by way of a Reference Plan. Exempting land situated in a registered plan from
part lot control would allow a reference plan that çhanges existing lots lines to be registered on title. The
subject lands would propose 'minor boundary adjustments'.
Some municipalities do not permit part lot contol applications for lot line readjushents in approved
subdivision plans.
Removal of Straffordville lands from Registered Plan 205
If Council so chooses, it may pass a By-law to de€,n Registered Plan 205 as not to be a registered plan of
suMivision for the purpose of Section 50(4) of the Planning Act:
50(4) DesiCnation ofplans of subdivision not deemed registered. - The council
of a local municipalþ may by byJaw designate anyplan of subdivision,
or part thereof, that has been registered for eight years or more, wtrich
shall be deemed not to be a registered plan of subdivision for the
puq)oses ofsubsection (3). 1983, c. l, s.49 (4).
Staff Report D2011-25 regarding "Soreny Farms Consents E42-
45/11".
Page 137 of 313
IBI Group Memonndum
Municipality of Bayham - May 26, 201I
Should Council decide to dee,m Registered Plan 205 as not a registered plan, the village of
Straffordville may be subject to ongoing, incremenüal lot severance applications'
Conclusion
The current applications reflect lot line readjustuents within a registered Block It may be that Council
could exempt the Block from Part Lot Control, to permit the realignment of the lot lines within the block
This would effilue that any new lot formation would meet the Rl zone regulations and that no remnaût
piece of land would be created (such as the current sevenance applications create). A time limit is
normally given to this form of application (e.g. I to 3 years). The Part Lot Conbol ByJaw exemption
would be registered on title for the subject lands.
Or, Council could deem Registered Plan 205 to not be a registered plan for the village of ShafFordville. In
such a case, Council may then require the landowners to submit a plan of subdivision for the subject lands
to ensure conformity with the current OfEcial Plan and Zoning By-law, as well as meet the municipal
servicing requirements. Such an approach would allow the Municipality (through Municipal Affairs &
Housing/County of Elgin) to request a Subdivision Agreement.
Council should refuse çproval of Consent AFplications 842-ll through E45- 1 I until such
time as they have received legal advice and./or decided on which method they would prefer
to take, the deeming the plan to be not registered or to exempt the lands from Part Lot
Contol.
ír1s
IBI GROTJP
Tamara fannis, MCP, MCIP/RPP
Consulting Planner to Municipality of Bayham
Staff Report D2011-25 regarding "Soreny Farms Consents E42-
45/11".
Page 138 of 313
CORPORATION OF THE MUNICIPALITY OF BAYTIAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Planning Coordinator/Deputy Clerk
SUBJECT: Szorenyi Consents 850-53/1 1
DATE: June 10, 2011
FILE: Dl0.ll Szorenyi
NUMBERI D20lI-26
Purpose
To consider four consent applications for the creation of lots in the Village of Straffordville.
Background
Four consent ceived from the Elgin County Land Division Committee
submitted by sever four parcels ranging in size from 901 n| çO.ZZ acre) to
1026 m2 (0.2 6.244 hectare (40.1 acre) parcel. The subject land is located
north of Heritage Line west side of Sand¡own Road in the Village of Straffordville. The subject
land is designated "Residential" in the Official Plan and zoned Village Residential-Holding (Rl-
h) in the Zontng By-law No.2456-2003.
Elgin County Land Division Committee will consider the application on June29,20ll.
Staff & Planner Comments
The entire subject lands are identified as part of Registered Plan 205 in the village of
Straffordville. The owner proposes consolidating parts of several "lots" and incorporating a
portion of the "Donnelly Drive" road allowance that extends westerly from Old Chapel Street to
Sand¡own Road. Staff and the planner have reviewed the applications and have concerns with
the proposals.
The planner's memo explains that street allowances on registered plans are designed and intended
for future development as streets. She further explains that to approve the consolidation of lots
and street allowances, a Registered Plan must be deemed as not a registered plan by passing a
By-law or by passing a Part-lot Control Exemption by-law to permit further subdivisions of
existing lots in a registered plan of subdivision. Records show this has not been done to Plan
205.
Legal opinion was obtained from the municipal solicitor and his findings support the opinion of
staff and the planner. Streets set out on registered plans are dedicated at the time of registration
as "highways". Street allowances belong to the municipality and would have to be closed by by-
law before it could be used for any other purpose than as a "highway". The "Donnelly Drive"
allowance cannot be incorporated into the E50/11 and E5l/11 consent applications. Legal
opinion supports the two approaches suggested by the planner but suggests that consent is
possible and is considered the practical approach to recreate lots from a registered plan.
Staff recommends application E50/11 be refused on the basis of proposing inclusion of the
municipally owned street allowance.
Staff Report D2011-26 regarding "Szorenyi Consents E50-
53/11".
Page 139 of 313
Staff Report D20II-26 Szorenyi Page 2
Application Esllll - sketch indicates inclusion of a portion of Donnelly Drive street allowance.
The application would have to be amended to not include a portion of the street allowance while
maintaining a minimum frontage of 20 metres.
ApplicationsB12lll and E53/11 would require conditions that may include proof of potable
water, a grading plan, storm water management plan and municipal drain connection, $500
parkland dedication fee, final survey, civic numbering signage, Road Access Permit, Sewer
Services Permit and rezoning to remove the "holding" provision.
Attachments
1. Aerial map
2. Consent Application E50/11
3. Consent Applications E5l/11-53111 (first page only)
4. IBI Memo dated May 26,2011
Strategic Plan Goal(s)
Goal # 6 Provide and encourage attractive lifestyle choices.
RECOMMENDATION
rr1¡{df Council recommend to the Elgin County Land Division Committee the following:
THAT consent application E50/11, submitted by Michele Szorenyi, be refused on the basis
that Registered Plan 205 66Donnelly Drive" street allowance cannot be included in the
consent;
AND THAT consent application 851/11, submitted by Michele Szorenyi, be granted subject
to conditions:
1. confirmation of lot dimensions showing Donnelly Drive street allowance is not
included and maintain the required minimum frontage of 20 metres
2. water quantity testing report meeting the Provincial standards
3. water quality testing report for nitrates and bacteria content meeting the
Provincial standards
4. stormwater management plan with an engineered municipal drain connection
5. grading plan subject to municipal approval
6. Sewer Services permit
7. Road Access permit
8. final surwey provided to the municipality
9. $500 cash-in-lieu of parkland dedication
10. purchase of civic numbering signage
11. rezoning to remove the "holding" provision subject to conditions 1-6
AND THAT consent applications 852/11 and 853/11, submitted by Michele Szorenyi, be
granted each subject to conditions:
1. water quantity testing report meeting the Provincial standards
Staff Report D2011-26 regarding "Szorenyi Consents E50-
53/11".
Page 140 of 313
Staff Report D20ll-26 Szorenyi Page 3
2. water quality testing report for nitrates and bacteria content meeting the
Provincial standards
3. stormwater management plan with an engineered municipal drain connection
4. grading plan subject to municipal approval
5. Sewer Services permit
6. Road Access permit
7. final survey provided to the municipality
8. $500 cash-inJieu of parkland dedication
9. purchase of civic numbering signage
10. rezoning to remove the "holding" provision subject to conditions 1-6
Staff Report D2011-26 regarding "Szorenyi Consents E50-
53/11".
Page 141 of 313
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PR 1 g 2011
oF ELGIil
1.
2.
Elgr"tlnty*pucAroN FoRcoNsE-&,8 #, Ð -l Ll,
Owners( ) Solicfbr'( ) Ager*(X
3. (a) Type and purpose o)nrcnosø bansac,tÍon: (check appropriate space)
Transfe¡: .crcation of a new tot Othen charge
Name'ofapprovalauhority ELGIN COUNIYI*AN.D,DMSI9hI,COMM|TTEE
Name of Or¡vner f "\ r ch¿.[<- '\za(e-¡t
Address f" ê;Át"" &^^"4 oo^ * S.o.¿-/ì//son bo
Telephone Number ON
Nameofoune¡'s solicitororautroÍzed agenti l4ic Ç" (-., G. Szo"e* ¡
4/1 t _
Address f" (;k"n G^r'*szorenqì
Teteplrone Number' -fl 7 --?y').-.?1 {Í ONN t43
Please speciff to whor
"ll
*rrunications should be sent
. .addition to a lot
easement
lease
conection of title
oüer purpose
(b) Name of percon(s), if knovun, to wtrom land or interest in land is to be ûansfened, teased or
charged:
(c) lf a bt addition, identify the lands b wtrictr üre parcel will be added:
(a) Location of land:
Municipafrty Goncesston tlo.-B lroL L
Lot(s) No.Registered Plan No. JoS-.
Name of Sbeet.S St¡eet No.
þ) Are fterc any easemenb or resûidive correnanb deding tre subject tand?
Yes( )No Ø tf Yes, describe the easerær¡t or corcnant ard its efiect:
5. Description of land ¡nþnded to be severed: (Acarrate Measurcrnenb in Meûic)
Fronbge
Existing Use
Depttr 4( o<Arca
Proposed Use .
severed:
Description of land intendedto be ebrned: (Acurrate Mg#,F,Bç in måtic¡Fronrase /o!o ,g4 ^. D"ü ;;n;!I':tff:J *r- _ø'44 L-fn _-
Exist:ng Use
45OSuærtOriE
St'Ihomæ,On NSRSVI
Pìúê:5rg 6:[.1460
rw,ìTdE¡Ht¡nVÐ.€
Number and use
Staff Report D2011-26 regarding "Szorenyi Consents E50-
53/11".
Page 143 of 313
7.
L
11.
2-
Number of new lots proposed (not including rehined lots)---- t-'--
Type of access for proposed and rebined lot (ctreck appropdate sspace)
TYPE
Provincial Highway
Municipal road, maintained all year'
Municipal road, seasonally maintained
Other public road
RishtOf Way
Wateraccess
lf p¡o.posg-d access-is by water, what boat docking and pârking facilities.are avaitable on themainland? (speciff)
9, What gæ of water supply is proposed: (ctrec* appropriate space)
TYPE
Publícly owned and openated piped water syetem
Privately owned and operated ¡ñdMdualwell
Privately owned and operated communatwell
Lake or otherwaterbody
Other means (specrfy)
PROegSEo_LOT
()
(y)
()
()
Ø
10.Whattype of sewage disposal is proposed: (check appropriate space)TYPE PROPOSEDLOT
Publicly owned and openate{ saniÞrysewage
system
fdyately owned and operated indMduatseptio
tank
fr.i,v.gtely owned and operated communal septic
system
PrÍvy
Other means (speciff)
\M¡en willwatersupply and sewage dlsposalseMces be available?
(A
()
()
()
()
()
12. What is the Ð<isting
l
Plan desþnatÍon(s), if any, of the subject land?
13.if.any, of the-subjec.t land?
lf tt¡ls applicalion is a rçsubmission of a prevíous consent application, describe how it has beenchanged fiom the origínal appticatiôn
Has the owner previously severed any tand.frrom thls hotding?
vps .(Fl
16.
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Page 144 of 313
-3-
(b) lf the answer to (a) is Yes, please indicate previous severances on the required sketch and
supply the following information for each lot severed:
Grantee's name
Relationship (if any) to owner
Use of parcel
Date parcelcreated .- ... tqql
17. ls the owner, solícitor, or agent applying for additional qonsents on this holding simultaneously. with this application, or considering applying for additional consents in the future?
Yes ( X,No ()
18. ls the subject land cunently the subject of a proposed official plan or official plan amendment
that has been submitted to the Minister for approval?
Yes ()No (X1
lf Yes, and known, speciff the Mínistry file number and status of the applícation
19. lsthe subject land cunently the subject of an application for a zoning by-law amendment,
Ministe/s zoning order amendment, minor variance, or approvat of ã plan of subdivision?
Yes ()No O4
lf Yes, and known, speciff the appropriate file number and status of the application
20. ls the application consistent with policy statemenb issued under subsection 3(1),of $e planning
Act?
Yes No()
21. ls the subject land wihin an area desþnated under any provincial plan or plans?
Yes()No (y
lf yes, does the applicatíon 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 boundaries and dimensions of the subject land, the part that is to be severed and thepart that is to be retained;
- the boundaries and dìmensions of any iand owned by the owner of the subject land andthat abuts the subjed land;
- the distance between the subjec't tand 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 cunentthe subject land;
and
ch as
st
the existing use(s) on adjacent lands;
the location. width and name of any roads within or abuüing the subject land, indicatingwhether it is an unopened road ailówance, a pubtíc tavèliñ ñd, ;;riåe road or a rightofway;
if access.to the subject land is by rrtrater only, the location of the parking and boat dockingfacilities to be used:
the location and nature of any easement afiecting the subject rand.
Staff Report D2011-26 regarding "Szorenyi Consents E50-
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-4-
23. The Owner/Applicant/Agent hereby authorizes Land Division Commiüee members and the
G.orporation of the.9ounty ol Ftqn staff ûo g1rter ontro the subjec.t property for the purposJ ofSite Ínspections ryith resped to this applicaffon.
24. d in thÍs
to provide
Boards. Local
20 ll
STGNATURE OF APPLTCANT(SI
14i.k^-'i
solemnly declare that a d in his appllcation .s tue, and l/ìA/e make thissoremn decraration con gJ me, ã-rã.ñd;;ù.,;t il is of the same force andeffect as if made under cAt.ledÁEvtöËñöËnðr.
DECIáRED beforc me atü¡e
OR
e_ Ç76'-e n¡ i 3e
AFFIDAVIT OR SWORN DECI.ARATION
in the
ui" I L]
20 1l
Pûi¡td0r6,trGbü¡.mdhÍtWìneÍË6!úffi.
E)çiBDGÊrü1,ãll¿
agent
must
It is required ü¡at one copy of üis application be fited, togetherwih one copy of the sketch descríbed,with the responsibte perèón, accom'pãm"¿îvä r"" oi_ --- -' '-'-' -"i
' $75o.Oo iñ.cash or b¡¡chequè made'pa¡abte to TRÉASURER, couirry oF ELcrN
Anad4itionalfebof$250.0orri¡i¡ecnargeaforafrxinÛ.thetnsentstamp.
o ,A
Staff Report D2011-26 regarding "Szorenyi Consents E50-
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APPENDIX "Atr
The County of Elgin Land Division Committee requires that, in addition to the lApplication for Consenf, the
following information be completed for all applications:
1. Are lhere any bams loçted within 300 metres of the sgbjec,t of this application?Yes() No(Xù
lf the answer is YES/are these barns:i) Now used for livestock?¡D Capable of being used for livestock?
Yes
Yes
()()()()No
No
NorE: lfyou answered "YES" to #1. PLEASE coMpLETE THE DATA SHEET BELow
TO BECOMPLETED.
BYAPPUCATùT
ln order to calculate the minimum distance separation, the following ínformation is required for each livestockfacilig wÍthin 300 metres of the proposed severance and located oñ a separate lot
NAME TELTPHONE
TOWNSHIP
ïLI-ABLE HECTARES (wtrere livestod< fac¡lity locâted)
LOT coNc.
Maximum Housing Capacig
Number perYear
Housing System
check type
BEEF
0 Cows0 Calves0 Feeders0 40G750 tb.0 400-1 100 tb.
SWINE
0 Sows0 Boars0 Weanlings
POULTRY
0 Laying Hens
Breeder Flock0 Pullets0 Chicken Broilers0 Turkey Broilers0 Turkey Hens
Open [ot ¡ Total
& Bam I Confine-
Caged , On Floor
Open Pile
Oþen Pile l
Govered Tank
Covered Pile
Storage with Buck Walls
Open Earth Sided pit
Staff Report D2011-26 regarding "Szorenyi Consents E50-
53/11".
Page 147 of 313
AUTHORIZAT!ON
(Please see note below)
To: Secretary-Treasurer
Land DÍvision Committee
Corporation of the Gounty of Elgin
Description and Location of Subject Lands:
lM/e, the undersigned, being the registered owner(s) of the above lands hereby authorize
(1) make an application on my behalf to fte county of Elgin Land Division committee;(2) appear on my behalf at any hearing(s) of the aiplicaüän; and(3) provideany information or materiafnrquired bythe Land Division Gommitee retevant to theapplication.
Please Print Names in Block Letters Below Signatures
Datedatthe /.ò^)n . of
th¡, /Ð4 ¿^vot IWL âPril 20 //
Signature of Witness Si-nafure ofOwñer
Sþnature of lA/ib¡ess Sí nature of Owner
NorE: This.form is only to be used for applications, which are to be signed by someone other thanthe ownerþ).
S-ft¿^flo.À,ti
Staff Report D2011-26 regarding "Szorenyi Consents E50-
53/11".
Page 148 of 313
f,+] Ëo/3-Ê
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dnpiled tdry plans and doofienbppces oly. Thls b not a t1àn of $rvey.
Teranet customer service cente: 1€oGzog-5263 (roronb: 416-360-1190)
Staff Report D2011-26 regarding "Szorenyi Consents E50-
53/11".
Page 149 of 313
(NOT TRÀVELÉD)
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APPUCATION FOR CONSENT ffi.r.,ì.i r - '
å$ x zxill g
2. NameofOwner
Address % ê
Telephone Number
Name of owne/s solicitor or authorized agent
Address % (,'l
Telephone Number'6,t?= 742-3L{T
Please speciff to whom all communications should be sent
Owners( ) Solicitor( ) Agent(X)
3. (a) Type and purpose ofproposed tansadion: (check appropriate space)./Transfen l,/ creation of a new lot
-
addition to a lot
easement conection of title
.other purpose
(b) Name of person(s), if known, to whom land or interest in land is to be transfened, leased or
charged:
ltn kn¿u¿n
(c) lf a lot addition, identify the lands to which the parcel will be added:
4. (a) Location of land:
Municipaþ concession ¡lo. R/rrJ (
Registered Plan No. Jns-
Name of Street .S u/ulo":Street No.
(b) Are there any easeme-nb or restictive covenants affecting the subject land?
Othen charge
Lot(s) No.
Yes ( ) no ryt tfYes, describetheeasementorcovenantand itseffect:
Description of land intended to be severed: (Accurate Measurements in Metic)
Frontage 1o.,,i Depflr- /f, lR - Area a4^ - n .
Existins u"e .&..r,2^/h"^.(. ...
Number and use of buildings and str¡ctures (boür o<isting and proposed) on the land to besevered:
Desoiption of land intended tobe retained: (Accurate Meaprrreme,¡6 i¡ Metric)E¡^-r^-^ I ¿.1,¡ f) ^ (l lgs'.sa^)
Existing Use H._qr,'c+/l^ro /
Number and useYf buíldings and stt¡ctures
Proposeo tJse l4arìcu/y'¿,rn /.
'trea /L.J/4 Lcârns
45OSußet DriE
St'fhomæ,0n N5R5V1
Phme:519 631.1460
ww¡lgn{ounty,on.€
ELGIN COUNW.LAND DMSION.COMMITTEE
-'u-
on fte land to be retained:
Staff Report D2011-26 regarding "Szorenyi Consents E50-
53/11".
Page 151 of 313
LoLS
Address 2o ê;þ-son
Telephone Number
Name of ou¡ne/s solicitor or auüoized agent
Addrcss â ê,1t"
Telephone Number,
Please speciff b whorn alloommunicaf¡ons shouH be se¡t
Owne¡s (' ) Sol¡citor ( ) Agedt çX,)
lease
corec{ion of tiüe
oüerpuçose
(b) Name of percon(s), if knorn, towhonr tand orir¡tercSin lar¡d isb behansfened, leased orchaged:
Goncession no. Rltc-L.L
Lot(s) No.Regbbred Phn No. 3o{ .
No.,---_ -
aftcliæ the subject tand?
Yes ( ) No (X [yes, describe üre easenrer¡t or corcnant and iF efrect:
5' Descdptíon of land inbrded to be seræred: (Accüratê lueasurerner¡b in Metic)
Frontage
Exiding Use
f)ærytt .<ö.71 Area
Proposed Use
severed:
Desc¡iption of land ¡nbnded b be etained: (Accurlate Ueasuç1r.tin.l,,få'ii¡
450surEdùip
*ffigtf¿il'
Ef rucsharrn.ffi
(c)
4. (a)
(b)
APR 1 g 2011
3' (a) Type and purpose o[nroposed bansadion: (cùed< appropriaÞ space)
TransÞn , ,i , , .qealionofanarlot Other ctraçe
--. additionbalot
æement
lf a lot addltion, ideffi the hnds b wh¡dl üe parod will be added:
on the land to be rebined:
Staff Report D2011-26 regarding "Szorenyi Consents E50-
53/11".
Page 152 of 313
r.{r iì ¡ g ;iJì l
Lu*/
¡irt
F 'i'fr 5 g zÍ. Ir -
Name'ofapprovalauhority ELGINCOUNÍY_|.ANDDMSION.COMM|TTEE
Name of Onrner
t.
2.
Address 9" A'k"
TelephoneNumber ,,r*,,ç; x.çt+=.+ y
-
ulu tv'ttr'//''
Name of orne¡'s solicltor or auüodzed agent
Address îoê;1"u, Ennne -¡/Áu,Jo*
Telephone Number ... .f/3 =,X-/2 -3^f. f taluVle +r/S J
Please speciff to whom allcommunicalions should be sent
owners( ) Soticiþr'( ) AgefiXl
(a) Type and puçose of prcposed bansacfion: (check apprcpriate space)
Transfen ,, Y,,,.creationoúanewlot Ohe¡: charge
.- 'addiüonbalot
easement
lease
conection of tiUe
oher purpoae
(b) Name of person(s), if knomr, to whom land or ¡r¡bresil in land is b be bansfened, leased or
charged:
/t'lnKn^¿/lf)
(c) lf a haddition,the hnds b wtridr ttre parcelwill be added:
i cnb/e
4. (a)Location of land:
Jê
(b)
Frontage
Existing Use
Description of hnd intended to be Eta¡ned: (Accurate Measurernents inFmnl¡æ /4n,?1 ^--r ' , -i t Vlss's#fù
Municipa[ty
Lot(slNoPltE )) !.13 Reg¡stered plan No. 2Oç
Name of Street.\ anafrlhr¿ n /lo/. Sûeet No..
Arc therc
"ty *rãlt or rcsüidÌne corænants afrecüng the subjed land?
Yes ( I no gXl fiyes, descnbeüreeasementorcorænantand itseffect
5. Description of land ¡nþndd to be senrered:(Accurate Measuremenb in Meüic)
Gonæssion No. [?/Òc¿ C
DrelÍdn -<2.27 Aræ /oté se.n.
Propqsed Use ,
severed:
Frontagp Deeth ',rrid,^kV"'frå lL. j4,l l-ec-àn.s.
Þdsting Use
45f¡ Suìset DdË
SLlhqDæ.0n NsRStl
Phonc í9631.14@ìÌilcttlqftry.m,€
Numberand uslof and stn¡cù,¡rcs on the land to be rltained:
Staff Report D2011-26 regarding "Szorenyi Consents E50-
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Page 153 of 313
lBl Group
203-350 Oxford Street West
London ON N6H 1T3 Canada
519 4727328
519 4729354
tel
fax
Memorandum
To/Attention
From
Subject
Municipality of Bayham
Tamara fanni5, MCP, MCIP/RPP
Date May 26,2011
ProjectNo 3404-505
Soreny Farms: Consent Applications No. E50/11 to E53l11
Lots 2, 3,4,5,12, 13, Block C, Registered Plan 205
Sand¡own Road, Donnelly Drive, Mill Street, Sfaffordville
Purpose
The landowners have applied to sever four parcels of land from an approximate 17 ha parcel in the village
of Straffordville.
The four consent applications provide the following proposed lot dimensions for each:
Subject Lands:
The subject lands a¡e part of Block C, Registered Plan 205. The subject lands are desigaated Residential in
the Municipality of Bayham Official Plan and are zoned Village Residential Holding (Rl-h), Schedule 'F',
Map No. l, in the Municipality of Zonin9By-law 2A56-2003.
The Rl zone requires a minimum lot area of 900 m', a minimum lot frontage of 20 m and a minimum lot
depth of 45 m.
Registered Plan 205
The submitted suwey map, prepared byKim Husted Suweying Ltd, identifies the subject lands as being
comprised of a portion of the road allowance of Donnelly Drive and six lots on Block C, Registered Plan
205, those being: Lots 2,3,4,5, 12 and.13. The Land Registry PIN35345-0183 identifies the subject land
as Lots 1 to 13, Block C, Plan 205. Lots 2 and 3 have frontages along Donnelly Drive. Lot 4 has frontage
along both Donnelly Drive and Sandytown Road. Lot 5 fronts onto Sandytown Road, while Lots 12 and
13 front Mill Street. All streets are unopened road allowances. Sandytown Road is a road allowance
betweenLots I23 and 124 (PIN35345-0166).
According to the measurements identified on Block C, Registered Plan 205: Donnelly Drive Road
allowance has a width of 20.11 m; Lot 2has a lot frontage of 20.11 m; Lots 3 and4 have lot frontages of
I4.9 m; Lot 5 has a lot frontage o120.9 m; and Lots 12 and 13 have lot frontages of 17 m. Lot depths for
Lots 2 to 5 and Lots 10 and ll are 40.2 m. Only Lots 2 and 5 meet the minimum lot frontages of the Rl
zone. All of these lots do not meet the 45 m lot depth requi¡ement of the current Rl zone.
IBI Group is a group of frrns providing professioml sewices and is afñliated with IBI Group Architects
Applicetion Proposed Lot Frontage (m)Proposed Lot Depth (m)Proposed Lot Area (m)
E 50/11
20.17 (lot created in
Donnelly Dr road
allowance)
45 901
E 51/11 20.t7 48.13 942
F,52ltt 20.17 50.21 984
E 53/11 20.l',t s2.29 1,026
Staff Report D2011-26 regarding "Szorenyi Consents E50-
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Page 154 of 313
IBI Group Memorandum
Municipality of Bayham - May 26, 2011
Analysis
The 4 consent applications to sever 4 parcels ofland from a larger tract ofland is not the appropriate
application at this time. The subject lands are subject to the lot configuration of Block F in Registered
Plan 205.
The landowners are proposing lot line readjustrnents rather than the creation of 4 new lots. As a result, the
current proposed lot realignment creates a remnant lot in Block C that will not meet the minimum Rl lot
depth requirement in the Rl zone (I¡t 13, Block C, Registered Plan 205).
The appropriate request would follow the following logic for each application:
. E50/1 I t¿kes a portion of the Donnelly Drive road allowance, Block C, Registered Plan 205
where Donnelly Drive connects with Sand¡own Road
o Eíl/ll requiresportionsofLots 2,3 and4 andaportionoftheDonnellyDriveroadallowance,
Block C, Registered Plan205 to create a new parcel with frontage along Sandytown Road;
o E52lll requires that portions of Lots 2,3 arLd 4 be consolidated to create a parcel fronting
Sandytown Road; and
o E53/11, requires that portions of Lots 2,3 and 4 and Lots 12 and 13 be conveyed to Lot 5, Block
C, Registered Plan 205.
The result of these lot line readjustments are potentially 3 parcels that do not meet ¡þs 2ening requirements
of the Rl zone including:
. Lot 2: a sliver of land that should be conveyed to Lot 1, Block C, Reg. Plan 205);
¡ Lot 13 where halfofthe lot depth has been removed; and
. Lot 12 where a portion of land should be conveyed to Lot 5, Block C.
Required Action
Council has two approaches to resolve the proposed applications. One approach would be to pass a By-
law deeming the registered plan (Registered Plan 205) to not be a plan of subdivision. The second
approach would require that the landowners apply for Part-Lot Confrol exemption, wherein Block F, Plan
205 would be exempt from Part Lot Control (i.e. permit the lots to be realigned). This would require that
the lot line readjustments would have to conform to the current lot arealfrontage/depth requi¡ements of the
current Rl zone regulations, but would also allow the creation of a lot on the 'unopened road allowance.'
Part-lot Control
Part Lot Control Exemption By-laws are normally used to permit the further subdivision of existing lots in
a registered plan into smaller parcels (e.g. for townhomes). It is also used to perrnit the creation of lot
lines within a Block on a registered plan of subdivision. The Planning lcl, Section 50(7) authorizes
municipalities to pass byJaws to permit whole blocks and lots within ¡çg¡s¡"red plans to be further
divided. Council may pass a by-law exempting land situated in a Registered Plan from part-lot conhol to
allow the division of these lands into smaller parcels, make minor boundary adjustments, or establish
maintenance easements by way of a Reference Plan. Exempting land situated in a registered plan from
part lot control would allow a reference plan that changes existing lots lines to be registered on title. The
subject lands would propose 'minor boundary adjustments'.
Some municipalities do not permit part lot control applications for lot line readjustments in approved
subdivision plans.
Removal of Straffordville lands from Registered Plan 205
Staff Report D2011-26 regarding "Szorenyi Consents E50-
53/11".
Page 155 of 313
IBI Group Memorendum
Municipality of Bayham - May 26, 201 I
If Council so chooses, it may pass a By-law to deem Registered Plan205 as not to be a registered plan of
subdivision for the purpose of Section 50(4) of the Planning Act:
50(4) . -The council
of a local municipality may by by-law designate any plan of subdivision,
or part thereof, that has been registered for eight years or more, which
shall be deemed not to be a registered plan of subdivision for the
purposes ofsubsection (3). 1983, c. 1, s. 49 (4).
Should Council decide to deem Registered Plan 205 as not a registered plan, village of
Straflordville may be subject to incremental lot severance applications.
Conclusion
The current applications reflect lot line readjustments within a registered Block. It may be that Council
could exempt the Block from Part Lot Control, to permit the realignment of the lot lines within the block.
This would ensure that any new lot formation would meet the Rl zone regulations and that no road
allowance would be used nor remnant piece of land would be created (such as the current severance
applications create). A time limit is nonnally given to this form of application (e.g. I to 3 years). The
Part Lot Control By-law exemption would be registered on title for the subject lands.
Or, Council could deem Registered Plan 205 to not be a registered plan for the village of Straffordville. In
such a case, Council may then require the landowners to submit a plan of subdivision for the subject lands
to eosure conformity with the cr¡rrent Offrcial Plan policies and Zoning By-law regulations, as well as
meet the municipal servici.g requirements. Such an approach would allow the Municipality (through
Municipal Affairs & Housing/County of Elgin) to request a Subdivision Agreement.
Council should refuse approval of Consent Applications E50-11 through E53-l I until such
time as they have received legal advice and/or decided on which method they would prefer
to take (deeming the plan to be not registered or to exempt the lands from Part Lot Connol).
frls
IBI GROT'P
Tamara Tannis, MCP, MCP/RPP
Consulting Planner to Municipality of Bayham
Staff Report D2011-26 regarding "Szorenyi Consents E50-
53/11".
Page 156 of 313
7
EVENT ROAD CLOSURE RBOUEST FORM
Name of Organization Making Request -
Name of Special Event -
Date of Special Event -
Start-time of Event -l/ .4m Finish -/ 2 /Uaan,
Route - (Also nrovide mapì /,;
Maximum Number of people expected to attend -
Any Special Needs -
Ontario Provincial Pol ice
42696 John Wise Line
R.R. # 5
St. Thomas, Ontario N5P 3S9
Phone: 519-631-2920
Fax: 519-631-2923
Cell; 519-878-6029
Elgin-St. Thomas EMS
Duty Manager
Fax: 519-637-3484
Phone: 5194374098
Tillsonburg Fire Dispatch
80 Concession Street East
Tillsonburg, ON N4G - 428
Phone: Sl 9-842-2905 (non-emergency #)
Faxl-519-842-2190
Central Ambulance Communications Centre
l5l0 Woodcock Street, Suite #20
London,ON N6H5Sl
Phone: 519-661-1784 Fax 519-661-1799
Specifïc Request (Road Closure, Traffic Control etc.) -
Applicant Organization's
& Signature
(
2
Event Road Closure Request Form from Port Burwell Historical
Society regarding "Canada Day Celebrations".
Page 157 of 313
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MUNICIPALITY OF BAYHAM
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Event Road Closure Request Form from Straffordville Community
Committee regarding "Straffordville Watermelon Fest."
Page 159 of 313
HAMI--T OF STRAFFOROVfLLE
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Municipality of Bayham
Building Permits
For The Month of Mav 2011 File: PlO
Jun-02-2011
No.Date Roll #Permit
Holder
Property Description Building
Tvpe
Value Permit
Fee
Septic /Sewer
Fee
24 3-Mav 0-002-15310 Mill Hill Canada Inc 7057 Plank Road one storey house w/ roofed over Dorch 272lsq ft 164,000 1500.0(375.01
25 3-Mav 0-007-l 1700 Wall-Ex Inc 9240 Richmond Road rerrlace exisfino smfic svstm 5-000 375.0(
26 5-May 0-006-18400 Reddecooo. Heinrich I 1590 Plank Road relocate existins detached earaee 568so ft 2.000 97.0C
27 5-May 0-006-18702 Banman, Peter I 1563 Plank Road install storase shed in backyard l92sq ft 3.00(80.0c
28 5-May 0-001-09500 Woodwofh. Joanne 4899 Plank Road construct patio deck extension 224sq ft 6.00(80 0c
29 5-Mav 0-004-12510 Anderson. James 58 132 Heritaee Line construct storage shed 836sq ft 15.00(481.0(
30 9-May 0-008-l 05 l 0 Fehr. John 53526 Calton Line :eDlace existins seotic field bed 2.00(265.0(
31 l2-May 0-002-05500 Petierew. Randall 6423 Plank Road :onstruct natio deck 3 I 2so ft 3.50C 80.0(
32 l7-Mav 0-004-10419 Rocheleau. Leon 56886 Heritase Line )onstruct Datio deck 224sq ft 1.50(80.0(
33 20-Mav 0-004-l 0421 leters, Jacob 56906 Heriase Line :onshuct patio deck 400sq ft 2.50(80.0(
34 20-Mav 0-04-13300 Friesen, Heinrich 10060 Plank Road interior renos & add one storey addition 6l6sq ft 40.00(522.0(375.0(
35 24-Mav l-006-06s20 Peters, Bernard 10528 Plank Road :onstruct oole barn l920so ft 15,00(541.0(
36 25-Mav l-006-l l70l Manicom. Don ll98l PlankRoad install storase shed l20so ft 2,30(80.0(
37 27-Mav )-006-l l 701 Manicom- Don 11981 PlankRoad lonstruct Datio deck to existins mobile 240so ft 3,00(80.0(
38 27-Mav )-006-06520 Peters. Bernhard 10528 Plank Road ronshuct two patio decks to exisitine house 2,50(80.0(
39 27-Mav ¿-001-06500 dniva¡o lnvestments Ltd 25 Victoria Street install bathroom in exisitine house 40so ft 4-00(150.0(
Mav-ll 271300 3.931.00 1390.0(
¿011 YEARTO DATE 9s2.8ss 12.698.00 24E0.0(
Mav-l0 E6s.9s(7.E00.00 1125.0(
2OIO YEAR TO DATE 2_093-86(19-981.00 22sO.01
Prepared by:
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Page 162 of 313
ç(J
P.r
C4 iltÞt
June 7, 2011
Mayor, Deputy Mayor and Councillors
Municipality of Bayham
Straffordville, Ontario
Dear Sirs,
Due to recent events and subsequent complaints for noise at Outback Camping, l'm writing to request
amendments to the noise by-law in hopes of saving both time and tax payer money.
We all know issues with noise at Outback Camping, and its predecessor Country Camping, have been on-
going for years - I believe it's time to do something about it in order to make the situation both easier to
police, and better for everyone involved.
We propose the by-law be amended to include measureable standards in order to clearly define
whether a complaint is just opinion - or a nuisance - or whether there is substantiated fact to support
an actual by-law breach.
Attached please find the noise by-laws from both Toronto and London. Although obviously Toronto is
not very representative of our rural realities ... the document outlines how to measure, the equipment
necessary and defines the measurements for different sources and locations. The London document
(Page 6) shows that their measureable is 90 db 100 from the source property. The London document
also defines community festivals that are exempt from the by-law - and specifies the definition of a
community festival ... and how one can apply for such designation (including the merits of the festivalto
the community, economic benefits, etc.)
Correspondence dated June 7, 2011 from Outback Camping
regarding "Request for Noise By-Law Amendment".
Page 163 of 313
We realize changing opinions about Outback Camping is a continuous uphill battle - and that many of
you have been so badgered by Chris Churchill that it's difficult to see past her negativity, but trust that
as Council, you will remain open minded to hear our justifications for amending the by-law;
- Local businesses that make a substantial income from Outback Camping include; the McGee's of
Port Bunrell who are contracted almost every weekend, Sunshine Restaurant who catered May
24fr's backstage rider requirements for bands, Affordable Portables from Belmont, Wilson
landscaping, Castles Hardware, Aylmer Express for printing and advertising, Studers for ice, a
local wood supplier, and a water supplier. These contracts alone total over SS0,OOO.OO
WITHOUT INCLUDING THE ECONOMIC IMPACT OF THE CAMPERS AT LOCAL BUSINESSES. As
previously sent, but attached again for the Chamber of Commerce's benefit, that economic
activity is estimated at over 51,000,000 over the summer. lf Outback closes down, this income
source will disappear for these members of the community. Do you honestly believe all of
Outback's neighbours combined generate this amount of business?
- From what I understand, ¡t costs the tax payers of Bayham SSS0 every time the OPP come to
investigate a complaint. lf it was proven we were below the designated allowable DB within a
designated point of reception ... the Municipality could prove the complaints were just opinion -
and/or nuisance.
- Outback events are becoming main stream and commercial. Port Bunruell benefìts from this. On
May 24ú weekend we were covered by A Channel and by FM 96 ... all saying Port Burwetl's
name. We now have sponsorship interest and the Beat in Kitchener is on board to promote the
July 1r weekend. lt ¡s no longer a biker hang out with crazy naked people. Events like Sarnia
Bayfest, Hiawatha and Troudeau Park also cater to this lucrative market.
- Many police themselves don't understand the comptaints. On May 24th weekend we asked an
officer responding to a complaint at 2:00 a.m. if he heard anything from the front gate. He
responded he didn't hear anything, however, because he had received 3 complaints ... they had
to pursue it.
- We are worried that with the neighbour calling "wolf' so often, if something serious actually
happened where we needed their assistance, they'd ignore it.
- St. John's Ambulance don't understand what the problem is. A member of St. John's camped
overnight on the May 24th weekend and said he expected it to be a lot noisier. Their team said
they thought the crowd was friendly and engaging ... completely opposite to what they were
warned they might encounter. Raymond Ormorande's phone number is (519) 673-9979 it you
would like to hear his story first hand.
- An Officer with Team Leader Brian Watson was pleased we were searching cars for glass and
being so diligent with our entrance procedures. The police were invited on site to do walk
throughs - something the previous owner wouldn't allow. Again, their motivation for wanting to
come on site was at the result of the never ending complaints specifically from one neighbour.
Correspondence dated June 7, 2011 from Outback Camping
regarding "Request for Noise By-Law Amendment".
Page 164 of 313
- Nothing we do will appease the Churchill's. I believe this issue is personalfor her. I think she
will miss the drama if Outback closes down. Country Camping was there before they bought
their property. Both the previous owner and Mike have offered to buy her property, offered
compensation, and even offered to pay for her to go elsewhere for the designated event
weekends. She has, admittedly, refused all. ln fact, I witnessed Mike Timmermans asking what
he could do to make her happy. Her response was "there is really nothing you can do."
- Outback will cease to operate after this summer if something isn't done. That means all
economic benefits to area businesses will cease.
- Although the Churchill's say they are inconvenienced and uncomfortable for the long weekends
of the summer - they have made Mike's (the owner's) life uncomfortable for 365 days of the
year. The neighbours (we assume) have damaged directional signage, have recently dug posts
on his property and started to erect a fence without permission, tried to drain his pool, dumped
garbage on his lawn and various other acts of mischief. No formal complaints have been made
because we do not wish to inflame the situation any further. However, every time Mike walks
out of his house, or drives home after 11:00 p.m. with his stereo on in his truck - there is a
possibility of a compla¡nt - not to mention the on-going negative campaign against him and his
business. Try living under that kind of microscope.
Instead of putting up roadblocks for Outback Camping, we believe that ¡f the Municipality supported
this growing income generi¡t¡ng business - the promotional tourism opportunities and benefits
would be tremendous. There is no reason Port Bururell couldn't have an event site like that of
Sarnia Bayfest, or Hiawatha, or Troudeau Park. All of these enterprises started out as private
ventures ... and, specifically in the case of Sarnia Bayfest, has now become a community supported
not for profìt.
Port Bunruell needs every ounce of help it can get. The choice is yours ... take advantage of an
opportun¡ty to create and support a potentially lucrative economic driver - or give all area
businesses the message that Bayham is closed for business. Opportunity is not "Yours" -
Opportunity is Lost. Please help area businesses by making the noise by-law fair, equitable - and
measureable.
Thanks for your time and consideration.
Karen Cummings
c.c. Mike Timmermans
Team Leader Brian Watson, OPP (thru Amy Uren)
Administrator Kyle Kruger
Clerk Lynda Millard
Correspondence dated June 7, 2011 from Outback Camping
regarding "Request for Noise By-Law Amendment".
Page 165 of 313
Otter Valley Chamber of Commerce President, Rainey Weisler
Correspondence dated June 7, 2011 from Outback Camping
regarding "Request for Noise By-Law Amendment".
Page 166 of 313
Noise By-law
PW-12 - Enacted May 4,2009
- ln Force July 1, 2009
This by-law b printed under and by authority
of the Councll of the City of London, Ontario, Canada
Dlsclaimer:
The îailow¡ng ænælidat¡on ls an eleúotúc reproduc,tion
made eva¡laüe fü hlünalion oaly, lt
,s not an ofrclal llarslr,n of the byJaw. Tln îønat may be
d¡trqent, and plans, plci)res, othu gnphìcs t lext mdy be
m¡sshrg ú altered, The Cfry of Lorrdú dæs not watant the
aæuacy ot this deúonlc rcrsf¡n. This ænddafion
@nnot be dís,¡¡buled ü uæd 1ü æmmeftlal putpoæs. lt
mdy be uæd fü útot prpoæs only f yu rcpeat th¡s
disdalmer end ihe notíce of æpyrighL Officbl vers:,ons of àtl
bylaws æn be obþíned frqn the C¡ty Clê¡k's Depatunenl
by cal I ìng (1 -51 9) -661 1tu5.
Copyflght 2001
LondonGANADA
Correspondence dated June 7, 2011 from Outback Camping
regarding "Request for Noise By-Law Amendment".
Page 167 of 313
Bill No.217
2009
By-law No. Pll/-12
A by-law to provide for the Regulation and
Prohibition of Noise.
WHEREAS secfion 9 of the Municipal Act, 2001 , S.O. 2001, c. 25, as amended,
prcvides that a municipality has the capacity, rþhts, powers and privileges of a natural person
for the purpose of exercising its authority under this or any other Ac{;
AND WHEREAS subsedion 10(1) of lhe Municipal Act, 2@l prcvides that a
municipality may provide any service or thing that the municipality considers necessary or
desirable for the public;
AND WHEREAS subsedion 10(2) of lhe Municipal Aq 2AU provides that a
municipality may pass by-lauæ respecÍirg: in paragraph 5, Economic, social and environmental
uæll-.being of the municipality; in paragraph 6, Health, safety and well-being of persons; in
paragraph 7, Services and things that the municipality is authorized to prcvide under subsection
(1); in paragraph 8, Protec{ion of persors and prcperty; in paragraph 9, Animals; in paragraph 9,
Structures induding fences and sþns;
AND WHEREAS sedion 129 of the Municipal Act, 2W1 provides that, wÍthout
limiting sections 9 and 10 of the Ad, a municipality may: (a) prohibit and regulate with respecf
to noise, vibration, odour, dust and outdoor illumination, induding indoor lighting that can be
seen outdoors; and (b) prohibit the matters described in dause (a) unless a permit is obtained
from the municipalþ for those matters and may impose conditions for obtaining, continuing to
hold and renewing the permit, indudirg requiring the submission of plans;
AND WHEREAS section 128 o1 lhe Municípal Act, 2001 provides that a
municipality may prchibit and regulate with respect to public nuisances, including matters that,
in the opinion of Council are or could become public nuisances;
AND WHEREAS in the opinion of Council for the City of London, certain kinds of
noise are or could become a public nuisance;
AND WHEREAS subsecfion 391(1) of lhe Municipal Act, 2001 provides that a
municipality may impose fees and drarges on persons,
(a) for services or aclivitiæ provided or done by or on behalf of it;(b) for costs payable by it for services or activities provided or done by or on behalf
of any other municipality or any local board; and,(c) for the use of its properly induding properly under its contrcl;
AND WHEREAS sedion 444 of lhe Municipal Act, 2@1 pmvides that the
municipality may make an order requiring the person wtro contravened the by-law or who
caused or permitted the contravention or the ou¡ner or occupier of the land on which the
contravention occuned to discontinue the contravening activity, and any person wto
contravenes such an order is guilty of an offence;
AND WHEREAS secfion 447.8 of the Municipal Act,20ol prcvides that a by-laur
of a municipality made under this or any other Act may,(a) adopt by reference, in wtple or in part, with sucfr changes as the council
considers appropriate, any code, standard, procedure or regulation as it stands
at a specific date, as it stands at the time of adoption or as amended from time to
time; and(b) require compliance with any code, standard, procedure or regulation so adopted;
AND WHEREAS sedion 195 of the Híghway Tratric Act, R.S.O. 1990, c. H.8
prcvides in seclion 195 that 'lf a provision of a municipal by-law passed by the council of a
municipality...for regulating noise...created by the operation of motor vehicles on the
highways...is inconsistent with this Act or the regulations, the provision of the bylaw shall be
deemed to be repealed upon the inconsistency arising";
AND WHEREAS sec{ion 179 of the Environmental Protection Acl R.S.O. '1990,
c. E.19 provides in sedion 179 'Where a conflict appears between any provisions of this Act or
the regulations and any other Act or regulation in a matter related to the natural environment or
a matter specifically dealt with in this Act or the regulations, the provision of this Act or the
regulations shall prevail';
Correspondence dated June 7, 2011 from Outback Camping
regarding "Request for Noise By-Law Amendment".
Page 168 of 313
THEREFORE the Municipal Council of The Corporation of the City of London
enacts as follows:
PART I
DEFINITIONS1.1 For the purpose of this by{aw:
"Agricultural Operation' has he same meaning as contained inlhe Farming and Food
Ptoducüon fuotection Act, 1998, S.O. 1998, C. 1, as amended, or any successor þislation;
?nimal" rneans any member of the animal kingdom, other than a human, and without limiting
the çnerality of the foregoing, includes dogs, cats, and birds;
"Cit/ means The Corporation of the City of London;
'Community Event (Classl)' means: the Westem FairAssociation's annual week-lorg Westem
Fair held at the Westem Faiçrounds; the annual week{ong orientation events and campus life
events that are held on campus at the University of Westem Ontario and afüliated colleges; and
the annual uæek-long orientation events and campus life events that are held on campus at
Fanshawe College;
'Community Event (Class 2)" means: an event open to the public, induding a public fair, public
exhibition, public celebrat¡on, publ¡c sport¡rìg event, public concert; or a univeaity or college
event; or a scfrool board event. A Community Event (Class 2) does not indude a Sæcial Event
or a Community Event (Class 1);
"Comtrudion' indudes erec{ion, alteration, repair, dismanting, demolition, stn¡ctural
maintenance, painting, moving, land dearing. earth moving, grading, excavating, the laying of
pipe and conduit whether above or below ground level, street and highway building, concreting,
equipment installation and alteration and the struc{ural installation of construdion components
and materials in any form for any purpose, and indudes any uork in connection therewith;
'Conveyance' includes a vehide and any other device employed to transport a person or
persons or goods ftom place to place but do€s not indude any sucfr device or vehide if
operated only within the premíses of a person;
'Council'means the Council forthe City;
'Hearings Committee" means a person or body that has beefl delegated the poryer or duty to
hold a hearirB or provide an opportun¡ty to be heard forthe purposes of this By-law;
'Manager of By-law Enforcemenf means the Manager of By-law Enforcement for the CiÇ, or
his or her designate;
"Municipalit/ means the land within the geographic limit of the City of London;
'Normal Farm Pradice' has the same meaning as contained inlhe Farming and Food
Production Protecl¡on Ad, 1998, S.O. 1998, C. 1, as amended, or any successor legislation;
'Point of Reception" rneans any point on the premises where sound originating from other than
those premises is received;
'Residential Area" means aîy area of the Municipality where residential use is permitted under
the provisions of lhe City's Zoning Bylawfrom time to time, indudirg but not limited to land
zoned R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, or R1l;
'Rural Area' means land in the Municipality zoned AG, AGC, or UR from time to time under the
City's Zoning Bylaw;
'Special Evenf means a Special Event as dellned in the City's Special Events Policies and
Procedures Manual, and that is recognized by the City æ a special event;
'Stationary Source' means a source of sound r,r/hicfi does not normally move from place to
place, and includes the premises of a peæon as one stationary source unless the dominant
source of sound on those premises is Construclion or a Conveyance;
1.2 Any uord or term not defined in this By-law, that is defined in the Ontario Ministry of
the Environment Publication Noise Pollution Control NPG101, 1O2, 103,'l0/., 115,205,
206,2'15 or 232 (as set out in Part 3 of this By-law) shall have the meaníng ascribed to it in
such NPC Publication.
Correspondence dated June 7, 2011 from Outback Camping
regarding "Request for Noise By-Law Amendment".
Page 169 of 313
PART 2 - QUAUTATIVE NOISE PROHIBIT|ONS
General Prohibition
2.1 No person shall make, cause or permit an unreasonable noise, or a noise that is likely to
disturb the inhabitants.
Prohibitions - deemed
2.2 W¡thout limiting the generality of secfion 2.1 of this By-law, the provisions of secfions 2.3
through 2.4 shall be deemed to be unreasonable noise, or noise that is likely to disturb the
inhabitants.
Prohibitions - deemed - any time, any location
2.3 At any time or location in the Municipality:
Vehicle - Wamlng Device - Unreasonable Period
(a) the soundirg of any bell, hom, siren or other waming device on any rnotor vehide or
vehide for an unnecessary or unreasonable perio<t of time, except when permitted by
la¡r;
Vehicle - Disrepair - Maladjustment
(b) the grating, gdnding or rattling sound caused by the condition of disrepair or
maladjustrnent of any rnotor vehicle or vehide or part or accessory thereof;
Vehicle - Load - lmproperly Secured
(c) the sound created by the operation of any motor vehide, trailer or other vehide b€ting
material, artides or thirgs that are loaded upon suctr vehide in such manner as to create
excessive noise;
Vehicle - Exhaust- except through mufiling device
(d) the sound from the discfraçe into the open air of the exhaust of any steam erpine,
intemal combustion ergíne (induding the engine of any motor vehide), or pneumatic
device without an effedive exhaust or intake muffling device in good r¡vorking order and
in corstant operation that prevenb excessive noises that are loud or explosive;
Vehicle - Speakers
(e) the sound from or created by any radio, amplifier, loud speaker, public address system,
or equiprnent, device or instrument that emib sound when the same is used or operated
ftom any motor vehide, trailer or vehide trat is dearly audible at least 8 rretres (25 feeQ
from the vehicle;
Atbacting attention - to Performance - Advertising
(f) the sound fr,om or created by any inlrument radio, amplification device, loud speaker,
public address system, equipment or device that emits sound wtpn the same is used or
operated for the purpose of advertising or for attracting attention to any performance or
sale, show or display of goods or services and projeds suctr sound into any street or
other public place;
Whisüe - attached to boiler- other mechanism
(g) the sound frrom any steam whistle or air whistle attached to or used in connec{ion with a
boiler or other machine or mechanism, except for the purpose of giving notice of the time
to commence or cease worlç or as a waming of danger;
Alarm-Waming Device
(h) the sounding of any alarm, bell, hom, siren or other waming device for an unrìecessary
or unreasonable period of time.
Prohlbitions - deemed - Residential Area
2.4 At the specified times and dearly audible at a Point of Reception in a Residential Area:
Animal - any time(a) the persistent sound by any Animal under the care, control or ownership of the person
that is dearly audible at a Point of Reception in a Residential Area at any time;
Amplified Sound - television - stereo - speakers - amplifiers - any time
(b) the sound created by any elecÍronic device or group of connecfed elecfronic devices
incorporating one or more loudspeakers or other eleclremechanical transducers
intended for the produclion, reprodudion or amplification of sound, including but not
limited to a radio, television, amplifier, loud speaker, public address system, sound
equipment, that is dearly audible at a Point of Reception in a Residential Area at any
time;
Correspondence dated June 7, 2011 from Outback Camping
regarding "Request for Noise By-Law Amendment".
Page 170 of 313
Shouting, Yelling, Loud Hooting, Loud Whistling, Loud Singing - any time(c) any shouting, yelling, loud hooting, loud whistling or loud singing that is dearly audible
at a Point of Reception in a Residential Area at any time;
Construction - Excavation - 6 p.m. to 7 a.m.(d) lhe noise arising from Construction that is dearly audible at a Point of Reception in a
Residential Area between 6:00 p.m. and 7:ff) a.m. of the following day (or 9:00 a.m. if
the following day is Sunday);
Firearms - discharge - 9 p.m. to 7 a.m.(e) the sound caused by the discharge of any gun or other firearm, air gun, springgun of
any dass or type that is dearly audible at a Point of Reception in a Residential Area
between 9:ü) p.m. and 7:00 a.m. of the foflowing day (or 9:00 a.m. if the following day
is Sunday), except if lawfully discharged by a peace officer in the performance of their
duties;
Power Equipment- use - l0 p.m. to 7 a.m.(f) the sound caused by the use or operation of a la¡mmower, chain-saw, leaf-blower, or
any other sucfr rnisegenerating tool or device that is dearly audible at a Point of
Reception in a Residential Area between 10:il) p.m. øÍ any day and 7:fi) a.m. of the
next follouring day (or 9:ü) a.m. if the following day is Sunday).
PART 3 - OUANT]TATIVE NOISE - STATONARY SOURCES
ADOPTION OF STANDARDS AND PROCEDURES
3.1 The folloadng Ontario Ministry of Environment Publications (NPC - Noise Polltrtion
Contrcl) standards and procedures are adopted and incorporated by reference into this by-law:
NPC 101 - Technical Definitions, as set out in the Ministry of the Environment's
'Model MunicipalNoise ControlBy-lan, Final Report, August 1978";
NPC 102 - lnstrumentation, as set out in the Ministry of the Environment's 'Model
Municipal Noise Control Bylaw Fínal Report, August 1978";
NPC 103 - Procedures, as set out in the Ministry of the Environments 'Model
Municipal Noise Control By-law, Final Report, August 1978";
NPC 104 - Sound Level Adjustments, æ set out in the Ministry of the
Environments'Model Municipal Noise Contrcl By-laur, Final Report,
August 1978';
NPC 1 15 - Construdrbn Equipment, as set out in the Ministry of the
Environmenfs'Model Municipal Noise Control By{aw, Final Report,
At¡gust 1978';
NPC 205 - Sound Level Umits for Stationary Sources in Class I & 2 Areæ
(Urban), dated October 1995;
NPC 206 - Sound Levels Due to Road Traffic, dated October 1995;
NPC 216 - Residential Air Conditioning Devices, dated Oc*ober 1993;
NPC 232 - Sound Level Limits for Staüonary Souræs in Class 3 Areas (Rural),
dated Odober 1995
QUANTITATIVE NOISE PROHIBIT|ONS
3.2 No person shall emit rr cause or permit the emission of sound from a Stationary Source
sudr hat the levd of sound from that source at the Point of Reception:
(a) in a Residential Area exceeds the applicable sound level limit prescribed in publication
NPG205- Sound Level Limits for Stationary Sources in Class 1 & 2 Areas (Urban),
dated Odober 1995; or
(b) in a Rural Area exceeds the applicable sound level limit prescribed in publication NPC-
232 - Sound Level Limits for Stationary Sources in Class 3 Areas (Rural), dated
Odober 1995; or
(c) in a Residential Area exceeds the applicable sound level limit presøibed in publication
NPG216 - ResidentialAir Conditioning Devices, dated October 1993.
3.3 lffhere a source of sound is subjeci to moré than one subsedion in section 3.2, the least
restridive provision shall prevail.
Correspondence dated June 7, 2011 from Outback Camping
regarding "Request for Noise By-Law Amendment".
Page 171 of 313
PART ¿l - TEMPORARY NOISE PERMIT - CONSTRUCTION - COMMUNITY EVENT ICLASS
2l
Application for a Temporary Noise Permit
4.1 (1) Any person may submit an application for a temporary noise permit for Construdion or
for a Community Event (Class 2).
(2) The application in subseciion (1) shall be made in writing to the Manager of By-law
Enforcement, and shall contain all of the following:
(a) the name and address of the applicant;
(b) a desøiption of the event and ho¡r it meets the definition of Community Event (Class
2) or Construction;
(c) the location of the event or ac{ivity for rvñicfr the temporary noise permit is sought;
(d) a desøiption of the source of sound and þvel of sound for whicft the ternporary
rrcise permit is sought;
(e) the times of day, and the period of time (not in excess of six months) for which the
temporary noise permit is sought;
(0 the rcasons wtry the temporary noise permit should be granted;
(g) a statement of the steps, if any, planned or presently being taken to minimize the
noise or sound;
(h) a ron-refundable application fee of $75.00; and
(i) a temporary roise permit fee of $100.00, refundable if the application is not
approved.
(3) The following porer and authority 's delegated to the Manager of Bylaw Enforcement
with respecÍ to Consbr¡c{ion or a Community Event (Class 2):
(a) to'ssue a temporary noise permit; and
(b) to refuse to issue, cancel, revoke or suspend a temporary rnise permit, and to
impose conditions (induding special conditions) on a temporary rnise permit.
(4) ln making his or her determination under subseciion (3), the Manager of By-lavtr
Enforcement shall:
(i) determine whether the event falls within the deflnition of Construclion or
Community Event (Class 2);
(ii) consider any negdive effec{s the issuance of the temporary noise permit may
have on neighbouring prcperties or on the Cíty;
(iii) consider any benefits the issuance of ttre temporary roise permit may have for
neighbouring prcærties or for the City;
(iv) consider any prwious violations of this By-law or temporary noise permÍt
conditions by the applicant; and
(v) consider anything the Manager of Bylaar Enforcement reasonably considers
relevant.
(5) (a) The Manager of By-lar¡r Enforcement may impose conditions on a temporary noise
permit induding but not limited to:
(i) the type and volume of sounds that may be made;
(ii) the times during wtrictr sounds may be made;
(¡0 the date of expiry of the temporary noise permit (rrct in excess of six months);
(iv) requiring the posting of seorrity prior to the activity; and
(v) that the applicant, City staff or a prcfessional engineer monitor the sound levels
resulting from the event or adivity and require a report of the findings of the
engineer be f¡led with tte Manager of By-law Enforcement within 30 da¡æ of the
event or adivity, all at the applicant's expense.
(b) The Manager of By-law Enforcement shall impose conditions on a temporary noise
permit for Community Event (Class 2) with resped to:
(i) the volume of amplified sound that may be made; and
(ii) the tirnes during whicl¡ sounds may be made.
(c) The minimum conditions that the Manager of By-law Enforcement shall impose
under subsection (5[b) are:
(i) the volume of amplified sound that may be made shall not exceed a sound
pressure of at most 90 decibels beyond at least 30m (10O feet) from the source
of the amplified sound; and
(ii) the times during wtridr sound may be made shall be limited to the hours of 9:00
a.m. at the earliest and to 11 :00 p.m. at the latest.
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regarding "Request for Noise By-Law Amendment".
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(6) Where the Manager of By-lar Enforcement has made a decision under subsec{ion
(3Xb), he or she shall give written notice of that decision to the applicant by regular mail to
the last known address of that person. The written notice shall:(a) set out the grounds for the decision;(b) give reasonable partiorlars of the grounds;(c) be signed by the Manager of By-law Enforcement;(d) state that the applicant is entítled to a hearing by the Headngs Committee if the
applícant delivers to the City Clerk a request for a hearing within 10 days after the
notice is given, and pays the appeal fee of $150.
(7) Where no appeal is received within 10 days after the notice is given, the decision of the
Manager of By-law Enforcernent shall be fìnal.
(8) The Manager of By{arar Enforcement shall report to Council annually on the ternporary
noise permits issued and refused.
Hearings Committee
(9) Where the applicant requests a headng in accordarrce with subsecfion (6[d), the
Hearings Committee shall hold a hearing ín accordance with the Statutory Povnrc and
Prccedure Act.
(10) The Statutuy Powerc tuocedure Ac't, except sect¡-ors 17,17.1.18 and 19, applies to
the Hearings Committee.
(1 1) Subsedlons (4) and (5) of this By-law apply with necessary rnodifications to the
Hearings C;ommittee. The Hearings Committee shall recommend to Council that a
temporary noise permit be issued (irduding imposing any conditions), or that a temporary
noise permit be refused.
(f 2) Upon receiving the recommendation of the Hearings Committee, Council may direct
the Manager of Bylaw Enforcement to issue tlrc temporary noise permit (including imposing
any conditions), or refuse to issue the temporary noise permit.
Temporary Nolse Permit Expiry
4.2 Any temporary noise permit issued under this ByJaw shall expire on the date sd out on the
temporary noise permit, or if no date'rs set out on the temporary noise permit forty+ight hours
after its issuance.
Breach of Terms or Gonditions
4.3 Breach by the holder of the ternporary rnise permit of any of its terms or conditions shall
renderthe temporary noise permit null and void.
Offence - Fail to Comply with Terms and Gonditions
4.4 No holder of a temporary noisg permit shall fail to comply with the terms and conditions of
the temporary noise permit.
PART 5 - ENFORCEMENT
ORDERS
Order to Discontinue Activity5.1 lf a municipal laur enforcement ofücer or a London Police Service police officer is
satisfied that this bylaw has been contravened, the ofücer may make an order, known as an
Order to Discontinue Aclivity, requiring the person who contravened the by-law, or who caused
or permitted the contravention, or the owner or ocorpier of the land on wh¡ch the contravention
occuned, to discontinue the contravention.
Order to Discontinue Activity - particulars
5.2 An Order to Discontinue Adivity shall set out:
(a) the municipal address of the properly on whicfr the contravention occuned;
(b) the dateofthe contraventron;
(c) the reasonable partioJars of the contravention of the bylaw; and
(d) the date by whictr there must be compliance with the order.
Order to Discontinue Activity - service5.3 The Order to Discontinue ActiviÇ may be served personally on the person to whom it is
directed or by regular maíl to the last known address of that person, in which case it shall be
deemed to have been given on the third day after it is mailed. Service on a corporation can be
effected by registered mail to the corporate mailing address.
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regarding "Request for Noise By-Law Amendment".
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Contravention of Order5.4 No person shall contravene an Order to Discontinue Activity.
lnspection Fee
5.5 (1) Where the municipal law enforcement officer determines that an adivlty prcducing
noise or sound is not in compliance with this by-lan or with an Order to Discontinue
AcÍivity, the fee or chage set out in the applicable Fees and Charges By-law for
inspear-on may be imposed on the owner, person responsible for the noise or sound,
ortemporary rrcise permit holder.
(2) The fees imposed constitute a debt of the peæon to he City. The City Treasurer
may add fees to the tax roll and collecf them in the same manner as municipal taxes
on any prcærty for which all the owìers are responsible for payirg the fees.
Hinder or Obstruct5.6 No person shall hinder or obstrucl, or attempt to hinder or obstruct, any person
who is exercising a porer or performing a duty under this By-law, induding carrying out an
impection.
By-law Enforcement- London Police Service - enforce5.7 This by-law may be enforced by a City municipal laur enforcernent ofücer or a London
Police SeMce police ofücer.
PART 6. EXEMPTIONS
6.1 Despite any pmvision of this By-law, this By-law shall not apply to the following sounds
arising from:
Police - Flre Services - Ambulance
(a) a vehide of the London Police Service, provincial or federal police, London Fire
Services, or ambulance, while in performance of their duty;
Raihray - Airport - operations
(b) any activity that b integral to the operation of any railway or airport within the legislative
authority of Parliament
Public Necessity - Emergency
(c) a matter of public necess'rty or public emergency;
City Equipment- Gity Snow Removal - Road Cleaning Equipment - etc
(d) the operation of mactrines and equipment by or on behalf of the City, induding but not
limited to snow removal equipment, road deaning equipment, grass cuttirg orfield
maintenance equipment tree and shrub pruning and mulching equipment, painting
machines for crcsswalks and highways;
Garbage & Recycling Collec'tion / Disposal - Gity
(e) the collec-tion or disposal of garbage, waste or recyclable material by or on behalf of the
C¡ty;
Signalling Devices
(0 signalling devices utilZed as traffic and pedestrian control devices at intersectíons and
crosswalks;
Gity Gonstnrction Projects
(g) the operation of equipment in conjundion with CÍty Construc{ion projeds, City general
maintenance projeds, and City emergency maintenance projects;
Fireworks - Pyrotechnics
(h) the discfraçe of consumer firevrorks, display firarvorks or pyrotechnic special effecfs
firer¡rorks if sucfr disóaçe complies with the City's Fireulorks Bylaw;
Bells - Glocks - Religious - Gity
(i) bells, cfrimes, carillons or docks associated with religious or public buildings or uses;
lndustrial Use in lndusbial Zone
fi) adivities ftom industrial uses located in lands zoned for industrial use if sound is in
accordance with the terms and conditions of a valid Certificate of Approval, provisional
Certificate of Approval or other approval issued under the EnvÍronmental Protectìon Act,
R.S.O. 1990, c. E.19, where such approval addresses sound as a source of
contamination;
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Normal Farm Practice
(k) acfivities as part of a Normal Farm Practice and canied on as part of an Agriolltural
Operation;
Public Utilities
(l) operation of macfrinery by or on behalf of a public utility where vrork needs to be done to
minimize service intemlptions;
Work Approval Permit - Strcets By-law
(m)operation of construction equipment wtrere the City has issued a Work Approval Permit
under the Streets By{aw and in issuing sucfi permit the City requires the uork to be
done to minim2e trafüc impacfs;
Public election - gathering - aufüorized
(n) the use in a reasonable manner of any apparatus or mechanism for the amplification of
lhe human voice or of music in a public park or any other commodious space in
connection with any public eledion meeting or other lawful gathering between 9:00 a.m.
and 6:00 p.m.;
Special Event - compliance with Special Events Policy Manual
(o) a Special Event but only if it is in compliance with the City's SpecÍal Events Policy and
Prccedures Manual;
Gommunity Event (Glass l) - compliance wlth Gommunlty Event (Class l) Policy
(p) a Community Event (Class 1) but only if it is in compliance with the City's Community
Event (Class l) Noise Policy;
Permit - Gonsûuction - Community Event (Class 2)
(q) Corstruction or a Community Event (Class 2) forwhicfr a valid temporary noise permit
hæ been issued, but only if the terms and conditions of the temporary noise permit are
complied with;
Parade - band - authorized
(r) a military or other band in a parade if the parade is operating under written permission of
the City;
Tradesman - pllng call - legitimacy - moderation
(s) any narræboy, pedlar, harruker or petty tradesman plying his calling legitimately and
moderately;
Snow Removal - Private Property
(t) the use in a reasonable manner of vehides and equipment rvten utilized for the dearing
and the removal of snow from private properly;
Animals-Gity-Police
(u) an Animal under the care or control of the City, induding but not limited to those located
at Storybook Gardens, and animals underthe care or control of London Police Sen¡ice
or provincial or federal police.
6.2 Despite any prov'sion of this By-law, this By-law shall not apply where:
(a) a sound's from a facility that has been designed, developed, buil[ operated and
maintained in accordance with the terms and conditions of a valid Certifìcate of
Approval, provisional Certificate of Approval or other approval issued under the
Environmental Protec'tion Act, R.S.O. 1990, c. E.19, where sucf¡ approval addresses
sound as a source of contamination; or
(b) an order or permit has been issued under the Envíronmental Protection Actlhal
addresses the sound as a souroe of cont¡amination.
PART 7. PENALTY
7 .1 (1) Any person who contravenes any provision of this By-lal is guilty of an offence.
(2) A director or officer of a corporation who knowingly conoræ in the contravention of
this By-law is guilty of an ofence.
7.2 Any person convided underthis By-law is liable:(a) upon a first conviction, to a minimum fine of $f 75.00 and a maximum fìne of
$5,@0.@;(b) upon a subsequent conviction, to a minimum fine of $500.ff) and a maximum fine
of $10,000.00.
Correspondence dated June 7, 2011 from Outback Camping
regarding "Request for Noise By-Law Amendment".
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7.3 Dæpite section 7.2, where the person convicted is a corporation, the corporation is
liable,(a) upon a first convidion, to a minimum fine of $175 and a maximum fine of not more
than Ten Thousand Dollars ($10,0@.); and(b) upon any subsequent convidion, to a minimum fine $1000 and a maximum fine of
not rnore than Tuænty Five Thousand Dollars ($25,000).
7.4 lf this by-law is contravened and a convidion entered, in addition to any oher remedy
and to any penalty impoeed by the by-law, the court in wñicfr the convic'tion has been
entered and any court of competent jurisdicfion thereafter may make an order pohibiting
the continuation or repetition of the ofience by the person convic'ted.
PART 8- MISCELIáNEOUS
8.1 Bylaw PW-4 and any amendments thereto are hereby repealed.
8.2 This by-law may be refened to as the'Noise Bylad.
8.3 This by-laur shall come into force and effect on July 1, 2009.
PASSED in Open Councjl May 4, 20(Þ.
Anne Marie DeCiæBest
Mayor
Kevin Bain
City Clerk
First Reading - May 4, 2009
Second Reading -May 4,2009
Third Reading - May 4, 2009
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Authority: Planning and Transportation Committee Report No. 5, Clause No. 1, as adopted
by City of Toronto Council on May 21, 22 and 23, 2002, and Notice of
Motion J(3), moved by Councillor Pantalone, seconded by Councillor Mihevc, as
adopted by City of Toronto Council on October 29 , 30 and 31, 2002
Enacted by Council: February 7, 2003
CITY OF TORONTO
BY-LAW No. 111-2003
To repeal ByJaw No.476-2002 and to reenact City of Toronto Municipal Code
Chapter 591, Noise.
WHEREAS it is in the public interest to reduce the noise level in the city, so as to preserve,
protect and promote the public health, safety, welfare and the peace and quiet of the inhabitants
of the City, and
WHEREAS, the making, creation or maintenance of excessive and unreasonable noises within
the City affects and is a detiment to public health, comfort, convenience, safety, welfare and the
prosperity of the people of the City; and
WHEREAS Council has authority to pass this by-law under section 129 of the Municipal
Act,2001;
WHEREAS the approval of the Minister of the Envi¡onment was never obtained for ByJaw
No. 476-2002 and consequently it is not in force;
The Council of the City of Toronto HEREBY ENACTS as follows:
1. By-law No. 476-2002 is repealed.
2. Except for the purposes set out in section 3, the following by-laws are repealed:
A. By-lawNo. 7l-89 of the formerBorough of EastYorh as amended.
B. Chapter 174, Noise, of the Municipal Code of the former City of Etobicoke.
C. By-law Nos. 31857 and,3l3l7 of the former City of North York, as amended.
D. ByJaw Nos. 16575 and24389 of the former City of Scarborougl¡ as amended.
E. A¡ticle I, Noise Restrictions Generally, of Chapter 241, Noise, of the Municipal
Code of the forrner City of Toronto.
F. Chapter 895, Noise, and Chapter 896, Noise - Unusual - Likely to Disturb, of the
Municipal Code of the former City of York.
3. Where a person is alleged to have contravened a by-law listed in section 2 before the date
this by-law comes into force, the by-law listed in section I continues to apply for the
Correspondence dated June 7, 2011 from Outback Camping
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2
City of Toronto By-law No. 111-2003
purposes of any enforcement proceedings brought against the person until the
proceedings have been concluded.
4. The Cþ of Toronto Municipal Code is amended by adding the following as Chapter 591,
Noise:
Chapter 591
NOISE
t#;t*9,"""""t"
S 591-1. Interpretation.
A. In this chapter, all the words which are of a technical nature shall have the meanings
specified for them in Publication NPC-101 - "Technical Definitions".
B. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
COMMISSIONER - the Commissioner of Urban Development Services or his or her
designate.
CONSTRUCTION - Includes erection, alteration, rcpar, dismantling, demolition,
stn¡ctural maintenance, land clearing, earth moving, grading, excavating, the laying of
pipe and conduit whether above or below ground level, street and highway building,
application of concrete, equipment installation and alteration and the structural
installation of construction components and materials in any form or for any purpose, and
includes any work in connection therewith.
CONSTRUCTION EQUIPMENT - Any equipment or device designed and intended for
use in construction, or material handling, including but not limited to, hand tools, power
tools, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors,
excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway
haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or
other material handling equipment.
CONIVEYANCE - Includes a vehicle and any other device employed to transport a
person or persons or goods from place to place, but does not include any such device or
vehicle if operated within the premises of a person.
HIGIIWAY - Includes ¿ çsmmor and public highway, street, avenue, parkwa¡
drivewa¡ square, place, bridge, viaduct or trestle desigued and intended for, or used by,
the general public for the passage ofconveyances.
INHABITANTS - One or more persons who reside in the City.
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CiW of Toronto By-law No. I 11-2003
MOTOR VEHICLE - Includes an automobile, motorcycle, and any other vehicle
propelled or driven other than by muscular power; but does not include the cars of
electric or steam railways, or other motor vehicles running only upon rails, or a motorized
snow vehicle, traction engine, farrn tactor, self-propelled implement of husbandry or
road-building machine within the meaning of the Highway Trffic Act;
NOISE - Unwanted sound.
PLACE OF WORSHIP - A building dedicated to religious worship and includes a
church, synagogue, temple, mosque, monastery or convent.
POINT OF RECEPTION - Any point on the premises of a person where noise originating
from other than those premises is received.
POWER DEVICE - Any powered device used in the servicing, maintenance or repair of
property except devices driven by muscular power only and snow blowers.
PROPERTY - A building or structure or part of a building or stnrcture, and includes the
lands appurtenant thereto and all mobile homes, mobile buildings or mobile structures
and vacant land.
PUBLICATION - A specifred publication of the Minisbry of the Environment which is
listed in Schedule A at the end of this chapter.
STATIONARY SOURCE - A source of sound which does not normally move from place
to place and includes the premises of a person as one stationary source, unless the
dominant source of sound on those premises is construction or a conveyance.
C. 7-ones.
In this chapter, the following terms shall have the ms¡nings indicated:
QLJIET ZONE - Any property within the municipality used as a hospital, retirement
home, nursing home, senior citizens residence, or other similar use.
RESIDENTIAL AREA - Any property within the municipality which is zoned for
residential uses by an applicable zoning by-law or which is used in whole or in part for
human habitation.
D. A copy of every publication listed in Schedule A at the end of this chapter is attached to
and fomrs part of this chapter.
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4
City of Toronto By-law No. 111-2003
""#ltf,""ll'"",
$ 591-2. General prohibition.
No person shall make, cause or permit noise or vibration, at any time, which is likely to disturb
the quiet, peace, rest, enjoynent, comfort or convenience of the inhabitants of the City.
S 591-3. Specific prohibitions.
No person shall emit or cause or permit the emission of sound resulting from an act listed below
if the sound is clearly audible at a point of reception:
A. Racing of any motor vehicle other than in a racing event regulated by law.
B. The operation of a motor vehicle in such a way that the tires squeal.
C. The operation of a vehicle, engine, motor, construction equipment, or pneumatic device
without an effective exhaust, intake-muffling device or other sound attenuation device of
a type specified by the manufacturer, which is in good working order, and in constant
operation.
D. The operation of a vehicle or a vehicle with a trailer resulting in banging, clanking,
squealing or other like sounds due to improperly secured load or equipment, or
inadequate maintenance.
E. The operation of a vehicle hom or other wanring device except where required or
authorized by law or in accordance with good safety practices.
$ 5914. Prohibitions by time and place.
A. No person shall emit or cause or permit the emission of sound resulting from any act
listed in the table below if clearly audible at a point of reception located in a prescribed
area of the municipality within a prohibited time shown for such an area.
B. Prohibited periods of time.
The prohibited periods of time as described in the table below shall be as follows:
(1) 7:00 p.m. one day to 7:00 a.m. the next da¡ 9:00 a.m. Sundays and statutory
holidays.
(2) 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. Sundays and statutory
holidays.
(3) 11:00 p.m. one day to 7:00 a.m. the next da¡ 9:00 a.m. Sundays and statutory
holidays.
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Cityof Toronto ByJawNo. 111-2003
(4)
(5)
(6)
(7)
7:00 p.m. one day to 7:00 a.m. the next day, and all day Sunday and statutory
holidays.
9:00 p.m. one day to 7:00 a.m. the next day, and all day Sunday and statutory
holidays.
7:00 p.m. one day to 9:00 a.m. the next day; and all day Sunday and statutory
holidays.
7:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on Saturdays, Sundays, and
statutory holidays.
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City of Toronto By-law No. 1l I-2003
TABLE - PROHIBITIONS BY TIME AND PLACE
Type of Act
Prohibited Period of Time
Quiet Zone
Residential
Area
l. The operation of an engine or motor which is, is used in, or
is intended for use in, a toy or a model or replica of any
device, which model or replica has no function other than
amusement and which is not a conveyance.
At all times B.(2)
2. The operation of any electronic device or a gtoup of
connected electronic devices incorporating one or more
loudspeakers or other electro-mechanical transducers, and
intended for the production, reproduction or amplification
of sound, other than a security alarm.
At all times B.(3)
3. The venting, release or pressure reliefofair, steam or other
gaseous material, products or compound from any
autoclave, boiler pressure vessel, pipe, valve, machine,
device or system, other than fumace vents.
At all times B.(3)
4. Loading, unloading, delivering, packing, unpacking, or
otherwise handling any containers, products or materials.
B.(4)B.(3)
5. The operation of construction equipment.B.(7)B.(7)
6. The operation of anypower device.B.(l)B.(2)
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City of Toronto By-law No. I 1 l-2003
Type of Act
Prohibited Period of Time
Quiet Zone
Residential
Area
7. Operation or use of any tool or device for domestic
puq)oses, except power devices and snow blowers.
B.(6)B.(2)
8. Activation of a security alarm resulting in sound for a
duration in excess of 5 minutes.
At all times At all times
9. Vehicle repairs At all times B.(5)
10. Playing of music At all times B.(3)
S 591-5. General limitations on sound levels due to stationary sources.
A. No person shall emit or cause or permit the emission of sound from a stationary source
such that the level of sound from that source at a point of reception located in a quiet
zone or residential area exceeds the applicable sound level limit prescribed in Publication
NPC-205 - "Sound Level Limits for Stationary Sources in Class I & 2 Areas (Urban)".
B. Subsection A shall not apply to residential air conditioning devices regulated under
$ el-6.
$ 591-6. Limitation on sound levels for residential air conditioners.
A. No person shall emit or cause or permit the emission of sound from the operation of a
residential air conditioning device of a tlpe referred to in Publication NPC-216 -
"Residential Air Conditioning Devices", resulting in a sotrnd level at a point of reception
located in a quiet zone or residential area in excess of the applicable sound level limit set
out in Publication NPC-216 - "Residential Ai¡ Conditioning Devices".
B. No person shall emit or cause or permit the emission of any sound from any air
conditioning device of a type referred to in Publication NPC-216 - "Residential Air
Conditioning Devices" unless one of the following applies:
(1) The device was manufactured prior to January lst,1979.
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(2) The device bears a label affxed by the manufacturer or distributor which states
the year of manufacture and that the device when new complied with the sound
emission standa¡d set out in Publication NPC-216 "Residential Air Conditioning
Devices", as applicable to that t¡'pe of device and date of manufacture.
(3) The owner, operator, manufacturer or distributor provides proof that the device
when new complied with the sound emission standard set out in Publication
NPC-216 "Residential Air Conditioning Devices", as applicable to that type of air
conditioner and date of manufacture.
S 591-7. Disturbing religious ceremony in a place of worship.
No person shall make, cause or permit the emission of sound that disturbs a religious ceremony
in aplace of worship.
S 591-8. Most restrictive provision applies.
Where a source of sound is subject to more than one provision of this article, the most restrictive
provision shall apply.
S 591-9. Exemption; public safety and highways.
Despite any other provision of this chapter, it shall be lawful to emit or cause or permit the
emission of sound in connection with measures undertaken for:
A. The immediate health, safety or welfare of the inhabitants of the City under emergency
ci¡cumstances.
B. Any emergency requiring immediate action for the constn¡ction, preservation, restoration
or demolition of any highway.
S 591-10. Grant of exemption by Council.
A. Despite anything contained in this article, any person may, no later than 90 days prior to
the date for which the exemption is being requested, submit an application to the
Commis5ioner for an exemption from any of the provisions of this article.
B. The application mentioned in subsection A shall be made in writing, be accompanied by
payment of the fees set out in ç 441-I2A, and shall contain all of the following:
(l) The name and address of the applicant.
(2) The location of the event or activity for which the exemption is sought.
(3) A description of the source of sound for which the exemption is sought.
(4) A statement of the particular provision or provisions of this article from which the
exemption is sought.
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D.
E.
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(5) The period of time, of a duration not in excess of six months, for which the
exemption is sought.
(6) The reasons why the exemption should be granted.
(7) A statement of the steps, if any, planned or presently being taken to bring about
compliance with this article.
Upon receipt of an application containing all of the information outlined in subsection B,
the Commissioner shall prepare a report recommending whether an exemption should be
granted or refused and the terms and conditions which should be imposed upon the
applicant if the exemption is granted.
The Commissioner shall forward a copy of the report to the appropriate Community
Council and to the applicant at the address shown on the application by prepaid regular
mail.
Publication of notice.
(l)The applicant shall, at his or her expense, cause a notice of the application to be
published in a newspaper of general ci¡culation within the municipality at least
14 days prior to the meeting of the Community Council at which the application is
to be considered, and shall provide proof of publication to the satisfaction of the
Commissioner prior to the application þsing considered by Community Council.
The notice referred to in subsection (1) shall be in a form satisfactory to the
Commissioner and shall contain the information required by subsections B(1)-(7)
and indicate the date upon which it is intended that the application will be
considered by Community Council.
F.Decision.
(2)
(1)
(2)
(3)
(4)
Community Council shall recommend to Council whether to grant or refuse the
exemption, including any terms or conditions.
Council may, by resolution, refuse to grant the exemption or may grant the
exemption applied for or any exemption of lesser effect and any exemption
granted shall speciff the time period, not in excess of six months, during which it
is effective and may contain such terms and conditions as Council sees fit.
Council may require, as a condition of approval, that City staff or a professional
engineer monitor the sound levels resulting from the event or activity.
Where Council requires that the applicant engage the services of a professional
engineer to undertake the monitoring of the sound levels resulting f¡om the event
or activity, a report of the findings prepared by the engineer shall be frled with the
Commissioner within 30 days of the event or activity.
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(5) Where Council requires monitoring of sound levels resulting from the event or
activity, the monitoring shall be conducted at the applicant's expense. The
charges payable for monitoring by City staffare set out in $441-128.
G. Breach by the applicant of any of the terms or conditions of an exemption granted by
Council or the failure of the applicant to pay any required fee shall render the exemption
null and void.
H. Despite anything contained in this section, where an application for an exemption is made
by the City or any of its agencies, boards or commissions:
(l) The application and report shall be submitted directly to the appropriate
Community Council by the Cþ department, agency, board or commission
seeking the exemption.
(2) The application fee in subsection B shall not apply.
(3) The requirement to publish notice of the application shall not apply.
S 591-11. Offence.
Any person who contravenes any provision of this article is guilty of an offence".
5. The schedule and publications attached to this by-law shall form part of
Chapter 591, Noise.
ENACTED AND PASSED this Tthday ofFebruary A.D. 2003.
CASE OOTES, ULLI S. WATKISS
Deputy Mayor City Clerk
(Corporate Seal)
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SCHEDULE A TO CHAPTER 591, NOrSE
Publications Forming Part of this Chapter
PublicationNPc-lOl Technical Definitions
Publication NPC-102 Instrumentation
Publication NPC-103 Procedures
PublicationNPc-l04 Sound Level Adjustments
PublicationNPC-20s Sound Level Limits for Stationary Sources in
Class I &2 Areas (Urban)
PublicationNPC-206 Sound Levels Due to Road Traffic
PublicationNPc-216 Residential Air Conditioning Devices
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Publicåtlon HPC-101.
Tcchnical Dcflnlt'lons
t.Technlcal len¡inolocv ¡nd Strndards
Ttæ folloring.teñrinology md standlds shall ôe usrd for tlu
purposes of any ilol¡c Contrrl By-Lar macted puñ¡urnt to Ttæ Environ-
Ent l Prot€eÈtql Ast rnd all Prôllc¡tions of tlç llofse Pollution
Control'Sectlon of t'le Poìlutlon Control Erlnch of _thc ¡lihlstry of lhe
Enyironænt. thc definlHon of eny tcdrnlc¡l ¡ord uscd ln such 9y-Law
or this or ¡ny such Publlcation rnd not hcrcÍn defincd ¡ha'll.òê thê
definltlon rpp'qâring ln ttc applicaÞlÊ Pôlicatlon of ttr Canadlrn
Standards Assoclatlon (CSA), thê ¡crican l{ational St¡nderds lnstltutê
(AllSI), tftê Int.m.tlonal Organlzrtlon for StandartlzatJon (tSO), tlæ
lntcnrtlonal Electrotcct¡nlc¡l Cmis¡lon (¡EC), tùe Socicty of Autmotf'vc
Englnccrs (SÆ), or tfre lbchlnerl ¡¡rd Eqsiprcnt llã¡ufrctr¡ær= Associatlon
of C¡n¡da (]G|{AC):
Acoustic Callbrator '
An 'Acoustf.c C¡llbrator" is ¡n rlcctro-¡rechanlcal or ¡:chanfc¡l
devlcc lntcnd€d for tlæ c¿llbration of sound lcvcl æters anå
æeting the spcciflcatlo¡u of Prôlfcation tPC-102
- .Instnæntåtion. for Acoustic Callbrators.
A-fei qhtinq
'A.xelghting" ls thc frcquency rrlghtfng chrrrq¿êrîstîs as
.¡pccfffcd in IEC 123 or IEC 179 ud intended to åpproxinate
tJte rrlatfve scnsltlvlty of the nonÉl huoan car tq diffe¡.ent
frcquencies (pitches) of sound.
A-relohtcd Souird Prcssurc level
Tlæ "Þ*lghted sourd grÊssme lcvcl' ls tlre sourd prÈssure
lcvel ædifled by appltcrtion oi tlre A-rclghtlng. It ls
ælsured in decibels, A-rcfghted, and.denoted dBA.
Bc¡tlno
'Eertlng¡ ls ttÉ ch¡ract¿ristic of r sourd xhicû hrs an audibìe
cyeìlcally va¡ring ¡ound level. c¡ru:ied òy tìhe intÊraction of
ùro Sounds of ol¡pst the saræ.frequency.
Bi¡zzinq Sounds
A'bu"lnE sound" ls ¡ sound rhlch is draracterlzed by the prcsence
of a larç n¡¡ber of relðted dlscrete hanrpnics ln its frequency
spectn¡î. Thesc h¡rænlcs togßther $ith thc fundanentå'l frequency
Pmduce ¡ sound xtrlch subjectively is tenæd a 'buzz'. Exanples
¡re sounds fr¡6 ¿ þ,'=s¡ or a chain bax.
(t )
(21
(3)
(4)
(s)
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(5) Declbel
Thc 'decibe'lo ls t dlnenilonlcss ti:asuæ of sound lev¿l or
sound pressu¡c lcvel; see sound pr.cssuæ lcvcl.
(7) Effeqtive Sound Pressurr
Tþ 'effcstivc gormd Prcssr¡æ' at a point is the root-æan
squa¡Ê value of thÊ inst¡ntancous sot¡td PnassuFer ovcr !
tlæ interual, at ttn polnt mder considcr¡tlon rs óetlcted
rith a sound level ætèr æetinE the r:quirtænts of P.l¡btf-
cation !¡PC-IOZ - Iristrrmi¡tion.
(8) Eouivalcnt Sound Level
Ttr "cgulvrlcnt so¡¡nd lcvcì' soætiæs denoted L*' is tùe
valuc of ttæ constanÈ ¡or¡nd lcvel vttlch roultl rcsult in
åCosurÊ to üË sac totÂl A,{Ëtght¿d cnêrgy as.rculd thc
sæcificd tfu-yary¡ng ¡o¡rd, lf t¡ê constånt somd hvel
perslsted over !n cqual tiæ interval. ¡t fs EssuËd
Ín d8l\.
TI¡e ¡atlrcnatical definition of cquivalênt sound level (L*) for
rn lntcrval dcfincd rs occr¡pying the perlod betuetn ùro Points
in tine q and þ is:
L*. ro rosro +E ,i.l V dt
Hherc p(t) ls tlre tiæ vErying A-rÊlghted sound ptssu¡t and
pr.is the l=feæncc prrssuæ of 20 rP¡-
(9) Fast RrsDonse
"Fast rrsponse' is a d¡rrlc charrcærfstlc settlng of a soulË
lcyel'æter æcting ttrc appl{c¡ble specfficatfons of
Publication !lPÈ102 - Instn¡:nt¡tion.
(Iû) Fr.eoucncv
Tlæ 'frcqucncy' of a periodic quentity is t¡e il¡Eb.r of tlæs
üat the quantlty rcÞe¿ts ftsclf in r rnit intGRal of tiæ.
Tlre sntt of ¡c¿sutgænt ls l¡ert (Hz) rhich is ttË sa^fi: as cycles
per second.
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l11l Ccneral Puroosc'Sound LÉyr'¡ ¡lêtlr
A 'Ceneral Purposc Sound Levcl llcter' ls a sound level ¡ntcr
which ccts thc speclflcitlons of Publlc¡tion XPC-IOZ -
Instru:nt¿tion, fpr General PurposÊ Sound Lcvel ileter:.
(12) l¡npuìse Rcsponse
'Irçulsc response" fs r dynrøic ch¡r¡cteristlc setting of !
sound levcl æter æetTng the specificatlons of
Publtcatlon 1{PC-102 - Instnænt¡tÍon, for lçulsc Sound
LËYÊI tþtcrs.
(r¡) !æcj-:!9-8s4.
An ninpulsive sormd' is a slngle P¡rssurrÊ pulse or r singlc
bur:t of pressure pulses' ¡s defined by IEC I79Â' First
supptccnt to IEC 179, Sectiom 3.1 rnd 3.2.
(14) lmulsc Somd Lcveì
The -lqulse sor¡nd lcvcl" ls tltc sound ìevel of ¡n lnpulsive
somd ¡s ¡easu¡'cd nith an l4ulse Sound Level lþter set to
ilpulse Esponse. It is Éasulld ln A+reighted decibels,
denotcd tl8AI.
(15) looulse Sormd Lerèl l{etcr
An rlpulse Sound Level l{e,!er' ls a so¡¡nd level æter rhlch
neets the specifications of Prôlicatlon f{PC-'102 - lnstnænta-
tlon, for l¡pulse Sound Leveì ilet€rs.
(16) lnteoratinq Sound Lcvel llet¿r
Ân 'Intrgrating Sourd Levrl tleter' ls a sound lcwl ætcr
¡hich ls capablc of Þrlng used to derlve the ¡qr¡lvalcnt
sound'level (r;) ano rùlch æets'the sÞeclficatlons'pf
Pub.lic¡tion tiPC-102 - lnstrrænt¡tion, for T¡9e I lntcantfng'
Sound Levcl lletcrc.
(rz)
The 'Logarittuulc llean l4ulse Sound Leve'!"' soætittÊs denot€d \¡'
of l{ lqu]sÍve sounds, is ten tiDei ttre'logartthn'to.t}re b¿se
l0 of t]É rr{tlætis æan of ttfl to tlË poff of 'one tenth tfE
fnpulse sormd lcvcl of cach lqulsive soutd.
Algcbraically, lt can be ¡rltten as:
f d¡A¡i/lo dsA¡?/'to
h¡ . r0 ros.,s L+
,to I + ¡0 ...*ro*t*"ol ]
rherc, d&41t, dBAIZ, ....dBA¡il, are t¡e N inpulse sound lcvels.
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(ì8) ovcrprcs¡urc
Tlc "ovcrlnssuren ¡t À ælnt duç to ¡î lcoustlc tllst¡¡tÖütcc
ls ttË lnsttntåncous diffcæncc rt tàat polnt bcùêcn t¡ê Ptü
pr.cssuriE durlng thc dlst¡xÈlnce and tlrc eobient ræspharic
pressu¡Ê. Tlæ u¡lt of æasurcænt ls the pascal . One pascrl'
rbÞrcvla.t¡d P¡, ls,tåc 5aæ'ts on€ nr¡rton ær Squrrr ætrr'
rbbreYiatcd l¡/o2.
(19) Ovcrprrssu¡c Lcvcl
TlË "ovaArcssurc ì!vcl" fs *nty tlfËs ttæ logarltÚn to
thc b¡sc 'tO oi t¡e ratio of üre peak P¡êssuæ to Èlæ reference
prÊssurr of 20 uPa.
(20) Peat P¡æfclc Velocltv
Thc "pcrk p¡rticlc veloeity' ls tlc n¡lu.o lnst¡ntaæoüs
veiocity c¡pcrlcnåed bJ t¡e P.rtic'tcs of ¡ ædlr¡r ntrcn
sêt fnto translent vibraæry Etion. Ttris can þ derived ¡s
tlæ ognltúrle of thc vcctor ¡ro of thr:c orthogonal con-
pomnts ¡nd ls ærsurcd Jn cnls.
(21) Peak Pr¿sbt¡re Lcvel llet¿ctor
A rPc¡k PrcsruÉ Lcvel Det¿ctor' ts a dcvice caP¿ble of
æesurinE perk pæssut.c or P¡lssrrrË level peralt¡tf ons ln rir
rnd rl¡lch Eets the'sæcJfic¡tlo¡s of Pólfcation l{PC-ì02
- Instnæntatlon, for Pcak Pæssu¡r Lcvcl Detcctors.
(æ) !sËl¡-!es4-!s€!-
Ttre'x percentlle sound lcvcl'. rhsigated Lx, ls tln souìd
levcl cxc¡c¡le<l'r pcrìesnt of r sPcqlfled Èlæ pcriod. lt l!
' æasurcd ln d8A.
(23) Qu¡si-Stc¡dv læuìslvr Somd
'Quasi-sttady l4ulsiv= Sound' ls-¡ sequcnqe of lopulsivc sounds
cmltted fro¡r tjrc sa¡Ë sorrrc!, havlng a tl¡re lntcrval of lcss
tnan 0.5 s bct¡Gcî succrsslrc l4ulslvu ¡ot¡tds.
(24) Slox Responsc
"Slor rcsponsc" ls a 4ynlsic chår¡etêrlstlc sêttlng ûf ¡
¡ound ìevc't ætlr æêting thc rpplicable sPecifications
of Publlcation l{PC-ì@ - Instn¡æntåtlon.
(25) Sotmd
'sormdu ls ¡n osclllatlon ln pæssuhÊ. str!Êssr Particle
d{sgìaccrcnt or Particlc vcloclty,'ln ¡ ¡rdlrn ïlth intlñlal
forccs (c.g. clastic, vissous), or tlre supcrposftlon of suth
propàgatld oscillatìons, rhich nay cause an rudftory sênsa-
tion.
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(26) Sound lcvel
"Sosnd levcl' is thc A{r€ightcd sound ¡essur.e level .
(27) Sound Lcvel lletcr
Á "sou¡rd levcl æter' ls an lnstnænt which is s¿nsTllve
to and celibrated for the rElsursìËnt of sound.
(28) Sound Prg'sge
The -sound prêssure" fs the lnstlntanèous dfffersncc beüæen
üre act¡,¡al'pressure'¡nd tàe avêrage or b¡rometric p¡essunÊ
at a given loc¡tio4. lhe untt of rErsurEneít is the nicropascal
( uPa) which i¡ the saúr ¡s ¡ ¡nicronæton p€r sguaÊ ætrc
( utt/¡rZ).
(23) Sound Prcssure Lavel
. The "sound pr¡Êssurc level' ls arenty tli¡cs tfie. logarithn to
the base ì0 of the ?atio of tjre cffcctive pr¡êssure (p) of a
sound to the ràfercnce prrssure (C) of 2O uPa. Thus thc
sound pressur.t level in dB ='20 togl' Ër.
(¡o) Igtelj.U.
A 'tonen or ¡ 'tonal sound" is rny sound rhicl¡ can be distinctly
identifleil thrcugh the sensation of pitch.
(31) Vibnation
"Yibratlon' ls a tenporal and spatial oscfllation of dlsplrcs¡ênt.
velocity or acäleration ìn a solid ædir.rr.
(32) VJbr¡tion Yeìocigr Oetgctor
A 'Yibr¡tion Yclocity'Detector" is ¡ devlce wùich ls capablê
of neasuring viÞration velocity and xtrich ÍEets the specifications
of Publicetion llPC-l@ - Instrr.æntation, for Y{bration Yelocity
. Detectors.
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Publ f crtl on HPÈl D2
lnstrlftrntation
l. Scooe
Ttrls Publlcation slts out urlnl¡¡¡n spcsfflcatlons. for equl¡nnt usêd
for ù¡e nr€ðsurenrnt of sound ¡nd vibratlon. For ¡Þst of the sÐecl-
ficatlons the ¡ntêrnåtl o¡al Elcctrotechnical @r¡ission (lEC ) recor¡ændcd
standånds ¡23 (FlËt cdltton l95l), ¡79 (Sccood cúitlon 1973) ¡nd l79A
(First supplcnent to ¡Ec 179, publ'ished 1973) havc been tdoÞteó. ln
3oæ cascs, tlrcse standards lre lændÊd or augmnted for grcatcr prc-
cision.
ÍA¡LE IO2.I
2. Tcchnlcal Dcftnttions
TlÊ tccltnÍcal terns used in tl¡is Publication ¡rc deffned ln ttp
¡æclficatfons thcnselvcs or ln Pub'licatfon HPC-101'- lechnlcal
Definltiohs.
nPc-'t02
Sectlon
3
4
5
5
7
I
9
Typc of lnstr¡¡æít
€eneral Purposc Sor¡nd.Lcvrl l{cter
'fupulse Sound LevçI l.letcr
Þeak Pr=ssuæ Level 0etcctor
f¡çe f lntcErating Sound Lwcl
tleter
llDe A tntegratlng Sund Larel
l{cter
Vlbratlon Ycloclty octcctor
Acoustlc Callþrator
AÞpl ication
llon-irpulsi vc
sounds
I[pulsive sounds
Peak pressure
Þerturtatims
Yarying sounds of
lon crest factor
Varyfng sorrnds of
hlgh crest f¡ctor
Pcrk vîÞrition
vetocity in ¡oliås
CallÞratlon of
sgufd lÊee? atttrs
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3. Gcnaraì ?uÞose Sound Level l{etcr
{r) ¿EPS,
A'Êc¡æral Purpose So¡¡nd Lcvcl t{eter l¡ ¡ Sornd lcvcl ¡:ter
ilrich ls lntcnrlcd to bc rrsed for qhe æåsurqrcnt of non-
lnpul slvc aounds, rl üout t{gltlficttlt A:clEhtcd tçoustlc
rncrgy aDovc 2000 tl¡.
(e) Speeü!.gig
A ¡ourd lcvel ætcr Úrich æ€ts tlrc follodnE sg€cifieatloîs
ls r &ncral PurPose Sound Levcl Hctêr:
(¡) tË sound lrrEl'æt¡r, lncluding r qicr¡Phoæ cquiÞ-
ped ritfi r vlr¡dsc¡ren ¡hrll æct tltc specificat'lons
of IEC 123, excrpt that' in.rddition to Ëêttng ttË
spcciflcations of sr¡Dcl¡r¡se 5-2 tþrrof, ?he ricro-
phone of tlrc sound levcl æt¡r sh¡ll ¡lso ælt tltc
¡æcifie¡tions of subcl¡usc 5.2 iærded by tJrc sub-
stìtutioñ tircrrin of rn lnglc of lncidenca of =30o
lnstead of *9Oo, !3 lt ttleÉfn rPË.n3, ¡¡td by tjre
substitution of T¡blc 102-2 hclçof fnstc¡d of T¡bìc ì '
!s lt thcrÊin ¡PPcaE;
(b) tlrc sound l:vel ætc¡ shall l¡rcorporlt€ A-neighting'
rñich fs sp¡elficd tn IEC 123 ¡5 oPtionôl¡,
(e) tJ: ¡ound lcvcl ætcr slrall h¡vc ¡ ¡riniu¡t ¡¡sable
rlngÊ of scnsitivity of fto¡ ¡10 dBA to 100 dBA and
ft ¡h¡ll r-¡d to an acturicy of:1.0 dB oYrr tåat
rrn9c:
(d) ¡ vlnGcæcn ¡l¡ll bc lnst l.lcd on tie ricrophonê .nd
shalt not affêct by n¡'e tl¡¡n I dB thc toìcrancÊ pr'È-
scriþêd ln clruses (r) ¡nd (c)¡
.(c) tfp sotnd 'tcyel rËtcrr incìudlng r cicroplmc cqulpæd Ylt¡t
a vindsct'ccn, ¡h¡ll, ¡drcn oFraþd in ttn pnesencc of rind,
indiqtc r vlnd-lnduced sound lcvcl not ln c¡cess of tlle
relcv¡ng valuc ìlstcd ln TaDlc 102-3.
4. læulsc Soynd Level llct¡r
lìl PurDosr
An l4ulse So¡¡r¡l Level ltetcr is t 5orlrd lcvel ¡etcr välch is
lntcntlctl to be ssd for the æasû.lfcît of rny 3ouìds' ln-
cludlng sounds for rhfch a Gcneral Putaose Sq¡nd Level l{ctcr
uay be ¡¡sed.
(2ì SEêciflcatlons
A sound lcv¡l ¡:tar rhlcft æêÈs üê foltotrinE spcclfiot{ots
ls ¡n Inpuìse Sound Levcl l{etcr:
(a)' the sound level æicr, lncluding r nricrrophone :quiPPed
trlth e r.lr¡dscrìêen, shalì æet the sPecificatio¡s of a
6enera'l Purpose Sound Lcvel llet¿r¡
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t¡ìê sofid l¡vel ætff; lncludlng ¡ rlcrcPlænc cqufPæd
r{th r rlndscrrcn' ¡hall Ect thê.sæclficatiotì3 of
IEC 179 ¡nd IEC l79A, ¡uPpìørpnt to IEC 179. ínctuding
tlË optloßt chrractÊrlstics Entlonéd ln s¡òclause
4.5 of IEC l79A;
tltc ¡ound lcyel ætcr ¡hal¡ {icorPoratc A'ruigiting
rs spcclllÊd ln IEC 179.
Prtk Prrssurr LIYÊI Dctêctor
ll ) Pr¡roosr
A PGrk PÉs5urt lcvcl Deæctor f3 a sc¡Íld lcvcl çetrr ;hlch
ls lntstdêd to bc ¡s.d for tlr rlasuFgnent of gcak Frc¡suFê
pêrt¡rrtltlm¡ ln ¡lr. 1l* våls. lndlcltcd by thls d¿vlce is
Dot ln avÊràgË of tjlê 9rÊssurt IGYGI Pcrt¡làåt1ons.
(2) so€ciflcltlons
A soud lcvel ctcr rl¡ich æcts tlhc follo*ing speclficltlons
ls a Peäk Pl.rs3uæ LeYÊ'¡ oêtÊctor (ttrc fcaturrs of tl¡ls de-
vlcc ¡nc lncorPorrtc{ ln rn l4ulsc Sourd Levc'l lþter rs
specificd ln têctloñ 4 rùovc):
(t) tllr nic¡lpltmt of thê ¡ound hv:ì ctcr, üÉn aqulpPed
Ílth I rlndsc|ttn' shall perfon rlthln ¡ tolctance of
:l dB tlrrcughout thê fæquèncy rrngê of fFoo 5 Ìlz to
31.5 tü ln ütc clFc|úståncês r¡ld cordJtio¡3 for use ¡êt
out fn T.blc ì of IEC 179;
(D) tÞ 3ouìd ¡Gvêl'ætcr rttho¡¡t tjtê ¡lic¡Dphone th¡'ll bê
c¡Prblc of Provfding ìlnc¡r rcsPonsr rs specffied in
subclrusc 4.5 of IEC t79, *it¡ln I tolêrrncÊ of :l dB
tJrrurghout thc fÊquc¡cy rrnç of froo 5 llz to 15 kllz¡
(c) t¡e ¡ound ìcvcì æter ¡hall lncoraorate thc optionll
dìrr¡ctcrlstics ¡pcclffc<l ln ¡r¡bcl¡use 4.5 of IEC l79A;
(d) dE ¡ou¡rd ìcvcl Etrr ¡h¡ll Elt tfìr spcciflcatiorìs
' ¡Gt out ln IEC 179 cl¡r¡sc 3, slôclsuJcs 4-1,4.2,4'4,
4.5, 4.7' 4.8, clrusc 5' 3uöcla¡¡s¿3 6-2, 6.3' 6.4' 5'5'
6.8, 6.9, 7.1 tlrrough 7.9, 7.1¡' 8.1, 8-2. 8'3' 8.6 tàtÞugh
8.9. ¡nd the.gFoprirt¿ rpcclflcatlons of¡ì.usc lO.
TtD€ B IntlEratino Sound Llvrl -lbtcr
ll I Purîose
(a) An lntrgratlng Sottill Lavêl t€tlr ls r sound level ¡eter
yhich l5 lntcndcd to bG used for tJle æasurãEnt of souñd o{êr
a pcrlod oi tlæ' suci th¡t ÈtE cqulvåleñt aound leveì
(L*) of ttc souttd oay bc obtalncd-
{¡) fh-Typc I tntlgÍr¡tlng Sor¡rd l,¡vcl !{rt r ls sæc{fled vith
sufflclcnt dyn¡sic ranç rnd rÊasuæÍtnt ¡rccislon to reasut.c
cqulvrlent ¡ound lcvcls of çrærrl somds thât cxclcd
ìlrltå!'lons 3et'out ln thls by-lar.
(c) Etthcr ¡. T¡lÞe A or T¡ryc B tnt grrtlng Sound Lcvcl lteter nav
b€ usrd for Dst suc¡ r9Plications, but ¡ TJDg A Intlgr¡ting
soûnd LÊval t{êter n¡9t Þ usèd Yhên tñc sound undQr sÈJdy
(b)
(c)
6.
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City of Toronto By-law No. l l l-2003
(3)
ls Qu¡sl-Stlrdy lrpulsfve So¡nd
3 rt¡d 4) or rlrn thê opcratlonrl
¡f0 dB.
(scc FC-103 - P¡tcedu'cs'
dpanic ranç gn eatlY cxcÊeds
e) Ge¡craì Descrlotlon
1tæ tolerarces spccffled fbr the rlcrcphone. rcightlng and
rlPllflcr of r Ρrye B IntcErrting.Sound Lcvcl lleær ¡ril the
s!æ es ttrosc specified for a Êelrcral PurTosc Sormd Lrvel
lþtcr ln sectfon 3 of tlrls Publlcaütoo. Tte coqutatimal
PorÈions of the lnstncnt E¡st opÊrate rithin a net accur¿cy of
ål dB lbr tlæ perlods of 20 rinutrs to onc lpur over r {ynamic
rangc of rt lcast ¿t0 dB rltñ têst sigl'lals having I cttst factor
(rs dcffned ln IEC l79A) ¡p to 3. ¡n oPcratoÞactivatd 3rritch
ls includcrd to fnhlblt tlr tniegnÈ'lon furction rlonc ¡nd' ff üle
¡ystcn lncludcs ¡n clapscd-tlæ clocß, to lnhlblt boti ttE integr.-
tim ud tiæ sr@tion functlons.
Spcclfleatlons .
A somd ìevel ætcr ràldt æcts tjlâ'follo*ing sPtclf.is¡tions
is ¿ Trri I Integrating Sound Lcttl lþtar:
(¡) tlË lnstn¡Ert rill çncraìly be a coóln¡tion of uicrophonc'
a4llflcr, &cigñtlng nêtorkr co4¡¡t¡tion circuit to
'o¡tain the integral .gf thê ærn squ!æ A.æightcd Pressune'
disphy rnd ¡ Eans of inhibiting tþ lntcgmtfon'
but æy vary fittu tÛrc ¡Dovc arcvlded th¡t lt ËÉot'Es the
¡aæ fmst{ons rlthln tl|lc tolerances 5êt out bÊlol;
tlre irìstnæot æy include coqutetlonaì cirruitra to calc¡¡-
lrte and dtsplqy tJre cqulvaled sourd lcvcl dii:ct'ly;
(c) ttu ricrcphone of tþ lnstnæÉ shall æet the spccifications
of clausc 5 of IEC 123' crcegt that, ln rdditton to æ€t-
lng tln spcclficatlons of sròcl¡r¡se 5.2 tÞr:of' tlc ¡ticro'
ghånc slull ¡ìso æet tlrc spcclflcatlons'öf stóclause 5-2
¡i:n¿e¿ by ttrê 3ústit¡¡tlon llrercln of m rngl: of insidencc
of r ¡OP lnstæd of t !100, rs lt thcrcln ¡PPê¡ñS, rnd by
tjrc sr¡bstitution of Table l@-2 tær'cof lnsteôd of 1aôle I'
. 15 lt tler.cin !Þp€r'rs¡
(d) r vlndsaner slglì bt instlllÊd on thc sisrspñotæ dûriûg
oærttlon rtd shalì not Úfcct by ærc thu¡ I dB tlp
to¡crrnce prcscribcrl ln clause.(c) ;
ttæ sormd lcvcl ¡pÈr, incl.dlng r nicrophone cqulpæd vlth ¡
rlndscæcn, shall, ¡ien operated in tlÉ prËsenec of rind' in-
dic¡te r rlnd-tnduccd ¡om¡t lcvel not fn ê¡ccss of tie relevant
value lfst¡d ln Tablc l@-3.
the A-nelghtlng neùrorl shrll Eêt tÚre ¡pcclflcatiäns of
f¡ble ti rnd Figur.e I of IEC 123;
the arçllfler shall æct the spccificatfons of s¡Éclauses
7.2,7.3 and 7.ll'of tEC 123:
(b)
(c)
(f)
(E)
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City of Toronto ByJaw No. I 1l-2003
(h)
(ì)
(i)
(k)
for G¡ch ¡?nsitlvlty sêtting of the instruìlnt thc lapllficr
sh¡ll ha've a poci hrnd]lng capaclty ¡t'¡c¡st tO dB 3Êatrr
th¡n t¡c n rifiÍ so.¡¡nd level specifictl for Ùràt sensltfvity
sêttlng;
{f üe c!4utatloî clrcult ls of tùe sa4ling (dlgf tå:) t}"c.
vhcn operùtfng in conJhctlon rftt the ricrophonc' Hindscæen'
A-rælgtrtlng netork rnd trpllficr' lt shatl gcnc'rate a rlgeì
prcportlonal to th! iÊan square A-vclghtad PressurÊ nlth a
I 10.25 3 e¡ponenti.ì rvÜrging tir€ constânti
the coqutåtlon clrcult shàlì lntêgraÈ the tcan squan
A-rclgrlrted pFêssuFe ¡nd.shall be caPEbl¿ of dolng so on
c¡ch sensltfv{ty sctting fpr ¡ ¡¡inin¡¡¡ of 6 filnutcs rt ür
EÀ¡l[a ¡or¡rd lcvel speclfied for t'tr¡t sensltfvity settingi
lf ttæ coqrrtation clrcult fs tot ePàbl. of æetlng the
s6clflcatlon of clrusc (J) vlt¡ the æf¿trncc thereJn to
'6 øinutesn càangcd to '60 rninutes'1, tlren tl¡c dcvlce sh¡ll
bc provided riüì ¡ ælns to lîdlcate to the oærltor ùihcn
the lntêgrrtlon 4påbillty hås bcên cxcêeded;
lf the coEputåtlonal clrcuit ls of tlË sa4llng (dfgital)
t¡rge, :anpling shàtl tåke place !t lcrst bdcê Pcr ¡ccond;
thê corput t'lon circult shall operaæ oYCr tlË usabl?
dma¡lc nnge of ttì€ fnstruÉnt vitlr a llne¡rf ty' of rl dB for
any ¡ound vtth r ratio of peak P¡ÊssuFe to r00t dean squa¡Ê
prrs3ur.ê ug to 3 (cr:st factor ç to 3)i
¡n operator\¡ctlv¡tcd ¡ritch sh¡ll be provfdcd to lnh{òlt
lätlgrâtlon or, lf the lnstlìrmít hås an intem¿l êllPscd tlme
clocl, to fnhlblt Doth fntqÛraÈlon rnd rcc¡n¡latlon of
tJæ;
the coóln¡tlon of rl¡¡dscrccn, nic¡'ophonc. .A-Ëlghtlng
neùot, a¡p'llficr ¡td coqutltion sirrl¡Jt shall h¡ve ¡
usabìc d¡manlc rrngc lrtcnd'lng at lr¿st froo 50 dBA to
90 rßA rnd thc unuf¡ct¡,rer sh¡lì s9eelfy thc useòl!
d¡aric range;
thr lnstnænt my bc provided ¡d1å ¡orc than one 3lnsltlvlty
tettlng rnd the EnufacÈ¡trêF ¡h¡ll sÞccffy tle sinin¡n rnd
nxl¡¡¡'ln9ut tound lcval foi .tch ¡lttsltlvity sêttingi
lf ttp u¡xlou¡ 3ourd ìcy.l Ðec{flcd for my srnsitivlty
settlng ls lcss tll.r 100 dBA, ttÊ sy3trl! shåll lnclude ¡
æahs of lndlcatlng to th! oPêr¡tor thtt thê ExÍn¡m lnPut
sound lcy.l for ttr¡t sensltfvity 3êtting has becn cxceeded
¡nd sucú indlc¡tlon sàålì Dc nint¡l¡æd untlì crncelled by
t¡c opcrator;
ttr¿ dlsÞì¡y sh¡ll lrdlcat clthcr,
(J) ¡n output proportlø¡rl to thc lntegr¡trd nê¡n
squ¡rr A-¡clghæd PrÊssuæ. or
(fì) üre lntcgnatal lr¡n squârÊ A'tælghted PrËssurÊ
d{yicled by the duråtlon of the Period of tfrne
for Hfilch drc cquivalcnt sound 'levcl It t0 be
dêtcmfned, or
(1)
(¡¡)
(n)
(o)
rp)
(q)
(r)
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City of Toronto By-law No. 111-2003
(tfl) thÊ cgulvalcnt sor¡od lcvcl for tþ pcriod of titc
for wt¡ich tha cquiv¡lcnt 3oünd lcveì is to b€
dÊtrrrined;
tt shal'l bc Posslblc !o rcld f¡on.ttre displry or to calcul¡tc
f¡'on tht readÍng of ürc dtspìay, thc cqsivalcnt sound lcvel
to r r:solution of cl dB over tlË usù'lt d¡aoic ranç of
thc lnst¡rænt for int¿grlrion tïæs ftø20 rinutcs to 60
ninutes;
if tlre lndlcatlon of tlre display l¡ ¡s described in ¡ubclluse
(ii) or (líi) of chusc (r),.tiÊ insùrænt shtll incl¡¡de ¡n
el¡pscd-tlæ clock;
thc conpletc lnst¡rænt ¡tr¡ll follol tl¡c æco¡¡endations and lEet
the spc,clficÊtlons of stôcì¡uses 7.4r 7-5,7-6' 7-7.7.g ¡n¿
7.9 of. IEC 123; ¡nd
thc lmtr¡¡:nt shrtl inclr¡de r !Êaß of dettnrining rtætjær the
batttry of tl¡c insànænt lf any, lras sufficlcnt life to pe$t'
prlper opcr.tlon for r perlod of tt least olu hour.
Tv¡c A lntcoratino Sor,md Lc'æl llcter
(l I Puroosc
(¡) An tntcgrattng Sourd Lcvel lletar is r sourul'level ætcr
rñlcà is lntcndcd þ bc ¡¡¡cd for tfrc Easu¡eænt of sound
ovcrr e period of 'Hæ, ¡uclr ttr¡t tl¡c cquiv¿lcnt so¡nd ìcval
(L.o) ot the sound æY Þ obt¡ined.
(b) Ttc'f¡rpe B lntcArating Sor¡nd l¡wl ilctêr is spe€f ficd r{t'r
sufflcic¡rt dy¡rauic nnç and ¡êasutt¡Ënt Preclsion to rË¡su¡e
cqulvalcrt sound lcvcls of çnerål sotßds that.cfcecd
linlt¡tions set oùt in tlti¡ by-ì¡r.
(e) Eltler r Tfrpc A or r T¡çe I tntagrstinE Sound Levcl l'letêr ney
be used for ¡pst sud¡ rp9ltc¿tisns, b¡¡t r T'?e A lntcarating
Sound.Lcvel l{etsr Ìr<t.bê rscd rdrcn tte soi¡nd r¡rdcr s.t¡¡dy ls
'Quasi-Stcady t4ulslvc Sound (¡cc [PC-10:l - Procedures'
Slctlons 3 rnd 4) or rhcn tlra opcrrtlonal d¡anic ranç
grcat'ly cxceeds 40 d8.
l2l 6cncr¡ì Dcscrlption
the tolãaßls specifted for üre EicroDhonê, rcigrhting and
¡4tfficr of e Type À Intlgrâtiog Sornrt Levcì lict¿r rrr the
s¡tæ ts tlrosc specified for ¡ Eeæral.PÚt?ose Sourd Lcvel
lLtcr in section 3 of this Publication- Ttr con9utational
portions of. tlre tnstrrænt n¡st oPtrate ritjrin ¡ ne! tccuracy of
cl dB for tiÉ p€rlods of 20 ¡lnutes to onê hour ovcr a dyn¡ric
range of lt lêast 8O dB rltlì têtt sign¡ls hrvlng r crest f¡ctÐr
(as rtcflned in IEC l79A) uP to 5. An oær¡tor .sÈivatcd $'itch
is lncluded t¡ inhiÞlt both the intcgnrtlon lnd tiË'suilråtion
frmctions.
(s)
(t)
(u)
(v)
7.
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CiW of Toronto By-law No. l l l-2003
8.
l3l Socclf{crtions
Asoundlcvcìæterh'hichæetsthefoìlowingsPecffications
fs a lype A lntcgrrtlng sound. Llvet lletcr:
(a) tlre sound level æter sh¡ll æet thc spcc,ificatlons of r Type I
tntcgrating Sound Lcvel lletcr;
(b) '!lre lnstn¡¡nnt shtll be' Þ¡'ovided vltl¡ rn inter¡a'l
. clapscd-time cloek;
(c) for cach scnsittvity setting of t¡t itlstt¡lænt, tlê a¡plifer
shall havc r 9o¡rer handling capacity !t letst l4.dB greâter
tlrantcrc¡axiqnsoundlevclsgcclficdforthatsensitivlty
setting¡ '
(d)thecoqutåtloncircultshallopcrrtrovcrther¡s¡blcdJ¡a¡nic
riìnge of th€ ln¡trlænt Yith a llnearity of Êl dB for any sound
uith t ratlo of Perk P¡Êssure to ro{¡t Etn squa¡l PrÊssure uP
to 5 (CrÊst Factor rP to 5)¡ and
(e)ttæcoóinrtionofrl¡rdscrccn..mlcr¡phone.A.elghtlngnrt¡rork'
a¡Plificr üd corput¡Èlon circ¡¡lt slrall have r ¡¡sabìe d¡anf c
rrnge lxtending at lcast frø 40 dBA to 120 dBA'
Vibratlon Velocitv Detestor
(1 ) Puroose
A Yibrttion Ycloclty Detcetor 13 ! devlcc lntcnded to be uscd
for tlre !Ë¡¡sure!Ént of the peel Particle vcloclty of ¡ ¡o'l1d
surface.
(z) '!æ!l!ssgs:.
A rleVlcc rùlch æets tlre folloring sp€cifications ls a Yibrätlon
Icloclty oetcetor:
(a) tlrc device ¡trall include citlnr e transducÊr rhich res-
por¡ds to thê total .vlüration veqto? or thÉc trlísduccl's
rhich have tfieir axcs of nrimn-s€nsitlvlty nrtually
orthoEonal sloi.
(b) .rtrcrt tircc tansduccr:s lFe üsed to æasuF! thrcc nutually
orttrogpnal cosPonants of vlbrationr ttre rcsponse of
rny one of the transducêtr to vlbratfon ln thc plane
noruì þ lts rxis of Brlrn sensltlvity shall be lcss
tlran l(¡f of fts rcsponse to the sa¡n vlbration along lts
axls of ¡axfu¡o sensitivityi
(c) thê otrtPut of the devlca sha'll bc prtPo¡ttonal to the
velocity of the surface on nhich tllc bansducêr fs, or
tÌ¡ê transducÊns ane' æunted and tlre outpst of the device
¡h¡1] be fn ¡uch for¡r that the dcvlce lndlcatcs' or crn
be ¡sed to calculate'' the Peak ParÈiclc vclocity ln tlc
freqr¡ellcy ranç of f¡q 5 llz to 500 Hz ovGr a range of pcak
particle vcloeity of fi'oar 0.25 cn/s to l0 øtls Hth a
tolrancê of cìOf ¡ and
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CiW of Toronto By-law No. l1l-2003
9.
(d) .ft'shall bc possiöìe to field-callbratê tCË dcvlcc rltlr
!n lccu"rcy of:5t utng cltficr ¡ raferrncc clectr{cal
signrt ln serl:s vlth lùr cqulv¡lani F¡n¡duccr llçrdance
or ¡ ¡efcrence vibr¡ñon sourcc.
Acoustlc C¡llbr¡tor
(l) Purposc
An Acoustfc C¡llbr¡tor ls rn elcctl.o-echrnlcal or Ëchanicål
devlcr rifeà prcducls ¡o¡¡rd of a lnûíì trcqucncy rnd rhlch.
úcn coçlcd to ¡ sound lctd ætcr, prcduccs r FÊdJctablc
rê¡ponsc in thc ¡or¡nd levcl ætc¡ if tlË somd lwcl i:tcr ls
opcratlnE prcpcrly rt tñe calfbntloî fæql¡tîsJ.
(z) lpedË@eu
A devicc. c¡Þablc of prcducing somd, rúlch æ€ts tl: follorlng
spcciffcations ls ¡n Acor¡t{c C¡lfbrrtor:
(¡) tttc dcrlce shatl be crprble of bcing plrysical'ly rttachcd
to . 3orlrd ldvel ætc¡ ln sr¡ch ¡ ny tt t th¿ d:vlcc
¡td thc sound lsvrl rrtcr ur 'rëousülcally couplcd'.
tlËt l¡, soud froo thê dêvicÊ fs transqitted through
t{rc ¡ir by ny of ¡ clr¡úer foræd þr tfrc rtt¡ctælit
of tJæ devtce to tt|r Eicrophonc of tfte ¡o¡¡ld lcvel Ftcr;
(b) thc dtyict ¡hall pr.od¡ce ¡ornd of r statÊd frcqucncy,
rltùin r fi.cquørcy tolcrl¡ìce sf álz
(c) thc ¡¡nufact¡ner of ttc dsvfcc shall Droyld¿ rlth ttc
devlcc. üy .lata rcculrd ln orúcr to dltrtldnc thc-¡ound
lcvcl rcading rhldr ¡hould bc lndlc¡tcd on ütc sound
lcvcl æter ¡rñen c!,¡lùraÈd f¡r thosc rlcægôonc rnd
so¡¡ttd lcvcl ætrf t!?cs vllf¡ ¡filch t¡ê Eil¡ñcùrrrr æco[Ends
tC¡c tþylcc bc llsed. lllærc rddltional rcccssorics E¡st.be
t¡scd to ptlvldè tCrls ¡or¡rd lcrrl æeding, ü! Enufact¡¡rrr
sh¡ll statc that thcy E¡st be uscd¡ .
(d) thc nxlqa tolcrurcc tn-thc ¡othd Dr-ss$Ê lcveì
gÐeratêd by tln devlcc ñcn couplcrl to t¡c Dlcllphone
slnll 4ply oycr rn rbsplærlc Drrsst¡r'r Èngc of 87 kPâ
to 107 lP¡, and ¡lnll ör t0.5 dB ovcr üê'tlqerrtüê
rurç of fïoo OoC tû ¡OpC rnd c¡.0 dB ovrr tÍê ttqcraturc ri¡ngê
of frm -looc æ 50oG¡
(e) lf td¡c dcvice ls htttrf polcæd, naru for chctfng
fùc bett€ry condltion shall óc lncludcd rltl tnc devic!¡
(f) tlc lollorlng rl¡ta ¡hatl be pr.ovldcd úith the .lêyice by
tne Bnuftcû¡rÊrr
(f ) ürc nocin¡l ¡ound pl.cssur.e lcvcl prcduccd,
(ff ) ütc nmin¡l fi-qucncy rt h'àlcì tlæ rhvtce opciatcs,
(llJ)tfrc trnges of temcr8ùrr€ üd lt@sphcric ptÊssuF!
ovcr rñlch the dcvlce ls lntandcd to oæraæ, rnd
t¡G aÞp'lictbìe overall sourd pr.essùrc level tolerance
for th¿sc nnErs-
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City of Toronto ByJaw No. 1l l-2003
TABLE 102.2
Penrissibl e Toì erances on t{i croPhone Sensi tl vi ty
0vcr an Ang'le of = 30o
* coLltrùl A: Ttæ ¡¡icrophone is munted on the sound lcvel æter.
,F Coltllûl 8: Ttre ricrophone is physically separated -Ú:on tlre,-soUnd
lcvel ret¡r Þut clectrieaìly connected tterÊto'
TÁ8LE I02.3
llaxiu¡n tllnd Induced Sor¡nd Level tndlcation Uslng A-rreighting and
Slor ResPonse (rhere avallable)
Permisslblc loler¡nccs dB
8Ér
$
.:ì+1-2
+l-C
+l-10
Frequcncy Hz
31.5 - 500
l0m
2000
40ql
æ00
Ar
l¡:l
!2
!4
lì0
tlind Speed dBA
t5 km/h
20 k¡t/h '
25 kn/h
4t
48
53
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City of Toronto By-law No. 111-2003
Puülication I¡PC-I03
Ptrtcglugæ
¡. Scooe
This Pub¡icåtion csrprlses tåe varlous æesulnent prccedurrs to be
uscd in connection rith otler Ptúlications rhich provide linlÈs or
standatds for somd or vibr¡tion, Several of ttre proccdurcs rdopted
rrt t¡þsê of n¡tioa¡?lJr or intêmationally rucogmized rçnclrs.
Table 103-l llst¡ tìc tpasusÉnt procedurcs rlricà ¡æ lnciudcd in
this Publlcatlon.
TAELE IO}T
Tcchnfc¡l lþfinltions
Tþ t¿chnical terrs r¡scd in r pr.ocedurc sh¡ll have türa æaning given
eltl¡er in thaÈ procedure or in PuölicaÈion lPc-101 - Tecñnical Definitions.
¿-
103
3
1
5
5
7
8
9
Tylc of Ëeaswtætt
Stیdy or irpulsive sor,rrd
Vtr?ing sound
Sot¡nd rnd ribration fron blasting
Pûfcr.Êd ¡æbilc constructlon equlrent
Pnerntjc cqulpænt
$all argines
Trucls rith govcned' rlicsel engines
Prccedurc
-
. ilinlstly
llÍnistry
.lfinlstry
SA€ J88a
IBIÀC
SAE J¡046
csA 2107.22-r{
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City of Toronto By-law No. l1I-2003
3. Procrdure for lleasur.ãEnt of Stcrdv or ¡nflJlsive So¡rìd
(l)(r)@
For th¿ purposcs of tJris pr-occdurc sor¡ncrs ean convcnfcntly be
placcd ln four øtually c¡clr¡sivc ategoriês rs follm::(l) l4ulslve somds, otùer tt¡an Quasl-steady ¡çulsivc
Sourds, sudr ås, but not liulttd to, thc sound frca
gunstnts, ccrttin rxplosfve DCst control dcyiccs
and ccrbln lndu¡trh'l ætrl ¡orklng opcratlons
(c.g. forgl¡g, lnrn:rlng, ¡rnching; staFlng, cutting,
. ionning ¡nd æuldlnE)¡(fl) Quail'-Stradt Iquìslvc Soundsr suct¡ !s, but not ll'lted
t9r UrÊ so¡¡ad fron p¡ve{Ett b¡-aker:, rivctlng gnars, tn-
rffecÈivery q¡ff¡cd rntÊr'na¡ c'É.*tron önglnes or irr
cffectlvely n¡ffled rir coqæssors ;(lll) h¡:zing soundsr such ls, but r¡ot li¡rited to, üË.somdsfru posltlye dlsplrccært Þloier¡, ct¡aln sa¡rs, suill' coù¡jtton grgines tnd 'concnte finf sher:¡
(iv) ¡ll othcr sounds.
(b) ÀDÞlfcltion
Thfs prrcedurr app]lcs to rærsurt*nts rt a point of ,tception
of:
(i) sor¡rd of a tJDe æntioned in category (i) or (tt) ot
cl¡¡sc (a)¡ ¡¡rd
(ll) sourd of I t¡4e æntioned in c¡tegor¡cs (fii)
or (iv) ofcl¡use.(a); rñidr ls alrays higher than
thc pcruissible levcl or rùlcù, xtren üre sound ls
prcsetttr docs not vrry in lcrçl over a ntnge of mre
than 6 dB during,the perfod of observation.
(2) Instn!Ëntation
(a) Sormd Level lht¡r
(r) An lpuìse sor¡rd'Lever'Hêtcr shalr bc .oed for the mrsu¡e-
ænt of ¡ound ln category (i), (ll) or (ilf) of clluse
3(l) (a).
(lf) Â Gørcr¿l Purpose sou¡d Lcvrl retcr shåll be used fpr üre
!ËrsurÊæìt of soqrd ln catrEÐry (iv) or cr¡¡¡sc 3(1 ) (al.
¡OTE: An lnEg,rating Somd Lcvet lbtcr nay be used for
ttc æasuræn! of sound ln category (lv¡ 6¡ clause 3(l)(r), but thc procedurr set out ln sectlon 4 - p¡lclduË
for lleasuæsrt of Yanr¡ng Ssrod E¡st !e uscd.
Cal lbrator
An AEoustfc C¡ltbra'tor sh¡ll bc sed.,
lllndscrrcn
A rindsc¡ccn sl¡rll be uscd in. all outdoor q!¡surrÊ[rntt.
(b)
(c)
Correspondence dated June 7, 2011 from Outback Camping
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Cityof Toronto By-lawNo. 111-2003
(3)!|ÊesûËicttt Locatl on
For sound transEltttd sollly thrcugh air' thc !Ëasurc[rnt
'location sh¿ll & one or lrlrÊ of tnc folìoring points of
FÊception:
(¡) r loc¡tfon out.oT-dootr xfterl a peton ny be
exposcd to tte sound¡ or
(b) the Plane of ¡n Êxtcrior door or rlndor of a rcon
ln rtrfsh e pemon lray b€ cxPoscd to the ¡ornd' rlrcrt
tl¡c door or vindol is open.
lJse of lnstrr¡æntåtion
la) Bettlrv Chcck
If tJrc sound lcvcl ætcr ls battery porerud the condition
ol the battery shrl1 bë checked.aftcr thc tutcr h¡s bêln
rttoued to'waro r¡p rnd stablllze. 1þ btttery condftÍon
shall be æcheckld ¡t l€¡st once per hour-during a ¡crles
of æ¡s¡t¡.caents ¡nd at tàe conclusion of such neasureßËnts'
Thc ætcr shåll not be rscd unlcss the b¿tæry condition is
confir'¡rát to be xlthin the range rtc@rnd€d by tln nanu-
f¡cÈ¡¡rei for ProPer oPcrution-
(b) C¡Iibration
Th¿ so¡¡nd 'tcvcl ætcr shal¡ be calibrated ¡ftar tlæ æter
has Þêen ¡llo¡cd to rañr up úd st¡billzq¡t lcast mce
.pcr hour during r serics of ¡rËisurgænts üd at tJË conclu-
sion of sudr æasu'cænts.
(c).@
tleasuruænts shrll be takcn using tlæ fol'lodng rêsPonse
settinbs:(i) I¡pglEe-&s¡slse-(g4U
Tlæ t4ulsc resPon'se ¡nd A'¡çlghttng shall be ¡¡cd
foÞ i4ulstvc sound in categota (i) of clarsc 3 (1)(a)'
An 'l4ulse hold' facility æy bc rsed lf ¡vailablc on
the ¡etcr.
(ii) Slor Responsc (dBA)
Ttæ slor rdsponsc rod A-reightfng slull bc uscd for
sor¡rd in categprlcs (ii)' (iir) or (iv) sf cl¿usc
3 (l)(a).
(d)@
lll Rêflectlvc Surfaces
the øfcrcplrone shall be locaæd not ltss tlr¡n I n ¡bove
tlre grornd, not lcss than I .o frcn any sound Eflestivc
sur-facÊ !¡ccPt for tlìc Put?oses of clausr 3(3)(b)
and not'lcss th¡n rrTì's lqlgtt fi¡n-ttrc body of the Pêrson
operattng tlrr !Êtcr. llot ml.e tll¡n one peri¡on' other than
the opcrltor of tlre ¡ttrr' sha¡l bê trlthln 7 m of tjlc
¡ricrophone ¡nd that pct'son strall be behind t¡Ê opcr8tor
of the æter.
(4)
Correspondence dated June 7, 2011 from Outback Camping
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City of Toronto By-law No. 11I-2003
' For thÊ crsc of cl¡¡¡se 3(3)(b) tñe n{crcpione shalt b¿
in tåe ¡lddlc of ù¡e rpertuæ located not less tlun
15 c¡¡ frcn tlÉ vlndon fran or door fru:.
(li ) Hicrophone Oricntatlon
'The dic¡optpne ¡hall be orlent¡d such tlr¡t the sound to
be æasurcd ls lncident rt an rngle ¡=coæ'ndcd by the
n'l crophoræ ranufactr¡ær for fl attest frequcncy rresponsc
in I frec ficld.
(c) lþasureíËnt - Slor R¿ssonse
(l) Readincs Tatm
For sound fd cateEorlcs (lf), (iff) or (fv) of clausc'
¡ (l)(a), a niniøa of tiræc ob3ervatlons ritlr a ¡rlniuúl
oösêrî.tlon tiæ of'15 s cactr shaÌí ¡c mde. T1æ obscned
rverrgc rcedlng for cach of tlæ obsenations shall be
rþt d rs ¡ell rs tlæ nlni¡rn and tfte na:im¡a of '$e range
of sound levels durlng sach obscmtion g€riod.' If tt¡e
diffcnncc Þebrccn roy ho obserttd average neadings ls
¡ater.tn¡n 3 dB, r ¡rinin¡o of six obscrvations shalì
þc ndc. . For thc purposê of ¡dJr¡st¡rnts for lÉerûrit-
!tcncy ttr€-duratlon of tJrc sormd fn ¡ny on! t¡o'ur ¡hall be
¡rotcd.
(it) !e!!¡g:-®!4.
llc arlth¡etic æ¡n of tåe obsert:d avÊr¿ge rcadlnç
shall be reportcd, rcunded tD tjre nearest declùel. Adiust-
ænts for lnter¡ittence and quallty of sóund slrall be
nde ln accor{ancc ritlr Publication l{PC-104 - Sor¡rd Lcvel
AdJusænts, and the rcsult shall bc æportd. The
Ësul.t ls tlre one hourequivalent sound level (L*)
of tln sould undcr study for rny qne hour period
durinE vhlch thc rÊadings ¡erc t¿kcn PuBUant t0
¡ubclaúsc (i).
(1ii)¡llde Yarlatfon of Sormd t¡rels
If, ln mklng observttions PuÉuant to sLùclausc (f ),
dreæ is a difference of ære than 6 dB beù¡een tjp
lorrst and high"st values of t¡c obseryÊd ranges of
sound lcvels, tlris prccedurc shell not be æed ¡¡nìess
thc lo¡rr lirlt of each such ranç is above tfic rari¡um
permissfblc lcirel . Irsterd' tlre procedurr set q¡t in
Scctlon ¡l - Prcc¿durc for lþasurc¡rnt of Vtrying Sound
at a polnt of rcceptlon, sln'll be æcd.
Correspondence dated June 7, 2011 from Outback Camping
regarding "Request for Noise By-Law Amendment".
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City of Toronto By-law No. l l I-2003
(f)IteasuraEût :.!Ípuìse ResDonsê - tÊaurît l@ulsrs
fll RÊrdinos T¡lltri
For sornd tn cltegory (i) of clausc 3 ('¡) (¡) mt lcss
ttln 20 l¡Ðulscs shatl be æ¡sured rlthin ¡ @ntinuous
p€t'iod of 20 minut¿s ¡nd cactr æ¡surrElìt þkcn sh¡ll
Þ æportal.
l{{l Extêrìslon of Tl¡e
LtEË r ¡rinfarm of 20 lÐul¡es c.nnot be æqsured within
¡ coniln¡ous Þcriod of 20 rlnutcs Pursuant to subcl¡use
(l) tàê t'læ pcriod ny be Htrndêd to 2 hour¡ lf ¡n
i4ulsc occltlïld ln cadl of tåê for¡r consrcutf Yr pÊriods
of fiv¡ !¡inutr3 cach during thc lnltl¡l 20 rin¡¡te Elasurê'
lr!ìt perlod.
lllllLcv¿l Rcoort¿d
Tlæ Logaritffic lbrn t4ulsc Sound lrvcl (tttt) of tlte
20 or ær'e æ.¡urt¡slts ¡hått ba c¡lcul¡æd ând tÛ-
Port d to thc ncrÊst dcclbcl. this þrr{tirnlc }lern
tçulsc Sound Levcl ls ¡ vallrl rnd êffêctivÊ sound
level for ttv one horn'pcriod rluring ràlch æadings
¡:æ úkcn Pur¡u.nt to subclrusês (f ) md (if )-
tlersur.aËnt - t¡pulsc Rlspoßê - Slnqlc Errnt
'R¿¡df¡qs Takcn rnd Reporæd
For lqul¡lw ¡ot¡nds in cÂtegory (i) af cl¡usc 3(l)(¿)' tt¡at
occur ùs rfnglc, sceolngly lúePaldant rv6ts not noræÎly
æasurrbl¿ ûsing tlre pmccdule sêt oüt fn cle¡¡se (tJ tor
frtgucnt lûPulscs, c¡dr l4u1s¿ ¡hrll bc fndependcntly
¡casuæd ¡nd c¡dr lçulse ¡ou¡d tcvcl rÊported to tJË
nrlltst &clbêI.
Yrrlltf on ln'C¡l lh,ration
llèasr¡rænts ¡h¡tl ¡o! Dc.rePortcd ff tþ sormd lcv¿l
ætr c¡libr¡tlm has chuged ¡pæ ü¡¡n 0-5 ttB fron tj¡:'
pævious cllib'ratlon. -
lleathcr Cdldftlois
ll) ttf¡d
llelsuËænts sh¡ll not bc trþn rñlê3s th! *ind-induccd
¡o¿md ìcvrl ls mrc th¡n l0 dB belor the æasrrcd 'lcvpls'
R€flEôc! should Þc Edê to Publieation lfc-102 - ¡nstn¡-
rEnt¡tlon, prrtlcuìarly Trbìe 102-3-
lii) HffiidltY
tþrtur!ænts str¡'tl not be t¡kan lf the re]¡tlvc humidf ty i5
åbove thê nxiun for rtrich tl¡e æter sPccificat{on is
. $Jarrntred by the Enufâctu¡'¡r (riorully 903).
llll lPÉclottltlon
lleåsúæænts shrll îot be t¡ken during prcclpltåtion'
fivl lcn¡ocr¡ùrc
lbr3ura!Ënts ih!'ll not bc t¡kcn rÛæn tlre ¡fr tãnPcrÛture
ls outsldê tic ranç fo" Yñich tlÉ tPlcification of the
instruGnt ls EoaranÞcd Þy the !.'lurtaçturer. (Norl8lly'
only the loYrr tê4€ratl¡l.Ê li¡rit is significant.)
(s)
(h)
(l )
Correspondence dated June 7, 2011 from Outback Camping
regarding "Request for Noise By-Law Amendment".
Page 206 of 313
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CiW of Toronto Bylaw No. 111-2003
(5) Docuæntatlon
The follor¡iag t.eprcscnts thc niniu¡r lnforntion rhich shall bc con-
ain€d in r rcport of ¡n lnvestigatlon rhclt üre rbove procedurc
vas çed. (Adaæcd fTom CSA. 2107.2-1973 llethods for, thc tGasu:rcnt'
of Somd Pr.cssur= Lcvels. )
(a) Acoustic Envir¡n¡ænt
(l) þcation rnd descript{on of sound'sourccs.
(lf ) Diænsioned sk¿tch includlng ptrotoEraphs, if possib'le,
of tåe. loc¡Ëion of tJ¡c sound source and tl¡e point of
r:ceptfon, shorlng ell bulldinSr t¡res, gtrustrrËs
rnd u¡y otìèr souú rcflccÈlve surfac¡s.
(llf )Plyslcal tld toægr+hical deserlption of tie ground
' s¡rrfacc
(lv).|{eteorological conditions pr.cvalling ¡t t¡e ti!Ë of
tie lnvestig¡tion including approxiuate local rind
spced ln'ln/h, rind direction, air teryeratr¡¡e ln 0C,
appt:lætc rclatlve h¡qidity .nd exænt of cloud cover.
(b) . lnstn+entatlon
All the cqulpnt uscd for nkfng somd lcv¿l rneasuæGnts
slull be llstcd, {ncluding:
(f ) type, ædel end serial nlóer of ¡ound level æter;'(li) type, ædel ind serlal nrder of dcæphone;
(iii)b/pe' ædcl and serl¡l nrdcr of Acoustic Calibrator;
(tv) txtcnston cables ud ¡dditf'on¡l ¡¡pllfier, lf rscd.
(c) Acor¡sticaì Oata
'The æasur.eæ¡rt details shall be êscrlbcd, including:
(f ) tàe loc¡tion of tj¡e ricrtphone, .cfng r slatch
lf ræessäryi
(li) æasurænts or EedinEs'obtaincd, pr:fcrably listert
f n t¡Þulrr fo'rr, rrfercncing location qì e ¡þtch or Dap,
. tlæ pcriods fnvolved, rnd ælcvant data r.e$rirÊd for
mklng calatlations¡
(lli)adjusUænts mdc for quaìlf of sourd or tntcn¡ittence;
(iv) details of any calculations¡
(v) cooparlson rrith rpplic¿ble sormd level linits, standarts or
ryidelf nes.
Correspondence dated June 7, 2011 from Outback Camping
regarding "Request for Noise By-Law Amendment".
Page 207 of 313
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City of Toronto ByJaw No. 111-2003
4. Prrc¿tlut'c for l€rsürÊrEnt of Varvíno Sôund(l) (¡) 9!.tÉ!Ís4!e!.
for tlic Dnrgosls of ll¡is grccedurc.somds c¡n convcniently
ôr'pl¡c.d ln four Eru¡lllj/ c¡clusfvc c¡telprlcs rs follors:
(f ) fçulsive ¡otmds, oth.r UËn Qu¡si-St ådy tqul¡ivc
Sortrlds, such rs, but not ltEttrd to, tlË ¡oond
frûr gullshots, clrtain c:glosive pêst contl?l devices
rnd. cÊrtaln industrirl Ëtå'l ïorking ogentlons (e.9.
for¡fng, hanrnrlng, punchlng, stãÐlng. cuttlngr formlng
rnd muldlng)¡
(ii) Qursl-Stcady lqulsivc Scx¡nds, sueh !s, but not li¡nited
tq, ú{Ë ¡ol!ìd froo pàyeænt brc¡kcrs, riyrtiÍE guns I
lncfltctfvely E¡fflad f¡tcrn¡l co,óustion cngims or
trrcflcctivcly E fflêd rlr coqrcssors¡
(ífl)buzinE ¡ounds, sudr !s, but not linited to thc sound
ñur posltlve displacænt blorer:. dr¡fn s¡xs. s¡¡all
c¡¡ôustion rrtgtnes rnd @ncrrt! finislErs3
(lv) ¡ìl othêr ¡ound3.
(b) Aoollc¡tion
Thls PÉccdurt ¡pp'tfcs to ËrsuæGnts at r point of reccptioir
of co¡rtinuo¡¡s or lntèr¡rittrnt sollld æ'ltloîed l'n category
(il), (fli) or (iv) of clansc'(e).
(2) Instnrent¡tlon
(a) lntcoratlno Sound,Lcæl ]let¿r
An lntcEnting Sormd Lcvel lbt¿r sluìl bê uscd'rlrich is
¡pÞroÞri¡tc for the so¡Dd to br æ¡suæd:
(f ) Efttær r l¡'pc A or T¡rpc I tnæirating Sormd L¿vei tleter
Ey bc used for tüe E¡srm¡oq¡t of ¡ou¡d ln catagory
(ly) of cl¡rac 4(t)(a)¡
(if ) .A.Typc .A 'Intc¡rnting Sqrad Lêycl -lþt¿i .sÌ¡¡ìl be .rscd for
tlæ æasur.:qrt of ¡or¡nd in crt gÞrics (ii) or (iÍt)
of cl¡¡¡sc a(t)(r).
(¡) Ell¡nto¡
A¡ ¡coust{c C¡llbrrþr ¡l¡all òc ¡¡scd.
(c) Tlnrtscæcrt
A yfurdscæcn ¡tull ic r¡scd ln rll outdoor lElsuæænts.
(3) l{easurcænt Loc¡tíon
(a) @-soum!
For ¡ound transûitt€d solely througrh tir, the æasureænt
locltict slull àe orre or E¡r of tlc follo*tng polnts of
æception:
(l) r loc¡tlon out-of-doons xlìeæ r Dcñson Ejr be ¿xposcd
to the ¡ound¡ or
(fi) t¡E plrne of ¡n ?xtcrior'door o¡ rindq'¡ of a rcon in
rùlcft r pêrso¡ ty bê axposcd to Èlre gound, rhere the
door or rlndor ls open.
Correspondence dated June 7, 2011 from Outback Camping
regarding "Request for Noise By-Law Amendment".
Page 208 of 313
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City of Toronto By-law No. 111-2003
(4.l use of ¡nsü.læntåtion
(al Blttlrv Cl!êct
If tÅê ¡ntÊgñtlnó Somd Lcvel l{cicr 16ê5 ! b.tt!rt' thc
condltloß of tiê òttt f,y ¡h¡ll Þ chêck d brfoæ ê¿ch
Eåsr¡rtrstt. a¡td Ërsülæni sh¡]] not æGncr unlcss t'lrc
' battery hrs ¡ufflclcm llfG rcmltl{ng þ P.tlrit ProP.r oP!r¡-
tioî lbr ¡ Period of,¡t 'lctst otìc hoür.
lb) Ctllbtttlon
1Þ'lnægrrtlng Somd Lcvcl tGtcr ¡lrrll bc c!ìlÞratê.| Þfot€
tnd lttÊr .âcl¡ æasuttænt Dcrlod.
(c) J@Ës@ggffl RÊflrctlvr Surfrces
TlÉ ¡lsroghonc s¡nì¡ òa locr¿d not lêss tùln I ¡ lòovÊ
t{rc ryorad' not lcss tà¡n I n fTm ¡ny sourd rê-
fltctfvÊ surfac! êræpt for tË F¡t?oses of subclausc
a(3Xt)(ff ) ¡nd rÞÈ lcss tlun rru's ìcngrth f¡'on tlte
Èody of thc Dêl'3oll oPenting tlË æt!r. llqt ært tj¡an
onr plfìsoo' otlrcr tlun thc oærrtor of thê Ftã. ¡hrll
bc rlthl¡ 7 ¡ of ilr ¡lcroplon¿ ¡¡d th¡t Pêl'¡on rhrll b'
Þhind ttË oPcntor'of thc !itêr- For tJæ c¡sc of ¡ú-
cl¡¡¡sc ¿l(3X¡)(if) ttte Elsr¡Þlrone 3h¡ll b. fn tåe riddlc
of t{Ë r9ã-Ut¡l locrtad noÈ lr$ fd¡¡n 15 c¡t ft@ ltÉ
ú¡rdon fiæ or doorfi¡æ.
( f I I llicr¡ohonê fH€tttttf on
Tte cieropl¡orc $rtt be orlc¡tt d ¡ucì th.t tlE 3ound 10.
t æ¡s¡¡ltd $ frFidãtt lt ñ ]rglc ncoren&d þ tne
' ElcmPlrm E¡itrftct¡¡ttr for fl.ttlst fitquatlcy rêsponse
ln l.fi=e flcìd.
(dl Extrinêo¡¡s Sôr¡rols
' ItËn lElsurlng thc so¡nd frst I ¡ourc!' ltÌtlg!'atfon ¡hall
fru tlæ to tlc'òG irùibtt d'by tùe oPsrator lGdlÀtely
¡rþn lûc ¡ccelvrd ¡oud l¡ døin¡tcd by ¡ound ftsD ¡ soÚrcÊ
olùcr lÚr¡n thÊ sout'ÊÊ un&r st¡¡dy ¡nd lt ¡lull rccln lnhlbltcd
rhílc ¡r¡ch ¡ cûnd{tlon Dcr=lsts lnd for rt:êrst l0 ¡econds
ttrcrr¡ftrr. Uhllt lnt!tr?gton ls túlbltãt tcË'rlrPsêd ti¡Ë
l¡sed to'calcul¡tr thê aquivÀlc!ìt ¡osnd lcvcl shåll tþt b'
rllorc¡l to ¡csd¡lrtê.
(r) l$¡e.
If t¡! ¡ntcaÍltlng Suard Lèrel l{et¿r 13 not Pl'ovldcd rlti ¡n
lntêruì clapscd-tlæ clock. làc o9crttor 3hàll rcqs¡¡¡tê
thc cl¡Èed tlæ durlng tñr æ.3uttæ¡t Pctlort by æans of r
stoÈÍatch or otlËr tiæ Elsur{ng &vlcl.
lf) . Rêrdlnos
liÌ Stât{onrrv Soutr' tltËn ærsuring tlp ¡q¡nd fFofi r tt¡tionaE ¡or¡rcer
ælsurt!:ìts to ba u3êd fn crlculrting lt¡u'lÙ ¡h'll be
tåktn durlng r contlnuo¡¡¡ Dcrlod not ln cxcc¡s of qtc
ho¡r and, for gnloscs of crlcul¡tlon üd tlporttng of
Correspondence dated June 7, 2011 from Outback Camping
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City of Toronto By-law No. I I l-2003
(s)
(h)
rÊ3ults, tlrc lccuùlrtad eìrpcd tflt of ¡EåsuFlrEnt ås
obtalncd ln lccordtnc! rlth cllssê (d) fr drüEd to be
one hour if thc accrri¡lrtêd tlÉ ls 20 Eínutês or mrr.
l{eùsuæænts contålnlng lnforation fr!î rn rcq¡u¡'latcd
tlæ perlod of lcs¡ lñrn 20 F¡nutÊs !É lnrufflcirnt
flr pu?oscs of crlculrtfng t¡rê cqúlyrllnt ¡oun¡t lcveì
(L*) ot r ¡tltiomrl ¡ourcÊ.
(ll) Ro¡d Tnfffc lloisc Sourcrs
tahcn ærsuring ttrc ¡or¡rd ùur r¡¡d tr¡lÈfic the rccurul¡tèd
clrpscd tlc obtllnd ln ¡ccort¡ncc xlth cìruse (d)
¡h¡ll noÈ be l¿ss tårn ùrent, ¡lnuæ¡ ¡nd the ¡ct¡¡¡l
rcqn¡ì¡ted c]!ps!d tlæ of ¡ersurrænt shrll be
r¡scd for pur?oscs of calculation.
AdJusùænts
á4iusær¡ts for qua'llty of 3ol'ld 3hall ùe'rade ln rccordrnce
rlth Publlcrtlon IFC-'lof -.Sound Lrvcl A¡ljusænts ñd thê
r-sult rcportad. flo ¡djusænt ¡h¡ll !e nde for intlnnlttrnce.
Yrrfltloî fn Clltbntlon
A ærsuttclt ¡hall Dot !c æponcd lf lJr Integrrtlng
Sound Level åetcr i¿llbrrtlor ¡fter thc æ¡surc¡cnt period ls
ærc tàrn 0.5 rl8 rllffcrcnt frÞn tùåt bcforc tln Ersr¡æEnt
æ¡rccd.
Lêaüìêr. Corditions
(f) ïrnil
llersu'trËnts slull Dot ôê Eê ml!33 tlË rind-induccd
¡ormd lcvcl fs ælr Itlln l0 dB bc'lor the ¡Eâsurrd ìevels.
Refaænc¿ ¡lnuld bc Ede to Pr¡bllc¡tlon nPc-102-InstnnEntà-
tion ¡rú parùlculæly T¡blc.102-3.
(lf ). Hr¡¡idlty
Itast¡r.crËnts ¡lr¡lì not tê t¡þn ff ftìe rclrtive huridity
ls tbovc thê Exlù¡D for rt¡lch tùê.æter sÉêelficrtion ls
gnranntcca by thc ranufrctrncr (ær¡lly 9ü).
(rfi).EeÞ!ÊÊ!s¡.
l{êasutwrts shrll not òê trþn during pæcipftôtlon.
(iv) IæcE
Íeúutænts sùall rpt Þ taþn ¡ùên tha air t!úæraù¡r!
ls oútsi.lc tìh€ r.¡g€ for rùlch th. ¡prclflcrtJon of tàe
fnstnEnt is guarrntecd by thc nnufacturcr. (ltoraatry,
only tlre ìorer tcopcraù¡rc lioit ls ¡fgníficant )
Re¡dfnos ReDoÉld
(f) For somd froû a ¡tåtfonaty sol¡¡ca. the v¡luc to bc
ttportrd brscd on ælsurcænts Dé aü¡Îlng tlìc
rcqE¡l.æd Glrpr?d tlæ of æ rlnstts or ¡o¡c ¡nd
the tlË pcriod for calculrtion rùló l¡ oDe hour
ls, aftcr ¡dJr¡stÈnt ln ¡c¡¡rdance rltfi cl¡¡se (l)'
urc oin hor,¡r cqulya'lcnt ¡ound level (L*) of tie'saund
llldcr study for rry otæ hour pcrlod ú¡r{ng rhtch
æ.suËltnÈ Hrl¡e t¡ken putsu.nt to subclruse 4(4)(f)(l).
(i )
(i)
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City of Toronto By-law No. 111-2003
(s)
.(fl) For ¡o¡¡rd ftla'rctd tr¡fficr tàe vduc to be rcporÈd
b¡scd on lErsurænts nadc durlng thc rcc¡'d¡-
lrtcd clapscd tiæ of 20 ninutcs or Dr¡e ud the
tiæ ærfod for crlculaÈlon rhlch ls thc rctual !ÊsuÈl-
ìrtrd tlapscd tlæ' ls tlrc crc hour cqulvalcnt
¡ound lcvcl (t *) ot tltc sourd unêr ttut for rny
oæ l¡our ærlod durlng rùldt m¡sutucnÈ ¡cæ
trkcn pur:uant t3 ¡rôcl¡lsr' 4(4)(f)(rl).
(frl)rùc oæ tpur cqulvalcnt ¡ou¡ú tevcl (t*) lnrrt m
'rcPortÊd to tàc Ëræst d€sfbcl.
lbeæntâtion
Ttre follærlng ¡Êp¡Êsents thc ¡inln¡r lnformtlon rhich stnll b€ conttlæd
ln a æport of rn lnvcstlgtion ntcrr ltrc ¡bove p'roccdurt ras usrd'
(A¡taPt d fr¡o CSA ZfO7.2-1973 lGt¡þds for ür lþ¡suæ¡çnt of Sound
Prts¡r¡tt teYel¡. )
(a) Acoustlc E¡viænEmt
(i) Locttlon rnd descriptton of gomd ¡ources'
(tl) A flst of thc types of e¡<tr¡¡reous ¡¡oi¡c ¡ources
¡lrich c¡uscd inttgration to Þ inhlbitcd during
ætsu¡roanL
(ill)Dlcruioncd skctch lneluding Photograths, {f possible' of
dtc loc¡tion of the so¡od lou'cÊ üd.tjË Point of æccption'
shorlng rll bulldings' ttlts' stn¡ct¡trcs end rny otlrcr
so¡lltl tlflcctlve surf¡e¿s-
(iv) Ptualc¡l ¡i¡ø toægnphical descriPtion of tlæ ground surfacc'
(v) tletlotltogtcal condiülons prevalllng ¡t the tlæ of tle
inyestigrtlo¡rtrrcludingÞpl.orl¡ntelocaìrtr¡dsPcedlnln/h'
rind dlrcctton' rlr trûgcnt¡¡lt fn gC, ¡pPt¡xlÉt¿ rclative
. hlEidlu ütd Gxtcttt of cloud covcr.
lb) InstñGrtåtlon
A}tt¡cGqulæntuscdfornklngsorndlcvellæasur.eæntsshall
be listcd. includfng:
(f) tü?e, Þdcl e¡d ¡cri¡l n¡¡ôcr of ¡Íttgrtting Sound Lcvel
lletcri
(if ) tlDtr ¡od¿l ¡¡d ¡erirl nrder of qtcr¡Phom;
(iil)tyPe' ædel u¡d ¡crl¡l ¡rd¿r of Aæt¡sËlc C¡'ltbrator;
(lv) cxtcnsion cablcs ¡¡rd rrlditional ¡çllficr' ff us:d'
(c) Acoustical Data
Tþ æasutænt det¿tls strall þ dÊssribêd' lncluding:
(i) tlË loc¡tion of dæ ¡tcrtphoner ¡¡siag a sketdl tf
îÊcÊss!Ìr3
(if ) thê contin¡¡ot¡s tiæ Deriod of obscwltion;
(iif )the ¡ccrø¡latad elapsed tlæ of ltasu¡ÊËnt follodng
tÍre procedurt of cì¡usÊs 4(4)(d) and (e):
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City of Toronto ByJaw No. 1l l-2003
(iv) t'le Intcarating Sound Lcvel ltetcr E¡ding or outPut .nd
rny.othcr rrlcvrnt oita rrqulrcd for calculatlons¡
'(v) rdjustmnts mdc for quallty of s.ound;
(vi) deulls of ¡ll celculatlons¡
(vii)tjr¿ cquivalcnt ¡ound lcvcl¡ obt¡lncd' Prcferdbly listed
in labul¡r forn, refercnclng locaÈlon .on 3 sketch or ßpi
(vlii)co¡paiision rltlr æptic¡bl: somd Icvel ll¡¡lts' standards
or guidcllncs.
Correspondence dated June 7, 2011 from Outback Camping
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of Toronto By-lawNo. 111-2003
5. ProcÊduæ for lbr¡ur.:¡çnt of Sound ¡nd Vlbr¡tion
@!¡¡!l¡g-9es¡¡!lons
(l) Appllcation
This proccdur= rpplics to t¡e æesu!Ënt of sound (concussion)
¡nd vlöratlon dæ to bìastlng opcrations.
(2) Sound
(a) J¡:@9qg!.eg
(i ) lGasurinq Dcvlcc
A Pc¡k PÊssurc Level Detector slall be uscd.
(rr) g!.!!Egr
An Acoustlc Callbrator slall bc used.
(iii)utn¿æ.
A rlndscrccn sha]l be used lñ all outdoor æasurcûtnts-
fb) lþrsurrnent Location
Tlç æa¡urætt locatloh sh¡lt bc tt a Polnt of recePtion
out-of-doors r¡ithin 7 n of r bullding:
(c) Use of lnstnæntation
. (i) Battrrv C¡Eck
If tCre.æ¡sqrlng devlce'ls battÊrï Porercd' tjte con-
ditlon of t¡e baËtery shall te óeekcd ¡ftcr tÞ d+
vicc has becn rllo¡td to rdr¡ uP end staÞilizc rnd
alter c¡dt æ¡suæíËnt ¡qs been ¡¡F. Ïlæ device
shall not Þe used unìcss tJre battery condìtion ls con-
flræd to Þ rithin the ranç ncoænded by the
Enufacù¡rcr for ptopcr opcratlon.
(rr) !g!l!EËe!,
The æasurlng Gvice shall be c¿llbraed ¡ftcr lt
' lras bear rlìa¡ed to rart up rr¡d st¡blllzs rnd rftcr
cach æasursænt h¡s becn Edê.
(ril)!E!:rëË¡g'
TIE æasuring devicc stull be sct to rcad tltc peak
PFessurÊ lcvel using ìlncar ËsPonse ud ¡ 'ltold'
facility, lf avallaDle.
(d) Instru¡:nt Confíquration
(f ) Reflêctivr Surfaces
Ttc uicrophoræ strall !e locatcd not lcss tåan 'l' n
above tå¿ lnpund, not lcss tlan I a fi'orn any sound
r:flcstive surfacc and not less th¡n rm's lcngrÈh
fltt't¡t body of tlÞ person operattng the derice. ilot
ærr than onc Person, otlcr th¿n the oPtrator of the
ætcr, ¡ha'lì be rlthin 7 ¡r of tjle ulcrophone rill that
pcrson shalt be ò€htnd the oPerator of tlte æter.
Correspondence dated June 7, 2011 from Outback Camping
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City of Toronto By-law No. 111-2003
(3)
(ll ) Hlcr¡ohonê oriêntrtion
llc nlcroptpnc shrll be orlcntcd sudì C¡¡at tlp con-
'cUsslon satc to bc rPrsuÌtd ls incldcnt at !n ¡nElê
reco¡endcd by tht FlctlDhonê Enufrcturcr for flsttest
frceræncy ¡esponse in a fi.ec field.
(r) Rcadinqs
fi) Peak Pr.cssure Level
thc vrlue of pe¡k pFrssuFê lcYel æportcd shall be
grlven to t{le mræEt dcclbcl.
(lí) Uarlatlon in C¡llbration
A æ.rur.ært sh¡ll not be æponad lf the æter
al'ibratiqî lftêr thc æisunænt i3 Þtt Ùr¿n 0.5
rß ¡fiffcrcnt fron th¿t òefoæ fltc E!sutrÊ!!nt.
{ li i lBâttêFY D.t¿rior¡tl on
A æesurænt sÞ'll tot bc ¡rporÈcd lf tfte battêrlt
co¡últlon ¡f'tcr tl¡e æasurænt l¡ not ¡t'lthin the
rrngq ¡ÊcoûrËnderl by tcË ¡üufact¡¡rcr for prcper
opcrrtlon.
lf) llcather Coflditloís
(r) Hind
t{eàsúretEnts ¡loll not Dc rcportad rnìass the vlnd-
i¡duccd sormd prcssure lcveì i¡ Dtt tÞn l0 dB
bllor tìe æ¡3urtd pcat prcssurr lcvcl. Refer-
ãcG 3lþuld tc n¿e ü P¡ôIlcttion l¡PG-lOZ - tnst¡u-
--¡cntation.
(ri) H'giditv.
tleasuraÈnts ¡t¡¡ll not be takcn lf lic rcletlvc hutidity
ls abovt ttre ¡axi¡¡¡¡t for rhfch tÞ EtÊr specificrtion
.ls g¡arrntccd by t¡e Enûftctl¡ær (¡rr@'lly 90t).
(rrllElslgEEts
lle¡¡uriæ¡ts ¡hall not bc t¡kc¡ tlgrinE DrcclPitation-
llvl l:æcratr¡rr
ttåsutænt5 shål'l not bê trkt¡ úcn thc rlr trnpera-
' tr¡tt ls ouÈside thc.ranç fot rtrich tlre æt¿r sPecffi-
c¡tion is g¡¡arantêcd by tlt onufaqÞntr. (tlormlly
mly t{tc 1o¡êr ttnPGraü¡æ tlúlt t¡ sigrific¡nt.)
@
f r) lnstrræntåtion
(l) lþasurino Devicc
A YlÞratlon Uelocity ¡letcctor ¡lr.l1 be usêd.
(tt)@.
An clectrical rtfetuce sigal of knfü voltlge
rnd fæqucttcy sh¡ll Þ uscd ln tjt¡'ffcld for call-
bration of tl¡c Vlbratlon Yeloclty Detector crcludìng
tlrê tr¡nsducêr. A refcrcnce vlbr¡tlon sourcr shall
bc uscd for laboratory c¡lfbr¡tion of thê colPlêtt
fibrrÈion l€ìocity Detæþr.
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CiW of Toronto By-law No. I 1 1-2003
(b) t'lelsurËEnt Locrtlon
Yibrttion æasurrær¡ts snall'bc Éde tt r point of rrccp-
tlon insfde r ùuilding òelor gtrde or lcss täan I n above
gnrde, prcfeilòly on a bascsrt floor close to an outsf de
colllrr.
(c) !E¡f-I¡:@E!-s.(l) Þtærv Cnccr
If thc æasurlng dcvlcc ls b¡ttary Pffiæd, tåc Êon:
dftlon of tl¡e Þattcry ¡h¡l'l be ctæckcd rfter tlæ
devlce has bem,rlloned to y¡r'D up md sa5ltlze ¡nd
rfùer cach.æasurrænt has.ùccn nde. Tlc devlcc
shÀìl noÈ Dc lscd mlcss tñc b¡tt ry confition ls
confin¡d to Þe rlü¡in dn rutç ËcmËnded Þy the
rnufactuær for proper operatlon.
(rr) !g!lE!.eq
Ficld crllbrrtlon slall bc carrlcd out Þcforc ¡ltd rftÊr
c¡ch æasnrsrt. t-rôonto¡a c¡llbr¡tion of tlË cooplcte
Yibratlon Yelocity Detector rs usrd ln ürc ficld, lncluding
the transduolr, shall bÊ crrr¡cd o¡rt not ìess tlran once
pcr calcndar JGtr rnd tJte rcsuìts'cÊrtifiêd.
(d) I¡rstn¡:nt Confiql''atlon
(l) þuntfnq
The trusduccr stnll be'rffi:cd to e part sf thê
3tructur so rs to pFÊvent Dvlcr¡t of tln transducêr
r.el¡tlve to the stn¡sù¡rr.. Tlre pt-fcrred sùr¡stural
clcsrt is t{re baseænt floor ls lndicattd fn clrusc
(b).
(ti)@
If tlrcc ttctor cotrponerrÈs qf vibratlon rr'tociqr rr:
æcordcd fndlvidualìy, lt ls prcferablc to orlcnt tle
trrnsducaæ such lrnt tâe rûrrc rrcs of æasu¡lrnent
are (a) wtl¡.¡t, (b) rediat (elor¡g ¡ horizontal tine
Jolning ttrê ìocltfon of ljrc bllst to drc loe¿tion of
ærsurrstt) rnd, (c) trarsverse (along a horfzontal
linc rt right angìes to tttc linc Joining the location of
ttre bhst to t¡ê locatloa gf æaswtæît).
(e) Readlnqs(t)@
The peak particle veloctty fn c¡ls stulì be rcPottcd.
(tt)@
A çasurroeot shall not bc r:Fo¡*cd tf c¿llbr¡tion
tftcr thc oiasuæærrt is rcr¡a thü 5f diffcrcflt
fr¡u ttat Þfo¡e the æasutænt.
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Cityof Toronto ByJawNo. llI-2003
tirilE!@
 桡uæænt sh¡ll not De reported lf the b¡ttêtT
condltlon lfter the ærsuæænt is ¡ot rithln the
range rÈeonn:nded by tlre nnufrcturcr fbr prcpcr
oPcr¡tlon.
(¿) &s@sg
the follorlng re¡.esrnts tlre niniu¡r lnforntlon rhich ¡h¡lì be
conaf ned in a r:port of m lmcstlgntlon úeæ tlË rbovc
proccdurc ns used.
(¡ì Dcscriotion of Aæa
(i) location rtd êscrtPtlon of the blrstlng opcntlon'
(il) lliqrsioned skctch including plþtogrrPhs' lf poislble.
' of t¡e locrtion of tt¡ê bllsting opcratlon' the naàttst
pruises rnd tlre ¡Ëlslr¡loent loc¡tlon.
(iii)D$criptfon of tÜ¡e Drqu¡æît loc¡tlon.
(iv) Plrysical ¡nd toPogr4ñicaì ¡lcscrlPtion of ttte
gloørd surface.' (v) þtlorologlctl condftlons ¡t t'hc tiæ of tlre fnvestl-
gatlon, tncludlng ¡PPtlrintc rln( spccd ln h/h'
rind ditlction, afr tcrperaù¡rr in degrrces celslts'
rpp,rrrfmé rtletive huíridlty. rlegrtc of cloud cover
rnd rtretter, or not r cönditlm of tlæraì invcr:ion
prcvailcd. .
(b)¡@.
Atl tåÊ lquipætlt r¡sed for mklng round lnd vlbr¡tion
!Ëåsurænts ¡halt bê. listeà,'f ncluding:
(l) trpê' ædcl and ¡erlal nrder of Peak Pns¡ur: Lcvel
Detcqtor;
(tl) tJtpê, Fdel üd ¡erial n¡d¿r of uic¡¡Phone¡
(lil)tyPêr ætlcì rnd ¡erial nr¡úer of Acoustlc C¡librator;
(iv) rlndsen¡n;
(v) cxtcnslon ca.blcs r¡rd rdditional rqlifiers' lf used;
(vl) tltpe' ædcl rnd ¡¿rl¡l nr¡ôcr of vlbratfon Velosity
Detêctor¡
(vii)turc, Ddtl ¡nd :cdät nuòer of transduc¿rs'
(vlll) tJTe' odel ¡nd scrirl n¡óer of vlbration calibrator'
fcl Sot¡nd rnd Ylbratlon fÞta
Tle æ¡surrocnt de¿Èlls sh¡lt bc descrlÞd' fncluding:
(f ) drc locatlon drer- æa¡urtænts nÉ't¡k¡n, the tiæ
pcrtod involved ¡nd ttre orlantltlon of lnstñæntation
rslng a ¡ketch' if necessarìr¡
(ii) details of all c¿lcula-tionsi
(i{f)ütc pealt Prassurc lcrel in dB ¡nd/or pcrk particlc
velocltY in etVs¡
(lv) coqarl¡on vitlr applicrülc Dêek ftssuæ lfnlts md/or
peak Particle. velocltY llnlts.
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City of Toronto By-law No. 11I-2003
5. Erterlor Souncf Lcv¡l l{êasurc!Ênt Prcccd¡¡rc For
Pmrad llobllc Construction Equlpænt - SAE J88a
SAE ,¡88¡ Rccæ¡ded Praetlcc ls rdoptcd þy tJtc ttinlstry víû ttc
folloring chanç:
lllære AI{SI T¡Ac I sound lcvcl æter spcclffc¿tlon ls.rgfcrred
to, rr,frrrrcê stall be nde instead to Ptóllcrtioî ¡EC-179 (.1973)
for Prtcision souú level Etrt:. (Êcneral Pu4ose Sounrt Lcvtì
tletcr)
7. HEI{AC lcst C¡rlc För:.ttrc l4e¡surænt of Sound
Frcu P¡cumtlc Equlætt
ïl€ l{ÐlAc Tcst Còde ior ¡tr tErsurrsrt 0f Sourd F¡oo Pnc@tic
Equip¡Ëot i¡ rdoptcd by tlre ltintstty rlü tùe follwlng rüitional
r.equinænt:
For ærssæænt of pcranssiw nchlæs tlre sornd levcl ætcr ¡sed
¡l¡ll nct the specificetio¡u of IEC Publications 179 rnd l79A (1973).
(lupulse Sormd Level tGter)
8. Extcrior Somd Lcvcl lþasøtri.nt Pr.occduæ For
Sell Enqlne PoÍlred Equtpcnt - SAE J 1046
SAE J lft46 - R¡comended PracÊice, ls tdopæd by tlte iltnjstra *ith üe
follonlng clanges:.
(t) thcre AllSI T¡pc l.sound lcvcl æt¡r specificrtion is rsfemcd
to, rcfcrtncc shalì be rÊde instetd to IEC P¡¡blications 179
. ¡nd 179Â (1973). (I¡pul¡c Sq¡É lwcì llstcr)
(2) Rcplrce clu¡sc 3.1.1 rlth t¡¡c follaing:
the siniu¡¡ distslons of u¡e æa¡rrcstt zone ltt defincd. l¡
? path of trr'ycl 1.2 ¡ rids by 14 n long plrrs u ¡dJaccnt
rrua lnvlng tlc Þ¡se rlong tfic cdæ of ItE path
of tnvÊl rnd ttre rpex'7 n frÐ the EidPoint of tl¡e base.
(3) Rcpìrce Fig. 'l rith Fig. 103-l' lær'eof.'(a) 'ln Scctlon 3.3 lþ¡surrqtts, rll re'fcrc¡¡ccs to 25 ft. shall
bc clunged to 7 ¡.
9. Proccduæ for llc¡surcrant of the l4¡¡iq¡n E¡ct¿rlor Somd Level
of Strtlonrrr În¡cks vlür 6ov¿¡¡cd Dlescl Enqincs-CSA 2107.22'lfl9Z
(1) CSA n07.2-11¡97? st¡îd¿rd ls tdoPÈd Þt t¡e llinfstry rith tfæ
folìo*lng chanç:
A €cncr¡l PurTose Sound Lctll lletcr sh¡ll be used.
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City of Toronto By-law No. I I l-2003
4¡@!CN¡ På:E
R
R = 30 D MD{D¡}I SAUtf¡S¡æ. ts EIA 550/Þ?{4U
ESr StE CDIG:¡GE¡RDEICN loR EETERÞR æCriD fEfrEL lcAsElEltÎ
ErG. ¡Olr
Correspondence dated June 7, 2011 from Outback Camping
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City of Toronto By-law No. I I 1-2003
TASLE 104-I
AdJusænt for Intcn¡ittancc
û¡ration of Soud tn flnc lbur
(fiinütês)AdJusüÉnt
40-60
æ-æ
t0-19
5- 9
3- 4
¡- 2
lcss tl¡an I
0
3
6
9
12
t5
n
¡
Correspondence dated June 7, 2011 from Outback Camping
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City of Toronto By-law No. 111-2003
Publicatfon llPC-lOt
Sou¡d Lcvcl Adiusænts
l. Scooe
This Publication r=fcru to tÌÉ tdjusÙænt of ¡ ¡ormd l:vel' obtlined
fotìorinE thc ptlccduæs set out in citl¡cr scction 3 'or 4 bf tPC-103
- Pr¡ccdures.
2. I@¡s
Ttæ technical tÊms used fn thls ?rôlication are defincd in Pubìtc¡-
tion ilPC-lOl - Tcclwrical Definltions.
3. lnterûittcnce
tî r sor¡rd is iræñûittéît, the follo¡ring adissænt shall Þ sub-
tracted froo the observed vrluc:
MJusænt - 't0 lo9.,O +
Hlrere x ls tjre fraction of rn hour
for *ùich tlìe sound perslsts-
' Such sourd lewl rdiusærts rrc approxioatgd in T¡ble 104-l .
4. Adjustænt for Speclal Qualltv of Sound
(t) Iæll!¿If a sound has a pronounccd ¡udlb'l¡ tonal qualtty such as a
rhi¡rc, scrrech, bua, or hrm ttcn ttre observcd valr¡e shall
Þe increased bY 5.
(2) 9¡slls-le¡lEllsns
If ¡ ¡ou¡d has an ludfble cJrclie v¡riation ln ¡ound ìcvel
such rs Þeatlng or otlrer ùtplitudc rcduìEÈion tlen the
observed val¡æ shall ùe inc¡'c¡sed by 5.
(¡)@
If a sound is Quasi-St¿ady l¡Pulsive Sound then tjre'obsened
value slrall ùe incrcased bY 10.
(4) Ong Adjusbnt Onlv
An ¡djust¡Ent ¡ay ùe oade ùrdcr mc only of subsÊctions (l)' (2)
rnd (3), provldÍng t¡¡t, lf ¡lôscction (3) lpPlics' it shall be
.used in P,æferrnce to subsection (l) or s¡ôsection (2).
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SOUND LEVEL LIMITS FOR
STATIONARY SOURCES IN
GLASS I &2AREAS (URBAN)
PUBLICATION NPC-205
ocToBER 1995
@ ontario
Ministry
of the
Environment
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46
Cityof Toronto By-lawNo. 111-2003
Cette publication technique
n'est disponible qu'en angla¡s.
Gopyright: Queen's Printer for Ontario, 1995
This publication may be reproduced for non-
com mercial purposes with appropriate attribution.
tsBN 0-77784922-4
PIBS 340ôE
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City of Toronto ByJaw No. 111-2003
@Ontario
MINISTRY OF THE ENVIRONMENT
Sound Level Limlts for Stationary Sources in Glass 1 &2 Areas (Urban)
Publication NPG-205
October 1995
This Pubttcation estabtishes s)nd tevd timits Íor slationaty souræs suú as industríal and commetcial esúrö/blmenls
or anciltary hanspñatlon facilitlæ, affecting pcints ú rcæplion in Class I end 2 A¡eas (Uñan). lt replaæs Publiælion
NPGloí'Sbt¡onary &wæs' of the "Model Municìpal Noise Øntrcl By-l-aw, Fitpl Report, August 1978'.
TABLE OF COIITENTS
l. scoPE ... - 1 -
2. REFERENCES .... -2-
3. TECHNICAL DEFINITIONS ........ -2-
4. ESTABLISHMENTOFLIMITS-OBJECTIVE ......... -3.
5. BACKGROUNDSOUNDLEVELS ....3-
6. SOUN uRcES. ........-3-lll Sources :........ -3-lzt ......... -3'
7. PROCEDURES ... -4-
8. SOUNDLEVELLIMITS-GENERAL .........4.
9. SOUNDLEVELLIMITS.SPECIFICIMPULSIVESOUNDS ... ......... .4.
10. SOUND LEVEL UMITS - PEST CONTROL DEVICES . . . . , . , . . .4 -
11. PROHIBTÏON-PESTCONTROLDEVICES ......... -5-
12. PRE-EMPT|ON ....-5-
13. EXCLUSTON ......-5-
A.I. GENERAL ..... -41.
ß\2- APPLICATION ..'Al-
A.3. STATTONARYSOURCES ....... -41-(l) lncluded Sot¡rces -A l -l2t ExcludedSor¡roes ....... -A2-
A.4. PREDICTABLEWORSTCASEIMPACT ....A-2-
À5. DEFINIT|ONS ... -A3-
SCOPE
This Publicatim establishes sound level limits for stationary sources sucå es induslrlal and commerdal
estab
The li
14ú
of sound in cornpliance wlth Section 9 of the Envirormental Prctection Act, and under ttp povisions of the
Aggregate Resources Acl and the Envirormental Assessment Ad.
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MINISTRY OF THE ENVIRONMENT
This Publication does not address sound and vibration produced by blasting: blasting in quâríes and surfacê
mines ls considered in Reference m.
The Publication includes an Annex, which provides additional details, delinitiøs and rationale forthe sound level
limits.
2, REFERENCES
Reference is made to the following ¡tblications:
f1] NPGl0l -Technlcal Definitions
14 NPC102 - lnstrumentation
t3l NPC103 - Prccedures
l4l NPGIO4 - Sound Level Adjustments
t61 NPG2O6 - Sound Levels due to Road Traffic
m NPGí19 - Blasting
l8l NPC2I6 - Res¡dential Air Conditloning D€v¡ces
t9] NPC232 - Sound Lanel Límlts for Stationary Sources in qass 3 Areas (Rural)
t10l NPG23ÍI - lnformalion to bo Subm¡tted for Appro¿al of Statíonary Sources of Sourd
114 ORNAMENT, Ontario Road No'se fuialysis lvlelhod for Env¡ronment and Transportation, T€chnical
Docr¡ment, Ontario M¡nistry of the Envlronment, ISBN 0-77296376, 1989
References [1] to [4] and fll can be falrd in the
Model Municiæl Noise Control By-Larr, Ontario Ministryof the Eruircnmenl, Final Repod, August 1978.
3. TECHNICAL DEFINITIONS
"Ambient sound levd"
mears Background sound level.
"Backgrotnd sottnd þvel'-
3s the sound levd that is present in the ervlronment Foduced by noise sourcas other than the source
under impacl assessrnent Highly intr¡dve drort duration ncise caused by a source sucñ as an aircraft
fly+ver or a bain passôy is excluded from the detennination of the background sound letrel.
"Class 1 Area'
mear6 an eroa s,lth an acoustical envi¡onment þicd of a major population centre, where lhe
bac*gro.rnd nolse ls dominated by the urban hum.
Publicatlon NPC-205 October 1995
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1.
5.
6.
MINISTRY OF THE ENVIRONMENT
"Class 2 Area"
means an area with an acoustical environment lhat has SJal¡t¡es repres€ntaÜve of both Class 1 and
Oass 3 Areas, and ín wtlich a low amb¡ent sound level, normally occuring only bet\¡veen ?3:00 and 07:00
hours in Class f Areas, will typically be realized as early as 19:00 hours.
Other characte¡istics wh¡ch may indicate the pres€noe of a Class 2 Area include:
o absence of u¡òan hum between 19:00 and æ;00 hours:o evening backgroundsound level defined bynatural env¡ronmentand infrequenthumanactivity:
and. no clearly aud¡ble sound fionr Sationary s(xrces olher thân from thoae under impact
ass6sment.
'Class 3 Area'
means a rural ar€a with an acoustical envlronment lhat is dominated by nafural sounds having little or
no rcad faffic, such as the following:
. a emall community with less than 1fiþ pog¡lation;. agricuhu¡al area;. a rural recreational area such as a cottage or a resort area; or. e wildemess area.
Other technical terms are dellned in Reference [1] and in the fuurex to Publication NPG205.
ESTABLISHMENT OF LIMITS . OBJECTIVE
The sound level limit at a point of reception must be established based on the p¡irrcíple of 'predictable worst
case' noisa impacl. ln general, ttre limit is given by the background sound level at the point of receptlon. The
sor¡nd level limit must represent the minimum background sound level that occurs or is likely to occurduring tfn
operation of the stationary source under impact assessment.
BACKGROUND SOUND LEVELS
The time lnterval betuæen the backgurnd sound Þvel measurement end the mea$rement of lhe gound level
prodrJced by the stationary source under impect essessmênt slrot¡ld be mlnlmized as much es poss¡ble.
Preferably, the two meas¡æmentrs stþuld be canied out within one hour of each olher'
SOUND LEI'ELS DUE TO STATIONARY SOURCES
(f ) Complalnt lny€stlgatlon of Statlonary Sourcê3
The One Hour Equivalent Sound Level (Ç) and/or ttre Logadthmic Mean lmpulse Sond Level (l*r)
produced by the lationary sources shall bè obtalned by measur€ment performed in accordance with
Section 7.
background sound level of lhe natural environment is at a maximum.
t2t
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7.
MINISTRY OF THE ENVIRONMENT
PROCEDURES
All sound lerrel meas¡rements and calculatlons shall be made in accordance with References [3], [6lan<t tf 2].
Sound from exl$ing adjacent lelionary sources may be included in the determination of the background One
Hour Equivalent Sound Level (k) ¡f such stationary sources of sound are not under consideration for noise
abatemént by the Munlclpality or the Ministry of Envircnmenl and Energy.
SOUND LA'EL UMIIS. GENERAL
(1) For impulsive sound, other than Quasl-Steady lmpulsive Sound, from a stataonary source, lhe sound
level limit expressed in terms of the Logarithmic Mean lmpulse Sornd Level (l*,r) isthe background One
Hour Equivalent Sound Level (1.") tyøcally caused by road traffic as obtained puæuant to Sect¡m 6 for
that ¡Ínt of reception.
(2) For sound from a stationary source, induding QuaslSteady lmpulsive Sound but not irìcluding other
impulsive sound, the so¡nd level limit expressed ln terms dthe One HourEquivalent Sound Level (ç)
is the background One Hour Equivalent Sound Level (Ç) typically caused by rcad faffìc as obtained
Wrsuant to Section 6 for that pcint of receplion.
SOUND LEVEL UMITS. SPECIFIC IMPULSIVE SOUNDS
(1) For impuldve sound, other tñan Quasi€teady lmpulsive Sound, fiom a statiørary source which is an
induslrial metal uorking operation (indr.lding but not limited to foqing, hammering, puncfi¡ng, stamping,
cutting, forming and moulding), the sourd level limit at a point of reception expressed in terms of lhe
Logariürmic Mean lmpulse Sound Level (l*r) is 60 dBAl, if the lationary source u,ere operaling before
January 1, 1980, and othenvise ls 50 dBAl.
(21 For imgrls¡ve 6ound, other than Quasi-Steady lmgrlsive Sound, from a stationary sou¡ce ufiich is the
discharge of firearms on the premlses of a licensed gun dub, the sound lêvel l¡mit at a point of reception
expæssed ¡n t€rms of the Logarithmic Mean lmpulse Sound Level (l*r,) is:
c 7O dBAl lf th€ gun club u,ere operating before January 1, 1980; o¡. 50 dBAl if the gun club began to operate after January 1, 1980; or. th€ [ü prior to expansion, alteration or cotwersion.
(3) For impulsive sound, other than Quasl€teady lmpulsive Sound, from a stationary source which is not
a Has{ing operation ln a surface mine or quarry, dnrac{erized by impulses wtrich are so lnfrequent lhat
they cannot rrcrmalty be measured usirB the prccedure for freqænt impulses of Reference [3] the sound
level l¡mit et a polnt of recept¡on expressed in terms of the lmpulse sound l€vel ¡s 100 dBAl,
SOUNO LEVEL LIMITS. PEST CONTROL DEVICES
(1) For impulsive sound, other than Quasi€teady lmpulslve Sound, from a pest conùol device emfloyed
solely to protect growing crops, the sound lwd limit at a point of r€cept¡on expressed in terms of the
Logadthmic Mean lmpulse Sound Lwel (1.,s) is 70 dBAl.
(2) Forsor¡nd, lrcluding Quasi-Stea{ lmpulsive Sound but not lncluding otler impulsive sound, from a pest
contol devica employed solely to protect growing crcps, the sound level l¡mit at a ¡Ínt of reception
expressed in tems of the One Hour Equivalent Sot¡nd Level (l..") is 60 dBA.
Publ¡cat¡on NPC-205 October 1995
10.
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MINISTRY OF THE EI'IVIRONMENT
1.I. PROI{IB¡TION. PESÎ CONTROL DEVICES
Tho operation of a pêst confol device employed solely to proteci growing crops outdoors during the hours of
darkness, sunset to sunrise, is prohiþited.
12. PRE.EMPTION
The least restrictive sound level limit of Sections 8, 9 and 10 applies-
13. EXCLUSION
No restictions apfly b e stationary soufce resuldng ln a one Ho.rr Equ rithmic
Mean lmpulse Sót¡ä¿ t-eva ([rf lo',rær lhan the m nímum values for 2orl1'
TABLE 2O+I
tllnlmum Value¡ of Onc Hour \ or L* bv Tlme of Dav
One l'lour Ç (dBA) or Lur (dBAl)
Time of Day Class I Aæa Class 2 Area
0700 - f900 50 50
1900 - 2300 47 45
2300 - 0700 45 45
Xry21,lS
Publlcatlon NPG205 Oc{ober 1995
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MINISTRY OF THE ENVIRONMENT
Annex to Publication NPG-205
Sound Level Limits for Stationary Sources in Class 1 &2 A¡eas (Urban)
Octobor 1995
ÀI. GENERÁL
ln general, noises are annoying because they ars heard over and above the level of the socalled "backgrcund"
or bunounding envirmmental ncise dimate at a particrlar locat¡on. The standard for environmental noise
acceptability of stationary sources is therefore o<pressed as the difference belu¡een noise fom the sourco and
lhe background noise.
The backgrwnd rrise ls essentially made ç of the road traffic noise wtrich c¡eates an "uröan hum'. lt may also
include contributions from existing lndustry or cornm€rcial activity. adjacent to the stationary source under
invesiigation. Contributions of these secondary mise sources aæ corsldercd to be a part of urban hum and may
b€ lnduded in the measurcments or calcr¡lation of the background sound levels. provided that they are not under
cons¡deretíon for mise abatement by the Municipality or the Minisùy d Environment and Energy.
The sound level tim¡ts sp€cified ln Seclion I of Publication NPGæs represent the gen€r8l limitation m noise
produced by stationary sources, Some ncises, horvever, are annoying no matter where or ln what kind of
env¡ronment they exlst, High level impulsive noises represent a special category and, consequently, are
restricted by an àbsolute limäation. Sections 9 and l0 of this Publication provide øiteria of acceptatility for
specific impulsive nciso sourc€s.
A-2. APPLICATION
Thø limits presented in Publicalion NPC-205 are deigned for the control of noise fiorn sourcss located in
industrial, commercial or psidential areas. The limits apply to points of rec€ption located in Class I and Class
2 Þ¡eas-
Sound level limits contained in Publicatbn NPG205 do rrct apply to the exduded noise sources l¡sted in Sedion
4.3.(2) and ndther do they apdy to any equltrnent, apparatus or device used in agniculture for food crop
seeding, cfremical sprey¡ng or harvestrng. ln addition, several specifrc nclise sources have been addressed ln
separate Publications Limib for res¡dential alr conditloners are contalned in Publication NP92l6 - Residential
Alr Conditionlrq Devices, Reference [8] and the limits for blasting operat¡ons in guaries and surface minæ ae
contaíned in Publk=tion NPG1l9 - Blastlng, Reference ffl.
A3.. STATIONARYSOURCES
The objective of the definítion of a slatonary source of sor¡nd is to address sources sucfi as i¡tdusùial and
commerc¡al es{ablishments or ancillary transportation facilities. ln order to further darify the scope of the
definition, thefollowing list ldentifiesexamples of ¡nslallations, equ¡pment, activitiesorfacilitiesthat are indded
arid those that are excluded as siationary sources.
lncluded Sources
lndividual stalionary sources sudr as:
Heating, ventilating and air conditionlng (HVAC) equipment;
Rotating machinery;
lmpac{ing mechan¡cal souroes;
Generators;
Bumers;
Grain dryers.
(t)
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(2',t
MINISTRY OF THE EM//RONMENT
Facilities, usually comprising many sources of sound. ln this câse, the statimary source is under$ood lo
encompass all thã ac*ivities tãfing ptace within the prop€rty boundary of the facility. The folloring are examples
of such facilities:
lndustrial facilities;
Commercial facil¡t¡es;
Anc¡llary transærtat¡on fecilitles;
Aggregate extraction facilities;
Warehousing facllities;
Ma¡ntenance and repair facilities:
Snow d¡sposal sites;
Routine loading and unloading facilities (slpermarkets, assembly plants' etc.).
Other sourcgs such es:
Car washes;
Race trac*s;
Firearm Rangos.
Excluded Soürc€s
Secific sourcæs or faciliües:
Construction ac{ivilies;
Transportation conidors, i.e. roaô¡reys and railways;
Reridential air conditioning devices lncludlng alr conditloners and heat Ênnps;
Gas stations;
Auditory waming devices requiæd or authorized by law or ln accordanc€ with good safety prac{ices;
Occasónal movèment of vehicles on the property sucfr as ínfrequent delivery of goods to convenience
stores, fast food rBstaurants. etc.
Olher noise sources, normal
The op€rat¡on ofaud
the blowing of hons
est¡c Poì,v€r tools, radios and
as domestic quaræls, ncisy
parties, etc;
Ñoise resulling from gathering of People at fac¡l¡ties such as restaurants and ærks-
Ac,tivities related to essential of public facilities s¡ch as but not llmited to roadrvays,
pafks and sewers, inctuding ning, mad repair and ma¡ntenanc€, lawn mowing and
maintenanoe. sêwæe remov
PREDICTABLE WORST CASE ITIPACT
lhe detefm¡nation of
t should establist¡ the
should reflect a plann
slationary source.
It ls important to emphadze that the "predi
level of the source is highest; it means tha
the applicable limit at night may be laryer
¡"l.
Annex to Publlcatlon NPG205 October 1995
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City of Toronto By-law No. 11L-2003
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MINISTRY OF THE ENVIRONMENT
A"5. DEF]NITIONS
ln the ¡nterpretation of Publicalion NPC-205, lhe following definilions are of particular r€levance:
- AncillarvTransoortationFacil¡ties
'Ancillarytrarsportation facilities'mean subsidiary locat¡onswh€re operations and ac{ivities associated
with the housing of bansportation equipment (or personnel) take place. Examples of anc¡llary
bansportation facilities include, h¡t ar€ not l¡m¡ted to, substatlons, vehicle 6{orage and maintenance
facilities, fans, fan and vent shafts, mecùanical equipment plants, emergency services buildings, etc;
Constn¡clion
"Construct¡on" inclr¡des erection, alterat¡on, repair, dismantling, demolition, structural maintenance,
painting, moving, land dearing, earlh mov¡ng,
whetñerabore orbelot ground level, sfeet and h
alteration and the stn¡ctural ins{allation of consùu
purpose, and includes any uork in connect¡on ürerewih: "construct¡on'exdudes activit¡es assoc¡ated
with the operation at waste and snow disposal sites;
means any equipm€nt ordev¡ce designed and intended for uso in construc'tion,
ding but nol limited to, air cornpressors, pile drivers. pneumatic or hydraullc
tools, bulldozers, tac{ots, excavalors, fenche¡s, cranes, derricks, loaders, scrapers, pavers, gsri€rators,
off-highway haulers or trucks, ditcfìers, compactors and rcllers, pumps, ooncr€te mixers, graders' or
other material handling equipment;
Convevarrce
"Conveyance" indudes a vehicle and any olher devlce employed to fansport a p€rEon oÍ persons or
goods from plac€ to plac€ but does not irclude any such device or vehlcle lf operated only within the
premises of a person:
H¡ohwav
'Hlghway" lncludes a common ue, parkway. drivervay, square, place,
bridge, viaduct or trestle desig the gemrd public for the passâge of
vehides;
llotor Vehicle
'iotorvehide" indudes an ar¡tomobile, molorcyde,and any othervehide propelled or dríven othen¡ise
lhan by mus(lJlar pow€r, but does not indude thE cars of diesel, elec't¡ic or steam railways, or other
motor vehlcles running only upon rails, or a motorized sno¡ vehide, baction engine, fam lråctor.
selfaropelled lmplement of husbandry or road-build¡ng machine within the meaning of lhe Hightmy
Traffic Act:
Motorized Convevance
"lvlıtøzø @rìveyarrce" means e corìveyance prçelled or driven otherwise than by musculañ
gravitational or wlnd po'rren
Noise
'Ncise" means unwanted sound;
Point of Receotion
'Po¡ntıa recept¡on'means any point on the premises of a person wher€ sound orvibraüon originating
from otlrer lhan lhose premises is received.
Annex to Publication NPC-205 Octobsr 1995
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MINISTRY OF THE ENVIRONMENT
y'aces of worship.
For equipmenUfadllties prçosed on premises zucfi as nursingy'retiremont homes, rental res¡denc€s,
hospitals, and sclþols, the point of rscêption may be located on the same premises;
Stationarv Source
qstalionary sourt€' means a source of sor.lnd whk*r doas not normally mwe from place lo-place and
includes the premises of a pe¡son as ons stationary sourc€, unless th€ dominant source of sound on
those premises is conslruc{ion or a conveyanc€;
Urban Hum
means 4gregate sound of many unidentifiable, mostly road haffic related no¡s€ sourcos-
rsBN c7778-49224 PIBS 34068þtã. tgg!¡
Anncx to Publlcatlon NPG205 Octobor 1995
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Citv of Toronto By-law No. 111-2003
SOUND LEVELS DUE TO
ROAD TRAFFIC
PUBLICATION NPC-206
ocroBER 1995
@ ontario
Ministryof
Environment
and Energy
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57
CiW of Toronto By-law No. 111-2003
Gette publication technique
n'est disponible qu'en anglais.
Copyright: Queen's Printer for Ontario, 1995
This publication may be reproduced for non-
com merci al purposes with appropriate attribution.
fsBN 0-77784923-2
P|BS 3ø¡OTE
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City of Toronto By-law No. ll l-2003
@ Ontario
MINISTRY OF THE ENVIRONMENT
Sound Levels due to Road Traffic
Publication NPC-206
Octobêr 19f¡5
This Pubtiætion cteætibes the methods to detem¡ne the eguivalent øund lavel produæd by oad traifrc. lt replaces
Pubtiætion NPèl(ß'þund Levdsof RædTnñc"of the'MdelMunicipalNoiseCøtttol By-Law, FinalReput, Augusl
1978".
r. scoPE
This Publication descríbes the methods to determinethe One Hour Equivalent Sor.¡nd Level (Ç) of sound caused
by roãd trafi¡c. The road ùaff¡c sor.¡nd level is us€d to defin€ sound level lim¡ts for the purposes of complaint
investigation or approval of stationary sources of sound.
The methods apply at a point of receptim in any community wher€ th€ backgmund sound lovel is dom¡nat€d by
thê sound of road traffic, r€feÍed to as'urban hum*. Hþhly intrusive short duration nc¡ise caused by a source
such asan aircrafl flyover or a tain pass-by is arduded from th€ detennination of ffs background sound level.
2. REFERENCES
Reference is made to lh€ following publications:
t1l NPGlOf - Technical Def¡nitioos
aA NPGI02 - lnstrumentation
I3l NPC103 - Procedures
t51 NPG205 - Sound Level Limlts for Stationery Sources ln Class I & 2 Areas (tjfban)
t1f] ORNAMENT, Ontario Road Noise Anslyris Method for Env¡ronmerìt and Transportat¡on, Tecñdcal
Doo¡ment Ontario Minlstry of the Envircnment ISBN 0-7729€376, 1989
References þl to [3] cen be found in the
ModeLMunicipal Noise Contml By-Larr, Ontario Minidry of the Envlronment, Final Report, August '1978.
3, TECHNICAL DEFINITIONS
'Ambient sound level'
means Background sound level;
'Backgrcund sound level'
is the sot¡nd level that is present ¡n lhs environment, produced by nolse sources other than the source
under impact assessment. H¡ghly intn¡sive short duraliofl noise caused by a sourcê sucfì as an airc¡aft
flyover or a train pass-by is excluded fiom the determination of the background sound level;
Oürer tecfrrical terms are defined in Reference []
1, SOUND LEì/ELS DUE TO ROAD TRAFFIC
Depending on the application, the Oræ Horr Equivalent Sound Level (ç) of road trafi¡c strall b€ obtained eister
by measurement or by calculatíon. The folloring procedures shall be used for complaint inves{igtion and for
the approval of stationary sources:
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lky21,1n
(r)
MINISTRY OF THE ENWRONMENT
ured or calculaled.
be canied out using
ent of varylng sound
described in Reference [31.
other.
The calcr¡lation of ltre el (Ç) of road baffic shall be bas€d on th€ Íaff¡c
flons obsewed on the traffic r¡<ise is audiHe at the polnt of æceplion'
with¡n me hor.¡r of ttæ stat¡onary source is measured. The calculation
procedure is deocribecl in Reference fl 11.
Approval of Stallonary Soutrcer
Mãàs.¡rements of the Oñe Hour Equivalent Sound Level (Ç of rcad traffic shall be canied olt following
procedures for the measur€ment of varying sound clescribed in Reference [3].
Results of the measurement of lhe One Hou
the princlple of þredic{âble ìilorst case' nois€
during the trcur wtpn the differenc€ betnæen
impact assessrnent and ttre sound level due to rcad haffic is largest.
th€ baE's of haff¡c flows
pointofrccept¡on. Th€
baflic shall rcflect the
described ln Reference
[1 11.
l2l
tsBN G777&492$2 PIBS 3407E
Publlc¡llon NPG206 October 1095
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City of Toronto By-law No. 1 I l-2003
RESIDENTIAL
AIR CONDITIONING
DEVICES
PUBLICATION NPC-216
1 993
MINISTRY OF ENV¡RONMENT
AND ENERGY
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City of Toronto By-law No. I I 1-2003
t.
2.
3.
4.
TABLE OF CO¡.ITEN:IS
Scope. -I-
References - l -
Technical Definitions -2-
Sound l-evel Limis for Air Conditioning Devices - 3 -
(Ð General Sound l¡vel Limit - 3 -
(2) Esablishment of tbe Genenl Sound Iævet Limit - 4 -
(3) Specific Sound Level Limis - 4 -
Sound Iævels from Insalled Air Conditioning Devices - 5 -
Sound Enission Sanda¡ds - 7 -
5.
6'
AI{NEK
4.1. SoundlevelMeasuremenE-Summary .-A1-
A.2, Soundlævellimits....; ...-A1-
4.3. Complaint Investigetion - A2 -
A.4, Insallation of Air Conditioning Der¡ices - A 3 -
4.5. SoundEmissionStanda¡ds ....-i{,3-
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City of Toronto ByJaw No. 111-2003
h¡blicetion NPC-21ó
Residenti¡l Air Condltloning Devices
l. Scope
This Publication sets sound lwel lirris and sound emission sEnd¿rds for residential ai¡
conditioning devicÊs including heat pumps insballed in u¡tan a¡eas of Onario.
2. References
Reference is Esde to the followíng publications, or ¡er¡isions thereof:
tll NPC-101 - Technical Definitions
12) NPC-102 - Instrumentation
t3l NPC-103 - Procedures
't41 NPC-104 - Sound l:vel Adjustments
tq MC-206 - Sound lævels due to Road Traffic
tlg] ORNAI{ENT, Ontario Road Noise Analysis Method for Environment and
Tranqporbtion, Tecbnical DocummÇ OnArio Ministry of the Enviro¡ment, ISBN G
Tn9-6376 (1989).
llzJ Suney of Or¡tdoor Air Conditioner Noise, Final R€port. RAC R€Port #458G,
Ontario Ministry of the Environmentr ISBN G'Tn9-9094-8 (1991).
t13l Environmcntal Noise Guidetines for the Installation of Residential Air Conditioning
Devices, onArio Ministry of Enyi¡. onment and Eûergy, ISBN 0-7778-l6Læ (L994).
t14l ARf Staridard 270 - U. Sound Rating of Outdoor Unitary Equipment.
tlÐ ARr Sta¡dafd 275 - U; Application of sound x¿ted outdoor uniary Equipment.
- Ai¡'Coa¡tido¡i¡g rnd ReÊi¡sntioo løri¡rr., ¡1301 No¡rh Frirñx D¡ivc, Suib 425, Arl¡t8roú,V^X2293
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tlq] AI\ISI Stadard 512.32 - 1990. Discrae-Frequency and Narrow-Ba¡d Noise Sources
in Rwerbcration Rooms, Precision Merhods for the Det€rminâtioû of Sound Power
I¡vels.
Refeænces tU to tq are also part of the
Model Municipal Noise Control By-Iaw, Ontario Ministry of the Environment.
3. Te¿nicd iDefinitiotrs
"Ambient souad level"
is the sound level that is plesent in the environmenÇ prodüced by noise sourccs other
than the source under ir¡pact assessment. See Backgrcuûd sound lwel;
'Bacþround souud leveln
mcans Ambient sonnd level;
nClass 1 Arra"
meatrs an area with an acoustical environmst tpical of a m4jor ¡ppulation cenEe,
where the bacþ¡pund noise is domin¡ted by the urban hum.
"Class 2 ¿A,¡ea"
means an a¡ea with an acoustical e¡vironment that has qualities rcprescnative of both
Class 1 and Class 3 Areas, and in which a low ambie,nt rcund level, normally
occuniug only between 23:00 and 07:00 horns i¡ Class I Areas, will t¡pically be
rezfrizd as early as 19:00 hou¡s.
Other characæristics which may indicaæ the prescnce of a Ctass 2 Arez, include:
o absence of uröan hum betwecn 19:00 and 23:00 houn;
. ambient soufid level is defined by natural environment and infrequent human
activity; and
o 'no clea¡ly audible sound from sationary sources'other than from those uuder
cp¡side¡ation-
' Io lhe cod.! of tb¡¡ h¡blb¡dood tc r¡¡¡orqr þurc€r ¡ndâr cæid¡oio¡ æ a¡ideori¡l ¡h coodiriooi¡g dcvicc¡.
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City of Toronto By-law No. 111-2003
'Class 3 A¡e¿"
means an a¡ea wittt a¡ acoustical envi¡onment that is dominated by natural sounds
t¡2ical of agricult¡¡ral or wilderness a¡eas and having littte or no road traffic, such
as thc following:
a small community wiü less th¡n 1000 population;
fern land or land zoned n¡ral or agriculUual;
a rural ¡ecreational a¡ea srich as a cottage or a rcsort arez;i or
.- ia wudemesg al€a
Sound I¿vel Ilnits for Air Conditionine Devices
Either the geneml sound levcl lir¡it in Sec.tion 4.(1) or the qpecific sound lcvel limit in
Section 4.(3) shall alply !o an air conditioning device. The less restrictive of these twô
limits shâll prevail.
General Sound lævel Limit
The general sound level linit (shov4_in Taþ1e_21&1 and detcrrnined in accordanc¿
with Section 4.(2) is 5 dBA geater tb¡n a one hou cquivalent sound level (I*.)
caused by road traffic at the point of rece,ption during the period of 07:00 to 2l:00
hours. The qpecific hour is to be deterurined by the noise control officer based on
the assessmeot of annoyance by thc complainant.
TABLE 21G1
GHìTBAL SOI]ND LEVEL LIMIT
a
a
a
o
4.
(1)
All Ai¡ Conditioning Der¡ices
Area Tlpe r.. (dBA)
Class 1
and
Class 2
Oñc Hour Equivalent Sound Iævel (lJ of
road traffic plus 5 dBA mqil¡ur€d during the
period of 07:00 o 21:00 hours
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Cityof Toronto By-lawNo. 111-2003
Q)
(3)
Esøblishment of the Gene¡al Sound Level Limit
The gencral sor¡nd level liñit shâil be esÞblished thfougù measurements or
calculation of the one rlour Equivalent sound L€vel (LJ caused by road tafEc as
obained pursuant to Reference [6] at the point of rece,ption.
Specific Sound Içvel Limíts
Speciûc sound level ümits a¡e identified in Table 2L62 for tc/o t)?es of residential
air conditioning devices'as minim¡¡¡1 limits of compliance.
TABTß,2LG2
SPECE'IC SOT]¡ÍD LE\/IEL LIIVÍITS
Wbcû thÊ doviccs e¡ç mqrlctory ¡çq¿þmcots for ¡oisc contsol iD thc iDþdor liviag
çaccs of uew l¡¡d r¡se dcvclopomte, thc ryæific sou¡d lovcl linit !¡ 6r¡¿ [6¡¡ l..
= 55 dBA.
Cennal Air Conditioning Devices
\ili¡dow or Through-the-Wall Air C.onditioning Devices
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Sound l¿vels from Installed Air ConditioninE Devices
To deærmine if an insÞlled air conditioni¡g dcvicccomplies with thc sormd level limits, the
sound lwel due to the device must be measured following thc procedure described in
Rèference [3].
the procedure asi'mes that thc measu€d sor¡nd is dominated by the source under
investigation (air conditioning darice). To ensue ürat the mEtsur€d sound is dominated by
the air cooititioning device, sor¡nd ler¡el measureme¡¡ts must be'carricd out separafely with,
and without the devicc in operation-
The measurement of the bacþouud sound level, i.e. withot¡t the air ónditioning device
operating, is caried out h accorda¡ce with theprocedure describcd in Refercoce [3].
If) the châñge in sound level measured s€,par¿tdy with, and withoirt the air conditioning
device operating is less tba¡l l0 dBA, a cor¡ection shall be nar{e to deternrine the
contribution of the cxisting bacþrcuud sound þvcls to the overall measured sound lo¡el.-
Table 2163 provides correction values.and a cxample of the calculation.
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TABLE21G3
CONDITTONING DEVTCE FIIOM THE BACKGROTJIìD SOI'ND LEIITEL
Change in dBA of Sound I¡r'el
tü/ith and Sñthout UDit in
OPcration
Conectioo in dBA to Be Subtracted
from Highø Sound I¡vel
to Obr^in Sound I¡vel from Device
10 or more 0
7 to9 1
4to6 2
3 3
2 4
t 6
0 10
Example: Sound level without unit ín operation
Sou¡d þvel wtth u¡tit ln oPeration
Change
Co¡rectlon from Table
= 45dBA
= f)dBA
= sdBA
= 2 atBA
Unit sound level = fl)-) = /AdBA
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Cþ of Toronto By-law No. 111-2003
Sound Enission Standards
Table2l64 gives the soud c,mission sbnda¡ds for new residential ccntral air conditioning
devices.
T^B:-E 2t6l
SOT]ND EMISSION STANDARDS FOR
RESIpENTIAL Cm.ITRAL AIR CONDmONI¡tc DEVICES
Meas¡rercat poceeua as per Rofcrcoce [14].
Dafc of
lvfanufachue
lvfa¡rimum ARI Standard'
Sound Rating @els)
'AftÆ l99d.r2-31
and.
Before 19924141
After l99l-12-31
and
Before 195-01-01
(tladcr discossion wÍat thê
i¡dustrt to rsscss thc fcrsibitity of
reôætion.)
BTUH = British Ttermal Unit for an Hour
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ANNIX
EXPT,AI{ATORY NOIES TO
PTIBLICATTON NPC.216
RESIDE¡ITIAL AIR CO¡{DITIONING DEVICES
4.1. Sound I¿vel Measurements - Summary
Verification of compliance of the air conditioner and heat pump unis with the souud brrel
limits ca¡r be accomplished tbmugh measuf€meûts using a ProP€dy calibrated sound level
meûer which Eeeß tbe required sta¡dad specifications'
Detâils of the irstrument specifications are included ia Refercnce pl.
The measurcments shâll be performed outdoors at a scnsitive locatioo on neighbouring
residential property in the vicinity of the ai¡ cooditioning device, whe¡e the sound of the
device may cause annoyance. Tpicalty this would be a patio or a window.
The measuremetrts nay also be requfued at a point of rece'ption in the plane of an open.
window facing the unit þ ensure that the sotrod tevel at troise sensitive indoor spaces in a
neighbouring residence is uot in cxces of the guideline limifs. Details of the measurcment
procedure a¡e included in Reference [3].
L2. Sound I¿vel Limits
People's tesponse to noiæ varies depending upon the community's, as well as the
indiviô¡al's economic and social relationship to the source. Thc sormd level limits for air
conditioner and heat pump noiæ were esablishcd based on the resuls of sociological $weys
oflargenumbersofpeopleandreprrescntwhatisconsideredtobetheonsetofsipifica¡t
degradation of the noisc enví¡onment ¡elative to th€ erpcctations of the general population'
The sormd level limits arc rec¡,ptor oriented, i.c. they apply at any noise sensitive location
wifhií a class 2 or class 1 ik€a (as defüred in NPC-2lO at which sound ftom the air
conditioning device may cause a¡noyârce.
The specific limits shown in Table2lf.i2 are expressed in terms of the one hour eguivalent
sound lwel L*, and æPly to feceptor locations in class 1 and class 2 Areas.
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A separatc limit ap'plies to those rec€ptor locations i¡ Class I Ar€8s where the unit was a
rnandaüory requirement for noise coûEol of the interior living qpace in new bnd use
developments.
A preemption in the forn of a gEneral-liUit applies in an area of a relatively hiCh
bac.kgro¡nd noise caused by road üafñc as shown in Table 21É1. In accordance with this
precmption, the cxisting bacþround sound lwel, if highgr than the limis in Table2lfi2'
r€,pr€,scnts the qiterion of acccptability for the ai¡ conditioning dcvice operarion. In addition'
rhe geaeral lipits âr€ in'cr€åsed by 5 dBA for any hou¡ from 07:00 to 21:00 borr¡s. Thc
period of assessment was chosen in accord¡¡ce with the ftrdings of a sociological suwey
condusted in 1990, Reference [12].
4.3. Comolaint Investisetion
Investigators of a complaint agrins¡ installed air conditioning devices must caûy out sou¡d
level measr¡¡cminb at the æc€ptor location(s). The measurements afe to be made in
accordance with meúods ideûdfied in Section 4.1. the operating sound of tbe ai¡
conditioning device and the baclrground rcund consisting of the ¡oad traffic noise must be
measr¡¡ed at the same location, separately. \ilhile the bacþround sound lane!-is measrEed
the ai¡ conditiøring.device must be turned off. Contibutions from aircrafr' and rail ¡oise
sor¡lses roust be inhibited at all times. Unatended measuremeûts afe trot ¡ecommended.
Atmoqpheric conditions may have sigrificant i¡fluecce on the ambient sound levels, for
details sec Referance [3].
The sound level of an insalted air conditioning do'ice may be calculated f¡om thc sound
levels measu¡ed'wÍth the device operating (dwice plus bacþround noise) and s'ithout it
operating (bacþround only). Thepocedure is describcd in Section 5. A correction valuc
is determined between thæe twb sound lo,els. Sr.rbtracting this correction from the higber
sound level (measured with he device in operation) gives the sorrnd level due to tbe ai¡
conditioning device itsef. See Table 2163.
Detcrniration ôf the road trañc sound level is to be made by thenoise control offtcer based
. on tåe ass€ssrneût of thc annoyance by the complainant{$. Tlre time of hþtrcst anno}¡aDce
witbin the time period of 07:00 to 21:00 is to fatt in the selected one hour of the ¡oad traffc
noisc.
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A.4. I¡stallation of Air Conditioning Devic¿s
h¡rchasers and insallers of air conditioning devices have to be cognizaat of the MOEE
guideline on the Sound Emission Sta¡dards listed in Table 216-4. Further explanation of the
. standards is provided in Section 4.5. Only uits neeting the requirements of Table 2164
may be installed in Ooario.
For guidance on the sclection, location or sound rating of the air conditioning devices or for
the method to estimaæ tlre sound lwels, installers should rcfer ûo Refercnce [13].
Installation of units that a¡e in compliance with ttre sound emission sta¡dard must also be i¡
compliance with the point of reception sound level limits, i.e. conplying with the least
restrictive sound lwel limit of Tables 2IÇl and2lG2.
If the calculated sound level of tl¡e unit is in excess of the qpecific sound level limi¡ (f¿þlg
2lG2), the general sound level limit is to be determined. If both limits a¡e exceeded by the
calcr¡Iated levels then alteration is needed in one or mo¡e of the following: the:size or make
of unit, its location or the q'pe of noisc reducing insbllation trcam€nt (use of ba¡rier or
enclosure).
Owners of inshlled uniæ producing a sound lerrel in excess of the sound level limiti will be
required to reduce the noise of the unit, when faced with complaints.
Noise abatement is more expensive a¡rd less cost effective than a proper installation.
4.5. Sound Emission St¡¡dards
In cont¡ast to the sound level limits which apply at the point of reception, sound cmission
.st¿nda¡ds are source oriented, a¡d a¡e based on the concept of sound power lwel which is
a basic measure of the acoustic ouÞut of e noise source.
Ine sor¡nd level of the ai¡ conditioner or heat pump at e rcceptor location depends on matry
factors such as distance separation, u¡it's orientation with reqect ùo the receptor, pres€nce
of shielding objects or strucû¡æs, interveoing te¡rain, topography and ground cover betwee¡t
the uuit end rcceptor, æ well as on atmospheric conditions, atl of which arc inde, endent of
the actr¡al sound emission of the unit.
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Sound ¡nwer on the other hand is a fundametrtal propcrty of the acoustic source alone and
is, therefore, an imporønt absolute parameær which is widely used for rating and
souad rcurces.
The rating of air conditioner a¡d heat pump equipment is designated as the ARI Sound
Rating (SR) a¡d is provided by the manufacturer of the device.
The Sound Rating is based on laboratory tests performed at Statrdard Rating Conditions in
accordance with References [14] and [1O. The SR is an indicator of the sound power larel
of the equipmenÇ the lower the SR, the lower the sound power of the air conditioner or heat
pump.
Sound Emission Sta¡da¡ds in Table 2LÇ4 agply to ceotral air conditioning devices only and
not for window or through-tbe-wall units. .
The. maximum acceptable ARI SÞ¡dard Sound Ratiags shown in Table 216*4 are set in
accorda¡ce with the date of manufacture. Two Sound Emission Standa¡ds, 8.0 and 7.6 bels
are specified for air conditioner and heat pump units ma¡ufactu¡ed during 1991, and during
1992 through 1994 respectively. The Sound Emission Sandard applies to units tbat a¡e sized
at 38,900 BTIIH capacity or less. 1}e emision limis projected after 1994 are under
discussion with the industry to assess fte feasibility of reduction.
SR. ir r rooc cortccæd Ä-wei¡ùtcd æuod povcr lovel, ergerd ia Þb.
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The Economic lmpact of Outback Gamp¡ng
in Southwestern Ontario in 2011
This report was generated by
the Ontario Ministry of Tourism's TREIM model.
April 20,2011
Note: The Ministry of Tourism does not take any responsibility for inputs that the user has
provided, nor for the interpretation of the results.
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l. lntroduction
This report provides an estimate of the economic impact that Outback Camping
is expected to have on Ontario's economy, in terms of Gross Domestic Product,
employment and taxes generated. The analysis is based on the following
information the user has provided to the MTR's Tourism Regional Economic
lmpact Model:
Given that the detailed breakdown of spending by the above visitors on category,
such as transportation, accommodation, etc. is not available from the user, the
TREIM utllized the average expenditure of visitors in Southwestem Ontario with
characteristics closest to those provided by the user from Statistics Canada's
2004 Canadian Travel Survey and the InternationalTravel Survey to generate
the detailed spending as followings ( in dollars ):
Travel Services $t
Public Transoortation $30,08Í
Private Transoortation - Rental $3,28(
Private Transoortation - Ooeration $199,15¿
Local Transoortation $2,192
Accommodation $205,47(
Food & Beveraqe - At Stores $122,821
Food & Beveraoe - At Restaurants/Bars $217.80(
Recreation & Entertainment $128,93ç
Retail- Clothino $107,34r
Retail- Other $s5,24f
Total s1.O72.32t
Total Number of
Visitors
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The user also has selected the following parameters:o The visits take place in Southwestem Ontario in 2011o The impact is to be shown for Southwestem Ontario and for Rest of
Ontario. lnduced lmpacts of household spending are included. lnduced impacts of business investment are included. The economic environment is as follows:
Baseline 2007 2008 2009 2010 20',1
Ontario RealGDP
lol"chanoel 1.66%2.11%2.73o/o 2.92o/o 3.OOo/o
Ontario CPI
lol"chanoeì 2.53o/o 1.84o/o 1.960/o 2.15o/o 1.88o/o
Ontario Population
fol"chanoel 0.69%0.78%0.87o/o 0.83o/o 0.77%
ontario
Unemolovment Rate 6.52o/o 6.38%5.98%5.650/o 5.07%
Govemment of
Canada 3 month T-
BillRate
4.45%4.78%4.77%4.650/o 4.49%
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2. Summary of Findings
Table l. Economic lmpacts of Outback Camping in Southwestern Ontario in
2011 ( in dollars )
Southwestern Ontario Rest of Ontario
Total Visitors' Spending s 1,072,328
Gross Domestic Product (GDP)
Direct I472,537 $ 41,558
lndirect $ 98,360 $ 66,435
lnduced $ 100,231 $ 69,396
Total $ 671,128 $ 177,389
Labour lncome
Direct $ 296,936 $ 29,329
lndirect $ 69,879 $ 46,994
Induced $ ô4,592 $ 43,721
Total $ 431,408 $ 120,045
Employment (Jobs)
Direct 9 1
lndirect 1 1
Induced 1 1
Total 11 2
Direct Taxes
Federal $ 131,498 $ 9,094
Provincial $ 125,503 $ 6,826
Municipal $ e52 $88
Total $ 257,953 $ 16,008
Total Taxes
Federal $ 196,095 s37,425
Províncial $ 162,369 $ 28,845
Municipal $2,152 $7,145
Total $ 360,615 973,414
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Table 2. Economic lmpacts of Outback Gamping in Southwestern Ontario
on GDP by industry ( in dollars )
Direct GDP TotalGDP Direct GDP TotalGDP
Croo and Animal Production $2.822 $ 4,567 $ 736 $ 2,214
Forestrv. Fishino and Huntinq $33 $ 260 $25 $ 480
Minino and Oiland Gas Extraction $0 $ 453 $0 $ 82s
Utilities $0 $ 11,479 $o $ 3,463
Construction $o $ 13,355 $0 $ 3,637
Manufacturinq $ 12,282 821,392 $ 19,084 $ 45,280
Wholesale Trade $ I1,862 $ 21,763 $ 6,025 $ 14,907
RetailTrade $ 52,811 $ 71,679 $0 $ 9,100
Other Transportation and
Warehousino
$ 21,989 $ 29,351 $ 6,941 $ 13,904
Ground Passenger Transportation
lexcl. Rail)
$ 1,900 $ 3,039 $ 400 $ 1,150
lnformation and Cultural lndustries $ 2,946 $ 11,837 $ 495 $ 8,207
Other Finance, Insurance, Real
Estate and Rentinq and Leasino
$0 $ 39,746 $o $ 20,546
Car Rentinq and Leasinq $ 1,802 $ 2,628 $0 $ 851
Owner Occuoied Housino $0 $ 19,160 $0 $4,U7
Professional, Scientific and
Technical Servíces
$0 $ 12,489 $0 $ 11,396
Other Administrative and Other
Suooort Services
$0 $ 7,082 $0 $ 5,077
TravelAqencies $0 $o $0 $o
Education Services $zzt $726 $0 $ 2sz
Health Care and Social
Assistance
$0 $ 4,202 $0 $ I,954
Arts, Entertainment and
Recreation
$ 45,299 $ 47,985 $ 756 $2,288
Accommodation Services $ 137,309 $ r38,539 $ 2,375 $ 3,824
Food & Beveraoe Servíces $æ,877 $ 68,270 $ 4,276 $ 7,100
Other Services (Except Public
Administration)
$742 $ 6,806 $o $ 3,148
Operating, Office, Cafeteria, and
Laboratorv Suoolies
$0 $0 $0 $o
Travel & Entertainment,
Advertisino & Promotion
$0 $0 $o $o
Transoortation Maroins $0 $0 $0 $o
Non-Profit Institutions Serving
Households
$ 3,548 $ 7,631 $o $ 1,263
Government Sector $ 4,295 $ 10,186 $0 $ 2,938
Net Indirect Taxes on Production $0 $ 767 $0 s6.772
Total $ 472,537 $ 671,128 $ 41,558 $ 177,389
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Appendix:
The Economic lmpact of Visits in Southwestem Ontario and other Ontario regions:
since no Ontario region is economically self-sustaining, in order to produce the goods
and services demanded by its visitors, it w¡ll need to import some goods and services
from other regions. As sucfr, some of the economic benefits of the visitors'spending in
Southwestem Ontario will spill over to other Ontario regions, such as the one you have
selected as 'additional". lf the second column of Table 1 contiains only zeros, then that
means that Southwestem Ontario does not trade with that region.
Gross Domestic Product (GDP): value of goods and services produced by labour and
capital located within a country (or region), regardless of nationality of labour or
ownership. This GDP is measured at market prices. Tourism GDP refers to the GDP
generated in those businesses that directly produce or provide goods and services for
travelers.
Direct impact: refers to the impact generated in businesses or sectors that produce or
provide goods and services diredly to travelers, e.g. accommodations, restaurants,
recreations, travel agents, transportiation and retail enterprises etc. Direct impact on
GDP, employment and tax revenues is also called tourism GDP, tourism employment
and tourism tax revenues.
lndirect impact: refers to the impact resulting from the expansion of demand from
businesses or sec'tors directly produce or provide goods and services to travelers, to
other businesses or sectors.
lnduced impact: refers to the impact associated with the re-spending of labour income
and /or profits earned in the industries that serve travelers directly and indirectly.
Employment: refers to number of jobs, include full-time, part-time, seasonal
employment, as wellas both employed and selfcmployed.
Federal tax revenues: include personal income tax, corporate income tax, commodity
tax (GST, gas tax, excise tax, excise duty, air tax and trading profits) and payroll
deduction that collected by the federal govemment.
Provincial tax revenues: include personal income tax, corporate income tax,
commodity tax (PST, gas tiax, liquor gallonage tax, amusement tax and trading profits)
and employer health tax that collected by Ontario provincial government.
Municipaltax revenues: include business and personal property taxes that collected by
the municipalities. Collection, however, does not follow immediately the consumption or
production of goods and services in a municipality by visitors (as is the case with GST or
personal income taxes). Rather, these taxes show the percent of the total properly taxes
collected by a municipality that can be attributed to tourism because of tourismis
contribution to the economic activity of the municipality and hence its tax base.
lndustry: The industry follows Statistics Canada's 1997 North America lndustry
Classification System (NAICS) Input-Output small aggregation industry classification.
Correspondence dated June 7, 2011 from Outback Camping
regarding "Request for Noise By-Law Amendment".
Page 256 of 313
85131/2811 11:14 fil?4 P.002/002To:'l5198883884From:flEYt
?ô
Otz
I
Þontario
Ìry{ay31,2071
Municipality of Bayham
934/.P1ânkRoa4 PO Box 160
Staffordville, ON
NOJ lYO
To Whom ltMay Concem:
Thc Onta¡io Early Years Cc,ntrc would like to obtain park pe,rmíts to use green space in
order to bring our ftee program "Summe,r Park Program' into the Straffordville
Community Pa¡t aæin this summer. The program would run on Friday mornings
commencing July 8,2011 until August 26,2011from 9:30-11:30 am (weather
pernittíng). We bring our own supplies and do notrequire any special equipment.
Bybringing ourprogram to this publio area again, wehope to increase erposure to the
commrmity so that fmilies can ba.efit ûom the programs that we ofrer. We curreirtly
are running aprcgram ûom Strafrordville Public School rluring the school months.
If you have any quostions or oonc€rns, pleaso contact me at (519) 631-9496, ext,242,
Thank you in advance for your assistance.
Sincerel¡
Progrm Supeivisor, Ontario Early Years Centre Elgin-Mddlesor-London
Correspondence dated May 31, 2011 from Ontario Early Years
Centre Elgin-Middlesex-London regarding "Summer Park
Page 257 of 313
Page 258 of 313
20'10.1't.19 6.3 90s0 MUNICIPALITY OF BAYHAM
06t01t201't I 223.47 010549
0610112011 I 85.98 010549
0610212011 12:53PM
Accounts Payable
Royal Bank
Cheque Register- 0610212011
OOOI54 CANADIAN KOOL WATER
2878 WATER BOTTLES - OFFTCE 05t3',v2011 I 40.00 010546
ChequeArnount- 40.00
OOO156 CANADIAN PIPE & PUMP SUPPLY LTD
T428r'¡00 CARTRTDGES, ASSEMBLY 05t09t2011 I 558.68 010547
Cheque Amount- 558.68
OOO177 CHARLES BUCHANAN
folding cart FOLDING CARTS 0512512011 I 45.18 010548
Cheque Amount -45.18
OOO179 CHERYLPETERS
edisonfest SUPPLIES
edisonfest supplies SUPPLIES
Cheque Amount - 309.45
00í826 CHRISSYS CORNER STOR
6 MEALS FORTRATNTNG O5t30t2011 I 840.08 010550
Cheque Amount - 840.08
001584 COCO PAVTNG tNC.
13250990 QPR, ENVIROFEE
000218 CUPELOCAL35
May'1l remit UNION DUES
OOO25O DEL.BAC SALES LIMITED
05t20t2011 I 1,438.04 010551
Cheque Amount - 1,438.04
o513',v201't I 375.56 010552
Cheque Amount - 375.56
220575 DTSHWASHER - V.C.C.05120120'11 I 8,454.66 010553
Cheque Amount - 8,454.66
001386 DOTSYS - DAN CANDYSTAND
edisonfest FACE PAINTER - EDISONFEST 0610112011 I 497.20 010554
Cheque Amount - 497.20
OOO272 DYNAMIC FLUID PRODUCTS INC
f-10500{ HYDRAULTC HOSE, CRTMPS 05t31t201',t I 105.46 010555
Cheque Amount- 105.46
OOO322 EVANS UTILITY
0000138838 MARKTNG PA|NT, VALVES 05t27t2011 I 383.07 010556
Cheque Amount - 383.07
000367 GENERAL CHEMICAL
90406387 ALUM SULFATE 0511312011 I 736.37 010557
Cheque Amount - 736.37
Page 1
Cheque Register being Cheque #10546 to Cheque #10610
inclusive, totaling $106,269.72 and Payroll Disbursements for the
Page 259 of 313
OOO427 HYDRO ONE NETWORKS INC
May25390-07266 UTILITIES-VIENNASTL
May 25390 - 5s002 UTILITIES - PT BUR STL HWY 19
May43018 - 26008 UTILITIES - PT BURWELL STL
May 5022'l - 05009 UTILITIES - SEWAGE PLANT
May 62396 -22001 UTILITIES - STRAF STL
May 62790 - 072æ UTILITIES - RICHMOND STL
May 81590 - 07297 UTILITIES - EDEN STL
May 87790 - 07295 UTILITIES - CORINTH STL
2010.1 1.19 6.3 9050
000446 JACKIE RINGI.AND
salt
OOO513 KOOLEN ELECTRIC
16E47
OO147O LEANNWALSH
10110623715
10110623793
MUNICIPALIry OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0610212011
0512012011
0512012011
0512012011
0512012011
o5t20t201'l
05t20120't1
05t20t2011
o5120120't1
0610212011 l2:53PM
I
I
I
I
I
I
I
I
616.74 010558
1,785.87 010558
21.16 010558
5,554.85 010ss8
'1,123.54 010558
200.53 010558
610.78 010558
262.24 010558
Cheque Amount -
SALT.V.C.C.0513112011
Cheque Amount -
REPAIR A/C UNIT - LIBRARY o512012011 I
Cheque Amount -
27.57
296.63 010560
10,'t75.71
27.57 010559
010561
010561
SNACKS. STEVE PETERS MTG
SNACKS - STEVE PETERS MTG
05t27t2011
05127t2011
296.63
9.52
12.48
Cheque Amount -
001592 MIKE ABELL ELECTRIC INC.
8292567 REPLACEPHOTOCELLS-LIGHTH( A524NOÍ I
Cheque Amount -
000623 MUNICIPALITY OF BAYHAM
J. Beçen SEWER DEBENTURE PYMT 051261201'l
Cheque Amount -
000631 NATHAN DAWLEY
JTAG lnstuclor JTAG INSTRUCTOR 06t01f20't1 I
Cheque Amount -
000633 NATURAL RESOURCE GAS LIMITED
22.00
366.82 0't0562
366.82
3,034.89 010563
3,034.89
170.00 010564
MayÊ12378-01
MayE14212-O'l
MayE2238O-0'l
MayF24200-01
MayE45407 - 01
MayE45409 - 01
MayE45410 - 01
MayE5l600 - 01
MayF19290 - 01
UTILITIES. FIREHALL
UTILITIES - MED BLDG
UTILITIES - PUMP#5
uTrLtTrES - S.C.C.
UTILITIES. OFFICE
UTILITIES -PUMP#2
UTILITIES. LIBRARY
UTILITIES - GARAGE
UTILITIES - EDISON
05t19t2011
05119t2011
o5t',t9t2011
05t19t2011
0Et't9t2011
o511912011
05t19t201',|
05119120't1
0512012011
170.00
19s.72 010565
105.01 010565
1'13.35 010565
189.74 010565
1U.75 010565
59.57 010565
28.33 010565
154.66 010565
117.96 010565
I
I
I
I
I
I
I
I
I
Page
Cheque Register being Cheque #10546 to Cheque #10610
inclusive, totaling $106,269.72 and Payroll Disbursements for the
Page 260 of 313
2010.1't.19 6.3 9050
MayF20600 - 0l
MayF26864 - 01
MayG06305 - 01
MayG06307 - 01
MayG15700 - 01
000658 oMERS
04100 Ap/1 I
001537 RON CAIRNS
JTAG tsaining
001829 SCOTTYS PTZZA
baining
000806 SGSCANADAINC
't0508135
10508't36
10508137
10508138
't0508139
10508140
10508141
10508142
10508810
1050881 I
10508812
r050983'l
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0610212011
06102120'11 l2:53PM
uTrLtTrES - V.C.C.
UTILITIES - PUMP#6
UTILITIES - MARINE MUSEUM
UTILITIES. PB FIREHALL
UTILITIES - OPP OFFICE
ost20t201'l
0512012011
05120120't1
05t2012011
051201201'l
42.37 010565
32.98 010565
92.04 010565
140.63 010565
19.68 010s65
I
I
I
I
I
Cheque Amount -
051311201't IAPRIL2O1l REMIT
JTAGTRAINING
MEALS FORTRAINING
[.AB FEES
LAB FEES
I.AB FEES
I.AB FEES
I.AB FEES
I.AB FEES
I-AB FEES
I.AB FEES
LAB FEES
I.AB FEES
I.AB FEES
1.AB FEES
Cheque Amount -
0610112011 I
12,3U.14
170.00
1,456.79
123U.14 010566
010567
010568
010570
010572
Cheque Amount -
os13012011
170.00
114.42
Cheque Amount -
0513012011
0513012011
0513012011
051301201'l
05130t2011
o5130t2011
ost30t2011
05130t2011
0513012011
0513012011
0513012011
0513012011
1',t4.42
311.88 010569
33.90 010569
49.72 0't0569
16.95 010569
238.43 010569
16.95 010569
16.95 010569
56.50 010s€9
893.28 010s69
73.45 010569
265.55 010569
180.24 010569
I
I
I
I
I
I
I
I
I
I
I
I
Cheque Amount -
OO143/. STANTECCONSULTING LTD.
s65621 RTCHMOND COMMUNTTYWATER O5t't3t201't I
Cheque Amount -
OOO853 STRAFFORDVILLE PUBLIC SCHOOL
AD-YEARBOOK YEARBOOKAD
OOI539 SUPERAIR BOUNCE RENTALS
0610212011 I
0610112011
2,153.80
488.73
4æ.73
55.00 0't0571
Cheque Amount -55.00
701.71389AIR BOUNCE RENTAL
Cheque Amount -701.7'l
Page
Cheque Register being Cheque #10546 to Cheque #10610
inclusive, totaling $106,269.72 and Payroll Disbursements for the
Page 261 of 313
2010.11.19 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 06102f2011
0512612011 I
Cheque Amount -
05t30t20't1 I
ChequeAmount-
odün011 I
Cheque Amount-
04,to9t2011 I
Cheque Amount -
Cheque Run Total -
0610A2ú1 12:53PM
010573
010574
010576
OOIOO2 TILLSONBURG FIRE & SAFETY EQUIPMENT
16446 EXflNGUISHERS
@18/,2 TONYHIETIGMP
baining supplies TRAINING SUPPLIES
OOO925 TRILLIUM RAILWAY COMPAI{Y
PCK1954 SIGNALS
000986 WORKPL.ACE SAFETY & INSURANCE
1625314Ma¡/11 MAYIl REMIT
98.82
53.76
53.76
638.92 010575
638.92
2,443.28
2,443.28
,18,586.74
Page
Cheque Register being Cheque #10546 to Cheque #10610
inclusive, totaling $106,269.72 and Payroll Disbursements for the
Page 262 of 313
20'r0.1r.19 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register- 0610912011
06/09/2011 2:1OPM
OOOO23 AAROCAGGREGATES LTD
JO6552O SCREENEDTOPSOIL 05t3112011 101.70 010577
Cheque Amount -
OOOO33 AGLINE
6201917
6202002
6202197
6202æ5
0512612011
0512712011
0513112011
o6to8t201'l
10't.70
85.55 010578
3.83 010578
170.10 010578
65.44 010578
I
I
I
I
OO1018 AYLMER SUBMARINE
359376 SUBMRAP PI.ATTER
V-BELT
V-BELT
ROLLER, PIN, OIL
QUICK LOCKS
INSTALL TIRE
INSTALL TIRE
TIRE REPAIR
LOF
LOF
LOF. ROTATE TIRES
MUNICIPAL LEGISLATION
EDISONFEST SUPPLIES
DIESEL DYED
REG GAS
REG GAS
REG GAS
DYE DIESEL
DYE DIESEL
ROAD DIESEL
DYE DIESEL
REG GAS
Cheque Amount -
og1a20'11
324.92
483.08 010579
010582
0l 0s83
OOOO8I AYLMER TIRE
0000076778
0000076779
10177
10206
10229
10308
000167 CARSWELL
7457943
OOO179 CHERYL PETERS
edison supplies
001690 DOVV|_ER-KARN
362430
362431
362490
362533
36253/.
362s84
362585
362679
362680
Cheque Amount -483.08
65.65 010580
1,099.15 010580
06103t2011
0610312011
OOO141 CAIN'S AUTO SALES & SERMCE
Cheque Amount -1,164.80
22.60 010581
44.01 0't0581
48.53 010581
102.77 010581
05105t2011
05110120't1
05113t201',|
05t26t2011
I
I
I
I
Cheque Amount -
0ø.|1912011
217.91
25't.00
Cheque Amount -
061022011
251.00
1 58.1 9
Cheque Amount -158.r 9
241.49 010584
741.45 010584
662.89 010s84
660.53 010584
1,078.19 010584
426.53 010584
1,116.99 010584
789.66 010584
1,275.84 010584
0510412011
05104t2011
05110t2011
05113t20',t1
0511312011
0s11812011
05l't812011
0512712011
0512712011
Page
Cheque Register being Cheque #10546 to Cheque #10610
inclusive, totaling $106,269.72 and Payroll Disbursements for the
Page 263 of 313
2010.1 1.19 6.3 9050
OO17O8 EASTLINK
5'198744054Jun
OOO299 ELGIN PURE WATER
0000162059
OOO334 FASTENALCANADA
oNTls44406
oNTts44685
MUNICIPALITYOF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0610912011
Cheque Amount -
TELEPHONE.INTERPCENTRE 0610112011
Cheque Amount -
MONTHLY RENTAL 0610112011 I
Cheque Amount -
06/09/2011 2:10PM
6,993.57
112.76 010585
112.76
114.70 010586
SUPPLIES
GLOVES
05t19t20't1
05t27t2011
114.70
28.52 010587
26.44 010587
OOI239 GREAT I.AKES NEW HOLL.AND INC
51881T FILTERS, BATTERY, BI.ADES
æ72T FILTERS
6085T BELT. SPRING
001538 GROUND EFFECTS LANDSCAPE & DESIGN
Gheque Amount -54.96
879.85 010588
365.85 010588
161.96 010588
05130t20't1
05t25t20't1
051261201',|
334
Cheque Amount -1,407.66
2.870.20 0'10589
OOO991 HORVATHAUTOPARTS
208038
210/;6',1
210612
210613
21066,7
2f0960
210963
2110s4
21 1060
CEMETERY MAINTENANCE
GLOVES
CUTTER
GLO\ÆS
CREDIT. GLOVES
GLOVES
GREASE INJECTOR
PART
STROBE LIGHT
UNIVERSALSOCKET
05t28t2011 r
Cheque Amount -2,870.20
33.88 010590
40.68 0í0590
30.10 010590
-1s.05 010590
30.33 010590
5.05 010590
60.68 010s90
180.80 010590
16.10 0'f 0590
03t07t2011
05t11t2011
0s116120't1
05116120't1
0511712011
0512512011
05125t2011
05127t2011
05127t2011
I
I
I
c
I
I
I
I
I
0@427 HYDRO ONE NETWORKS INC
JunO1'18'l - 23005
Jun18850 - 12458
Jun18971 -44027
Jun1897l -5200'l
Jun2524O - 95021
Jun25250 -12302
Jun28799 - 40004
Jun34853 - 01007
UTILITIES.INFO CENTRE
UTILTIIES. PB LIBRARY
UTILITIES - METER CHAMBER
UTILITIES - BOOSTER PUMP
UTILITIES. RICHMOND RD PUMP
UTILITIES - PB OPP OFFICE
UTILITIES. PUMP#1
UTILITIES. BEACH WASHROOMS
Cheque Amount -382.57
4't.19 010591
147.63 010591
43.32 010591
9r.11 010s91
382.09 010591
1.3',t 010591
385.93 010591
107.03 010591
ooToolzor t
06106t20't1
0610612011
0610612011
0610612011
06106t2011
06/06/201 r
0610612011
Page
Cheque Register being Cheque #10546 to Cheque #10610
inclusive, totaling $106,269.72 and Payroll Disbursements for the
Page 264 of 313
2010.11.19 6.3 9050
Jun43850 - 12451
Jun50250-12458
Jun5645G12330
Jun62760 - 43000
JunBT770 -20012
Jun93850 - 12278
Jun93970 - 20342
000217 tBrcRouP
252156
@0458 JASON SHELLY
repair
000466 JIMMIJONS
36316
3631 7
OOO51O KLASSENAUTO PARTS
14352
1444æ
1€4510
1€4535
1€5041
145227
't46192
1€7093
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register- 061091201'l
0610912011 2:l0PM
UTILITIES - PB CENTEN PARK
UTILITIES - MARINE MUSEUM
UTILITIES - BOAT L.AUNCH
UTILITIES. E.C.C.
UTILITIES - EDISON MUSEUM
UTILITIES - PB FIREHALL
uTrLtTrEs -v.c.c.
CONSULTING FEES
REIMBURSE REPAIR
MONTHLY UNIT RE].{TALS
UNIT RENTAL - INTERP CENTRE
0610612011
06t06t20't1
06t06t2011
06/062011
06t0612011
0610f,1201'l
o6t06t2011
78.88 010591
85.03 010591
50.53 010591
113.15 0'10591
69.07 010591
190.55 01059'l
488.56 010591
Cheque Amount -
05127t20't1 I
2,275.38
2,089.75 010592
010596
Cheque Amount -
trj10912011 I
2,089.75
Tn.o8 010593
Cheque Amount -777.08
976.32 010594
161.59 010594
05t16t2011
gil16nof
SWTCH
ALARM, LAMP
CONNECTOR
FUSE HOLDER, SWITCH, ROCKER
TIES
BRUSH
otL
SMOG HOSE, SPLICER
Gheque Amount -1,137.91
19.38 010595
44.36 010595
2.s7 010595
't1.92 010595
10.81 010595
4.03 010595
69.96 010595
5.62 010595
051031201'l
05t04t2011
o5lul2011
05104t2011
0510912011
0511112011
0512012011
o5131120't1
OOO548 LLOYD MCQUIGGAN & SONS
075671 HAULING WNTER SAND
OOO555 LONG POINT REGION CONSERVATION
2nd qrtr levy 2ND QUARTER LE\A/
OOO588 MCBAIN SIGNS & GRAPHIC DESIGN
1 l94l 911S|GN
Cheque Amount -
o5l3'U2011 I
168.65
1,437.19
Cheque Amount -
06t08t2011 I
1,437.19
1't,086.75 010597
Gheque Amount -
06107t20't1 I
11,086.75
50.85 0't0598
000633 NATURAL RESOURCE GAS LIMITED
Cheque Amount -
Page
Cheque Register being Cheque #10546 to Cheque #10610
inclusive, totaling $106,269.72 and Payroll Disbursements for the
Page 265 of 313
2010.'Í.19 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register- 0610912011
0610912011 2:10PM
MayG06210 - 01 UTILITIES - PB LIBRARY 05120120'11 I 49.91 010599
MayG40407 - 01 UTILITIES - PB GARAGE 05120120'11 I 49.91 010599
Cheque Amount - 99.82
001844 PETER&EVADYCK
20 - tull retund SEWER PERMIT DEPOSIT 06102120't1 I 5,403.37 010600
Cheque Amount - 5,403.37
000716 PRAXAIR DISTRIBUTION
11433838 CYLINDERRENTAL
OOO743 RBCROYALBANK
May451 6 0500(M037580 II¡TEREST
May451 605000403 7580ANNUAL FEE
May4s'l 605000448 5284 INTEREST
0512712011 I 25.39 0't060'l
Cheque Amount - 25.39
0512712011 I 24.11 010602
0510112011 I 12.00 010602
0512712011 I 13.87 010602
ChequeAmount- 49.98
001843 REBECCADYGOS
reimburse daim CIAIM FOR DAMAGE - 9317 PtANf 0610312011 I 250.00 010603
Cheque Amount- '250.00
OOO752 RESQTECH SYSTEMS INC
00011740 REAR WARNTNG LtcHT 04t302:011 I 120.91 010604
Cheque Amount - 120.91
000768 ROBERTRONSON
58481 VIENNA EDISONFEST o6lo4l20't1 r 19s.00 0'10605
GhequeAmount- 195.00
OOI106 SIEMENS WATER TECHNOLOGIES
900197781 FRE|GHT B|OX|DE O5t30t201't I 3,900.1s 010606
Cheque Amount - 3,900.15
000856 STREIB TRUCKING LTD
4273 BRTDGE WASHTNG 05t01t2011 I 7,299.80 010607
4274 BRTDGE WASHTNG 05t01t2011 I 4,723.40 010607
Cheque Amount - 12,023.20
OOO93O TSCSTORES L.P.
l8't030055 BATTERTES, CHLORTNE 05t12t20't1 I 33.88 010608
181038813 CLEANER 0st05t2011 I 11.85 010608
181038861 ptpE, COUPL|NGS, F|TT|NGS 05/05/20fi I 23.88 010608
Gheque Amount - 69.61
OOO953 VIENNAHOMECENTERLTD
363519 RAKE 0510212011 I 22.59 010609
05/04120'11 I 7.33 010609FILE363601
Page 4
Cheque Register being Cheque #10546 to Cheque #10610
inclusive, totaling $106,269.72 and Payroll Disbursements for the
Page 266 of 313
2010,'t 1 .19 6.3 9050
363887
34t029
36,1062
34t165
3ô4310
3U327
3æ3/.3
34K19
364722
364863
36/an
364907
SPARK PLUG
GARBAGE BAGS
CONCRETE MIX
POSTS
BRUSHES
CONCRETE MIX
CONCRETE MIX
SUPPLIES
STAIN, BRUSHES
PAINT TRAY, LINERS, ROLLER
SOAP. STAIN
INSECT REPELLENT
3.72 010609
35.01 010609
12.4',t 010609
133.U 010609
6.77 010609
58.62 010609
22.54 010609
31.09 010609
67.75 010609
18.36 010609
78.26 010609
12.98 010609
MUNICIPALITYOF BAYHAM
Accounts Payable
Royal Bank
Gheque Register - 0610S12011
0610912011 2:10PM
0511012011
05n2noÍ
0511312011
0511612011
05t1812011
o5l19li¿011
05t19t20't1
0512012011
0512712011
0st3012011
05t30t2011
05t31f2011
OOO957 VOTH SALES &SERVICE LTD
0000185481
0000185497
000018s506
0000185541
0000185600
OIL FILTER, FILTERS
FUELMATER SEPARATOR
ADJUST BRAKES
PART
REPAIR REARAXLE
Cheque Amount-
0511612011
0511812011
05n8no11
0512412011
0513112011
510.77
47.30 010610
22.43 0'10610
23.65 010610
6.7't 010610
1,273.11 010610
I
I
I
I
I
Cheque Arnount -1,373.20
Cheque Run Total -57,682.98
Page
Cheque Register being Cheque #10546 to Cheque #10610
inclusive, totaling $106,269.72 and Payroll Disbursements for the
Page 267 of 313
sORT¡' HUNICIPALIiY OF BAYHAH
ADP CANADA
PAYROLL TECHNOLOGIES
DAILY UPDATE REPORTCOIIPANY TOTALS
ADJUST-CR CURRENT TOTAL
10, I40.07
2,37L.44
5,224.46
1,t78.61
I8,9I4.58
43,966.A2
43,966.82
62,AgL.40
130.99
17.05
63,029.42
SERVICE CHARGES
RUN: l{AY 31 201I N0: A
PAGE: 9L7
HST REG: 10005741S RTooo4
C0I{PANY PAGE: 3
DEBIT DATE: JUN l, 201I
DATE 0F PAY: JUN 5, 20Il
YTD TOTAL
I07,5I5.80 FEDL TAX
NR TAX
PROV TAX
23,002.54 EI CoNT
QPIP
52,56L.30 CAN PEN
QC PEN
QC HSF
1 I ,568.39 oil EHT
1{B HET
NL HAPSET
L94,646.03 TOT STATS
CHEQUES
454,4t5.38 DEP0SITS
US DEPS
DED DEPS
454,4L5.3A TOT NPAY
RRSP
RTI
649,06I.4L TOT PAYROL
2,066.L2 SERV CHRG
GST
264.5A HST
65I ,396. I I GRAND TOT
UNITS CHARGE
| 47.93
TOT PACKETS - 2
CURRENT
10,I40.07
2.37L.44
5,224.46
r,178.6r
18,9I1.58
43,966.82
q3,966 -82
62,A8L.40
130.99
17.05
63,029.42
ADJUST - DR
FEDL TAX
NR TAX
PROV TAX
EI CONT
QP IP
CAN PENqC PEN
QC HSF
ON EI{T
I{B HET
NL HAPSET
TOT STATS
CHEQUES
DEPOS ITS
US DEPS
DED DEPS
TOT NPAY
RRSP
RTI
TOT PAYR.OL
SERV CHRG
GST
HST
GRAND TOT
YTD ADJUST
CHARGE ITEI{
29.7O PAYR,OLL RUNS
12.00
ITEI{ UNITS CHARGE
SALARIED I{ORKPAYS 20 35.00
PAY ADVICE FOLD 58 E.36
TOTAL S./C SUBJECT TO HST IS
TOTAL PAYROLL DEBIT ¡S
ANALYSIS OF
ITEI{
HOURLY }¡ORKPAYS
COURIER FEE
150.99
UNITS
I8
I
63,O29.42 DEBIT INFORIIATION: 005 05I02 l0II925
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a-\Y
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Denis Duguay, Treasurer
SUBJECT: Council Remuneration & Expenses
DATE: June 6,2011
FILE: F03.03
NUMBERz F20ll-04
Background Comments
Pursuant to section 284(l) of the Municipal Act,200l, a Statement of Remuneration and
Expenses for all the Members of Council is to be submitted each year to Council for
information purposes. Rernuneration was made to council under the authority of s.283 of
the Municipal Act. Itemized below are the remuneration and expenses for each Member
of Council for the year 2010. Expenses include mileage paid to individual councilors.
Taxable Expenses Conference & Mileage
Reimbursements
$ 4,831.44 $ 129.60
53,623.04 $ 1,655.63
$ 3086.46 S t,747.43
s3052.92 $ 1,409.93
$ 3052.92 s t,526.93
$ 201.3r
$117.42 $ 23.40
s14,912.59 S 6,492.92
THAT StufÍReport F2011-08 be receívedfor ínformatíon
Lynn Acre
CliffEvanitski
Mark Taylor
Ed Ketchabaw
V/ayne Casier
Paul Enns
Tom Southwick
Total
Recommendation:
s 9,662.64
$ 7,246.08
$ 6,240.00
$ 6,105.84
$ 6,105.84
$ 402.61
s 234.84
$ 35,997.85
Staff Report F2011-04 regarding "Council Remuneration &
Expenses".
Page 269 of 313
Page 270 of 313
?
Subject: Re: Harmony Acres Line Race Track
Mayor Paul Ens
My name is PaulAndriekus and I live at 53450 Harmony Acres Line R.R.# 4 Aylmer
Ontario NsH 2R3.
I called into the Township Office today and asked how and if possible to have a
reduced speed limit sign put on my road. There is no sign at present and I would like
to see a speed limit of 50 to 40 km per hour posted. I was told to contact you and to
send along a letter. I hope this e-mailwill suffice.
I have been living here now for a little more than three years and there is a large
amount of 4-wheelers and motor dirt bikes and at times cars that will race by my
home at high speeds. The no exit road is not paved but gravel. The winter months is
not to bad but during the summer I like to have my windows open to allow fresh air to
enter. When these vehicles race by the dust cloud carries over into my home. Not
to mention the gravel that flies up the noise and the road haying tole g¡qdeQ on a
regular bases. These 4-wheelers and a few cars have no resþect for the people
who live on this road and are using it as their personal race track.
Now I do not know if the lower speed limit sign will work or not. But if they do not
slow down, it will at least give police officers a chance to warn them to slow now and
to have road legal vehicles and safety equipment when using this public road way.
I thankyou Mayor Ens for taking the time out and seeing if there is anything that
could be done to resolve my problem on Harmony Acres Line. lf you have any
questions please call or e-mail me anytime day or night.
Sincerely
PaulAndriekus
LPA@AMTELECOM.NET
519 765-1852
Correspondence dated June 6, 2011 from Paul Andriekus
regarding"Harmony Acres Line Race Track".
Page 271 of 313
Page 272 of 313
/\
LÕà
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT: Water System Transfer Agreement
- Secondary System and Bayham
DATE: June 10, 2011
FILE: E
NUMBER: E2011-03
Purpose
This report is to recommend a transfer agreement with the Port Burwell Area Secondary Water Supply
System to transfer two sections of waterline.
Background
The issue of ownership of two sections of watermain has come to light as a result of new drinking
water legislation. New regulations require owners to have operational plans that identiff system
limits, interconnectivity to other systems, and the methods in place to ensure the protection of the
system. During the preparation of these documents, it has been identified that a portion of the water
system that the municipality operates appears to be identified in the PBASV/SS transfer documents
from the MOE as part of the Secondary system.
Staff Comments
Staff met some time ago with Township of Malahide staff (the administering Municipality for the
Secondary system), to discuss the issue and the most appropriate resolution.
Several options regarding ownership and operations were discussed, including:
. PBASWSS could continue to be the owner of the subject lines and operate using the current
contractor (OCWA)
. PBASWSS could continue to be the owner of the subject lines and operate under contract with the
Municipality
. The lines could be transferred to the Municipality
In evaluating the alternatives, it was noted significant changes to both the municipal and Secondary
system operations would be needed to implement the first two options. The subject lines have been
operated by the Municipality since the system was transfened by the MOE in 1998, and have been
incorporated in to the Municipal PSAB calculations and financial plans. The actual Order issued by
the province in 1998 is very unclear regarding boundaries etc., and pursuing the transfer per the third
option will provide an opportunity to very clearly delineate the Secondary vs local water system
boundaries. For these reasons, staff are recommending the third option be pursued.
For clarity, the description of the works that would be transferred are as follows:
The description of assets below is meant to identiff all known Port Burwell Area
Secondary Water Supply Systems assets east of 5 metres east of the E038 concrete meter
and 5 metres north of the V00l valve chamber as transferred by Transfer Order Port
Burwell Area W1/1998
Staff Report E2011-03 regarding "Water System Transfer
Agreement - Secondary System and Bayham".
Page 273 of 313
Report E20ll-02 _) _
Section I - being the transmission main and all related appurtenances directly connected to
the transmission main which runs from Nova Scotia Line to Chatham Street in the
Municipality of Bayham. Specifically, the section of 10" (250 millimeter) diameter
transmission main commences 5 metres easterly of the E0314/001 concrete meter and
valve chamber extending approximately 0.9 kilometers to Chatham Street, Port Burwell.
Section 2 - being the transmission main and all related appurtenances directly connected
to the transmission main which runs along Plank Road from Port Burwell to Vienna in the
Municipality of Bayham. Specifically, the section of 10" (250 millimeter) diameter
transmission main commencing at Victoria Street, Port Burwell and extending
approximately 3.4 kilometers to North Street, Vienna.
A sketch is also provided for reference. An agreement has been prepared and is attached to this
report that would implement Option #3. This agreement has been reviewed and approved by the
Secondary Water System Board.
Options
1. PBASWSS could continue to be the owner of the subject lines and operate using the current
contractor (OCWA)
2. PBASWSS could continue to be the owner of the subject lines and operate under contract with the
Municipality
3. The lines could be transferred to the Municipality
Strategic Plan Goal(s):
Goal #1 - Practice responsible financial management
Goal#2 - Ensure reliable, well maintained and secure infrastructure
GoaI#4 - Be dedicated to service excellence
Attachments
1. Sketch of subject water mains
2. Draft By-law No. 2011-053, to Authorize an Agreement with the Port Burwell Area Secondary
Water Supply System Joint Board of Management for the transfer of Certain Assets.
Recommendation
That Draft By-law No. 2011-053, being a by-law to Authorize aî Agreement with the Port Burwell
Area Secondary Water Supply System Joint Board of Management for the transfer of Certain Assets
be presented to Council for enactment.
Staff Report E2011-03 regarding "Water System Transfer
Agreement - Secondary System and Bayham".
Page 274 of 313
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CORPORATION OF TIIE
MTJNICIPALITY OF BAYHAM
BY-LAW NO. 2011-0s3
A BY-LA\il TO AUTHORIZE THE EXECUTION
OF AN AGREEMENT BETWEEN
THE CORPORATION OF THE MTJNICIPALITY OF BAYHAM
AND
TIIE CORPORATION OF'THE MTJNICIPALITY OF BAYIIAM, THE
coRPoRÁ.TroN oF THE TOWNSHIP OF MALAHTDE, THE
CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN' as
represented by the PORT BURWELL AREA SECONDARY WATER
SUPPLY SYSTEM JOINT BOARD OF'MANAGEMENT
WHEREAS by Transfer Order made pursuant to the Municipal Water and Sewage Transfer Act,
1997, the Ontario Clean Water Agency transferred the Port Burwell Secondary Water Supply
System to the Port Bu¡well Secondary'Water Supply System Joint Board of Management.
AI\D \ryHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with the Port Burwell Secondary Water Supply System Joint Board to
transfer certain assets.
NOW THEREF'ORE THE COUNCIL OF THE CORPORATION OF THE
MT]NICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. TIIAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule 664" and forming part of this by-law between the
Municipality of Bayham and the Port Burwell Secondary Water Supply System Joint
Board of Management.
2. THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16TH
DAY OF' JUNE,20tt.
MAYOR CLERK
Staff Report E2011-03 regarding "Water System Transfer
Agreement - Secondary System and Bayham".
Page 276 of 313
This Agreement made this day of ,2010,
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, THE CORPORATION
OF THE TOWNSHIP OF MALAHIDE, THE CORPORATION OF THE MUN¡CIPALITY
OF CENTRAL ELGIN; as represented by the PORT BURWELL AREA SECONDARY
WATER SUPPLY SYSTEM JOINT BOARD OF MANAGEMENT
(the "Transferors")
-and-
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(the "Transferee")
WHEREAS by Transfer Order made pursuant to the MunicipalWater and Sewage
Transfer Act, 1997, and dated November 29th, 2OOO, a copy of which is attached hereto
as Schedule "A", the Ontario Clean Water Agency transferred the Port Burwell Area
Secondary Water Supply System (the "System") to the Transferors;
AND WHEREAS the Transferors are the owners of and are responsible, through the
Joint Board of Management, for the operation of the System;
AND WHEREAS the Transferees have and continue to administer, under the direction
of the Transferors and the Joint Board of Management, a portion of the System which is
more particularly described in Schedule "8" attached hereto;
AND WHEREAS the Transferors have determined that it is in the best interests of the
System as a whole and of the System users to transfer to the Transferee all right, title,
ownership and responsibility to the portion of the System as set forth in Schedule "8"
and the Transferee wishes to accept from the Transferors all right, title, ownership and
responsibility to the portion of the System as set forth in Schedule "8";
Staff Report E2011-03 regarding "Water System Transfer
Agreement - Secondary System and Bayham".
Page 277 of 313
NOW THEREFORE in consideration of the sum of $1.00 now paid by each of the
parties to the other and in consideration of the mutual covenants hereinafter set forth
and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
l. Defined Terms and Schedules
1.1 Defined Terms. For the purposes of this agreement, unless the context
otherwise requires, in addition to any other terms defined herein, the following terms
shall have the respective meanings set out below (and any grammatical variations
thereof shall have the corresponding meanings):
(a) "Board" means the Joint Board of Management of the Port Burwell Area
Secondary Water Supply System;
(b) "Current Assets" means those assets of the portion of the System as set
forth in Schedule "8" as at the close of business on the day immediately
prior to the Effective Date which would, in accordance with GAAP, be
classified, and included in the balance sheet of the Corporation of the
Municipality of Bayham as current assets of the Corporation of the
Municipality of Bayham relating to the portion of the System as set forth in
Schedule "B" as at such time;
(c) "Current Liabilities" means those liabilities of the portíon of the System as
set forth in Schedule "B" as at the close of business on the day immediately
prior to the Effective Date which would, Ín accordance with GAAP, be
classified, and included in the balance sheet of the Corporation of the
Municipality of Bayham, as current liabilities of the Corporation of the
Municipality of Bayham relating to the portion of the System as set forth in
Schedule "8" as at such time;
(d) "Effective Date" means theprl
referred to in the last paragraph of Section 3.1
(e) "Excluded Assets" means all those assets and
in Schedule "C";
(f) "Excluded Liabilities" means those liabilities
Transferors described in Schedule "C";
(g) "Transferred Assets" has the meaning attributed
3.1 provided always that the term "Transferred
exclude the Excluded Assets;
1.2 Schedules. The following Schedules are attached to and form part of this
agreement:
Schedule uA' - Transfer Order for the Port Burwell Area Secondary Water
Supply System
Schedule "8" - Transferred Assets
Schedule "Cu - Excluded Assets and Liabilities
, and provided that the deliveries
have been made;
property listed or described
and obligations of the
to such term in Section
Assets" shall expressly
Staff Report E2011-03 regarding "Water System Transfer
Agreement - Secondary System and Bayham".
Page 278 of 313
2. Purpose and Principles
2.1 Primary Purpose and Principles. The primary purpose of this agreement is to
transfer the ownership of and the responsibility for, and the governance, operation
and management of the portion of the Port Burwell Area Secondary Water Supply
System as detailed in Schedule "8" hereto (the "Transferred Assets"), from the
Transferors to the Transferees as of the Effective Date, with no disruption to the
operation thereof in relation to or arising out of the said transfer.
2.2 Good Faith. Both parties agree to (and shall cause those under their direction
and control to) take all necessary steps and proceedings to give full effect to the
aforesaid purpose and to act in good faith in carrying out their respective
responsibilities hereunder so as to achieve the aforesaid purpose. The parties agree
to co-operate fully with each other to further the purpose of this agreement and all
applicable government laws and regulations.
3. Transfer by the Transferors to the Transferee
3.1 Transfer by the Transferors
(1) Subject to the terms hereof and any applicable government laws and
regulations, effective on the Effective Date, the Transferors hereby:
(a) transfer and convey to the Transferee all of the Transferors' right, title and
interest in and to all of the assets and property of every kind and
description used in connection with or relating to the Transferred Assets,
including, without limitation, the following:(i) all pipelines, equipment and machinery, appurtenances and
accessories thereto (including all computer hardware and software);
and
(ii) the full benefit of all contracts and other arrangements for goods
and/or services;
all such assets and property being herein collectively called the "Transferred Assets",
provided that it is expressly agreed and acknowledged that the Transferred Assets shall
exclude the Excluded Assets.
The parties hereby acknowledge and agree that there are no reserves whatsoever
associated with the Transferred Assets and, as such, no reserves will be transferred to
the Transferee.
3.2 Assumption of Responsibilities by the Transferee
(1) Subject to the terms hereof, and as of the Effective Date, the Transferee shall
become the sole owner of the Transferred Assets and shall, from and after the
Staff Report E2011-03 regarding "Water System Transfer
Agreement - Secondary System and Bayham".
Page 279 of 313
Effective Date, assume sole responsibility for the operation, maintenance,
management and replacement of the Transferred Assets and hereby agrees to
operate, maintain, replace and otherwise administer the Transferred Assets in
accordance with all applicable legislation and regulations, including, but not limited
to those prescribed in and under the Safe Drínkíng WaterAct, 2002 (Ontario).
(2) For greater certainty, the Transferee shall, from and after the Effectíve Date,
have all of the Transferors' rights, obligations and responsibilities (whether direct or
indirect, absolute or contingent) in respect of the ownership, operation, maintenance,
management and replacement of the Transferred Assets and including, without
limitation, responsibility for the payment of all debts, liabilities and obligations
(whether direct or indirect, absolute or contingent) heretofore or hereafter arising
from the operation, use, maintenance and enhancement of the Transferred Assets,
and the Transferee expressly assumes all such debts, liabilities and obligations,
whether direct or indirect, absolute or contingent and agrees to pay and/or observe
all such debts, liabilities and obligations.
(4) Notwithstanding anything to the contrary herein contained, the Transferee
shall have no responsibility or liability in respect of any of the Excluded Liabilities.
4. Representations of the Parties
4. 1 Transferors Representations
(1) The Transferors are all validly subsisting municipal corporations and the
System is a secondary water supply system transferred to the Transferors by Order
made under the Water and Sewage Transfer Act, 1997.
(2) This agreement and all agreements, instruments and other documents
executed and delivered by the Transferors pursuant to this agreement have been
duly authorized, executed and delivered by the Transferors and constitute a legal,
valid and binding obligations of the Transferors, enforceable against the Transferors
by the Transferee in accordance with the respective terms thereof.
4.2 Transferees Representations
(1) The Transferee is a validly subsisting municipal corporation duly underthe
laws of the Province of Ontario.
(2) This agreement and all agreements, instruments and other documents
executed and delivered by the Transferee pursuant to this agreement have been
duly authorized, executed and delivered by the Transferee and constitute a legal,
Staff Report E2011-03 regarding "Water System Transfer
Agreement - Secondary System and Bayham".
Page 280 of 313
valid and binding obligations of the Transferee, enforceable against the Transferee
by the Transferors in accordance with the respective terms thereof.
4.3 Survival of Representations and Covenants. The representations and
covenants of the partíes contained in this agreement shall survive the execution and
delivery of this agreement and, notwithstanding such execution and delivery and
notwithstanding any investigation or enquiries made by or on behalf of the other
party, shall continue in full force and effect for the benefit of the other party forever.
5. Indemnities
5.1 lndemnification by the Transferors. The Transferors covenant and agrees
to indemnify and save harmless the Transferee from and against any and all Losses
which may be sutfered or incurred by the Transferee as a result or by reason of:
(a) subject to Section 4.3, any breach by the Transferors, or any inaccuracy or
untruth, of any representation or warranty of the Transferors contained in
this agreement;
(b) any breach or non-performance by the Transferors of any of its covenants
contained in this agreement or in any agreement, instrument or other
document delivered by the Transferors in connection with this agreement
(save for any .breach or nonperformance of any such covenant which has
been waived by the Transferee in writing); and
(c) the Excluded Liabilities.
5.2 lndemnification by the Transferee. The Transferee covenants and agrees
to indemnify and save harmless the Transferors from and against any and all Losses
which may be suffered or incurred by the Transferors as a result or by reason of:
(a) subject to Section 4.3, any breach by the Transferee, or any inaccuracy or
untruth, of any representation or warranty of the Transferee contained in
this agreement;
(b) any claims which may be made against the Transferee with respect to the
Contracts or any other debts, liabilities or obligations assumed by the
Transferee hereunder; and
(c) any breach or non-performance by the Transferee of any of its covenants
contained in this agreement or in any agreement, instrument or other
document delivered by the Transferee in connection with this agreement
(save for any breach or nonperformance of any such covenant which has
been waived by the Transferors in writing).
5.3 lndemnification Procedure
(1) The Transferee shall give written notice to the Transferors (the "Transferee
Notice") as soon as reasonably possible of any claims asèerted by third parties for
which the Transferors may be liable pursuant to this Article. The Transferee Notice
shall provide reasonable particulars of all such claims. Within twenty days of delivery
Staff Report E2011-03 regarding "Water System Transfer
Agreement - Secondary System and Bayham".
Page 281 of 313
of the Transferee Notice, the Transferors shall deliver written notice to the
Transferee (the "Transferors Notice") electing to:
(a) at its sole expense, participate in any negotiations with respect to such
claims, provided that the Transferee shall continue to have carriage of the
proceedings with respect to such claims; or
(b) at its sole expense, take over carriage of the proceedings with respect to
such claims, provided that the Transferee shall be entitled to participate in
any negotiations with respect thereto.
(2) Failure by the Transferee to give the Transferee Notice shall not relieve the
Transferors from any liability it shall otherwise have in respect of such claims, except
to the extent the Transferors are actually prejudiced by such failure to provide notice.
The Transferee will fully co-operate with the Transferors and its solicitors in any
proceedings with respect to any such claims and the Transferors shall fully co-
operate with the Transferee and its solicitors in any proceedings with respect to such
clairns. In the event that the Transferee has carriage of the claims and shall be
unable to obtain timely advice from the Transferors with respect to any matter
relating to such claims, the Transferee shall be entitled to deal with same in such
manner as it, in the reasonable exercise of its judgment, deems appropriate. ln the
event that the Transferors have carriage of the claims and the Transferors shall be
unable to obtain timely advice from the Transferee with respect to any matter relating
to such claims, the Transferors shall be entitled to deal with same in such manner as
it, in the reasonable exercise of its judgment, deems appropriate. The party having
carriage of any of the said claims shall act in good faith and with due diligence and
dispatch to defend, prosecute, negotiate or resolve such claim.
5.4 Remedy. lt is understood and agreed that the sole recourse or remedy of a
party hereto in the event of a breach or incorrectness of any of the representations
or warranties contained Article 4 hereof shall be to exercise its rights and recourses
pursuant to the foregoing provisions of this Article 5.
6. Arbitration
6.1 General. The provisions of this Article shall apply in the event of a dispute
arising out of this agreement. The proceedings herein contemplated shall be
commenced by the party (herein called the "lnitiating Party") desiring resolution or
arbitration in the manner herein provided giving a notice in writing to the other party
(the "Recipient") pursuant to Section 10.1 or 10.2.
6.2 Expert. The lnitiating Party may give a notice in writing to the Recipient,
requiring a meeting of the parties. Within fifteen days of the delivery of the said
notice, the parties shall meet to consider whether they wish to have the dispute in
question resolved by a person generally recognized in the field as having familiarity
with and expertise in the matter which is the subject of the dispute (the "Expert") and
if so, to agree in writing upon the person to be the Expert for such purpose, the
Staff Report E2011-03 regarding "Water System Transfer
Agreement - Secondary System and Bayham".
Page 282 of 313
terms of reference to the Expert and the procedure relating to such reference,
whereupon, the matter in dispute shall be resolved by the Expert agreed upon by the
parties and, unless otherwise agreed by the parties, the decision of such Expert shall
be final and binding on the parties hereto and no appeal shall lie therefrom and the
expenses and costs of the arbitration shall be at the discretion of such Expert. lf the
parties shall not agree that an Expert shall resolve the matter in dispute or if they fail
to agree on a person to be the Expert or the terms of reference or procedure, as
aforesaid, or if the process set out in this Section cannot be completed in
accordance with the agreed terms of reference because of the failure of the Expert to
perform in accordance with the same or if the parties do not agree to amend such
terms of reference as necessary, the parties shall proceed to arbitration in
accordance with the following provisions of this Article.
6.3 Appointment of Arbitrator
(1) The lnitiating Party shall give a notice in writing to the "Recipient", which
notice shall state the name of an arbitrator (the "First Arbitrator") nominated by the
lnitiating Party. Within seven days after receipt of such notice, the Recipient shall
give Notice to the Initiating Party of the name of an arbitrator nominated by the
Recipient (the "Second Arbitrator"). After the Second Arbitrator has been so
appointed, the two arbitrators shall appoint a third arbitrator (the "Third Arbitrator")
as soon as possible, and ín any event within fourteen days after the Second
Arbitrator has been so appointed, and the Third Arbitrator shall pass upon the
particular matter in dispute.
e) ft the Second Arbitrator is not so appointed, the First Arbitrator shall act as
sole arbitrator.
(3) ¡f the First Arbitrator and the Second Arbitrator do not so appoint the Third
Arbitrator, either the lnitiating Party or the Recipient may apply to a Judge of the
Ontario Court (General Division) to appoint an arbitrator (the "Court-Appointed
Arbitrator") pursuant to the Arbitration Act, 1991 (Ontario) and the provisions of the
Arbitration Act, 1991 (Ontario) shall apply to any such court application pursuant to
this Section.
(4) For the purposes of the following provisions of this Article, the "Deciding
Arbitrator" means:
(a) the Third Arbitrator appointed pursuant to Section 6.3(1), if so appointed;
(b) the First Arbitrator, if Section 6.3(2) is applicable; or
(c) the Court-Appointed Arbitrator appointed pursuant to Section 6.3(3)
The Deciding Arbitrator shall act as sole arbitrator hereunder and shall pass
upon the matter in dispute pursuant to this Section.
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6.4 Qualification. Each arbitrator nominated or appointed pursuant to Section
6.3 shall be qualified by education and training to pass upon the particular question
in dispute and shall be impartial.
6.5 Place of Hearing. The arbitration shall proceed in the Township of Malahide,
in the Province of Ontario.
6.6 Procedure. The arbitration procedure shall be agreed to by the parties and
set out in an arbitration agreement or, failing such agreement, determined by the
Deciding Arbitrator. The arbitration shall proceed in accordance with the provisions
of Arbitration Act, l99l (Ontario) in accordance with the following provisions:
(a) the Deciding Arbitrator shall proceed immediately to hear and determine
the question or questions in dispute and each party shall have the right to
make representations to the Deciding Arbitrator concerning the subject-
matter of the arbitration;
(b) the Deciding Arbitrator shall have the power to proceed with the arbitration
and to deliver his or her award notwithstanding the default by any party in
respect of any procedural order made by the Deciding Arbitrator; and
(c) both the expenses and the costs of the arbitration shall be in the discretion
of the Deciding Arbitrator.
6.7 Decision and Reasons
(1) The decision and reasons therefore of the Deciding Arbitrator shall be made
within thirty days after the appointment of the Deciding Arbitrator, subject to any
reasonable delay due to unforeseen circumstances.
(2) The decision and reasons therefore of the Deciding Arbitrator shall be in
writing and signed by him or her and shall be delivered to each of the parties hereto
and shall be final and binding upon the parties hereto as to any question or
questions so submitted to arbitration and the parties shall be bound by such decision
and perform the terms and conditions thereof, and no appeal shall lie from such
decision.
(3) No reporter will be necessary at the arbitration.
(4) Judgment upon the award rendered by the arbitrator may be rendered in any
court having jurisd iction.
6.8 Prerequisite to Gourt Action. Commencement and completion of the
arbitration proceedings contemplated by this Article shall be a condition precedent to
the commencement of an action at law or in equity in respect of the matter required
to be arbitrated.
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7. Records
7.1 Personnel and Other Records. The parties hereto acknowledge and agree
that the Transferee already has possession of all records relating to the operation
and maintenance of the portion of the System set forth in Schedule B/the
Transferred Assets.
8. General and Other Provisions
8.1 lnterpretation. The division of this agreement into Articles, Sections and
Sections and the insertion of headings are for convenience of reference only and
shall not affect the interpretation of this agreement. Unless otherwise indicated, any
reference in this agreement to any Article, Section, Subsection or Schedule refers to
the specified Article, Section, Subsection or Schedule to this agreement. The parties
hereto acknowledge that their respective legal counsel have reviewed and
participated in settling the terms of this agreement, and that any rule of construction
to the effect that any ambiguity is to be resolved against the drafting party shall not
be applicable in the interpretation of this agreement.
8.2 Gender and Number. ln this agreement, words importing the singular
number only shall include the plural and vice versa, words importing gender shall
include all genders and words importing persons shall include individuals,
corporations, partnerships, joint ventures, associations, trusts, unincorporated and
all other forms of business organizations, governments, regulatory and governmental
agencies, commissions, departments and instrumentalities.
8.3 Schedules. All Schedules annexed hereto shall form an integral part of this
agreement and are incorporated herein by reference.
8.4 Notices. All notices or other communications by the terms hereof required or
permitted to be given by one party to another shall be given in writing by personal or
courier delivery or by facsimile transmission addressed to such other party and
delivered or transmitted to such other party as follows:
(a)to the Transferors, at:
Attention:
Fax:
(b) to the Transferee, at:
c/o The Corporation of the Township of Malahide
9344 Plank Road, Box 160
Stratfordville ON NOJ 1Y0
Michelle Casavecchia, CAO/Clerk
519-773-5334
The Corporation of the Municipality of Bayham
9344 Plank Road, Box 160
Straffordville ON NOJ 1Y0
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Attention:
Fax:
Kyle Kruger, Administrator
519-866-3884
or at such other address as may be given by any of them to the others in writing from
time to time and such notices or other communications shall be deemed to have
been received when delivered, or, if sent by facsimile transmission, on the next day
(other than a Saturday, Sunday or Ontario statutory holiday) following the date of
successful transmission.
8.9 Further Assurances. Each party hereto covenants and agrees to sign such
other and further documents, agreements, instruments and provide such assurances
and things as may be reasonably requested by the other party, and to cause such
meetings to be held, resolutions passed and by-laws enacted, exercise their vote
and inftuence, do and perform and cause to be done and performed such further and
other acts and things as may be necessary or desirable in order to accomplish or
better effect the terms of this agreement.
8.10 Severability. lf any provision of this agreement shall be held to be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining
provisions of this agreement shall not in any way be affected or impaired thereby and
such invalid, illegal or unenforceable provision shall be severable from the remainder
of this agreement.
8.11 Survival. All indemnity obligations hereunder shall survive the termination
of this agreement.
8.12 Governing Law. This agreement shall be governed by and construed in
accordance with the laws of the Province of Ontario.
8.13 Time of Essence. Time shall be of the essence of this agreement and of
every part hereof and no extension or variation of this agreement shall operate as a
waiver of this provision.
8.14 Entire Agreement. This agreement shall constitute the entire agreement
between the parties hereto with respect to all of the matters herein. This agreement
may not be modified, altered or amended, nor may any provisions hereof or rights
hereunder be waived except by instrument in writing signed by the party against
which the enforcement of such modification, alteration, amendment or waiver is
sought.
8.15 No Limit on Board. Nothing in thís agreement is intended to limit the Board
in any way in fulfilling its statutory obligations and meeting all Governmental
Requirements.
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8.16 Governmental Requirements. This entire agreement is subject to any
Governmental Requirements which the Transferee and the Transferor are obliged to
meet.
8.17 Enurement. This agreement shall enure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
EXECUTED as of the date noted above.
The Corporation Of The Municipality Of Bayham,
The Corporation Of The Township Of Malahide,
The Corporation Of The Municipality Of Central
Elgin, As Represented By The Port BurwellArea
Secondary Water Supply System Joint Board Of
Management
Per:
Dave Mennill, Mayor
Per:
Michelle Casavecchia, CAO/Clerk
We have authori$ to bind the Transferors.
The Corporation of the Municipality of Bayham
Per:
Per:
Kyle Kruger, Administrator
We have authority to bind the Transferee.
Paul Ens, Mayor
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Agreement - Secondary System and Bayham".
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Schedule '3A" - Transfer Order for the Port Burwell Area Secondary
Water Supply
System
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Agreement - Secondary System and Bayham".
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tllaníoipal Watcr and Sa'nage TransførAct' 1997
Secfion 2
TtansferOrdsrfor the
PORT EURWELL Añ,EA SECON'DARYWATER SUFPLY SYSTEFJI
Tnansfer Orde¡ Port Burwell Areia Vr/1f1 998
Tu; Tire Corporation of the hlmicipaliç vf Eayham .
Adrninislratuf - Treosurer, Atlention: $uz¿nna l'4antel
And Io: Tne Corporatiôl't ol thÊ l¿llrllcipality of Çenlrat ElËin
/\drninis lf a tof/Gle rk, Attenliofl ; f\en G, $ h*ttt
The Corporation of the i o*'nsnip of L{alahide
AdrninisÛator/tlerk, Attenlion: Randalt R' Millärd
(tre'lr{un iciraliti=s')
Whereasths Or,t¿rio Clesn Waterfigency ßhe T\uencf) is the owner of the Port
Burweli Area Seconclary Water Srrpply Sy.stern (ihe 'Systern') dcscribed in Sche'Jule B;
Whereas the Agency is rosp+nsibfe foÍ the operation of tl"c Syttcrn;
Whcreâs Ttæ fgl¡n¡E¡-y of ttc EnvÍrcnrnent {lhê "Mlnlst'y'Xthe successor [u tlre Mittísb¡
cf Enviunrnent anC Energyl gnve notice oi tlre propæal to issue th¡s I rÊnsfer Order lo
the ldu.ricipalities on the l3Ê day of N'¡vcmbcr' lfl98;
W'lsrsag no submissiors ì,tere ec+ive¿J;
Pursuenttosubsection2(1JOf th+ MvtticipalVtatera¡d Sevvuge TmilSlarAct,l!!17
i¡4t/yÁSfA). the worl$, prcpert¡es and ass€ls açAu¡fed Þy ttre Êruvitlue luf tltê pufposc
äf tlrc SystËm, includirrg årry otherassçts, liabitities, Íghts and.obhgaliorts qltte^.^. t
Aqency, (exr:epl âs pro;,¡¡¿eit Eelo,.z or in orders undçr sec;tion l0_or.sut:s.ectþp*fie,i of
,T$ail"ro#r:lm:nsferred joinrty to the Munici¡xtftie+. efrecrive rhs.-{ tt16y r'¡
Ti¡is Tl.an*fer Order does not lransfer ãny chaÌtels used by the Agency in connccticn
vJnh fre operation of the System- Thn title to such chsliels retnairls guveltttxJ L¡y llte
êßreÊn¡ent underv¿hich thc liystnrn i's operateC lrom timett'r firne'
Purçuart to s.,beeËtion 2(5) of MV¿ÅSTA. certain liabilities aie ¡tot fans[erreC, but all
otfier liabilities ancl obligaiinns of the A$ency ur it+ preel+r:+ssnr* with res¡:erl tr fhe
Systcm (other than the Àgency's uontinued obligulíon lo opera[e thetn under sadioÍ 7
of IçIWASTA) are transÉered joíntly to the lvl-rnicipalities.
Fage 1 af l1
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Schedule "8" - Transferred Assets
Description of the works compromising the transfer of assets:
The description of assets below is meant to identify all known Port Burwell Area
Secondary Water Supply System assets east of 5 meters east of the E038
concrete meter and 5 meters north of V001 valve chamber as transferred by
Transfer Order Port Bunrell Area W1/1998
Section I - being the transmission main and all related appurtenances directly
connected to the transmission main which runs from Nova Scotia Line to
Ghatham Street in the Municipality of Bayham. Specifically, the section of 10"
(250 millimeter) diameter transmission main commencing 5 meters easterly of
the E03l/V001 concrete meter and valve chamber extending approximately 0.9
kilometers to Ghatham Street, Port Burwell
Section 2 - being the transmission main and all related appurtenances directly
connected to the transmission main which runs along Plank Road from Port
Bu¡vell to Vienna in the Municipality of Bayham. Specifically, the section of
10" (250 millimeter) diameter transmission main commencing at Victoria
Street, Port Burwell and extending approximately 3.4 kilometers to North
Street, Vienna
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Schedule "C" - Excluded Assets and Liabilities
N/A
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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2011-049
A BY-LAW TO AUTHORIZE THE RENEWAL OF AN AGREEMENT BET\ilEEN THE
MUNICIPALITY OF BAYHAM
AI\D
NORFOLK DISPOSAL SERVICES LIMITED
FOR THE PROVISION OF \ilEEKLY COLLECTION AND DISPOSAL
OF RECYCLABLES, \ryEEKLY COLLECTION AND DISPOSAL OF
RESIDENTIAL & COMMERCIAL WASTE AND BULK COLLECTION
BINS IN THE MUNICIPALITY OF BAYHAM
WHEREAS the Council of the Corporation of the Municipality of Bayham did pass By-law 2001-51
and By-law 2001-52 on May 17, 200I authorizing the Mayor and Clerk to execute agreements for
the weekly collection and disposal of residential & commercial waste and bulk collection bins with
Norfolk Disposal Services Limited and the weekly collection and disposal of recyclables with McQ
Handling Inc., respectively, in the Municipality of Bayham;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham did by resolutions
of Council dated January 17, 2002 and January 9, 2003 approve assignment of the McQ Handling
Inc. contract for recycling to BFI Catadaand subsequently to Norfolk Disposal Services Inc. for the
remainder of the term to expire i|i4ay 22,2006;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham passed By-laws
No. 2006-025,2007-I13, and 2009-049 to extend such contracts, as amended, for further periods to
end June l,20ll;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
fuither extending such contracts with Norfolk Disposal Services Limited for a further period to
expire April 30, 2012.
NO\il THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
l. THAT the Agreements between and the Municipality of Bayham and Norfolk Disposal Services
Limited, as assigned and amended, be extended for a further term to end April 30, 2012.
2. THAT all other terms and conditions of the assigned agreements, as amended, be and remain
in effect;
3. THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16TH DAY
OF JUNE 2012.
MAYOR CLERK
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THE CORPORATION OF THE
MTJI\üCIPALITY OF BAYHAM
BY-LA\il NO.2011-051
A Bylaw to repeal By-Law No. 378 of the former Village of Port Burwell, being
a Bylaw to Prohibit the Discharge of Firearms
\ryHEREAS the former Village of Port Burwell passed By-lawNo. 378 April 12th, 1982,to
prohibit the discharge of firearms within the Village;
AflD WHEREAS the Council of the Municipality of Bayham deems is necessary and expedientto
repeal the said By-law.
THEREFORE THE COT]NCIL OF THE CORPORATION OF THE MT]NICIPALITY OF
BAYHAM ENACTS AS FOLLOWS.
l. That By-law 378, being a By-law to prohibit the discharge of firearms passed by the former
Village of Port Burwell Apnl 12,1982be and the same is hereby repealed.
2. This By-Law shall come into force and effect upon fìnal passing.
READ A FIRST, SECOND AND THIRD TIME AI{D FINALLY PASSED THIS 16th DAY
OF JTINE 2OII.
MAYOR CLERK
By-Law 2011-051 A By-law to repeal By-Law No. 378 of the
former Village of Port Burwell, being a By-law to Prohibit the
Page 295 of 313
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CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2011-053
A BY.LAW TO AUTHORIZE THE EXECUTION
OF AN AGREEMENT BET\ilEEN
THE CORPORATION OF THE MTTNICIPALITY OF BAYHAM
AND
THE CORPORATION OF THE MT'NICIPALITY OF BAYHAM, THE
CORPORATTON OF THE TO\illlSHIP OF MALAHTDE, THE
CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN, AS
represented by the PORT BURWELL AREA SECONDARY \ilATER
SUPPLY SYSTEM JOINT BOARD OF MANAGEMENT
WHEREAS by Transfer Order made pursuant to the Municipal Water and Sewage Transfer Act,
1997,the Ontario Clean Water Agency transferred the Port Burwell Secondary'Water Supply
System to the Port Burwell Secondary Water Supply System Joint Board of Management.
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with the Port Burwell Secondary Water Supply System Joint Board to
transfer certain assets.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY 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 the Port Burwell Secondary Water Supply System Joint
Board of Management.
2. THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16TH
DAY OF JUNE,20lt.
MAYOR CLERK
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agreement (Port Burwell Area Secondary Water Supply
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This Agreement made this day of ,2010,
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, THE CORPORATION
OF THE TOWNSHIP OF MALAHIDE, THE CORPORATION OF THE MUNICIPALIW
OF CENTRAL ELGIN, as represented by the PORT BURWELL AREA SECONDARY
WATER SUPPLY SYSTEM JOINT BOARD OF MANAGEMENT
(the "Transferors")
-and-
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(the "Transferee")
WHEREAS by Transfer Order made pursuant to the MunicipalWater and Sewage
Transfer Act, 1997, and dated November 29th, 2000, a copy of which is attached hereto
as Schedule "A", the Ontario Clean Water Agency transferred the Port Burwell Area
Secondary Water Supply System (the "System") to the Transferors;
AND WHEREAS the Transferors are the owners of and are responsible, through the
Joint Board of Management, for the operation of the System;
AND WHEREAS the Transferees have and continue to administer, under the direction
of the Transferors and the Joint Board of Management, a portion of the System which is
more particularly described in Schedule "B" attached hereto;
AND WHEREAS the Transferors have determined that it is in the best interests of the
System as a whole and of the System users to transfer to the Transferee all right, title,
ownership and responsibility to the portion of the System as set forth in Schedule "B"
and the Transferee wishes to accept from the Transferors all right, title, ownership and
responsibility to the portion of the System as set forth in Schedule "8";
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NOW THEREFORE in consideration of the sum of $1.00 now paid by each of the
parties to the other and in consideration of the mutual covenants hereinafter set forth
and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. Defined Terms and Schedules
1.1 Defined Terms. For the purposes of this agreement, unless the context
otherwise requires, in addition to any other terms defined herein, the following terms
shall have the respective meanings set out below (and any grammatical variations
thereof shall have the corresponding meanings):
(a) "Board" means the Joint Board of Management of the Port Burwell Area
Secondary Water Supply System;
(b) "Current Assets" means those assets of the portion of the System as set
forth in Schedule "8" as at the close of business on the day immediately
prior to the Effective Date which would, in accordance with GAAP, be
classified, and included in the balance sheet of the Corporation of the
Municipality of Bayham as current assets of the Corporation of the
Municipality of Bayham relating to the portion of the System as set forth in
Schedule "B" as at such time;
(c) "Current Liabilities" means those liabilities of the portion of the System as
set forth in Schedule "8" as at the close of business on the day immediately
prior to the Effective Date which would, in accordance with GAAP, be
classified, and included in the balance sheet of the Corporation of the
Municipality of Bayham, as current liabilities of the Corporation of the
Municipality of Bayham relating to the portion of the System as set forth in
Schedule "B" as at such time;
(d) "Effective Date" means therurt , and provided that the deliveries
referred to in the last paragraph of Section 3.1 have been made;
(e) "Excluded Assets" means all those assets and property listed or described
in Schedule "C"'
(f) "Excluded Liabilities" means those liabilities and obligations of the
Transferors described in Schedule "C";
(g) "Transferred Assets" has the meaning attributed to such term in Section
3.1 provided always that the term "Transferred Assets" shall expressly
exclude the Excluded Assets;
1.2 Schedules. The following Schedules are attached to and form part of this
agreement:
Schedule "4" - Transfer Order for the Port Burwell Area Secondary Water
Supply System
Schedule uB" - Transferred Assets
Schedule "C'- Excluded Assets and Liabilities
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2. Purpose and Principles
2.1 Pnmary Purpose and Principles. The primary purpose of this agreement is to
transfer the ownership of and the responsibility for, and the governance, operation
and management of the portion of the Port Burwell Area Secondary Water Supply
System as detailed in Schedule "8" hereto (the "Transferred Assets"), from the
Transferors to the Transferees as of the Effective Date, with no disruption to the
operation thereof in relation to or arising out of the said transfer.
2.2 Good Faith. Both parties agree to (and shall cause those under their direction
and control to) take all necessary steps and proceedings to give full effect to the
aforesaid purpose and to act in good faith in carrying out their respective
responsibilities hereunder so as to achieve the aforesaid purpose. The parties agree
to co-operate fully with each other to further the purpose of this agreement and all
applicable government laws and regulations.
3. Transfer by the Transferors to the Transferee
3.1 Transfer by the Transferors
(1) Subject to the terms hereof and any applicable government laws and
regulations, effective on the Effective Date, the Transferors hereby:
(a) transfer and convey to the Transferee all of the Transferors' right, title and
interest in and to all of the assets and property of every kind and
description used in connection with or relating to the Transferred Assets,
including, without limitation, the following:(i) all pipelines, equipment and machinery, appurtenances and
accessories thereto (including all computer hardware and software);
and
(ii) the full benefit of all contracts and other arrangements for goods
and/or services;
all such assets and property being herein collectively called the "Transferred Assets",
provided that it is expressly agreed and acknowledged that the Transferred Assets shall
exclude the Excluded Assets.
The parties hereby acknowledge and agree that there are no reserves whatsoever
associated with the Transferred Assets and, as such, no reserves will be transferred to
the Transferee.
3.2 Assumption of Responsibilities by the Transferee
(1) Subject to the terms hereof, and as of the Effective Date, the Transferee shall
become the sole owner of the Transferred Assets and shall, from and after the
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Effective Date, assume sole responsibility for the operation, maintenance,
management and replacement of the Transferred Assets and hereby agrees to
operate, maintain, replace and otherwise administer the Transferred Assets in
accordance with all applicable legislation and regulations, including, but not limited
to those prescribed in and under the Safe Drinking Water Act, 2002 (Ontario).
(2) For greater certainty, the Transferee shall, from and after the Effective Date,
have all of the Transferors' rights, obligations and responsibilities (whether direct or
indirect, absolute or contingent) in respect of the ownership, operation, maintenance,
management and replacement of the Transferred Assets and including, without
limitation, responsibility for the payment of all debts, liabilities and obligations
(whether direct or indirect, absolute or contingent) heretofore or hereafter arising
from the operation, use, maintenance and enhancement of the Transferred Assets,
and the Transferee expressly assumes all such debts, liabilities and obligations,
whether direct or indirect, absolute or contingent and agrees to pay and/or observe
all such debts, liabilities and obligations.
(4) Notwithstanding anything to the contrary herein contained, the Transferee
shall have no responsibility or liability in respect of any of the Excluded Liabilities.
4. Representations of the Parties
4. 1 Transferors Representations
(1) The Transferors are all validly subsisting municipal corporations and the
System is a secondary water supply system transferred to the Transferors by Order
made under the Water and Sewage Transfer Act, 1997.
(2) This agreement and all agreements, instruments and other documents
executed and delivered by the Transferors pursuant to this agreement have been
duly authorized, executed and delivered by the Transferors and constitute a legal,
valid and binding obligations of the Transferors, enforceable against the Transferors
by the Transferee in accordance with the respective terms thereof.
4.2 T ransferees Re prese ntati ons
(1) The Transferee is a validly subsisting municipal corporation duly under the
laws of the Province of Ontario.
(2) This agreement and all agreements, instruments and other documents
executed and delivered by the Transferee pursuant to this agreement have been
duly authorized, executed and delivered by the Transferee and constitute a legal,
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valid and binding obligations of the Transferee, enforceable against the Transferee
by the Transferors in accordance with the respective terms thereof.
4.3 Survival of Representations and Govenants. The representations and
covenants of the partíes contained in this agreement shall survive the execution and
delivery of this agreement and, notwithstanding such execution and delivery and
notwithstanding any investigation or enquiries made by or on behalf of the other
party, shall continue in full force and effect for the benefit of the other party forever.
5. lndemnities
5.1 lndemnification by the Transferors. The Transferors covenant and agrees
to indemnify and save harmless the Transferee from and against any and all Losses
which may be suffered or incurred by the Transferee as a result or by reason of:
(a) subject to Section 4.3, any breach by the Transferors, or any inaccuracy or
untruth, of any representation or warranty of the Transferors contained in
this agreement;
(b) any breach or non-performance by the Transferors of any of its covenants
contained in this agreement or in any agreement, instrument or other
document delivered by the Transferors in connection with this agreement
(save for any .breach or nonperformance of any such covenant which has
been waived by the Transferee in writing); and
(c) the Excluded Liabilities.
5.2 lndemnification by the Transferee. The Transferee covenants and agrees
to indemnify and save harmless the Transferors from and against any and all Losses
which may be suffered or incurred by the Transferors as a result or by reason of:
(a) subject to Section 4.3, any breach by the Transferee, or any inaccuracy or
untruth, of any representation or warranty of the Transferee contained in
this agreement;
(b) any claims which may be made against the Transferee with respect to the
Contracts or any other debts, liabilities or obligations assumed by the
Transferee hereunder; and
(c) any breach or non-performance by the Transferee of any of its covenants
contained in this agreement or in any agreement, instrument or other
document delivered by the Transferee in connection with this agreement
(save for any breach or nonperformance of any such covenant which has
been waived by the Transferors in writing).
5.3 lndemnification Procedure
(1) The Transferee shall give written notice to the Transferors (the "Transferee
Notice") as soon as reasonably possible of any claims asserted by third parties for
which the Transferors may be liabfe pursuant to this Article. The Transferee Notice
shall provide reasonable particulars of all such claims. Within twenty days of delivery
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of the Transferee Notice, the Transferors shall deliver written notice to the
Transferee (the "Transferors Notice") electing to:
(a) at its sole expense, participate in any negotiations with respect to such
claims, provided that the Transferee shall continue to have carriage of the
proceedings with respect to such claims; or
(b) at its sole expense, take over carriage of the proceedings with respect to
such claims, provided that the Transferee shall be entitled to participate in
any negotiations with respect thereto.
(2) Failure by the Transferee to give the Transferee Notice shall not relieve the
Transferors from any liability it shall otherwise have in respect of such claims, except
to the extent the Transferors are actually prejudiced by such failure to provide notice.
The Transferee will fully co-operate with the Transferors and its solicitors in any
proceedings with respect to any such claims and the Transferors shall fully co-
operate with the Transferee and its solicitors in any proceedings with respect to such
claims. In the event that the Transferee has carriage of the claims and shall be
unable to obtain timely advice from the Transferors with respect to any matter
relating to such claims, the Transferee shall be entitled to deal with same in such
manner as it, in the reasonable exercise of its judgment, deems appropriate. ln the
event that the Transferors have carriage of the claims and the Transferors shall be
unable to obtain timely advice from the Transferee with respect to any matter relating
to such claims, the Transferors shall be entitled to deal with same in such manner as
it, in the reasonable exercise of its judgment, deems appropriate. The party having
carriage of any of the said claims shall act in good faith and with due diligence and
dispatch to defend, prosecute, negotiate or resolve such claim.
5.4 Remedy. lt is understood and agreed that the sole recourse or remedy of a
party hereto in the event of a breach or incorrectness of any of the representations
or warranties contained Article 4 hereof shall be to exercise its rights and recourses
pursuant to the foregoing provisions of this Article 5.
6. Arbitration
6.1 General. The provisions of this Article shall apply in the event of a dispute
arising out of this agreement. The proceedings herein contemplated shall be
commenced by the party (herein called the "lnitiating Party") desiring resolution or
arbitration in the manner herein provided giving a notice in writing to the other party
(the "Recipient") pursuant to Section 10.1 or 10.2.
6.2 Expert. The lnitiating Party may give a notice in writing to the Recipient,
requiring a meeting of the parties. Within fifteen days of the delivery of the said
notice, the parties shall meet to consider whether they wish to have the dispute in
question resolved by a person generally recognized in the field as having familiarity
with and expertise in the matter which is the subject of the dispute (the "Expert") and
if so, to agree in writing upon the person to be the Expert for such purpose, the
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terms of reference to the Expert and the procedure relating to such reference,
whereupon, the matter in dispute shall be resolved by the Expert agreed upon by the
parties and, unless otherwise agreed by the parties, the decision of such Expert shall
be final and binding on the parties hereto and no appeal shall lie therefrom and the
expenses and costs of the arbitration shall be at the discretion of such Expert. lf the
parties shall not agree that an Expert shall resolve the matter in dispute or if they fail
to agree on a person to be the Expert or the terms of reference or procedure, as
aforesaid, or if the process set out in this Section cannot be completed in
accordance with the agreed terms of reference because of the failure of the Expert to
perform in accordance with the same or if the parties do not agree to amend such
terms of reference as necessary, the parties shall proceed to arbitration in
accordance with the following provisions of this Article.
6.3 Appointment of Arbitrator
(1) The lnitiating Party shall give a notice in writing to the "Recipient", which
notice shall state the name of an arbitrator (the "First Arbitrator") nominated by the
lnitiating Party, Within seven days after receipt of such notice, the Recipient shall
give Notice to the lnitiating Party of the name of an arbitrator nominated by the
Recipient (the "Second Arbitrator"). After the Second Arbitrator has been so
appointed, the two arbitrators shall appoint a third arbitrator (the "Third Arbitrator")
as soon as possible, and in any event within fourteen days after the Second
Arbitrator has been so appointed, and the Third Arbitrator shall pass upon the
particular matter in dispute.
(2) lf the Second Arbitrator is not so appointed, the First Arbitrator shall act as
sole arbitrator.
(3) lf the First Arbitrator and the Second Arbitrator do not so appoint the Third
Arbitrator, either the lnitiating Party or the Recipient may apply to a Judge of the
Ontario Court (General Division) to appoint an arbitrator (the "Court-Appointed
Arbitrator") pursuant to the Arbitration Act, 1991 (Ontario) and the provisions of the
Arbitration Act, 1991 (Ontario) shall apply to any such court application pursuant to
this Section.
(4) For the purposes of the following provisions of this Article, the "Deciding
Arbitrator" means:
(a) the Third Arbitrator appointed pursuant to Section 6.3(1), if so appointed;
(b) the Fírst Arbitrator, if Sectíon 6.3(2) is applicable; or
(c) the Court-Appointed Arbitrator appointed pursuant to Section 6.3(3)
The Deciding Arbitrator shall act as sole arbitrator hereunder and shall pass
upon the matter in dispute pursuant to this Section.
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6.4 Qualification. Each arbitrator nominated or appointed pursuant to Section
6.3 shall be qualified by education and training to pass upon the particular question
in dispute and shall be impartial.
6.5 Place of Hearing. The arbitration shall proceed in the Township of Malahide,
in the Province of Ontario.
6.6 Procedure. The arbitration procedure shall be agreed to by the parties and
set out in an arbitration agreement or, failing such agreement, determined by the
Deciding Arbitrator. The arbitration shall proceed in accordance with the provisions
of Arbitration Act, l99l (Ontario) in accordance with the following provisions:
(a) the Deciding Arbitrator shall proceed immediately to hear and determine
the question or questions in dispute and each party shall have the right to
make representations to the Deciding Arbitrator concerning the subject-
matter of the arbitration;
(b) the Deciding Arbitrator shall have the power to proceed with the arbitration
and to deliver his or her award notwithstanding the default by any party in
respect of any procedural order made by the Deciding Arbitrator; and
(c) both the expenses and the costs of the arbitration shall be in the discretion
of the Deciding Arbitrator.
6.7 Decision and Reasons
(1) The decision and reasons therefore of the Deciding Arbitratorshall be made
within thirty days after the appointment of the Deciding Arbitrator, subject to any
reasonable delay due to unforeseen circumstances.
(2) The decision and reasons therefore of the Deciding Arbitrator shall be in
writing and signed by him or her and shall be delivered to each of the parties hereto
and shall be final and binding upon the parties hereto as to any question or
questions so submitted to arbitration and the parties shall be bound by such decision
and perform the terms and conditions thereof, and no appeal shall lie from such
decision.
(3) No reporter will be necessary at the arbitration.
(4) Judgment upon the award rendered by the arbitrator may be rendered in any
court having jurisdiction.
6.8 Prerequisite to Court Action. Commencement and completion of the
arbitration proceedings contemplated by this Article shall be a condition precedent to
the commencement of an action at law or in equity in respect of the matter required
to be arbitrated.
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7. Records
7.1 Personnel and Other Records. The parties hereto acknowledge and agree
that the Transferee already has possession of all records relating to the operation
and maintenance of the portion of the System set forth in Schedule B/the
Transferred Assets.
8. General and Other Provisions
8.1 lnterpretation. The division of this agreement into Articles, Sections and
Sections and the insertion of headings are for convenience of reference only and
shall not affect the interpretation of this agreement. Unless othenruise indicated, any
reference in this agreement to any Article, Section, Subsection or Schedule refers to
the specified Article, Section, Subsection or Schedule to this agreement. The parties
hereto acknowledge that their respective legal counsel have reviewed and
participated in settling the terms of this agreement, and that any rule of construction
to the effect that any ambiguity is to be resolved against the drafting party shall not
be applicable in the interpretation of this agreement.
8.2 Gender and Number. ln this agreement, words importing the singular
number only shall include the plural and vice versa, words importing gender shall
include all genders and words importing persons shall include individuals,
corporations, partnerships, joint ventures, associations, trusts, unincorporated and
all other forms of business organizations, governments, regulatory and governmental
agencies, commissions, departments and instrumentalities.
8.3 Schedules. All Schedules annexed hereto shall form an integral part of this
agreement and are incorporated herein by reference.
8.4 Notices. All notices or other communications by the terms hereof required or
permitted to be given by one party to another shall be given in writing by personal or
courier delivery or by facsimile transmission addressed to such other party and
delivered or transmitted to such other party as follows:
(a)to the Transferors, at:
Attention:
Fax:
(b) to the Transferee, at:
c/o The Corporation of the Township of Malahide
9344 Plank Road, Box 160
Straffordville ON NOJ 1Y0
Michelle Casavecchia, CAO/Clerk
519-773-5334
The Corporation of the Municipality of Bayham
9344 Plank Road, Box 160
Straffordville ON NOJ 1Y0
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Attention:
Fax:
Kyle Kruger, Administrator
519-866-3884
or at such other address as may be given by any of them to the others in writing from
time to time and such notices or other communications shall be deemed to have
been received when delivered, or, if sent by facsimile transmission, on the next day
(other than a Saturday, Sunday or Ontario statutory holiday) following the date of
successful transmission.
8.9 Further Assurances. Each party hereto covenants and agrees to sign such
other and further documents, agreements, instruments and provide such assurances
and things as may be reasonably requested by the other party, and to cause such
meetings to be held, resolutions passed and by-laws enacted, exercise their vote
and influence, do and perform and cause to be done and performed such further and
other acts and things as may be necessary or desirable in order to accomplish or
better effect the terms of this agreement.
8.10 Severability. lf any provision of this agreement shall be held to be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining
provisions of this agreement shall not in any way be affected or impaired thereby and
such invalid, illegal or unenforceable provision shall be severable from the remainder
of this agreement.
8.11 Survival. All indemnity obligations hereunder shall survive the termination
of this agreement.
8.12 Governing Law. This agreement shall be governed by and construed in
accordance with the laws of the Province of Ontario.
8.13 Time of Essence. Time shall be of the essence of this agreement and of
every part hereof and no extension or variation of this agreement shall operate as a
waiver of this provision.
8.14 Entire Agreement. This agreement shall constitute the entire agreement
between the parties hereto with respect to all of the matters herein. This agreement
may not be modified, altered or amended, nor may any provisions hereof or rights
hereunder be waived except by instrument in writing signed by the pafty against
which the enforcement of such modification, alteration, amendment or waiver is
sought.
8.15 No Limit on Board. Nothing in this agreement is intended to limit the Board
in any way in fulfilling its statutory obligations and meeting all Governmental
Requirements.
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8.16 Governmental Requirements. This entire agreement is subject to any
Governmental Requirements which the Transferee and the Transferor are obliged to
meet.
8.17 Enurement. This agreement shall enure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
EXECUTED as of the date noted above.
The Corporation Of The Municipality Of Bayham,
The Corporation Of The Township Of Malahide,
The Corporation Of The Municipality Of Central
Elgin, As Represented By The Port BurwellArea
Secondary Water Supply System Joint Board Of
Management
Per:
Dave Mennill, Mayor
Per:
Michelle Casavecchia, CAO/Clerk
We have authority to bind the Transferors.
The Corporation of the Municipality of Bayham
Per:
Paul Ens, Mayor
Per:
Kyle Kruger, Administrator
We have authority to bind the Transferee.
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Schedule ¡'A" - Transfer Order for the Port Burwell Area Secondary
Water Supply
System
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ñlaníoìpal Wcter and Servage Trañsfer Ac[ l99T
Secüon 2
Tlansfer OrdPr for the
PORT BURWELL åREA SECOHDARYWATER SUFPLY SYSTEIII
Transfer Order Port Burwell Anna V'/1/1998
Tu: The Corporation of the hlmicipaliç c'f Eayharn
Adrninislralçr - T¡ ¡rlsurer, Atlention: Suzan na l'4antel
And lr.¡: The Corporat¡ôtl of the ùlmlcipali(y af CerrLal Elgin
Âdrninislrâtof/Glerk, Attenlion; Kert G "SÌ*¡tt
The Corporation of the lofln$nlp of L{alahide
Adrninisüatoritlerk, Attenlion: Randall R' Millard
( t,re'lrl un iciral ities'')
Whereas tþe Ontario Clesn WaterAgency [ìhe iAqencf) is the owner of the Port
Burwcll Area $econclary Water,SrrppTy Systbrn (the ".System') dcscribed in Sche'Jule B;
Whereas the Agency is r+sponsible for the operation of tf c $yctcrn;
Wheress Ilæ fylin¡rtry of tj.le EnvirçnriÊnl (the "Mlnlst{'XÛre suÇt€ssfrr lo the Mirrisbl'
.rf Envionrnent an,l Ênergy¡ gave notice oÏ the proposal to Íssuo th¡s I /Énsfer Otder lo
the lt¡luaicipsl¡ües on the 13î day of Novcmber' 1998:
Wrerees no submissions $rere lêúêiverJ;
Fursuant to subsectiun 2(1) of th+ Mutticipa,r Vlaler and Senuge Tmnslar Act, 1g!17
iptyÁSIA). the worfis, pmperTies ånd assots acQuir€d by the Pruvitrue lut tlre ¡]ul-Pt)se-
rly otlìêr âssets, liabilities, dghts and oblrgatiorts glthe-.-.
eiJ belovl or in 0rders undcriection l0 or subsectio-nu2f6J of
nsferred jointly to the Municipalitje+. effective thn¿5f tg¡'t tt¡
T¡is Trtn+fer Order does not transfer any chattels used by the ,Agency in conn+cticn
v¡lth Íe operation of the Syutem- Thn titlc to such chattels rerrlairrs guverrtuJ L¡y []re
A0re€rnent t¡ndçr v¡hich thc Syshrn is operateC lrom time tcr tlrne.
pursuart to slbsectian 2(5) of Mt¡VÁSIA. certain liabilities are nol lransfelreC, but all
otfier liabilities and obligaiiinns nl the Érflency or il+ pred+ces*rrr* with res¡e.cf Ì:: fhe
Sy*tcm (other than the Àgenc¡,'s uuntinued oblìgatíon tr: o¡renrte [h+m under ÊÊction 7
ol IIWASTA) are transferred jointly to the lv'l.rnicipalities.
Page 1 of 11
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Schedule r¡8" - Transferred Assets
Description of the works compromising the transfer of assets:
The description of assets below is meant to identify all known Port Burwell Area
Secondary Water Supply System assets east of 5 meters east of the E038
concrete meter and 5 meters north of V001 valve chamber as transferred by
Transfer Order Port Burwell Area W1/1998
Section I - being the transmission main and all related appurtenances directly
connected to the transmission main which runs from Nova Scotia Line to
Chatham Street in the Municipality of Bayham. Specifically, the section of 10"
(250 millimeter) diameter transmission main commencing 5 meters easterly of
the E03l/V001 concrete meter and valve chamber extending approximately 0.9
kilometers to Chatham Street, Port Burwell
Section 2 - being the transmission main and all related appurtenances directly
connected to the transmission main which runs along Plank Road from Port
Burwell to Vienna in the Municipality of Bayham. Specifically, the section of
10" (250 millimeter) diameter transmission main commencing at Victoria
Street, Port Burwell and extending approximately 3.4 kilometers to North
Street, Vienna
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Schedule "C" - Excluded Assets and Liabilities
N/A
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THE CORPORATION OF THE
MT]NICIPALITY OF BAYHAM
BY-LAW NO. 2011-055
A BY.LAW TO CONFIRM ALL ACTIONS OF
TIIE COTJNCIL OF THE CORPORATION OF
THE MI]NICIPALITY OF BAYIIAM FOR THE
REGULAR MEETING HELD JT]NE 16,20II
\ilHEREAS under Section 5 (1) of the Municþal Act,200l S.O. 2001, Chapter 21,thepowers
of a municipal corporation are to be exercised by the Council of the municipality;
AND WHEREAS under Section 5 (3) of the Municipal Act,200l, the powers of Council are to
be exercised byby-law;
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 byJaw.
THEREFORE THE COTTNCIL OF TIIE CORPORATION OF THE MTJNICIPALITY
OF BAYIIAM ENACTS AS FOLLOWS:
1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in
respect of each recoÍrmendation and each motion and resolution passed and other
action by the Council at the regular meeting held June 16,2011 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 affrxing the Corporate Seal.
READ A FIRST, SECOND AND TIIIRD TIME and finally passed this l6thday of June,
2011.
MAYOR CLERK
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