HomeMy WebLinkAboutDecember 03, 2009 - CouncilCOUNCIL AGENDA
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday, December 3, 2009
7:00 p.m.
7:30 p.m. - Public Meeting - Planning (Zoning)
Page
1.CALL TO ORDER
2.DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE
THEREOF
3.APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a)Added Item(s)
(b)Minutes of the regular meeting of Council held November 19, 2009.
4.DELEGATIONS
(a)7:10 p.m. - Harris Teall regarding Estherville Cemetery
(b)7:20 p.m. - Wanda Hoshal regarding Estherville Cemetery
5.INFORMATION ITEMS
(a)Copy of resolution passed by the Township of Madawaska Valley regarding "Bill
187".
File: C10
(b)Copy of resolution passed November 25, 2009 by the Township of Madawaska
Valley regarding "Safe Drinking Water Act".
File: C10
(c)Copy of resolution passed November 10, 2009 by the City of London regarding
"Climate Change".
File: C10
(d)Correspondence dated November 24, 2009 from McNab/Braeside Disaster Relief
Committee regarding "request for assistance to address a disaster".
File: C13
7-15
17
19
21-23
25
Page 1 of 269
Council Agenda December 3, 2009
Page
5.INFORMATION ITEMS
(e)Correspondence dated November 24, 26 and 27, 2009 from the Association of
Municipalities of Ontario regarding "Second Application Period for 2009-10
Ontario Drinking Water Stewardship Program is now open", "Proposed Organics
Guidelines", "Advocacy for OMPF and OMPF Mitigation Funding for 2010" and
"FedDev Ontario Applications Due December 1st".
File: A01
(f)Bayham Joint Cemetery Board draft minutes of meeting held November 24, 2009.
File: C06
(g)Correspondence dated November 2009 from Ministry of Citizenship and
Immigration regarding "Volunteer Recognition Programs for 2010".
File: A16
(h)Copy of letter dated November 24, 2009 from City of St. Catharines to Prime
Minister Stephen Harper regarding "Private Members Bill requesting the Royal
Canadian Legion be exempt from GST on purchases of red lapel poppies".
File: A16
(i)Correspondence dated November 20, 2009 from AECOM Canada Ltd. regarding
"Township of Malahide, Village of Springfield Water Supply Municipal Class
Environmental Assessment: Notice of Study Commencement".
File: A16
(j)Correspondence received November 25, 2009 from Minister of Citizenship,
Immigration and Multiculturalism regarding "Paul Yuzyk Award for Multiculturalism".
File: A16
(k)Correspondence dated November 24, 2009 from Federation of Canadian
Municipalities regarding "Municipal Leadership on Climate Change Action".
File: A16
(l)2009 Third Quarter Performance Report from One - the Public Sector Group of
Funds".
File: F12
(m)Correspondence dated November 6, 2009 from Ontario Heritage Trust regarding
"Ontario's Places of Worship".
File: R01
(n)Correspondence from Ontario Ministry of the Environment Waste Management
Policy Branch regarding "Invitation to a Municipal Stakeholder Consultation".
File: A04
(o)Email correspondence dated November 18, 2009 from Marion Rogers regarding
"Chickens in Bayham".
27-32
33-34
35
37
39-40
41
43-45
47-60
61-64
65-66
67
Page 2 of 269
Council Agenda December 3, 2009
Page
5.INFORMATION ITEMS
File: P16
(p)Correspondence received November 19, 2009 from Ron Allensen regarding
"Chickens in Bayham".
File: P16
(q)Correspondence dated November 28, 2009 from B.W. Carlyle regarding "Pilgrims
of Estherville".
File: S09
6.PLANNING, DEVELOPMENT, RECREATION & TOURISM
1.Correspondence and Reports
2.PUBLIC MEETING
1.Public Meeting
(a)7:30 p.m. Official Plan 5 Year Review. To present for adoption the final
draft of the amended Official Plan for submission to the Ministry of
Municipal Affairs & Housing for approval.
File: D08
2.Declaration of Pecuniary Interest and the General Nature Thereof
3.Staff Presentation
(a)Staff Report D2009-43 regarding Official Plan 5 Year Review
4.Public Comments
69
71
73-75
Page 3 of 269
Council Agenda December 3, 2009
Page
5.Council Comments and Questions
6.Adjournment
7.Disposition of Item
7.ROADS, AGRICULTURE & DRAINAGE
(a)Staff Report DR2009-010 regarding Petition for Drainage from Clayton Watters,
Elgin County.
File: E09
(b)Notice of Appeal to the Drainage Tribunal regarding the "Decision of the Court of
Revision for Municipal Drain No. 1".
File: E09
(c)Staff Report PR2009-19 regarding Road Closure Application - Concession 5 and
South Gore.
File: T09
8.PROPERTY, BUILDING & PROTECTIVE SERVICES
(a)Staff Report P2009-036 regarding Dog License Fee Review.
File: P14
(b)Staff Report H2009-011 regarding Fire Service Health and Safety Policy.
File: A09
9.FINANCE, ADMINISTRATION & PERSONNEL
(a)Cheque Register being Cheque #7522 to Cheque #7611 inclusive, except Cheques
#7499 and #7601 totaling $780,505.69 and Payroll Disbursements for the period
ending November 1 and November 15, 2009 totaling $51,028.11 and $47,134.41
respectively.
(b)Request received from Valerie Donnell for use of the municipal sign regarding
"Caroling in the Vienna Park".
File: C13
77-78
79-88
89-93
95-100
101-105
107-122
123
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Council Agenda December 3, 2009
Page
9.FINANCE, ADMINISTRATION & PERSONNEL
(c)Correspondence dated November 24, 2009 from Township of Southwold regarding
"International Plowing Match 2010 - Beautification Challenge".
File: A16
(d)Staff Report C2009-028 regarding Reappointment of Closed Meeting Investigator.
File: A09
(e)Staff Report C2009-29 regarding Harbourfront Committee Terms of Reference.
File: C00
(f)Staff Report C2009-030 regarding Edison Museum Furnace Breakdown.
File: A20
(g)Draft By-Law 2009-131 being a By-Law to appoint Municipal Officers and
Employees.
(h)Staff Memorandum regarding Potential Working Group - Natural Gardens and
Animal Control Issues.
File: P14
(i)Staff Memorandum regarding Boundaries Act Legal Input.
File: L08
10.ENVIRONMENT
(a)Staff Report E2009-13 regarding Response to MOE Order - Richmond Water
System.
File: E08
11.COMMITTEE OF THE WHOLE
(a)In Camera.
(b)Closed Session minutes of the regular meeting of Council held November 19, 2009.
(c)Confidential Report regarding a proposed or pending acquisition or disposition of
land by the municipality.
(d)Confidential correspondence regarding advice that is subject to solicitor-client
privilege.
(e)Out of Camera.
12.BY-LAWS
125
127-128
129-132
133-141
143-144
145
147
149-151
Page 5 of 269
Council Agenda December 3, 2009
Page
12.BY-LAWS
(a)By-Law 2009-132 A By-Law to reappoint Closed Meeting Investigator (JGM
Consulting)
(b)By-Law 2009-133 A By-Law to establish the Bayham Harbourfront Committee
(c)By-Law 2009-134 A By-Law to Stop Up, Close and Convey part of an
unopened road allowance
(d)By-Law 2009-135 A By-Law to adopt the Official Plan, as amended, of the
Municipality of Bayham
(e)By-Law 2009-136 A By-Law to amend By-Law 2009-059 (to Regulate and
Contol Dogs)
(f)By-Law 2009-137 A By-Law to confirm all actions of Council
13.ADJOURNMENT
153
155-157
159-160
161-266
267
269
Page 6 of 269
COUNCIL MINUTES
THE CORPORATION OF'TIIE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday, November 19, 2009
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, November
19,2009 in the Council Chambers. Present were Mayor Lynn Acre, Councillors Mark Taylor,
Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard. Deputy
Mayor CliffEvanitski was absent.
Planning Coordinator / Deputy Clerk Margaret Underhill and Public rr¡/orks Manager Gerry LeMay
were in attendance to present their respective reports.
1. CALL TO ORDER
Mayor Acre called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECTINIARY INTEREST & THE GENERAL NATURE
THEREOF'
None
3. ÄPPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held November 5,2009.
2009-s66
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
''THAT the minutes of the regular meeting held November 5, 2009 be
approved as circulated.'l
CARRIED UNANIMOUSLY
(b) Added Item(s)
2009-s67
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT in accordance with Section 21 of Procedural ByJaw 2002-93, Elgin
County Correspondence dated October 1212009 requesting an appointee to
the "Elgin Offerings" sub-committee for the 2010I.P.M. be added to the
agenda as items 9(c)."
CARRIED UNANIMOUSLY
Page I of9
Minutes of the regular meeting of Council held November 19,
2009.
Page 7 of 269
Council Minutes November 19,2009
4. DELEGATIONS
(a) 7:05 p.m. - Hanis Teall regarding Estherville Cemetery
Hanis Teall asked several questions in regard to the property abutting the
Estherville Cemetery. He questioned why no notice was given that a factory would
be built on the property, why the building was permitted on a properly that is too
small, and why a 15 foot setback was not done for the archeological æsessment
carried out. He st¿ted that the assessment was not needed as the conhactor on site
could have advised no burials existed.
Staffand Council advised the building was in compliance with the various
requirements, including property setbacks. It was noted that public notice is not
required for building permits, but would be for items such as a zoning amendments
or applications for severance. It was also noted that the archeological assessment
was done in cooperation with the properly owner for the fooþrint of the building,
as a precaution to enswe no burials existed in that area. It was also noted that the
assessment was needed from a qualified archeologist.
(b) 7:15 p.m. - Wanda Hoshal regarding Estherville Cemetery
Mrs. Hoshal asked whether Council will act to utilize the Boundaries Act to start
the process to determine where the properly boundaries are? She suggested that
the Ministry of Transportation would be responsible for the costs.
(c) Matthew Redsell regarding Animal Control By-Law
In regard to the Animal Control By-law, Matthew Redsell spoke in favour of
keeping two female chickens in the village/hamlet bacþards per household as a
source ofa safe, healtþ and inexpensive source ofprotein.
(d) Beverley Wagar regarding Animal Control By-Law
Beverley Wagar, regarding the Animal Control By-law, spoke in support of food
security and benefits of the use of bacþard hens in urban areas of the municipality.
(e) Sean Hurley regarding Animal Control By-Law
Sean Hurley questioned the validity of concerns raised regarding animal control
complaints. He commented that hens are quiet, do not athact vermin nor negatively
impact property values. He suggested the keeping of backyard chickens does not
create issues in regard to health safety. Mr. Hurley also suggested an advisory
committee be set up to conduct public meetings, obtain expert advice and make
recommendations regarding the animal control by-law, specifically the keeping of
animals regarded as livestock or exotic pets.
ln addition, he requested that'hatural" gardens be defined and supported.
(Ð Jean Woon regarding Animal Control By-Law
Jean Woon also spoke in regard to the animal control by-law requirements. She
commented that female fowl are quiet and that droppings can be used as natural
fertilizer. She noted that the keeping of the number of Class 4 birds was increased
Page2 of9
Minutes of the regular meeting of Council held November 19,
2009.
Page 8 of 269
Council Minutes November 19,2009
and suggested health issues were a concern. She requested consideration ofa
reduction in the number of pigeons permitted.
5. INFORMATION ITEMS
(a) Copy of resolution passed October 7 , 2009 by the County of Lambton regarding
"Lambton County Council - Supports Moratorium on Major Health Care
Restructuring".
File: ClO
(b) Copy of resolution passed by the City of Ott¡awa regarding "default speed limits".
File: ClO
(c) Correspondence dated November 3 and6,2009 from Association of Municipalities
of Ontario regarding "Consultation on Blue Box Changes", Good Govemment Bill
Contains Minor Changes for Municipalities" and "Presumptive Legislation for
Volunteer and Part-time Firefighters".
File: 401
(d) Bayham Historical Society draft minutes of meeting held October 8, 2009.
File: C06
(e) Museums Bayham draft minutes of meeting held November I l, 2009.
File: C06
(Ð Elgin County OPP Media Release dated November 13,2009 regarding "2009
Safegrad Workshop".
File: Pl7
(g) Invitation from the County of Elgin regarding 'Elgrn County Ambassador Program".
File: 416
(h) Media Release dated November 4,2009 from South Central Ontario Region
(SCOR) regarding "Sand Plains Community Development Fund" and "SCOR
Parhers Adopt Strategic Management Plan".
File: M07
Staffwas requested to report back on eligible projects of a regional nature.
(Ð Conespondence dated November 5,2009 from Long Point Region Connservation
Authority regarding "Long Point Region High Water Use Designation".
File: A16
û) Elgin County Council minutes of meeting held September 15, 2009. (brought
forward from November 5,2009)
File: 416
Page 3 of9
Minutes of the regular meeting of Council held November 19,
2009.
Page 9 of 269
Council Minutes November 19,2009
2009-568
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT information items 5(a) through 50) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING. DEVELOPMENT. RECREATION & TOURISM
(a) StaffReport D2009-42 regarding Mu Underhill Farm Supply Site Plan Agreement.
File: DII.IJNDERHILL
2009-569
Moved by Councillor E Ketchab
Seconded by Councillor W Casier
"TIIAT StaffReport D200941regarding Max Underhill Farm Supply Site
Plan Agreement be received;
A¡lD THAT By-Law 2009-127, being a By-Law to authorize the execution of
a Site Plan Agreement with Max Underhill Farm Supply Limited and the
Municipality of Bayham be presented for enactment fr
CARRIED UNANIMOUSLY
7. ROADS. AGRICTILTURE & DRÁ.INAGE
(a) StaffReport PW2009-24 regarding Ontario Tire Stewardship.
File: E07
2009-s70
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
TTTHAT StaffReport PW2009-24 regarding Ontario Tire Stewardship be
received for information.rr
CARRIED UNANIMOUSLY
(b) Event Road Closure Request Forrn from Port Burwell Otter Valley Optimist Club
regarding Port Burwell Santa Claus Parade.
File: R09
2009-s7t
Page 4 of9
Minutes of the regular meeting of Council held November 19,
2009.
Page 10 of 269
Council Minutes November 19,2009
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Council of the Municipality of Bayham approYes the use of
streets within Port Burwell for a Santa Claus Parade to be held Saturday
December 5, 2009 at 6:30 p.m., subject to the Optimist Club of Ottervalley
providing proof of liability insurance coverage;
THAT the County of Elgin be requested for permission to use Wellington
Street in Port Burwell between 6:30 and 8:00 p.m. for the parade;
A¡ID THAT the Bayham Manager of Public Works be directed to provide
the necessary provisions for traffic control and safefy.rf
CARRIED UNANIMOUSLY
8. PROPERTY. BUILDING & PROTECTIVE SERVICES
(a) Building Permit Report for the month ending October 3I,2009.
File: P10
2009-572
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"TH,A,T Building Permit Report for the month ending October 31, 2009 be
received for information."
CARRIED UNANIMOUSLY
(b) StaffReport P2009-006 regarding Animal Conhol By-law. (defened from
November 5,2009)
File: P16
2009-s73
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"TIIAT StaffReport P2009-006 regarding Animal Control By-Law be
deferred.f'
CARRIED UNANIMOUSLY
9. F'INANCE. ADMINISTRATION & PERSONNEL
Page 5 of9
Minutes of the regular meeting of Council held November 19,
2009.
Page 11 of 269
Council Minutes November 19,2009
(a) Cheque Register being Cheque #7446 to Cheque #752I inclusive, except Cheques
#7M2 totaling $,144,982.80. Payroll Disbursements not available at this time.
2009-574
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Cheque Register being Cheque #7446 to Cheque #7ízlinclusive,
except Cheque #7442 totaling $444,982.80 be approved."
CARRIED UNANIMOUSLY
(b) Snaffordville Cemetery Board minutes of meeting held November 10, 2009 and
By-Law 2009-129 being a By-Law to further amend By-Law 2009-006
(appointing members to boards and committees).
File: C06
2009-575
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Straffordville Cemetery Board minutes of meeting held November
10,2009 be received;
AND THAT amending By-Law 2009-129, being a By-Law to appoint
members to Boards and Committees of the Municipality be presented to
Council for enactment."
CARRIED UNANIMOUSLY
(c) Conespondence dated October 12,2009 from the County of Elgin requesting an
appointee to the "Elgin Offerings"sub-committee for the 2010 Intemational Plowing
Match. File:416
2009-576
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
'TTHAT the Council of the Municipality of Bayham hereby appoints a
municipal staffperson to the 2010I.P.M. 'fElgin Offerings" sub-
committee.tt
CARRIED UNANMOUSLY
Page 6 of9
Minutes of the regular meeting of Council held November 19,
2009.
Page 12 of 269
Council Minutes November 19,2009
10. ENVIRONMENT
(a) StaffReport F,2009-13 regarding Response to MOE Order - Richmond Water
System.
File: E08
Not available
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2009-577
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Council do now rise to enter into an "fn Camera" Session of
Committee of the \ilhole at 8:45 p.m. to discuss:
. labour relations or employee negotiations;
. litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board;
¡ advice that is subject to solicitor-client privilege, including
communications necessary for that purpose.rf
CARRIED UNANIMOUSLY
(b) Closed Session minutes of the regular meeting of Council held November 5,2N9.
(c) Confidential StaffReport regarding litigation or potential litigation.
(d) Confidential correspondence regarding advice that is solicitor-clientprivilege.
(e) Confidential verbal report regarding labour relations.
(Ð Out of Camera.
2009-s78
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Committee of the Whole do now rise from the rrln Camera"
session at9z4l p.m.t'
CARRIED UNANIMOUSLY
Page 7 of9
Minutes of the regular meeting of Council held November 19,
2009.
Page 13 of 269
Council Minutes November 19,2009
2009-s79
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
TTTHAT StaffReport P2009-035 regarding Enforcement Matter be
received;
AND THAT staffbe directed to develop and propose a by-law to enhance
the BLEO authority for inspection powers.'r
CARRIED UNANMOUSLY
12. BY.LAWS
(a) By-Law 2009-071 A By-Law to Regulate and Control Animals (defened from
November 5,2009)
(b) By-Law 2009-127 A By-Law to authorize the execution of a site plan agreement
(Max Underhill's Fann Supply Limited)
(c) By-Law 2009-129 A By-Law to further amend By-Law 2009-006 (appointing
members to boards and committees)
2009-580
Moved by Councillor E Ketchabaw
Seconded by Councillor V/ Casier
"TIIAT By-Laws 2009-127 and 2009-129 be read a firsÇ second and third
time and finally passed."
CARRIED UNANIMOUSLY
(d) By-Law 2009-130 A By-Law to confi¡m all actions of Council
2009-s81
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
'TTHAT confirming By-Law 2009-130 be read a first second and third time
and finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
Page 8 of9
Minutes of the regular meeting of Council held November 19,
2009.
Page 14 of 269
Minutes of the regular meeting of Council held November 19,
2009.
Page 15 of 269
Page 16 of 269
L
'._ roComöe¡o,
lffi¿r-.''%ç,$Êlf/¡A
Ëo
CmufwaWit SæyforaUfriæ
The Corporation of the Township of Madawaska Valley
85 Bay Street / PO Box 1000
Barry's Bay, ON KOJ 180
Ph: 613-756-2747 / Fax: 613-756-0553
info @madawaskavalley. on. ca
MOVED BY: Bonnie Mask
SECONDED BY: Sylvie Yantha #29-1102-09
WHEREAS every property owner in the Province of Ontario has received an updated
Property Assessment Notice indicating their updated assessed value in the fall of 2008;
and
AND WIIEREAS the Government of Ontario has introduced Bill 187 onMarch22,
2007 which has included changes including the change of the assessment cycle from an
annual update to a four-year cycle for the years 2009 ,2010,2011 & 2012based on a
valuation dated of January I,2008; and
AND WIIEREAS the residential property owners in the Township of Madawaska Valley
are seeing an average of 1l.22Yo increase in their assessment (the second highest in
Renfrew County including the separated Town of Pembroke) knowing that there has been
a dramatic drop in the local real estate market; and
AND WHEREAS under the roles, responsibilities and relationships identified by MPAC,
it is up to the Province of Ontario to make any changes with regard to the legislation of
assessments and the municipalities are only allowed to tax based on the assessment
provided by the province; and
NO\il TIIEREFORE BE IT RESOLVED TIIAT the Township of Madawaska Valley
hereby requests that the Province of Ontario change the legislation of assessment back to
values of 2008, a more realistic value for property owners based on the current market
and a more realistic value for a tax rate to be based on and also, back to a one year annual
assessment better to react to a current real estate market; and
FIIRTHER TO THIS, legislationbe drafted to recognize the significant tax burden
caried by those owners of waterfront properties who may be forced to sell their homes
due to the unrealistic assessed value provided for their homes; and
FURTIIER TO TIIIS, this resolution is directed to Premier McGuinty, Minister of
Revenue and all municipalities in the Province of Ontario.
CARRIED.
DISCIAIMER
This material is provided under contract as a paid seruice by the oríginating organization and does not
necessaríly reflect the view or positions of the Association of Municþalifies of Ontario (AMO), its subsidiary
companíes, officerc, directors or agenls.
Copy of resolution passed by the Township of Madawaska Valley
regarding "Bill 187". File: C10
Page 17 of 269
Page 18 of 269
5
The Corporation of the Township of Madawaska Valley
85 Bay Street / PO Box 1000
Barry's Bay, ON KOJ 180
Ph: 613-756-2747 / Fax: 613-756-0553
info @madawaskavalley. on. ca
Oro
øntfuaW, St¡ty firaLlþnn
Moved by: Bonnie Mask
Seconded bv: Svlvie Yantha November 25.2009
WHEREAS the Township of Madawaska Valley as the owners of Barry's Bay
Water Treatment Plant is legislated under the Safe Drinking Water Act to provide
safe clean drinking water for their users in accordance with provincial standards
and for satisfying due diligence;
AND WHEREAS the Provincial Government is responsible for setting standards,
monitoring municipal performance, and enforcing compliance with provincial
standards and regulations;
AND WHEREAS as a municipality we are governed by the Municipal Act which
mandates rates for the water and wastewater service to be paid by the users of
the system;
AND WHEREAS there is only 660 users of the Barry's Bay Water Treatment
Plant;
AND WHEREAS subsequent to Walkerton and the delivery of the Report of the
Walkerton Inquiry that members of council and senior staff are to be held to a
Statutory Standard of Care that requires the exercise those persons to act
honestly, and in good faith with a view of the protection of the safety of the
consumer, and to exercise the care, diligence and skill that a reasonably prudent
person would exercise in comparable circumstances;
AND WHEREAS a municipal government cannot operate in a deficit position
although both other senior levels of government are afforded that luxury;
AND WHEREAS the Safe Drinking Water Act requires the municipality to report
a full cost of water services and a full cost recovery plan for approval by the
Minister;
AND WHEREAS the legislation requires that a municipality allocate for life cycle
costs for water infrastructure and in effect the users are paying for any debt from
the old plant, the present plant and set aside money for the future plant;
THEREFORE BE rf RESOLVEDthat it is the position of the Township of
Madawaska Valley is to petition the Province of Ontario to financially assist
municipalities to pay for those legislated province requirements including a
financial plan and the required operational plan;
BE lT FURTHER RESOLVED THATthe Province of Ontario financially assist all
municipalities in the Province of Ontario so that water users in the Province of
Ontario pay the same amount for a cubic metre for clean, safe drinking water;
AND IHAf this resolution be directed to the Premier of Ontario, Hon. John
Gerretson, Minister of the Environment, and to the Association of Municipalities
of Ontario.
DISCIÁIMER
This material is provided under conlnct as a paid seruice by the originating organizalion and does nol
necessarily reflect the view or positions of the Association of Munícipalifbs of Ontario (AMO), íts subsidiary
companies, offrcers, directors or agents.
Copy of resolution passed November 25, 2009 by the Township
of Madawaska Valley regarding "Safe Drinking Water Act". File:
Page 19 of 269
Page 20 of 269
3
ù.¡)
300 Duffedn Avenue
P,O. Box 5035
London, ON
NOA 419
LondonCANADÂ
November 10, 2009
G. Hopcroft
Di rector, I ntergovernmental and Com munity Liaison
I hereby certify that the Municipal Council, at its session held on November 9, 2009 resolved:
WHEREAS, a global reduction in the ernissions of carbon dioxide (COz) and its significanl contribution to
the creation of greenhouse gases (GHG) is necessary to slow climate change and reduce the risks to our
economy, human health, the physlcalenvlronment and quality of life;
WHEREAS, human activities have caused a dramatic increase in the amount of carþon dioxide (COz) in the
earth's atmosphere, Since the mid 1700s, the concentration of COz has risen from about 280 parts per
míllion (ppm) to reach 387 ppm in 2009. This is amount is likely the hÍghest concentration in the
atmosphere in the past 20 million years,
WHEREAS, evidence presented in the lntergovemmental Panel of Climate Change (IPCC) November 2007
report indicates that "Warming of the climate system is unequivocal, as Ìs now evident from observations of
increases in global average air and ocean temperatures, widespread melting of snow and ica and rising
global average sea level" and "Most of the oþserved increase in globalaveragetemperatures since the mid-
20th century is very likely due to the observed lncrease in anthropogenic GHG concentratlons. lt is likely that
there has been significant anthropogenic warming over the past 50 years averaged over each continent
(except Antarctica).'
WHEREAS, reduclng greenhouse gases makes economlc sense. New and improved infrastructure,
renewable energy technologies, energy efficiency, energy conservation, waste reduction, building retrofits,
transit, walking, cycling, water conservation, better fleet management, more effective wastewatertrèatment
and distribution, etc., can reduce short-term and/or long-term municipal operating costs and help maintain
community services, while having a posltlve impact on the environment:
WHEREAS the impacts of climate change as well as the responsibility for mitigation will fall primarily on the
municipalities;
WHEREAS, in December, national governments from around the world will meet in Copenhagen, Denmark
to negotiate terms and conditions of a global climate agreement for the period after 2012 (i.e., after the
Kyoto Protocol). lt ls critical that Canada has the support lt needs during these negotiations to conclude
negotiations;
The Corporation of the City of London
Oflce: 519-661-2500 eX, 0969
Fax: 51 9"661 "4892
www. london,ca
Copy of resolution passed November 10, 2009 by the City of
London regarding "Climate Change". File: C10
Page 21 of 269
WHEREAS, mayors and municipal leaders responsible for the well-being of communities across Ganada
have urged federal and provincial/tenitorialgovernments to make climate protection a priority;
BE lT RESOLVED THAT the Corporation of the Clty of London send a strong message to the Federal
Govemment of Canada of the importance to the citizens and businesses of the City of London of a world-
wide climate agreement;
AND BE lT FURTHER RESOLVED we encourage municipallties across Ontario and Canada to join the City
of London in requesting the Federal Government to make every effort to reach an international agreement
on climate change.
AND BE lT FURTHER RESOLVED we urge the Federatlon of Canadlan Municipalitles to rally the support
of its membership and send a strong message to the Federal Government of Canada of the importance to
the citÍzens and businesses of a world-wlde climate agreement.
C. Saunders
City Clerk
/hw
cc: FederatÍon of Canadian Munlcipalities, 24 Clarence Street, Ottawa ON Kl N 5Pg
Association of Municipalitles of Ontarlo, 200 Unlverslty Ave, Suite 801, Toronto, ON M5H 3Co
The Honourable Deb Matthews, 242Plccadilly Street, London, ON NOA 1S4
The Honourable Chris Bentley, Unlt 8-11 Base Line Road East, London, ON N6C 5ZB
The Honourable Steve Peters, 542 Talbot Street, St. ThomaE, ON N5P 1C4
Khalil Ramal, 771 Southdale Road East, Unit 16, London, ON NOE 2C6
Ed Holder, 390 Commissioners Road West, Suite 200, London, ON NOJ 1Y3
Glen Pearson, 768 Maitland Street, London, ON N5Y 2Wg
lrene Mathyssen, 1700 Dundas Street, London, ON N5W 3Cg
Joe Preston, 24 1st Avenue, Unit 2, St. Thomas, ON N5R 4M5
Controller G. Barber
Councillor N. Branscombe
P, McNally, General Manager, Environmental& Engineering Services and City EngÍneer
J, Stanford, Director, Environmental Programs and Solíd Waste
The Corporation of the City of London
Offlce: 519-661-2500 ext. 0969
Fax 519-661.4892
www london.ca
Copy of resolution passed November 10, 2009 by the City of
London regarding "Climate Change". File: C10
Page 22 of 269
November 9, 2009
HerWorshlp the Mayor
And Members of City Council
Re: Emergent Motlon for Monday, November 9, 2009 Gouncll Meeting
The Stockholm Appeal on Gllmate Change
Moved by Controller Gina Barber, Seconded by Counclllor Nancy Branscomþe
We would respectfully request that the following motion be considered at the November
9, 2009 Council Meeting as the motion is a question of urgency.
Background
On November 4, 2009 the mayors of the largest clties in Europe (through EUROCITIES)
and the United States (through the United States Conference of Mayors) have co-
authored a joint appeal, referred to as the'The Stockholm Appeal on Climate Change.'
The purpose of the appeaf is to ilfustrate the desire of the signatories for the COP15
meeting in Copenhagen, Denmark to result in an international climate change
agreement.
The goal of the Stockholm Appeal is to provide a powerful statement of intent to the
nationalgovemments in the run-up to COP15, By stating localgovernment's mutual
climate protection and sustalnablllty deslres, the goal of the appeal also serve as further
incentive for the heads of state at COPIS to reach an agreement.
Evidence is very clear that municipalities are a key part our.climate change solutions and
also would face enormous environmental, social and economic challenges if action is not
taken. This is echoed through two important quotes from the recent news release:
"The battle agalnst climate change will þe won or lost in the cities of Europe,
where 80 percent of European citizens llve. City governments are best placed to
find local solutions to this global challenge. Not only are cities leading by
example but they are aleo closest to the citizens and businesses that need to use
our planet's resources more efficíently," says Jozias von Aartsen, Mayor of The
Hague and President of EUROCIïIES.
"U,S, mayors proudly stand with our European counterparts in asking for
internatlonal recognition of the role of local leaders in climate protection. At the
forefront of creatíve etrategles, U.S. mayors have forced our national government
to act to combat climate change, To date, one thousand mayors have signed the
U,S, Mayors Climate Protection Agreement, pledging to meet or beat Kyoto
goals, Mayoral leadership ís a major impetus in climate protection," says Greg
Nickels, Mayor of Seattle and President of USCM,
Copy of resolution passed November 10, 2009 by the City of
London regarding "Climate Change". File: C10
Page 23 of 269
Page 24 of 269
3
McNab l*raeside Disaster Relief Çsmmittee
2508 Russett Drive, R.R. #2
Arnprior, Ontario
K7S 3G8
November 24,2009
TO ALL AMO MEMBER MUNICIPALITIES
My Communìty needs your assistance to address a disaster.
c\3
The Township of McNablBraeside, with a population ofjust over 7,200, is found in Eastem
Ontario near Ottawa. It is still very much a ru¡al community that has been required to
establish a fund raising target of $150,000 to deal with a flood.
More specifically a tonential rainstorm caused such localized flooding on July 24,2009
such that the Ministry of Municipal Affairs and Housing declared the affected area a
"Disaster Area" for the pqposes of the Ontario Disaster Relief Program. This reflects the
severe damage done to many farmers and homeowners. The Province will contribute up to
52.00 for every local dollar raised to an amount necessary to settle all claims.
The victims really need ou¡ support. They have found that this disaster which tore apart
foundations, flooded basements and destroyed crops in the field and in storage was not
covered by their insurance policies.
Our local fund raising efforts are beginning to bear fruit as donations are just now coming in
from local municipalities. But in these lean times with so many other demands on all of us,
the McNab/Braeside Disaster Relief Committee asks your council to help make a difference
and provide financial assistance to our community.
Thank you for your consideration in this matter.
Sincerely
Chairperson of the McNablBraeside Disaster Relief Committee
Office:613-623-5756 . l-800-957-4f,21 r Fax: 613-623-9138 . www.mcnabbraeside.com r e-mail: iniblemcnabbraeside.com
Correspondence dated November 24, 2009 from
McNab/Braeside Disaster Relief Committee regarding "request for
Page 25 of 269
Page 26 of 269
1-'-J
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MEMBER COMMUNICATION
200 University Ave, Suite 801
Toronto, ON MsH 3C6
Tel.: (416) 971-9856 | Fax (416) 971-6191
E-mail: amo@amo.on.ca
ALERT No: 09/078
To the attention of the Clerk and Council
November 24,2009
FOR MORE INFORMATION GONTAGT:
Craig Reid , AMO Senior Policy Advisor
(416) 971-9856 ext 334
lssue: The Ministry of the Environment (MOE) has launched the second and final application period for
the 2009-10 Ontario Drinking Water Stewardship Program (ODWSP). Applications are due by
the end of the day, December 15, 2009.
Background:
Requests for grant proposals and associated applications for the Education and Outreach, Special
Projects, and Early Actions components of the ODWSP are posted on the ministry's website at
www.ontario.calcleanwater. Municipalities are encouraged to visit the website and apply for financial
assistance to carry out projects that will protect Ontario's drinking water supplies.
The ODWSP, established by the Clean Water Act, 2006 (the "Act'), provides financial assistance to
eligible persons and groups interested in taking immediate actions to protect their sources of municipal
drinking water supplies.
This year, $7 million in financial assistance was available for the following key areas:
o Education and Outreacho Special Projects, ando Early Actions.
A fund of $2 million remains available for grants in this second application period.
For specific application and project requirements under each of the three components of the ODWSP,
please refer to the Requests for Grant Proposal located on the Ministry's website.
Due to draft assessment reports being prepared by source protection committees beginning the process
of finalization, changes will be made to the ODWSP in 2010-11 to focus on addressing significant
drinking water threats that are ldentified in these reports and to those individuals and businesses that
agree to take early measures to respond to the identified significant threat and to reduce the risk to our
drinking water supplies. It is anticipated that a new ODWSP component, called Early Response will be
introduced in spring 2010. As a result, MOE informs AMO that this current application period will
be the last opportunity to apply for Early Action and Education and Outreach funds. These
components will be phased out after December 15, 2009.
For further information on ODWSP please contact SourceProtectionFunding(@ontario.ca
Action:
AMO will continue to monitor source protection issues and inform members.
1-1 u un¡c¡par¡äl:îîä'li:.li
^1,{o
Correspondence dated November 24, 26 and 27, 2009 from the
Association of Municipalities of Ontario regarding "Second
Page 27 of 269
Page 28 of 269
200 University Ave, Suite 801
Toronto, ON MsH 3C6
Tel.: (416) 971-9856 | Fax (416) 971-619'l
E-mail: amo@amo.on.ca
MEMBER COMMUNICATION ALERT No: 09/080
To the attention of the clerk and council FoR MoRE TNFoRMAfloN coNrAcr:
November 26, 200e lü"riiîijs[å:i füo
senior poricv Advisor
Proposed Organics Guidelines
lssue: The Ministry of the Environment has issued proposed draft compost guidelines for consultation.
Background:
The Ministry is proposing to update lhe Interim Guidelines for the Protection and Use of Aerobic Compost
in Ontario (2004) to include the most up-to-date best management practices and standards. lt will include
guidance for facility siting, design, equipment use and operation procedures including feedstock control
and odour prevention. Most importantly, it includes the following three new compost categories:
. Category AA - Ontario's current compost standard, which is the highest quality compost product,
and the strictest standard in Canada,
. Category A - Category A would be the same as AA in almost all regards, except it would allow
slightly elevated levels of zinc and copper in the finished compost and would allow biosolids that
meet the feedstock metal standards to be used as feedstock.
. Category B - Category B would allow higher levels of metal in the finished compost than Category
A, and would also allow biosolids that meet the feedstock metal standards to be used as feedstock.
The Ministry also proposes to amend Regulation 347 under the environmental Protection Act to establish
an exemption from the definition of 'waste" for Category AA materials and for Category A material provided
it meets quality standards and labeling requirements.
A number of complimentary amendments are also proposed to Regulation 267103 related to "non-
agricultural source material" and "agricultural source material".
The proposal has been posted for 60 days for comments until January 23,2010.
MOE will be conducting additional stakeholder consultation sessions in the following locations:
London December 14,2009 (1:30-4:30 p.m.)Toronto December 15,2009 (1:00-4:00 p.m.)
Ottawa December 16,2009 (1:00-4:00 p.m.)
To view the entire proposal:
http://www.ebr. gov.on. calERS-WEB-
Action: For your information.
l-
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1-1 Municipar¡î::iîäii:."i aìlo
Correspondence dated November 24, 26 and 27, 2009 from the
Association of Municipalities of Ontario regarding "Second
Page 29 of 269
200 University Ave, Suite 801
Toronto, ON MSH 3Co
Tel.: (4'16) 971-9856 | Fax (416) 971-6191
E-mail: amo@amo.on.ca
ALERT No: 09/081
F-
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MEMBER COMMUNICATION
To the attention of the Clerk and Council
November 26,2009
FOR MORE INFORMATION CONTACT:
Matthew Wilson, AMO Senior Policy Advisor
(416) 971-9856 ext 323
Advocacy for OMPF and OMPF Mitigation Funding lor 2010
lssue: Municipal governments in Ontario are still waiting to hear about OMPF allocations lor 2010 and about
whether OMPF Mitigation Funding will be provided again in 2010.
Background:
As the end of 2009 approaches, AMO and municipalities are seeking timely information of about 2010
OMPF allocations, which should reflect the 2010 planned uploads and any pressures related to Ontario
Works caseload growth. !n addition, is the question of OMPF Mitigation Funding for next year.
The issue of 2010 OMPF Mitigation Funding is of particular concern. As Treasurers and Councils are
aware, OMPF Mitigation Funding (also known as the stable funding guarantee)was introduced in 2005
when the Ontario Municipal Partnership Fund replaced the Community Reinvestment Fund.
Each year since 2005, OMPF Mitigation Funding has been provided - on a "one-time" basis - to
municipalities that would otherwise have received reduced financial assistance under the OMPF. While
the OMPF Mitigation Funding has always been characterised by the province as "one-time only", it has
been provided in each year since 2005, While there was a significant risk that OMPF Mitigation would not
be provided in 2009, AMO was successful in securing it again for 2009 as part of the Provincial Municipal
Fiscal and Services Delivery Review. AMO advised members then that it would require a new effort to
secure it again for 2010, I
AMO and member municipalities affected by OMPF Mitigation Funding have been advocating strongly for
OMPF Mitigation Funding to be provided again in 2010. AMO estimates that if it is not provided next year,
more than 160 municipalities will see funding reductions - some, as much as hundreds of dollars per
household.
During late summer and fall, AMO staff has contacted CAOs or Treasurers in every potentially affected
municipality to ensure they understand that OMPF funding is at risk lor 2010 and to ensure that municipal
CAOs and treasurers have the information they need to support Council advocacy with local MPPs.
The local efforts of AMO members are an important part of advocacy to secure the 2010 OMPF Mitigation
Funding. The potential loss of $60M to $70M in provincial support for municipalities across Ontario would
dramatically undermine the financial stability of Ontario communities, result directly in significant property
tax increases in 2010, and further undermine efforts to restore competitiveness and prosperity to Ontario.
Action: AMO will continue to advocate strongly with the Province to preserve OMPF Mitígation Funding for
2010.
1-1 Municrpar,â::ïJäiî:,ii AllO
Correspondence dated November 24, 26 and 27, 2009 from the
Association of Municipalities of Ontario regarding "Second
Page 30 of 269
^H
Economic Development
Assuqi;tlion of Task Force - Update
To the attention of the Clerk,
and Economic Staff
FedDev Ontario Applications Due December l"t
AMO's Economic Development Task Force met again on November 13, 2009 for the fourth time
to continue the work of the group. Topics discussed at the meeting included:
lnvestment Readiness Certification
The Task Force explored the merits of an Investment Readíness Certification process for
Ontario municipalities. Similar in scope to ISO 9001 (lnternational Organization for
Standardization) certifications for business, a similar process may help to achieve a number of
objectives for municipalities and investors alike. Those include:
- Assisting municipal governments at being prepared to support new investment,- Fostering inter-municipal cooperation to meet certification standards,- Establishing investment ready best standards,- Engaging the broader community in meeting certification and investment ready standards,
and- Assisting businesses and investors to easily review and understand a community's merits.
The Economic Developers Council of Ontario (EDCO) led the discussion and the Task Force is
keen to pursue this initiative. The proposal is consistent with earlier recommendations made in
two March 2008 reports. The first was prepared by the Ontario Chamber of Commerce and is
titled, lnvestment Ready Communitieg Sfrafegy Building Blocks Final Report. The second is
EDCO's Local Economies in Transition lnitiative Final Report. The partnerships necessary for
the success of the proposal will continue to be explored.
EDCO's presentation is available here and in the Economic Development Resources section of
AMO's website.
Case Study: Pan Am Stadium, Hamilton - Brownfields Redevelopment
The City of Hamilton has recently purchased a former industrial site with the goal of revitalising
one of its waterfront neighbourhoods. Following the success of the Toronto 2015, Greater
Golden Horseshoe Pan Am Games bid, ¡t is also the likely site of the Pan Am Games 2015 track
and field competitions.
The presentation is available here and in the Economic Development Resources section of
AMO's website.
Ç
,lù\
200 UniversityAve, Suite 801
Toronto, ON MsH 3C6
Tel.: (416) 971-9856
Fax (416) 971-6191
E-mail: amo@amo.on.ca
ALERT No: 09/082
November 27,2009
F
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Introduction:
1-2 Municipariî::ïJäiÏl'"i ^ìlo
Correspondence dated November 24, 26 and 27, 2009 from the
Association of Municipalities of Ontario regarding "Second
Page 31 of 269
Update: The Federal Economic Development Agency for Southern Ontario (FedDev
Ontario)
The Task Force heard a detailed presentation regarding this new federal agency. FedDev
Ontario is based in Kitchener and will administer a variety of funding programs designed to
assist the southern Ontario economy and specifically communities, businesses, and non-profit
organizations.
The agency will deliver a variety of programs including:
Economic Stimulus Programming
Community Adjustment Fund - CAF (Southern Ontario)
Recreational lnfrastructure Canada - RlnC (Ontario)
Existing lndustry Ganada Programming
Economic Development lnitiative (Southern Ontario)
Community Futures Program (Southem Ontario)
Eastern Ontario Development Program (Eastern Ontario)
Ontario Potable Water Program (Ontario)
lnfrastructure Ganada Programming for Ontario
Building Canada Fund (Communities and Major lnfrastructure Components)
Ca nada-Ontario I nfrastructure Program
Canada Strategic Infrastructure Program
Canada-Ontario Municipal Rural Infrastructure Fund
Municipal Rural lnfrastructure Fund Top-Up
Applicatíons for the first phase of the Southern Ontario Development Program will continue to be
accepted until December 1, 2009. During this phase up to $55 million will be available for
economic and community development projects submitted by municipalities, non-profits, and
small and medium sized businesses. Funding inquires should be directed to the Agency at 1-
866-593-5505.
The presentation is available here and in the Economic Development Resources section of
AMO's website.
How to get involved
Have a good idea your municipality would like to share? lf your municipality has a practice or an
idea which is a showcase for others, please pass it on.
The next Economic Development Task Force Update will be in early February.
For more information regarding the Task Force, please contact:
Matthew Wilson
AMO Senior Policy Advisor
41 6-97 1-9856 extension 323
Email: mwilson@amo.on.ca
¡¡runic¡par¡âl:iiåii:,ii allo
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Correspondence dated November 24, 26 and 27, 2009 from the
Association of Municipalities of Ontario regarding "Second
Page 32 of 269
!.-
Municipality of Bayham
Joint Cemeterv Board Meetins Minutes
Bayham Municþal Office
Council Chambers
Tuesda¡ November 24r2009 at 7:00 p.m.
7:00 p.m. - Accessibility Training
FT
Present were: Ralph Carter, Jim Tait, RayMaddox, Herwin Ouellette, Theodore Dickhout,
Redvers Conod, George Beard, Robert Gregson, and Lynda Millard, Secretary.
Also present for the Customer Service Accessibility training were Cheryl Peters, Chuck
Buchanan and Bev Hickey from Museums Bayham.
Council Representative Deputy Mayor Evanitski was absent.
1. The Customer Service Accessibility Training was conducted by- Suzanna Dielernan
Mantel
2. Call to Order & Appointment of Chairman The Secretary called the meeting to order
at7:25 p.m. and requested an appointee as Chairman. Robert Gregson volunteered to
chair the meeting.
3. Approval of Minutes of meeting held April 21,2008 - The minutes were read by the
Secretary
Moved by George Beard
Seconded by Redvers Conod
6(That the minutes of the Joint Cemetery Board meeting held November 25r 2008 be
approved as read.' Carried
4. Correspondence & Reports
(a) StaffMe,morandumCem2009-05regardingCemeterySignage.
Following discussion, it was agreed that placement of a plaque or a cairn were
appropriate for the Amerman, Hutchison and Hemlock Creek sites, otherwise the
current signage was sufficient and members would rather see the funds spent on
fence upgrades.
(b) Update regarding consideration for cremation plots. Inþrmation not available.
(c) 2010 grass cutting / landscape contractor service arrangements for individual
Boards.
Bayham Joint Cemetery Board draft minutes of meeting held
November 24, 2009. File: C06
Page 33 of 269
Cemeteries Minutes
Chairman
November 24,2009
The Secretary advised members that the contractor, Len Froese, Ground Effects
Landscape and Design was willing to renew the grass cutting contracts at the
same prices for 2010. These are Smuck $80, Eden $180, Bayham rWest $120 and
Dobbie $66. All members were well satisfied with the work done in 2009.
Shaftordville, Guysboro and Calton had separate contractors in 2009. Quotes
from Mr. Froese were $200, $120 and $120 respectively. The Secretarywill
confirm any changes for 2010 with the Chairman or Secretary.
(d) Ministry of Small Business & Consumer Services, Cerneteries Regulations Unit
reminder for year end submission ofreports for audit purposes.
Mernbers were reminded to have their bankbooks updated to Dece,nrber 3l't and
submit their financial reports to the Treasurer after year end. The Secretary will
remind the Treasurer that interest payments be calculated and sent out soon.
Other Business
Concems were raised that there is much brush and poor fencing around the edges/fence
rows of many of the cemeteries. Chain and post boundary markers may be considered as
an alternate to fencing. Members were encouraged to put cleanup work plan details in
writing and submit for consideration at the April meeting.
Members Questions / Concerns / Comments
Chairman Gregson advised mernbers of the recent passing of Carl Biro on November 5ú.
Next Meeting & Adjournment
Moved by George Beard
"That the meeting be adjourned at 8:35 p.m., to meet at the Municþal Office on
Tuesday Äpril 27,2010 at 7:00 p.m.
Secretary
-2-
5.
7.
Date Approved:
Bayham Joint Cemetery Board draft minutes of meeting held
November 24, 2009. File: C06
Page 34 of 269
5
MlnisFy of Gitlzenship
and lmmigratlon
Office of the Minister
6h Floor
400 University Avenue
Toronto ON M7A 2Rg
Tel.: (416) 32+6200
Fax (416) 32S6195
November,2009
Dear friends,
MichaelChan
Minister
Ministère des Afraires civiques
et de I'lmmigration
Bureau du Minisfe
6" étage
400, avenue University
Toronto ON M7A 2R9
Té1. : (416) 325-6200
Telic. : (416) 325€195
âlt-
RECE
NOV 2/) oJ
MUNICIPALITY OT BAYHAfuI
I am once again very pleased to invite you to part¡cipate in Ontario's volunteer recognit¡on programs
to¡ 2010.
Volunteers play a significant role in building strong and d¡verse communities and give back in so
many ways through a strong sense of civic respons¡bility.
The Ontario government recognizes volunteers from all sectors through the following programs:
. Volunteer Service Awards (VSA) - in recognition of cont¡nuous years of service with a
community organ¡zat¡on
. June Gallwood Outstanding Achievement Award (JCOAA) - awarded for superlative
volunteer work undertaken by individuals, groups or businesses
. Ontario iledalfor Young Volunteers (OMYV) - presented to outstanding young volunteers
between the ages of 15 and 24
Nomination forms and additional information on each program are available on the Ministry of
Citizenship and lmmigration website at www.citizenshio.qov.on.calenqlish/honours. You can also
contact the Ontario Honours and Awards Secretariat at 416-314-7526 or 1-877-832-8622. The
nomination closing dates for each program are highlighted below.
Please take this opportunity to nominate volunteers from your organ¡zation for the appropriate award
program and feelfree to share this letter with other organizations that would be interested in
participating in these worthwhile programs.
By submitting a nomination you can help ensure that volunteers receive the recognition they
deserve. Thank you for participating.
Yours truly,
Nomination Closing Dates:
VSA-January 25,2010
JCOAA - January 15, 2010
OVI\/V-January 3I,2010
Correspondence dated November 2009 from Ministry of
Citizenship and Immigration regarding "Volunteer Recognition
Page 35 of 269
Page 36 of 269
THE CORPORATION OF TITE
Crrv oF Sr. CernnnrNgs
_/
Box 3012, 50 Church Street,
St. Catharines, Ontario, Canada L2R7e2
Tel: 905-688-5600 www.stcatharines.ca
Bnrex McMulr.nn
Mnyon ntb
November 24,2009
Prime Minister Stephen Harper
Office of the Prime Minister
80 V/ellington Street
Ottawa, ON KIA 042
Dear Prime Minister Harper,
On behalf of St. Catharines City Council, I would like to express our support for the Private Members Bill
introduced by \Melland MP Malcolm Allen asking that the Royal Canadian Legion be exempt from GST on
purchases ofred lapel poppies.
The poppy has come to represent our respect for the sacrifices made by the men and women who have served
our county and sacrificed their lives to protect our freedoms. The sale of poppies every November is a
critical frrndraising tool for the Royal Canadian Legion who use the money collected to support veterans and
their families.
By charging 5 per cent GST on the purchase of poppies, atax that can not be recouped through the donation
box, the federal govemment is inadvertentþ having a negative imFact on the services offered to veterans.
St. Catharines City Council urges you to support veterans, their families and the Royal Canadian Legion by
removing the 5 per cent GST charged on poppies.
Thank you for considering this request.
Best regards,
4L"(e
Brian McMullan
Mayor
Cc MalcotnAllenMP
Rick Dykstra MP
Jim Bradley MPP
Peter Kormos MPP
DISCI-AIMER
Thís material is provided under contract as a paid seruice by the originating organization and does no| necessarily reflect the view or
positions of the Association of Municipalities of Ontaño (AMO), ils subsidiary companies, officers, directors or agents.
St. Catharlnes - Thc Garden Cíty - A Wclcomlng and Nafiurlng Cammuníty
Copy of letter dated November 24, 2009 from City of St.
Catharines to Prime Minister Stephen Harper regarding "Private
Page 37 of 269
Page 38 of 269
Æcom AECOM
3 - 30 Hannover Drive
St. Catharines, ON, Canada
www.aecom.com
905 682 0212 tel
905 682 4495 fax
,4tto Í\ololut l-.
5
L2W OA1
November 20,2009
Kyle Kruger
Administrator
Municipality of Bayham
P.O. Box 160-9344 Plank Road
Straffodville, ON NOJ 1Y0
Dear Mr. Kruger:
Project No: 114957
Regarding: Township of Malahide, Village of Springfield Water Supply
Municipal Class Environmental Assessment: Notice of Study Commencement
The Township of Malahide (the Township), through their consultant AECOM, has initiated a Schedule B,
Municipal Class Environmental Assessment (Class EA) for additional water supply to the community of
Springfield. The purpose of this project is to service a future Agricultural lndustrial Park to be located just east of
the developed area of Springfield. The project scope includes the routing of a new transmission main and siting
a new water tower. For additional information please see the attached Notice of Study Commencement.
A key component of the study will be consultation with interested stakeholders (public and agencies). A Public
lnformation Centre (PlC) is tentatively scheduled for late winter 2009 or early 2010 and will present the project
including comparative analysis of the alternatives, construction mitigation measures, project schedule and next
steps. Details regarding the forthcoming PIC will be mailed to those on our contact list and advertised as the
study progresses.
We will continue to keep you informed of study progress including Notice of upcoming PIC and Study Completion
including the opportunity to review the Class EA Project File. lf you have any questions or comments at this time
or would like additional information on the project, please do not hesitate to call me at (905) 346-3732 or via
email at karl.qrueneis @ aecom.com
Sincerely,
AECOM Canada Ltd.
Z.lQ''".*
Karl Grueneis
Senior Environmental Planner
Rob Johnson, Township of Malahide
John Armistead, AECOM
Correspondence dated November 20, 2009 from AECOM
Canada Ltd. regarding "Township of Malahide, Village of
Page 39 of 269
NOTICE OF STUDY COMMENCEMENT
Village of Springfield Water Supply
Municipal Class Environmental Assessment
The Study
The Township of Malahide (the Township), through their consultant
AECOM, has initiated a Municipal Class Environmental Assessment
(Class EA) for the provision of a municipal water supply to the
Community of Springfield (see map).
. The purpose of the project is to service a f uture Agricultural lndustrial
Park to be located just east of the developed area of Springfield
allowing the farming community to attract and retain value-added
agricultural enterprises.
. Properties adjacent to the proposed water transmission main will
have the opportunity to connect if they wish.
o Project components being addressed by this study include the siting
of a water transmission main from the Aylmer Area Secondary Water
Supply System to Springfield as well as a new water tower.
. Potable water in Springfield is currently supplied by private wells.
This study is not an undertaking to provide Springfield with a
comprehensive water distribution system.
The Process
The study is being conducted in accordance with the requirements for Schedule B projects as described in the
Municipal Engineers Association, Municipal Class Environmental Assessment document (October 2000 as amended in
2007). The Class EA process includes public and review agency consultation, an evaluation of alternatives, an
assessment of the impacts of the proposed improvements, and identification of measures to mitigate any adverse
impacts.
Future Public Information Centre
As part of the study, a Public lnformation Centre (PlC) will be held later this year to present the project to the public
and stakeholders for review and comment. The PIC will present the design alternatives considered including a
comparative analysis of those alternatives, proposed construction/mitigation measures, implementation schedule and
next steps.
The lmportance of Public Input
Public consultation is vital and key to the success of this study. We want to ensure that anyone interested in this study
has the opportunity to get involved and provide input before any decisions are made on the recommended
transmission main route and location for the water tower, There are several ways to provide input and/or be kept
informed:
. Visit the Township's website for study updates: www.malahide.ca;
. Attend the Public lnformation Centre, tentatively scheduled for late lalllearly winter; and
. Contact us if you have any questions or comments or wish to be added to the mailing list.
Rob Johnson
Director of Physical Services
Township of Malahide
87 John Street South
A/mer, Ontario NsH 2C3
Tel: 519.773.5344
Fax: 519.773.5334
Email: rjohnson @ malahide.ca
Mr. John Armistead, P.Eng
Project Manager
AECOM
585 King Street, Suite 300
London, Ontario NOB 3M6
Tel: 519. 673,0510
Fax: 519.673.5975
Email: john.arm istead @ aecom.com
lnformation will be collected in accordance with the Municipal Freedom of lnformation and Protect¡on of Privacy Act. With the exception of personal
information, all comments will become part of the public record.
Correspondence dated November 20, 2009 from AECOM
Canada Ltd. regarding "Township of Malahide, Village of
Page 40 of 269
l*I fl'#ir?åiì8"Tln"o"
Citoyenneté et
lmmigration Canada
Alu
PAULYTJZYKAWARD MUNICIPALITY ()F BAYHAM
f",V.IUI-TICULïURALISM
Dear Sir/Madam,
Cultural diversity is one of Canada's most valuable assets and greatest strengths.
Multiculturalism has shaped our history and helped make Canada a model of unity-in-diversity.
Last year, the Government of Canada established the Paul Yuzyk Award for Multiculturalism to
honour those dedicated to promoting multiculturalism in Canada.
This award coÍrmemorates the pioneering legacy and achievements of the late Senator Yuzyk in
the area of multiculturalism. Senator Yuzyk's efforts helped lead to the recognition of
multiculturalism as one of the fundamental characteristics of Canadian heritage and identity.
The award acknowledges and honours individuals in communities across Canada who have made
exceptional contributions to multiculturalism and diversity, and is open to all citizens and
permanent residents. The award includes a $20,000 grant to be given to an eligible, registered
not-for-profit Canadian organization or association of the recipient's choice.
Nominations for the 2010 Paul Yuzyk Award for Multiculturalism are cunently being accepted
until March I,2010.
If you know of a deserving individual who has made a significant contribution to
multiculturalism and diversity in Canada, I encourage you to submit a nomination for this
prestigious award. More information about the award, including eligibility requirements, is
included in the enclosed brochure. For futher details on Senator Paul Yuzyk and the nomination
process, please visit www.cic.gc.calpaulyuzyk.
I would like to thank you for supporting this important initiative.
Sincerely,
The Honourable Jason Kenney, P.C., M.P.,
Minister of Citizenship, Immigration and Multiculturalism
Can
Correspondence received November 25, 2009 from Minister of
Citizenship, Immigration and Multiculturalism regarding "Paul
Page 41 of 269
Page 42 of 269
Rllembers
Adviscry
, ' ^Avis åtltf
memhres de
FCM 613.241.744O ILl25/2009 2:40:10 PM PAGE IlOO3 Fax Server
5
November 24,2009
Please Distribute to GAO's Otfice and All Members of Council
4 tt-
MEMBERS'ADVISORY
MUNICIPAL LEADERSHIP ON CLIMATE CHANGE ACTION:
FCM'S PLANS IN THE LEAD UP TO COP.15IN COPENHAGEN
At its meeting last week, FCM's National Board of Directors approved a resolut¡on on municipal
leadership in climate change action (please see below or
nOo'//t*,*.f.t..r/En*l¡rh/yiew.asp?mp=1164&x=1229 for resolution).
This resolution calls on the Government of Canada to recognize and suppofi municipal leadership and
action in greenhouse gas (GHG) reduction as part of Canada's efforts to meet national or international
climate change objectives.
The resolution is designed to tell the municipal story - that cities and communit¡es act while others
continue to talk - and builds on our campaign for federal support, including financial support, for
municipal GHG reduction initiatives like landfillgas capture, fleet upgrades or building efficiency. The
resolution, which is now on our website, will continue to build political, media and public awareness of our
climate change posilion in the lead up to a report that we will release within two weeks. This report
dernonstrates that municipal GHG reduction strategies can make a substantial contribution to national
targets at cost comparable or better than most other strategies currently being discussed.
The growing nalionaldebate over Canada's climate change action in the lead up to COP15, the United
Nations Framework Convention on Climate Change that begins in two weeks in Copenhagen, gives
municipalities the opportunity to demonstrate that real change can resutl in more efficient and competitive
cities and commun¡ties. We are aware of other organizalions seeking to advance their own agenda by
urging municipalities to adopt resolutions focused on the role that the Government of Canada should play.
While these initiatives are an important part of lhe national climate change debate, FCM remains focused
on telling the municipal story, on positioning its members as leaders in this area, and on urging greater
federal investments in municipalGHG reduction initiatives. This strategy, we believe, is the most effective
way for municipal governments 10 contribute to this debate - as leaders, as governments who act and
don't just talk or tell others to lead.
As you willhave seen lrom a Members'Advisory on October 15,2009, FCM willalso be attending COP15
and providing support services to any Canadian municipal leaders present. As pafi of this service, FCM
helped municipal leaders get accredited as observers to the negotiating meetings. We will be organizing
daily meetings of those ailending, to provide briefings on developmenls in negotialions and to coordinate
activities and com mu nications,
To coordinate those Canadian municipal officials present at COP15, we have built a registry of those ol
you planning to travel to Copenhagen for the meetings. lt you are planning to attend COP15 and have
not yet let us know, please send an emailwith your name, t¡tle and municipalityto cool5@fcm.ca.
We will send registered municipal delegates regular updates in the lead up to COP15.
Correspondence dated November 24, 2009 from Federation of
Canadian Municipalities regarding "Municipal Leadership on
Page 43 of 269
FCM 613,241.7440 LL/25/2009 2:40:10 PM PAGE ZlOO3 Fax Server
lf you have any questions about our climate change position, or about our participation in COP'|5, please
contact Shannon Watt, FCM's Policy Advisor on environmental issues, at swatt(ôfcm.ca or 613-907-
6230.
THE FOIIOWING EIIERGENCY RESOLUTION WAS ADOPTED AT THE NOVEÍIIBER
2OO9 MEETING OF THE FCII NATIONAL BOARD OF DIRECTORS
Resolutions are placed in one of live cateoories.
ENV09.4.08
LEADERSHIP ON CLIMATE CHANGE ACTION
WHEREAS a global reduction in the emissions of carbon dioxide (COz) and its significant
contribution to the creation of greenhouse gases (GHG) is necessary to slow climate change
and reduce the risks to our economy, human heatth, the physícalenvironment and qualÍty of lÍfe;
WHEREAS human activities have caused a dramatic increase in the amount of carbon dioxide
(COz) Ín the earth's atmosphere. Since the mid 1700s, the concentration of COz has risen from
about 280 parts per millÍon (ppm) to reach 387 ppm Ín 2009. This amount is lÍkely the highest
concenlration in the atmosphere in the past 20 million years;
WHEREAS evidence presented in the Intergovernmental Panel of Climate Change (IPCC)
November 2OO7 reporl indicates that "Warming of the climate system is unequivocal, as is now
evÍdent from observations of increases in global average air and ocean temperatures,
widespread melting of snow and ice and rising global average sea level" and "Most of the
observed increase Ín global average temperatures since the mid-20' century Ís very likely due
to the observed increase in anthropogenic GHG concentrations. lt is likely that there has been
significant anthropogenic warming over the past 50 years averaged over each continent(except
Antarctica)." ;
WHEREAS reducing greenhouse gases makes economic sense. New and improved
ínfrastructure, renewable energy technologies, energy efficiency, energy conservation, waste
reduction, building retrofits, transit, walking, cycling, water conservation, better fleet
management, more effective wastewater treatment and distríbution, etc., can reduce short-term
and/or long-term municipaloperating costs and help maintain community services, while having
a positive impact on the environment ;
WHEREAS the impacts of climate change as well as the responsÍbílity for mitigation will fall
primaríly on munÍcipalities;
WHEREAS municipalÍtÍes are leaders among governments in Canada when it comes to making
climate change a priority;
WHEREAS in December, national governments from around the world will meet in
Copenhagen, Denmark to negotÍate terms and conditions of a new global climate agreement;
WHEREAS local community based emission reductions can be lower cost compared to many
other approaches, while also provídíng important social, economic, and environmental benefits
to citizens and busÍnesses;
Correspondence dated November 24, 2009 from Federation of
Canadian Municipalities regarding "Municipal Leadership on
Page 44 of 269
FCM 613.241.7440 LL/25/2009 2:40:10 PM PAGE 3/003 Fax Server
WHEREAS mayors and municípal leaders responsible for the well-being of communíties across
Canada have urged federal and provinciaUterritorial governments to make climate protection a
priority;
WHEREAS the Federation of Canadian Municipalities (FCM) continues to support the 2005
World Mayors and Municipal Leaders DeclaratÍon on Climate Ghange eommitting munieipal
governments, each according to their individual circumstiances and abÍlitÍes, to reduce
greenhouse gas emissions by 30 per cent from 1990 levels by 2020 and by 80 percent by 2050;
WHEREAS the FCM has climate change as a strategic priorÍty and has numerous programs
and committees such as the Green Municipal Funds and the Partners for Climate Protection
Program, that support munÍcipalleadership on climate change actÍon;
WHEREAS Minister Baird re-affirmed the Government of Canada's posÍtion in the House of
Commons on November 18, 2009 when he said, "We need to have real and meaningfulactíon.
We need to have allthe big players on board. Canada Ís committed to doing our part to make a
deal happen in Copenhagen."
BE lT RESOLVED THAT the Federation of Canadian Municipalities support the Government of canada's
commitment to achieve a deal wilh real and meaningful act¡on in Gopenhagen.
BE lT FURTHER RESOLVED that the Federation of Canadian Municipalities urge the federal
government to recognize the importanl role that municipalities play in providing practical local solutions
for reducing greenhouse gas emissions.
BE tT FURTHER RESOLVED that the Federation of Canadian Municipalities urge the federal
government to partner with and support municipalities in undertaking emission reduc'tion projects.
BE lT FURTHER RESOLVED that the Federation of Canadian Municipalities urge the Government of
Canada to seek the re-¡nclusion of references to the role of and support for local government cl¡mate
change action in the latest negotiating text of the Conference of the Parties, leading up to the
Gopenhagen meetings in December 2009.
City of London, Ontario
Rqional Mu nicipality of Halton
Categoly *4"
Correspondence dated November 24, 2009 from Federation of
Canadian Municipalities regarding "Municipal Leadership on
Page 45 of 269
Page 46 of 269
I ub'.|ß t!cÈ.
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One -â The Public Sector
Group of Funds
3'd Quarter 2oo9
Performance Report
The One Funds is a munícípal pooled investment program desígned
specífically for the publíc sector, wíth a primary focus toward Ontario
municipalities. Established în t993, the program is jointly operated by LAS
(a subsidíary of the Association of Municipalitíes of Ontario) and CHUMS
(a subsídíary of the Municipal Finance Officers'Association of Ontarío).
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2009 Third Quarter Performance Report from One - the Public
Sector Group of Funds". File: F12
Page 47 of 269
. Total One Funds investment at September 30, 2009 was SSZ6w. This exceeded any similar period
closing balance this decade.
. Total Onelu¡d aveta
compared to comparable 2008 balances.
. One year returns (at September 30, 2009)for the Money Market Fund were 1.77%; this led the
Bank Prime less L.75% return by 62 basis points.
. Average one and two year Bond Fund returns for all 2009 month ends exceeded all comparable
period returns since 2002.
. The Equity Fund posted a nominalQ3 return of 7.t4% and remains7.96% ahead of theS&PTSX
Composite since Fund inception (at January 2OO7).
. The YTD nominal return for the Universe Corporate Bond Fund was9.71%.
. The One Funds have welcomed four new investors to the program in 2009:Town of Kirkland Lake,
Town of St. Marys, Municipality of Wawa, and the Halton Region Conservation Authority
. lnvestment Basics seminars offered by MFOA and LAS have attracted 129 attendees. These
sessions emphasized the option related to leverage investments within a municipal investment
portfolio. Keep an eye out for additional educational opportunities from MFOA/LAS.
o Did you know? The One Funds is an eligible investment option not only for Ontario municipolities,
but also conservotion authorities, DSSABs, ond college foundations.
e,-t
i
2009 Third Quarter Performance Report from One - the Public
Sector Group of Funds". File: F12
Page 48 of 269
2009 continues to be a very strong year for the One Funds as fund balances continue to grow. The below
charts shows that average total funds invested for 2009 as at the end of Q3 was 54851v1, exceeding the similar
2008 balance by Sggfvl or 2O.5Yo, and the average YTD balance from 2001- to 2008 by $fOgN4 or 27%. On an
individual percentage basisthe Money Market and Equity Fund average YTD balances are up 23%and37%
respectively over 2008. Q3 closing balances for the Money Market, Bond, Equity and Universe Corporate Bond
Funds were S307M, St5tM and S59M and S9M respectively.
One Fund YTD Average Balances Ending Q3
r Mone'f M¡rtet
I Bo{rd
r Equlty
I CorporÊte Bond
¡Tot¡l
The chart below illustrates the One Funds profile across the four available portfolio options. ln 2009 the One
Funds welcomed additional investors to the Money Market and Bond Funds, and two new participants have
made Universe Corporate Bond Fund deposits. One investor withdrew their investment from the Equity Fund
in 2009 but the decision to withdraw is a temporary measure and the municipality is planning to reinvest.
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One Funds' Profile - Sept. 30, 2009
(Balances ¡n S M¡llions)
MM Bond UCB Equity
Pa rtici pants 65 49 3 LT
Accounts 123 113 3 16
Av Balance/Participant 54.7 5:.r Sz.g Ss.¿
Ba lance SEoz.o s1s 1.3 5s.o Sss.z
2009 Third Quarter Performance Report from One - the Public
Sector Group of Funds". File: F12
Page 49 of 269
Total One Fund lnvestment by Municipal Deposit at Sept. 30, 2009
lnvestment M u nicipa I
Pa rtic i pa nts
Total Deposit
in Range
Avg, Deposit
in Range
% of Total
Deposit
Less than $100K 9 5297,070 5:s,oos o.06%
S100K to 5500K I4 s3,676,636 5262,677 0.70%
SsooK ro 51M I4 s7r,094,264 s792,447 2.77%
Srvr to Ssv 30 s80,02s,323 s2,667,51t 15.2t%
Greater than 55M 20 543r,026,976 s2t,ssr,349 81,93%
Totals 87 5526,720,268 700.00%
The following chart shows One Funds investment across a variety of deposit ranges. lnvestor accounts within
each of the four Fund portfolios have been summed forthe purposes of this illustration.
This chart provides some interesting findings:
. About 20% ol Ontario's 444 municipalities currently utilize the various investment portfolios
offered by the One Funds, including the four new investors that have enrolled in 2009.
. The largest twenty One Funds participants have total deposits of $4gf Vl; this represents almost
82o/o of the total One Funds balances as at September 30, 2009.
. Of this group of twenty investors, the population bases are fairly representative of all One Funds
investors:
. Eight of the twenty largest One Fund investors have populations of less than
5O,OOO and represent a total deposit of 5221M, or 52% of the total of S431M held
by the largest investors
. Four of the largest investors have populations between 50,000 and l-00,000;they
represent a total deposit of S47M, or IL% of the S+gllvl.
. The other eight largest investors have populatíons exceeding 100,000; they
account for the remaining Sf6¡v invested, or 37% of the 5¿Sf v.
The One Funds demographic is representative of the demographic of all Ontario municipalities. There is no
minimum size for a municipality to benefit from the One Funds, and many larger municipalities still leverage
the professionalfund management and portfolio offerings of the One Funds to enhance their investment
programs.
2009 Third Quarter Performance Report from One - the Public
Sector Group of Funds". File: F12
Page 50 of 269
The Money Market Fund has continued to outperform the Bank Prime less L75% comparator throughout
2009. At the end of Q3 2009 the One Money Market 2009 annualized return of 0.84% was 6 basis points
ahead of the Bank Prime less 1.75% return.
At the end of Q3 2009, the one year Money Market Fund return was 1.77% compared to the Prime less1,.75%
return of only t.ts%. This represents a 62 basis point advantage for the One Funds.
One Money Market vs. Prime Less 1.75olo
2,5r
7,W
1,5r5
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0,09t
{.393
J¡n49 FÊb{g M¡r{l Ápr{It May{9 Jun{g Ju¡{g AUE{g Sep# fTD I YÊår
rOn¡ Ìþnry M¡rlçt r Bant Prlme' 1.7591
The chart below illustrates one year Money Market Fund returns compared to the Prime less L.75% return for
all month end periods between January 2008 and September 2009. The Money Market Fund outperformed
the bank alternative by an average of 38 basis points for all month ends in 2008, with the out-performance
growing to 65 basis points for month ends in 2009.
One Year ONE Money Market Returns vs. Prime Less 1.75olo
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5tc
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C llM a B.Prime le¡¡ LIl,f
.f
1{F
2009 Third Quarter Performance Report from One - the Public
Sector Group of Funds". File: F12
Page 51 of 269
At the end of Q3 both one and two year Bond Fund returns continued to be stronger than both last year's
performance and available bank returns.
The one year Bond Fund returns for Q3 (July, August and September) were 6.69%o, 6.67% and 7.67%
respectively.
Bond Fund One Year Returns for months ending in 2006, 2007 ,2008 and 2009
EË
7X
6r
5r
4X
3r
2X
ls
"q- .*I+ \.f \')\ *+$ +q É
r 2m6 r 2m7 I zmB r 2009
È.d sú
One year Bond Fund returns for all month ends in 2006 through to Q3 2009 are illustrated in the chart above.
The average of all month end one year Fund returns in 2009 is7.LI%, which is higherthan any annualaverage
since 2001.
Two year One Bond Fund returns are shown in the chart below. The two year returns for month ends in Q3
2009 were 6.73% (July), 6.67% (August), and6.44% (September).
ln addition, collective month-end two year Bond Fund returns in 2009 have averaged 6.44%o, higher than any
similar annual average since 2002.
Bond Fund Two Year Returns for months ending in 2006, 2OO7,2008 and 2009
8lÉ
796
ı?É
59ß
¡19É
3?6
2r4
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tot'\ô+-!*'
c
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r ¡(p6 r 2m7 I ilD8 r 2(þ9
2009 Third Quarter Performance Report from One - the Public
Sector Group of Funds". File: F12
Page 52 of 269
2009 Q3 ONE Equity vs. TSX and Benchmark Returns
Au3{l S.Ê0f Q¡¡06qrrü¡Hftil hDêrud¡dvr
rßX rrllX60 rOmEquftyFurd rûreBetchrprlc
ln Q3 Canadian equities made strong gains and continued the recovery from their March 2009 lows. The S&P
TsXcompositeindexwasupg.s3%forthequarterand26.TS%YTDasattheendofQ32009. TheOneEquity
Fund gained 7.14% in Q3 and was up 21,.75% YTD at September 30. The One Equity Fund did not match the
dramaticincreaseoftheTSXinrecentmonthshoweverthisisconsistentwiththeprogramdesign. TheFund
Managers carefully manage the portfolio to the Fund Guidelines and do not make knee jerk decisions related
to commodity investment selections in dramatically rising or falling markets.
ONE Equity Returns vs. Canadian Equity
lndices (inception January 2007 to June 2009)
The graph to the left illustrates
Equity Fund returns compared
to the S&P TSX Composite, TSX
60, and the Fund Benchmark,
for all quarterly periods since
Fund inception at January 20O7.
As at September 30, 2009,
the Equity Fund was down
3.87% on a cumulative basis
since inception. The Fund
has however continued to
outperform the TSX Composite
which was down LL.83% for the
same period.
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Attached to this update as Appendix A, is an update from the One Funds related to why equity investment
through the One Funds is still an appropriate option for any municipality, even given current tough economic
times. The Equity Fund offers the possibility of increased investment returns for investments with a duration
of greater than 5 years.
2009 Third Quarter Performance Report from One - the Public
Sector Group of Funds". File: F12
Page 53 of 269
The chart at the right provides all 2009 monthly nominal returns for the Universe Corporate Bond Fund. As
Corporate Bond spreads - that is corporate yields compared to government bond yields for comparable
durations - have begun to narrow because of the slowly recovering economy, the Universe Corporate Bond
Fund has provided strong returns for investors. ln 2009 the cumulative YTD nominal return for the Fund is
9.7r%.
Although creditspreads are returningto more normal levelsthere is stillsome additional performance
available through investment in corporate bonds, for municipal monies with an investment duration of 4 years
or longer. This investment opportunity is only available through the One Funds.
Universe Corporate Bond Fund Returns (Nom¡nal Returns for Months ending in 2009)
1,ûtÉ
1.s*
1.O1ú
o.596
o.o$
€.58
-1.0tú
Irn49 Frb-0Ð Mm{9 Apr-09 MrÉ9 Jun{9 lulS9 Aug49 Srp49
2009 Third Quarter Performance Report from One - the Public
Sector Group of Funds". File: F12
Page 54 of 269
l-â,5 t
MFOA/TFIUTdS
B0rnl*
Cusloclen
¡CnC Hrlon|
bïebsdt
AtrIfIgrstËf
The One Funds program is jointly operated by LAS (a subsidiary of the Association of Municipalities of Ontario)
andCHUMS(asubsidiaryoftheMunicipal FinanceOfficers'Associationof Ontario), Programoversightis
provided by the LAS and MFOA/CHUMS Board of Directors as well as by the One Funds Advisory Committee.
These groups are all comprised of municipal officials with a range of expertise.
Executive management of the program and day-to-day operations are managed by CHUMS and LAS (One
Funds)staff, butthe services of a professional 3rd party investment consultant are regularly utilized.
To ensure that the One Funds offers all investors professional and worthwhile investment portfolios, we
utilize the professional investment management services of Mclean Budden and Guardian Capital LP, These
firmswere both chosen bythe One Funds aftera comprehensive revíew process. The performance of these
organizations is regularly reviewed bythe One FundsAdvisory Committee and our3rd party investment
consultant. Our Fund Managers work with our custodian/record keeper to keep all investor holdings current,
and our website administrator liaises with the custodian/record keeper on a daily basis to keep all online
investor information cu rrent.
s¡
; Executive
iLåSnid& ÊHULlS
2009 Third Quarter Performance Report from One - the Public
Sector Group of Funds". File: F12
Page 55 of 269
AppENDrxA:
EeurTY UpnATE FoR OxE
FUNDS IrrnæsroRs
Aucusr 2OO9
10
2009 Third Quarter Performance Report from One - the Public
Sector Group of Funds". File: F12
Page 56 of 269
From the peak of the Canadian stock market in June 2008 to its recent low in March 2009, the S&P/TSX
Composite lndex lost 49%of its value. With such a decline one could be forgiven for asking some fundamental
questíons about the investments that they have made to equities, especially given that these are public
monies.
To help address these concerns we have responded to some of the more frequently asked questions we have
heard from our clients and other municipalities:
If the stock market is so risky, should municipalities invest in equities at oll?
There is little doubt that the stock market is volatile. While this concept is well understood, it is important to
remember that equity ownership allows you to benefit from the growth of the economy through the partial
'shared'ownershipofacompany. Whiletherecentdropinthestockmarketisareflectionoftheconcerns
over slower economic growth, the drop in the quoted market value doesn't change the fact that the One
Equity Fund continues to own shares in strong and growing companies. As a long term investor, we believe
that the growing profits generated by these companies will far outstrip returns possible from fixed income
secu rities.
It is also important to remember that while the stock market moves in cycles, over time investors benefit from
the growth of the ever increasing size of the economy. ln the illustration below, we show the progress of the
S&P/TSX Composite lndex over a full market cycle: peak-to-peak or trough-to-trough.
This chart shows that regardless of the perspective you take, peaks and troughs are typically higher than the
previous cycle, ln addition, this analysis does not include dividends or their re-investment. Currently the S&P/
TSX Composite yields about 3.1%.
Another strategy that makes equity investment palatable for municipalities is rebalancing; this is one of
the most effective ways of dealing with the market's cyclical nature. This strategy is straightforward and is
employed by most pension plans as it is a proven and effective method of boosting returns. Over time as
stocks outperform bonds, an investment portfolio will deviate from a target mix. The rebalancing strategy
requires that the portfolio be moved back to its target mix once it has deviated from the target mix by a
certain threshold. ln the current investment environment, the rebalancing strategy for most portfolios would
be suggesting a move back into equities. This demonstrates an opportunity for municipal investment growth
in the longer term.
ô
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1',|
2009 Third Quarter Performance Report from One - the Public
Sector Group of Funds". File: F12
Page 57 of 269
What is unique about the One Funds Equity Fund?
The Canadian equity market is somewhat unique by internationalstandards in that our markets are
dominated by just a few sectors. At the end of June, for example, Energy and Materials together represented
just under half of the weight of the S&P/TSX Composite. lf these sectors are combined with Financials, the
lndex has more than three quarters of its weight in just three groups, For investors, this represents a dilemma.
lf a portfolio manager is to provide a higher return than the lndex, they will logically need to (at times)
overweight sectors that have the best return prospects. However, with the Energy sector weight at283% of
the S&P/TSX Composite, and the Financialsector at3O.8Yo, overweightingthese sectors can mean higher risks
to the portfolio. The One Equity Fund was designed to address this problem and has done so quite handíly.
The One Equity Fund is the only portfolio of its kind in Canada. The portfolio structure was designed to
address the issue of high concentrations in the Canadian equity markets by constructing a hybrid benchmark.
Rather than using the S&P/TSX Composite lndex, the Benchmark is based on the World lndex sector weights
and the returns of the S&P/TSX Composite lndex. Essentially, the domestic lndex is re-weighted tothe most
broadly diversified lndex in the world - the Morgan Stanley World lndex.
By taking this approach, the One Fund's portfolio manager, Guardian Capital, is able to over or underweight
sectors without undue risk, This strategy has been particularly successful during the volatile period of recent
months.
Tell me about your investment mondge4 Guordian Copitol?
ln managing Canadian equities, Guardian believes that companies which have above average revenue and
earnings growth and an above average return-on-equíty provide better results over longer periods of time
when purchased at reasonable prices. They are risk conscious managers and that is why they are a good fit for
the One Equity Fund portfolio.
Guardían seeks out quality companies with strong balance sheet positions, superior management teams
and consistent longterm track records. Portfolio Risk is controlled by appropriate diversification within the
portfolio,
Has the One Fund Approach been successful?
Yes. Since Fund inception at January 2O07 the Fund's customized Benchmark has outperformed the S&P/
TSX Composite lndex. ln addition, risk (as measured by the standard deviation) is lower for the customized
benchmark than for the S&P/TSX Composite lndex. We have achieved the Fund objective of maximizing
return and minimizing risk for 5+ year municipal investments.
Guardian Capital has also outperformed the customized benchmark by more than2% per annum (since
inception) with less risk.
Since mid-March, the stock markets have risen considerably. ls this the start of a new bull market?
Historically, the more rapid the rate of economic decline in a recession, the quicker the rate of recovery has
tended to be. Given that economic activity almost ceased during the last quarter of 2008 and into the early
months of 2OO9, it should not be difficult to show rapid month-over-month or quarter-over-quarter gains later
this year. Year-over-year gains will however be initially harder to come by,
12
2009 Third Quarter Performance Report from One - the Public
Sector Group of Funds". File: F12
Page 58 of 269
ln any event, it is difficult to see sustained above-average growth from either the U.S. or Europe. Canada
seems positioned as wellas any industrialized nation on the condition that China and other emerging nations
are able to maintain their recovery paths.
From the bottom of the market in March 2009 to the recent highs in June the stock market has risen 40%.
lf this is simply a bear market bounce, it will have been the 3rd biggest since 19001 However, a bear market
rally would be inconsistent with the strength that we are seeing in a variety of leading economic indicators.
Although it appears that important stock market lows were made in early March in both Canada and the
United States, we think ¡nvestors are now beginning to demand evidence of sustainable economic gains.
Whdt dre the positíve ønd negotive risks in the current economy?
Downside Risks. Banks are unable or unwilling to lend.
. Consumers unable or unwilling to borrow.. Savings rate rising back to historical norms of 8-LO% or higher? lf so spending will drop.
. U.S. stimulus package: if it doesn't work is there any more that can be applied?
. Each successive recession since L990 has been harder to restart.
. Commodity price rise: China stock-piling.
. Are Central banks and governments boxed in?
. ls there too much debt and too much money printing?
Upside lnvestment Opportunity. Financial death spiral and default contagion appears to be over.
. Credit spreads contracting: debt and stock issues refinancing companies.
. Economic statistics are improving.
. Recession already long by post war standards.. Monetary policy very accommodative.. China and lndia: monetary and fiscal policy should work: Less indebted, better demographics, less
urbanized, unsaturated dema nd.
. Cost cutting at corporations: operating leverage when demand recovers.
. Low safe haven risk-free investment hurdle,
. Dividend yields are high.
. Cash on the sidelines
lf you have any questions about equity investment opportunities for your municipality or wish to learn more
about the One Funds Equity Fund please contact:
Tom Bradbury - tbardbury@mfoa.on,ca or
Jason Hagan - jhagan@amo.on.ca.
13
2009 Third Quarter Performance Report from One - the Public
Sector Group of Funds". File: F12
Page 59 of 269
www.oJlef u nds.net
For more information about the One Funds or any of our investment products please visit our website
of contact!
One Funds
2169 Queen Street East
2nd Floor
Toronto ON M4L Ul
Phone: (416) 362-9001 I Toll Free: 1-800-450-7177
Fax: (416) 362-9226
PolicyAdviso
001 ext.222
c
't4
2009 Third Quarter Performance Report from One - the Public
Sector Group of Funds". File: F12
Page 60 of 269
An agency of the Government of Ontario
10 Adelaide Street East
Toronto, Ontario M5C 1J3
Telephone: 41 6-325-5000Fax :416-325-5071
www. heritagetrust. on. ca
November 6,2009
Kyle Kruger
Administrator
Municipality of Bayham
9344Plank Road
PO Box 160
Straffordville, ON NOJ 1Y0
Rot
Dear Mr. Kruger:
The Ontario Heritage Trust is the Province of Ontario's lead heritage agency. It is entrusted with
identifring, preserving, protecting and promoting Ontario's built, cultural and natural heritage for
the benefit of present and future generations.
I am writing to tell you about the release of an exciting new online resource developed by the Trust -
Ontario's Places of Worship.
www. he rita getrust.on.calplacesofworsh ¡ p
The Trust has assembled documentation on thousands of churches, synagogues, mosques, temples
and meeting houses, as well as historic persons, events and themes spanning more than 85 religious
traditions and more than 400 years of Ontario's history. To date, more than 2,000 religious buildings
across the province have been uploaded to the online inventory. Over the next year, the addition of
records to the inventory will continue, and it is expected to house more than 5,000 records
accompanied by over 20,000 images. 'We have assembled this data using existing municipal
inventories, local histories and by traveling to communities across the province. I hope you will visit
the website to look for places of worship within your region. The website is interactive, and I
encorrage you to provide input using the online feedback mechanisms built into the website.
The inventory is intended to give communities basic information about places of worship in their
area, to assist them in making informed decisions about which ones possess cultural heritage value,
which are representative, rare or unique and which should be recognized through listing or
designation.
Correspondence dated November 6, 2009 from Ontario Heritage
Trust regarding "Ontario's Places of Worship". File: R01
Page 61 of 269
Correspondence dated November 6, 2009 from Ontario Heritage
Trust regarding "Ontario's Places of Worship". File: R01
Page 62 of 269
A mes om The FlonoufableLinc . A1exan deg Chairman
Statistics on Ontar¡o's population show a broad diversity of faith groups, perhaps the widest
range in Canada, representing faiths from across the globe. Almost as diverse are Ontariob
religious buildings - from intimate wood frame structures to massive cathedrals and mosques of
stone, brick and marble - which vary with each region and culture. These places of worship are
significant local expressions of, and testaments to, faith.
Ontario's places of worship form a substantial part of this provinceb cultural heritage. They
tell us about the history of settlement, the role that faith plays in our culture and about our
changing religious demographics.
They also play a key role in OntarioS communities. ln addition to their religious role, they
act as community and cultural hubs, accommodate local social services and bring people
togetheç offering assistance when times get difficult.
Historic places of worship, however, are increasingly at risk. Older buildings have fallen into
disrepair due to deferred maintenance. ln addition, many Christian congregations are decreasing in numbers while other faith
groups are growing rapidly. ln the face of these challenges, a growing number of faith communities are selling their properties,
consolidating and sharing facilities or modifying their buildings to meet changing needs.
This problem is not unique to Ontario. Provinces nation wide are reporting similar challenges in conserving historic
religious architecture. Decision makers in faith communities have identified challenges in maintaining their buildings and in
finding appropriate adaptive reuse options. The Trust continues to work with other provinces, organizations and individuals to
share information and to assist one another in developing meaningful tools and resources.
The Ontario Heritage Trust wants to assist communities and faith groups in being proactive in protecting the significant
heritage elements of their places of worship. Since 2006, with financial assistance from the Ontario Ministry of Culture, the
Trust has been closely studying emerging trends in religion and the preservation and adaptation of the province's religious
heritage, and developing art extensive inventory of Ontario3 places of worship. The ¡nventory is a public resource that will
assist academics, community planners. faith groups and governments to identify, evaluate, preserve. use and reuse the
religious buildings in their communities.
I invite you to celebrate these significant structures with us. Visiting and using Ontarios places of worship will keep them alive
and viable to ensure they will continue to play an important and active role in communities across Ontario.
The Ontario government is proud to suppoft the Ontario Heritage Trust3 work in obtaining
and developing a public inventory of Ontario's places of worship. The Trusts new inventory will
serve as an important tool in understanding the scope of Ontario's religious heritage, while
providing an opportunity for visitors to explore and identify significant elements of these
impoftant places.
Aileen Carroll, Ontario Minister of Culture
o
eo
d
o
øE€
,J'
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oo
L
Correspondence dated November 6, 2009 from Ontario Heritage
Trust regarding "Ontario's Places of Worship". File: R01
Page 63 of 269
Launchirg the P1aces
of Worship Iruentory
Trust Researcher Erin Semande (left) and planner
Laura Hatcher conducting fieldwork for 0ntario's
Places of Worship lnventory
Survey, documentation and research - these are the first
steps in the conservation process. How can decisions be
made about our heritage without first acquiring a
comprehensive understanding of its breadth, history and
condition? For several years, the Ontario Heritage Trust has been assembling critical information on the
province's religious architecture - specifically its houses of worship. This special edition of Heritage Matters
highlights some of the key issues arising from, and addressed by, Ontario's Places of Worship lnventory.
The Trust has assembled documentation on thousands of churches, synagogues, mosques, temples and
meeting houses, as well as historic persons, events and themes spanning more than 85 religious traditions and
over 400 years of Ontario's history. The inventory is as inclusive as possible, but for pragmatic reasons we have
limited the study to purpose-built houses of worship more than 25 years old. Some of these sites have already
been identified by federal, provincial and municipal governments; others have been recognized by architectural
historians, local plaques and markers, walking tours and Doors Open Ontario events. The vast majority of these
identified places of worship, however, are unknown and unappreciated outside their immediate communities.
They include vernacular masterpieces, postwar gems of modern architecture and new architectural forms and
expressions associated with the diverse range of faiths that reflect and contribute to Ontario's remarkable
multicultural society.
The information in the inventory has been collected from a variety of public sources, including: municipal.
provincial and federal heritage inventories; local histories and architectural publications; Doors Open Ontario
participation; local walking tours and commemorative programs. These and other secondary sources have been
augmented by fieldwork and photography.
Fieldwork, undeftaken in every region of the province, includes sites still in religious use as well as former
places of worship that have been converted to new uses, such as theatres, community centres, museums,
galleries, retail stores and residences.
The Places of Worship lnventory is a work in progress. lt is designed to be participatory and we encourage
the public to tell us more about the sites listed. Aspects of the project will be launched in phases on the Trustb
website as additional sites are inventoried and research continues, with feedback from our partners, local
historians, faith communities and the public.
The Trust is pleased to launch this new resource. We hope it will prove useful to academics and researchers,
owners and property managers, heritage advocates and planners. Most significant, the inventory provides
objective, useful information that will help municipal councils make decisions about protecting the province's
religious heritage.
I wish to thank the Ministry of Culture for its financial assistance and ongoing support for the development
of this significant inventory and planning resource. As well, I wish to thank the many students, municipal
partners, volunteers and members of faith communities who have shared information with us to make this
unprecedented inventory so successful. I encourage you to visit www.heritagetrust.on.calplacesofworship
to find out more about OntarioS impressive religious history and places of worship.
Richard Moorhouse is the Executive Direaor of the Ontario Heritage Trust.
Correspondence dated November 6, 2009 from Ontario Heritage
Trust regarding "Ontario's Places of Worship". File: R01
Page 64 of 269
J
From Waste to Worth: the Role of Waste Diversion in the Green Êo+Economy
INVITATION TO A MUNICIPAL STAKEHOLDER CONSULTATION
Dear Sir/Madam:
I am writing to invite you to participate in the next stage of Ontario's review of the Waste
Diversion Act.
We are looking for your feedback on the proposals contained in the Ministe/s Report
From Waste to Wo¡úh: the Role of Waste Diversion in the Green Economy. These
proposals reflect what we heard through our previous consultations and will form the
basis for a revised waste diversion framework in Ontario.
This consultation provides municipalities with an opportunity to share with the Ministry
your perspectives on the proposals in the Minister's Report.
You are invited to participate in one of the following sessions:
THUNDER BAY
Friday, December 11th, 2OO9
8:30 AM - 12=30
West Thunder Gommunity Centre, Room I
915 South Edward Street
Thunder Bay, Ontario P7E 6R2
LONDON
Monday, Decembe r 14th, 2OO9
8:304M - 12:30
London Civic Gardens, Birch Room
645 Springbank Drive
London, Ontario N6K 4Tl
OTTAWA
Thursday, Decemb er 17th, 2009
8:30 AM - 12:30 PM
City Hall - Cotonet By Room,2nd Floor
I l0 Laurier Avenue West
Ottawa, Ontario KlP lJl
Correspondence from Ontario Ministry of the Environment Waste
Management Policy Branch regarding "Invitation to a Municipal
Page 65 of 269
You can RSVP by emailto: moe.wda.review@ontario.ca or by calling our registration
line at 416-314-4351. Please RSVP by Wednesday December 2,2009.
When you register, please provide the following information:
. Name. Municipalityo Position titleo E-mail address and telephone number
I encourage you to read the Minister's report on the WDA review in advance of the
meeting. lt is available at www.ebr.gov.on.ca (registry number 010-8164).
We look forward to collaborating with you on this important initiative. Your participation
and feedback is greatly appreciated.
Sincerely,
ORIGINAL SIGNED BY
John Vidan
Director
Waste Management Policy Branch
Ontario Ministry of the Environment
Correspondence from Ontario Ministry of the Environment Waste
Management Policy Branch regarding "Invitation to a Municipal
Page 66 of 269
Brenda Gibbons f"-,
From:
Sent:
To:
Subject:
Lynda Millard
Monday, November 23,2009 11:52 AM
Brenda Gibbons
FW: Chickens in Bayham
-----Original Message-----
From : rogers 1 65lGamtelecom. net [maiJ-to : rogers 1 65 1G amte]-ecom. net lSent: November 18, 2009 1:07 PM
To: Kyle Kruger
Subject: RE: Chickens in Bayham
Dear Mr. Kruger:
I am writing in support of the concerns voiced by Mr. Redsel-l- over the manner in which
complaints regarding his property have been handled by Mr.
Groenewald. fthat f have heard and read from Mr. Redsel-l- does appear to be unfounded
harrassment rather than efficient administration of existing by-J-aws. However, my opinion
is based on one-sided information, as I have not heard what Mr. Groenewafd has to say.
I al-so am writing to support your suggestion of a method to deal- with his concerns which
is more likely to bear fruit, that is a written l-etter from Mr. Redsel-l- to the
Municipality for your office to address.
I would l-ike to add my support for the concept of a munj-cipal plebiscite to determine the
legality of chickens. As a schoofteacher, I always had a variety of pets for my students,
including mice, birds, and one year even a tarantula. I would l-ove to have two chickens
myself.
I hope that a win-win solution for all will be speedily achieved.
Regards,
Marion Rogers
Email correspondence dated November 18, 2009 from Marion
Rogers regarding "Chickens in Bayham". File: P16
Page 67 of 269
Page 68 of 269
8-n.',1 A/tt /1, JÒÔ?
Several people have requested I address council in regard to the issue of keeping chickens in
urban areas of Bayham. While it seems like a simple enough thing to regulate how many and
r:nder what coflditions chickens be kept. I feel the issue has degenerated into an unfortunate
conflict involving name calling and personal issues that are not really part of the issue at hand.
The long and involved bylaw proposed shows a good deal of work by Paul in preparing the draft
however I feel it is ontirely too complex and encompassing for Bayham- Iæts allow people tlre
few fteedoms they still enjoy including the right to grow at least part of their own food if they
so desire. Eggs still a¡e the nearly perfect food.
I have taken the liberty of composing a very simple bylaw that just regulates the keeping of
chickens. ldon't believe we really need all the rest and who will enforce all those regulations.
So here is my bylawwhich could be sligbtlymodified .
Be it adopted that the keeping of chickens in the Municipality of Bayham shall be regulated by
this bylaw.
-That the number of chickens shall not exceed 4 per household or proPerty.
-That they be housed in a suitably constructed, athactive and well maintained structure in the rear
yard.
-That the stucturc be suitably shielded from view from the neighboring properties.
-That no roosters be allowed to be kept.
-That if the chickens are allowed out of their cages, the back yard must be securely fenced and
screened to prevent their escape and that their wings be clipped to prevent their flying.
-The key subjective phrases in this bylaw; notable: "suitably constructed, athactive and well
maintained, and suitably shielded from neighboring properties, " are to be interpreted and
enforced at the discretion of the bylaw officer of the Mrmicipalþ of bayham.
Any conflicts that can not be resolved will result in a $50 fine for the first offence after a warning
and one week to comply. Subsequent increments of $100 in the fine for every additional cited
offence, after l0 day intervals.
If the keeper of the chickens fails to comply with the bylaw after the 4ú offence, they shall be
required to get rid of the said chickens within 30 days.
Thank you for considering my input on this issue.
Sincerely, RonAllensen
Correspondence received November 19, 2009 from Ron
Allensen regarding "Chickens in Bayham". File: P16
Page 69 of 269
Page 70 of 269
November 28,2009
Municipality of Bayham Council
P.O. Box 1ô0
9344 Plank Road
Straffordville, ON
NOJ 1YO
Ë0
/vOy 3
I,IIU NI c IP /rLITY
O F 8 AY H .4rvl
I have been following the antics of the Pilgrims of Estherville in silence since the
beginning. I wish to úoice, in the strongest of terms, that enough is enough. As a
Aalnamiesident and taxpayer I suggest that way too much time and effort has been
spent at the expense of other issues in the community.
There is no problem here. There are no graves under the cucumber pole barn and there
is no mysterìous error in the property lines because of Highway 19 reconstruction all
those yêats ago. Fences and property lines have not been creeping around when
nobody was lıoking; they are where they have always been. lnexplicable, non recorded
grauei deduced by a "wúcher" swinging a paperclip over a photograph (see Tillsonburg
Ñ"*r, April2T ,2obg) is not sufficieñt evidence to disrupt the peaceful existence of land
owners who just want to get on with their lives and earn a living.
I ask you Pilgrims of Estherville: do you not respect the decisions and works of your
ancestorsZ Step by step, decision by decision they created the situation that exists
today. Do you not in¡nf they did what was right at the time to the best of their ability? Do
you accuse them of losing or intentionally obscuring graves? These are the very
descendants of those whóse graves you say are being disturbed. Surely they would not
have let that happen.
Further, there is talk about using provincial legislation, the Boundaries Act or even
expropriating land to solve individual resident's boundary questions. I trust Council will
not engage in spending public money on these sorts of actions. The surveyed limits of
any lands near Plank Road /former Highway 19 are the responsibility of the owners.
They had opportunity to confirm title and the extent of the limits of their land when they
purchased it. To ask for assistance from the Municipality is contrary to what occurs
elsewhere in the Province.
There is no conspiracy. The authorities have been presented with the evidence. Had it
been credible, they would have acted on it. lt is not, so they did not. Bayham council
and municipal staff have been extremely professional and I commend them on their
patience.
Please, drop this issue so precious time and resources can be spent working for the
advancement of all Bayham residents.
Yours truly,
B. W. Carlyle
Correspondence dated November 28, 2009 from B.W. Carlyle
regarding "Pilgrims of Estherville". File: S09
Page 71 of 269
Page 72 of 269
L.¿'
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council DATE: Nov.27,2009
FROM: Planning Coordinator/Deputy Clerk FILE: D08.OPREV08
SUBJECT: Official Plan S-Year Review NUMBERzD2009-43
Open House at 4-6pm on Dec. 3/09
Public Meeting at7z30 pm on Dec 3/09
Purpose
The purpose of this rqrort is to present for adoption the final draft of the amended Official Plan for
submission to the Ministry of Municþal Affairs & Housing for approval.
Bacþround
The mandatory five-year comprehensive review process began in the fall of 2007. As a result of many
consultations, discussions and meetings a final draft has been prepared by IBI Group for Council
consideration and adoption. As ofNovenrber 6, the final draft has been available forpublic viewing at
both libraries in the municþality, at the municipal office and on our municipal website. Notice of the
December 3,2009 Open House and Public Meeting was placed in both the Tillsonburg News and
Aylmer Express and on the municipal website homepage.
Purpose and Effect of the Amendment
The purpose of the amendment is to ensure the Official Plan is up{o-date; has regard to matters of
Provincial interest; is consistent with the Provincial Policy Statement 2005. The amendment addresses
matters relating to residential growth and settlement area boundary re-organization across the
Municþality, as well as other site-specific matters that will aflect certain land uses and/or areas of the
Municipality.
The effect of this amendment will be revised Official Plan policies and mapping, which will allow
Municipal council to fully realize the goals and objectives set out in the proposed Official Plan.
Staff Comments
The format of the final draft is changed from the previous Official Plan. Many areas have been revised,
removed or changed subject to the various ministries' comments and municþal interest. For ease of
review, the final draft document indicates Bayham initiated changes inblue text and AgencyÀ4inistry
proposed changes in red text.
'We've met our public consultation requirements. However, staff and the planner felt that due to the
multiple changes to the document with additions/deletions proposed by the various ministries, an
additional public open house was warranted. The open house provides the public with the opportunity
to speak to the planner/staff in an informal atmosphere. The Public Meeting is the formal presentation
of the final draft for approval.
Staff Report D2009-43 regarding Official Plan 5 Year Review Page 73 of 269
Staff Repo rt D2009 -43 OPR Page2
Further Discussion
The planner has noted that one item requires Council consensus on inclusion being Section 2.1.7.1 (d)
page2-6. "No more than one severance of a surplus dwellíng shall be allowedfrom afarmparcel
regardless of changes ín boundary or ownershþ. " This item was discussed inprevious OP workshops.
Attachments
l. Notice of Open House and Public Meeting dated November 3,2009.
Notation: Final Draft Version October 2009 previously circulated to Council
SUGGESTED RECOMMENDATION
(THAT StaffReportD2Û0g-43 regarding the Five-Year Official Plan Amendment be
received;
AND THAT the final draft of the tr'ive-Year Review of the Official Plan be adopted and
forwarded to the Ministry of Municipal Affairs and Housing, being Ministry File No: 34-DP-
4003-08001, for approval;
AND THAT By-law 2009-135, being an approyal by-law for the Comprehensive Official Plan,
be presented to Council for enactment."
Planning Coordinator/Deputy Clerk
Staff Report D2009-43 regarding Official Plan 5 Year Review Page 74 of 269
CORPORATION OF TTTF'
MT]NICIPALITY OF BAYIIAM
BY-LAW 2009-135
BEING A BY.LAW TO ADOPT TIIE OTTICIAL
PLAN, AS AMEI\DED, OF THE
MTTMCIPALITY OF BAYIIAM
WIIEREAS Section 26 of ttre Planning Act provides that municipalities shall revise their
Official Plan not less freque,lrtly than every five years after the plan comes into effect to
ensnre it is up-to-date; has regardto matters of Provincial interest and is consistent with the
Provincial Policy Stateme,nt 2005;
AND \ilIIEREAS the Municipalþ has completed the mandatory five-year comprehensive
review ofits Official Plan;
NO\M THEREFORE The Council of the Corporation of the Municipality of Bayham, in
accordance with the provisions of Section 26 of the Planning Act, hereby enacts as
follows:
l. That the Official Plan of the Municþalþ of Bayham, being By-law Number 2001-
60 (as ame,nded), adopted on July 5,2001is hereby repealed.
2. That the amended Official Plan of the Municipality of Bafiam, comprised of the
attached schedules and explanatorytext, is hereby adopted.
3. The Mayor and the Clerk are hereby authorized and directed to execute said Official
Plan on behalf of this Corporation and to affix thereto the Corporate Seal, and to
make application to the Minister of Municipal Affairs and Housing for approval of
said Official Plan.
4. This byJaw shall come into force and take effect on the day of the final passing
thereof.
READ A FIRST AND SECOND TIME this 3d day of DECEMBER 2009.
READ A THIRD TIME AND FINALLY PASSdD this 3'd day of DECEMBER 2009.
MAYOR CLERK
Staff Report D2009-43 regarding Official Plan 5 Year Review Page 75 of 269
Page 76 of 269
CORPORATION OF TIIE MT]NICIPALITY OF BAYIIAM
STAFF REPORT
TO: Mayor & Members of Council Date: December 312009
FROM: Drainage Superintendent File: DR2009-010
SUBJECT: Petition for Drainage from Clayton Watters, Elgin County
Purpose:
This report is to present to Council the Petition filed with the Clerk, of the Municipality of Bayham, on
November 20,2009. The petition is for adrainage works submitted by Clayton'Watters P.Eng.
Director, Engineering Services, Elgin County. The petition is a request to provide alegal drainage outlet
for the Plank Road, road allowance in Lot 15, Concession 4, Municipality of Bayham for the west side
of the road allowance south of Calton Line.
Bacþround:
Section 4(1) of the Drainage Act provides for a petition for the drainage by means of a drainage works
of an area requiring drainage as described in the petition may be filed with the clerk of the local
municipality in which the area is situate by:
(a) The majority in number of the owners, as shown by the last revised assessment roll of lands
in the area, including the owners of any roads in the area:
(b) The owner or owners, as shown by the last revised assessment roll, of lands in the area
representing at least 60Yo of the hectarage in the area;
(c) Where a drainage works is required for a road or part thereof, the engineer, road
superintendent or person having jurisdiction over such road or part, despite subsection 6l(5);
(d) Where adrainage works is required for the drainage of lands used for agricultural pu{poses,
the Director.
The Drainage Act provides that Council must give consideration to the petition and, within thirty days
(Section 5.1.a) of the filing, decide whether or not it will proceed. If Council decides not to proceed
then written notice of its decision must be sent to each petitioner. A petitioner may appeal to the Ontario
Drainage Tribunal if Council decides not to proceed, or if Council does not act on the petition within 30
days.
It may be difEcult for Council to make a decision on the validity of the petition as it is based on
definition of the "area requiring drainage". Initially, the petitioner(s) define this area on the petition they
submit, however the area must be defined by an engineer at the "on-site meeting" to determine the
validity of the petition.
Staff Report DR2009-010 regarding Petition for Drainage from
Clayton Watters, Elgin County. File: E09
Page 77 of 269
Staff Report DR2009-0 I 0
December 3,2009
If the Municþality decides to proceed then written notice of its decision must be given to (Section 5.16):
(a) eachpetitioner;(b) the Clerk of each local municipality that maybe affected;(c) the Conservation Authoritythat maybe affected;(d) the Ministry of Natural Resources;(e) The Ministry of Agriculture, Food & Rural Affairs.
The Municipality must appoint an engineer within sixty days (Section 8.3) of giving notice to proceed.
The choice of engineer is the decision of Council. When appointed by Council to prepare a report on the
drainage work, the engineer is to file said report within six (6) months (Section 39.1) of the appoinünent.
Following the appointment the engineer must (Section 9.1) cause the Municipal Clerk to send a written
notice, speciffing the time and place of an "on-site meeting". The notice must be served seven days
prior to the proposed site meeting.
Staff Comments:
The land in question that requires drainage is in close proximity to the Froggett Branch of the Casier
Municipal Drain. This is an existing tile drain that could be extended to provide the required drainage
outlet for the Plank Road allowance.
Strategic Plan Goals:
Goal#5: Develop a new and improved infrastructure network.
Recommendations:
THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk of the
Petition for drainage works by Clayton Watters P. Eng. Elgin County.
AND TIIAT Staff Report DR2009-010 regarding the petition for drainage and for drainage
improvement be received.
AND TIIAT Council wishes to proceed with this matter and appoints Spriets Associates,
Engineers, to prepare a preliminary report on the proposed drainage area, pursuant to Section 5
of the Drainage AcÇ for Councilts consideration.
Draina ge Superintendent
Staff Report DR2009-010 regarding Petition for Drainage from
Clayton Watters, Elgin County. File: E09
Page 78 of 269
of
PO. Box 160,9344 Plank Road,
Straffordville, Ontario NOJ 1Y0
Tel: (519) 86G552t . Fax: (5rÐ 8663884
email: bayham@bayham.on.ca
Nove,mber 30,2009
Ontario Drainage Tribunal
C/o Ministry of Agriculture, Food & Rural Affain
I Stone Road West, 3d Floor
Guelpb ON N1G4Y2
Attention: Alan Wiebe. Assistant Tribunal Secretary
Dear Sir
Re: M¡in Dr¡in ¡nd Branch 'B' of Municip¡l DraÍn No. 1, Municipality of Bayham
Enclosed please find a copy of the following docume,nts as required:
1. Notice of fupeal to Ontario Drainage Tribu¡al from Drainage Court of Revision;
2. Notice of þpeal to Onta¡io Drainage Tribunal re Engineer's Report #208321dated September
28,2009 prepared by Spriet Associates for the Main Dr¡in and Br¡nch'B' of Municipal
Dr¡in No. 1, complete with large scale plans and one extra large scale plan and small scale plans
showing general location of the proposed worlq
3. Petition for Drainage form dated November 24,2009 submitted Robert Gregson (party to the
appeal);
4. excerpt from minutes of Cor¡ncil Public Meeting, pertaining to the report held October 15,2009,
and minutes of the Court of Revision meeting held Noveinbet 5,2009;
5. notice of Cou¡t of Revision, mailing list and copy ofprovisional by-law sent to landowners.
This appeal was filed within the deadline. I trust the e,nclosed is sufficient to bring this matter to your
attention, however, should you require anything firrther, please advise.
Yours truly
?-l-,:l*L*a
Mrs. Lyrda Milla¡d C.*t.o.
Clerk
Encs.
File: E09
Dr ains / 2OO9/fupealsÆribunal4 I
Notice of Appeal to the Drainage Tribunal regarding the "Decision
of the Court of Revision for Municipal Drain No. 1". File: E09
Page 79 of 269
PO. Box 160,9344 Plank Road,
St¡affordville, Ontario NOJ lyO
Tet (519) 86l>552L . Fax: (jrÐ 8663æ4
email: bayham@bayham. on. ca
regard to the Decision of the court of RevÍsion on ProvÍsional By-law
No. 2009-1 12 for the Main Drain and Branch .B' of Municþal Drain
No. 1, Municipalityof Bayham
Please be advised that the Robert Gregson Notice of Appeat to the onta¡io
Drainage Tribuml, dated Nove,mber 23,2009 has been forwarded to the Tribunal
in accordance with theDr¿ínage Act, Rgo. 1990 Chapter DI7, section (99).
A copy of the letter to the Drainage Tribunal and the Notice of Appeal by Robert
Gregson are enclosed for your information
DATED AT TTTF MT'NICIPALITT OF' BAYHAM TEIS 3OIh DAY OF'
NO\¿EMBER2OO9.
YT¿À-r,!/^'J-
tvlrs. Lpda lu{ilTa¡d, UrtO
Clerk
Encs.
cc: See Attached Schedule'?." to this notice.
Notice of Appeal to the Drainage Tribunal regarding the "Decision
of the Court of Revision for Municipal Drain No. 1". File: E09
Page 80 of 269
44-.r.^-,t4/Ð.o1
.
a3,
Notice of Appeal to the Drainage Tribunal regarding the "Decision
of the Court of Revision for Municipal Drain No. 1". File: E09
Page 81 of 269
NOTICE OFAPPEAL TO
ONTARIO DRAINAGE TRIBTJNAL
FROM DRAINAGE COI'RT OF REVTSION
Ilc Dminage Ad, 1975, cüaF'q?9,eeaion 54 (l).
TO the Council of The Corporation of the MunicipalityofBayham
RE: Reconstruction of the Main Drain ¡nd Branch 'B' of Municþal Drain No 1, senÍng
partsoflots l24to l32rConccssions6 sndlT intheMunicþalityofBayhanu Thetotal
watenhed area contaÍns appro*imately ?.t10 hectares.
(Designation or description of drainage worls)
TAKE NOTICE ofthe appeal oftheunde,rsigned to the Onta¡io DrainageTribuut forthe
following reason:
PLEASE CHECK the appropriate box:
(Anypartyto an
appeat before
the cornt of
rwision)
El From the decision of the court of revision
tr From the omission, neglect or refi¡sal of the oourt of
revision to hearor decide an appeal withintwentyone
da¡æ of the pronounceme,nt of the decision or of any
matter evidencing such omissioq neglect orrefi¡sal.
Robert Gregson
(Nane of Appellant)
R.R. # 1 Straffordville 55257laclson Line, NOt lYO
(Address)
5t9-866'532
(Telephone)
Yt* ¿ \^
(Slpature of authorized officer)Clerk
November 23,2W
(Daæ)
Appeal commenced by notÍce - In any application, appeal or refere,nce to the Tribunal, the action shell þs
commenced by serving notice upon the council of the initiating and the clerk shall forthudth
record the notice and except as otherwise provided se,nd a copy of the notice to the Tribunal and to all
persons assessed for the drainage works. Section 98.
File: Drains/Drainage Forms/ þpeal to Ontario Drainage Tribunal
Notice of Appeal to the Drainage Tribunal regarding the "Decision
of the Court of Revision for Municipal Drain No. 1". File: E09
Page 82 of 269
TO tåe counc¡l of t¡e corporation ol tàe
Fom flo. ¡16
UunþþJ Wdld htr¡4$tu4otb
NOTICE OF APPEAT TO ONTARIO DRAINAGE TRIBUNAT
RE ENGINEER'S REPOR.T
f'¿. Irda¿Cê Act,1915, Gt¡pH 79, si¡il ¡r5 e, úd {6 (lr.
TAAE NC/IICE ot the çpal of. tåe uaderigned to tl¡e Onterio Dninage ftibuul fc tbe lotloriog!æn:
PLEA¡|E CEDCK tùe rgpopirrte bo: (8ecÉoo lunbetr æ b refa€ace to the rigE of eppeel roder
Ihc DßInqe Ac11gl6. cùryte ?9).
(^¡y 9.dd*) . Sot,im 46 (2)El Fron tàe f¡lt¡p of coudl to rdopt the re¿øt of tüe
Baw I âm disÉbûed rltä fbe report of täe agimo tåe grouude tùat:
E (e) tüe b6€úb to be d€dEd ftou tùe dninrge wo¡b æ
Dot comeurato rità täe trËn¡úed @6t tàæof:
I (b) fàe dnin¡gÞ !þtr åould be nodfied otr ttq¡¡rdtto be rtaled;
E (c) lùe compemtioa or.lomø tMided by tàe agisã æ lD¡d€qudô ot ercaivc;
E (d) täe ¡Ui¡cct b¡¡ ¡:eÉrted täal tùe ùainage woùr
L mt æqu¡¡€4 c L inpætåø!, os cr¡mt be m-
Éuct€d undec æction 8.
' lte comcil ot täe aunlci¡nliþ rppale for fäe tolloring
æeæn, or ûy of tùeû:
E (a) tå:t tùe propored dnin4e wortr ¡ lt ¡fieó the
rppealiug nunlÍpdfty úould bo ¡bædon¿d o¡ modÍ-
feq on gqEdr to be ddcd;
E (U) *+ tàe æ of Ëe ôalugr roúr or.ry püt
tùa€of ôould be ¡ltæd;
E (c) lùd åe drainege toÈ¡ dos lot ¡rorilo r ¡r¡t6ci¿ntilt¡el
E (d) ürt tüe drinege to¡k ôould be ü¡ed to ú ou€et
i¡ ttr6 cnifi¡tiñg ¡rET.lDFlit!, or el¡ãrbe¡e;
E 1e¡ t+ e petr'tiø hÈ b€eB ¡eci€Éd bry täe coucfl of
tbe ¡ppedbg DEic¡pd¡ty, Ù povided by ¡e¡fioa {,lor tåe alz¡eoeot by tàe ¡ppal¡ng Eu¡dFtityof uy ¡nrü of e ùalugc wort¡ b¡ing v¡thln üs
linit , ud theæ to u outJet, ¡nd tå¡t tte ruilL ol opinloa tùtt t¡ú cñl"têoo€at t deaû.able to
aüord öaiuge fadliHeo !o¡ óe rm de¡ctibed in
tùe ¡rËÉæ;
E (f) tàevortis mecær¡,¡ or
tf G) rüd tåe aætoat lgEi¡¡t lâ¡ds .¡d !ord! Ftttrín
tù€ l¡E¡ts ot tùe appeelirE mu¡lcþality rDd r6ds
tuder it6 Juridfdo b llle3a¡, ujut or cxsive.
RS.O. 1970, c. 18ô, t 88 (2J, øtcnØ.
( ¡yoEotLldqwì¡be ¡rfi[ry]
SætÍon 48 (f )
(^!rb€l 6e<:tim60l2)ùuidD.lilt)
Rnlrn* Ctr.<sor.
G{@ df ApFl¡Et)
R PL t S+ryî\ç6<J tt'tlL S s a s? f,aks^I:.r.+(^r'ÅÉ, NnJ: tYÒ
5t?- gLL-5s32.
Gd.a,h@ No.)
¡pDad erÉðd ¡í ¡odæ - l¡ ry appËÊdod, qrpad ú ¡t{q@ b úê lbiËr¡¡t tûc æ{o duí bê 6¡!Æca¿ üt ãrh¡ @tiôG ûp6
ó. ÞqCl of rl¡ê b¡thtbg Du¡{nÍ¡y d¿ rü, dÊt A¡If fdû¡ttt ñrl ttú @tlcê ¡¡d éx.+t ! ortdir Fotld.¿ .dl ¡ ..'py of t¡!
Þd€ b .h. T¡ibúEI d¿ fo ¡¡l pã¡Ú ræd f6 úc dûb4É rortr Sæd6 98.
Notice of Appeal to the Drainage Tribunal regarding the "Decision
of the Court of Revision for Municipal Drain No. 1". File: E09
Page 83 of 269
¡t8d.dtur, Food ¡Dd Xrnt Áfi¡¡r¡Appcal
Itibu¡rl
t ShnêRodWcst
(}dph, (Ootrio) NlG4n
Tej; (519) 0,G3133,Fx (519, g2ó1a2
Emift ppcalstihmd @ond.govoo-ca
Trfbmel d'eppd dc I'egrløltlrg
dc l'¡li¡¡cd¡don é dcs rft¡lre rcús
f . cücoin Soê O¡êst
Go€þh(Ontüio)Nlc4P
Té!.: (519) &tó3133, Ta&.: (5þ) 8];6.,.21í¿
Eoait rppcelseibmd@oorf.govoo.cr
Petition for DralmgeRottNo¿Descriptionofla(t(s): æ+- o3c()ó-ooo
It is importmt tfiattùc Agriorlnne, Food andRr¡¡al Atrairs Appc¿lldh¡nal undcrstand
thc or¡æome ünt ]ou v/ant ftom thc hearing yor ar€ rcqucsting on this drainagc Foject
To clarify yourappeal plcascindicatc bclowthcinsúr¡ctim thæ)aou want úcTrÍbmå¡ to
issue to tl¡e municÍpality rc you will bc satisfiod tr¡ith thc ptorposcd projcct
I\¿f¡tfer under ¡DDCû13
?ÊoRse¡ 8æeer6flt^g'f LoÀ{ oç f *E: No. I ¡¡rrrur¿rpAt- MÅrr.f ll.l fr+€.
t¡.-u ¡¡ t cro^r.rtY ôtr 34.+r+ a r.\
Ismcat ûothc Ag¡ict¡lt¡rc,FoodlndRuralAtrairs Ttibunat to hotd abcaringandissl¡c
an order directing úc municipality úo do fu following:
Comple.ûe and filc _thþ form Vith fhe Clerk of the Municipality of ^ no hter fhan
æ Nù\, 2-lzooq.
t3
Notice of Appeal to the Drainage Tribunal regarding the "Decision
of the Court of Revision for Municipal Drain No. 1". File: E09
Page 84 of 269
Straffordville, Ontario N0¡ 1Y0 Straffordville, Ontario NoJ 1Y0 R.R.#l
Mathew A. Schafer I¡1.
P.O. Box 254
SPRIET ASSOCIATES
155 York Street
l.ondon Ontario
N6A 1A.8
Antelecom Inc.
18 Sydenham Street East
Aytmer Ontario
N5H 387
GerryLeMay
Baytnm Public Worb Manager
C/o Municipality of Ba¡iham
Straffordville Ont¿rio
Ioseph Nary
3960 Malpass Road
I-ondon, Onario N6P 1E"/
COT'NTY OF ELGIN
Atæntion: Peter Dutchak
450 Sunset Drive
St. Thomas Ontario, N5R 5Vl N3y 4K2
Patsy Irene Ketchabaw
R.R.#l
NRG
39 Beech Street East Box 307
Aylmer Onario
N5H 2S7
Donald & Ianet I¡ne
1011 Cr¡lloden Road
R.R.#4
Aylmer, Ontario N5H 2R3
Marvin.Irtce
57401 Heritage Line
R.R.#l
Straffordville, Ontario NOt 1Y0
Manfred & Susan Hermann
57009 Heriage Line
Straffordville, Ontario NOI 1Y0
Long Point Region Conservation
Auúority
RR#3
Simcoe, Ontario
Hydro One
Attention: Dave DeVogelaere
56 Embro Road Box 130
Beachville Onta¡io
NOI lAO
Carolyn Gale Dennis
3915 Stacey Cresc.
I¡ndon, Onta¡io N6P lEB
Daniel & Giovina Vandev)'vere
R.R.#1
Straffordville, Ontario NOt 1Y0
Ministry of Natural Resources Ministry of Agriculture, Food & Rural Peter & IGtbarine Hein¡ichs
353 Talbot Sreet S/est Affairs R.R.#l
Aylmer Ontario I Stone Road l/est, 3d Floor Straffordville, Ontario Not 1Y0
NsH 2S8 Guetph Ontario NIG 4Y2
Robert Valke Daniel & Carrie Simmons
s7446Heritage Line s6623 Heritageli* '" ffffi. Joan Gregson
R.R.#2 R.R.#l
straffordville, ontario NoI lyo straffordville, ontario NoI lyo strafforúville' ontario NOr lYO
Peter & Mary Braun Johan Banman Frank Magasbazi
P.O.Box2l2 p.O. Box 287 185520 Cornell Road
Straffordville, Ontario NoI 1Y0 Straffordville, Ontario Not lYO R.R.#2
Ottewille, Ontario NOI 1R0
Thames Valley District School Board Michaet & Jennifer Collins David & Yvonne Patten
Manager of Support Services p.O. Box ?3 P.O. Box 2Û2
P.O. Box 5888 Straffordville, Ontario Nqt 1y0 Straffordville, Ontario NOJ 1Y0
I-ondon, Onta¡io N6A 5L1
Audrey Ball Robert & Lynda Cain StevenÂnderson
P.O.Box?jl P.O. Box 253 Patricia Wye
Suaffordville, Ontario NOJ 1Y0 Straffordville, Ontario NOJ 1Y0 P.O. Box 16
Straffordville, Ontario NOJ 1Y0
Notice of Appeal to the Drainage Tribunal regarding the "Decision
of the Court of Revision for Municipal Drain No. 1". File: E09
Page 85 of 269
Richa¡d Heppenheimer Leanne Ford Angel & Ana Sandouval
P.O. Box 216 P.O. Box 298 P.O. Box 327
Straffordville, Ontario NOI 1Y0 Straffordville, Ontario NOJ lYO Straffordville, Ontario NOI 1Y0
John Baronas Francis Volkaert Judy Wilson
P.O. Box 319 P.O. Box 103 P.O. Box 365
Straffordville, Ontario NOI 1Y0 SEaffordville, Ontario NOJ lYO SEaffordville, Ontario NOI lYO
Gerard & Nicola Cattrysse Hein¡ick & Katherina Wiebe Charles & Frances Ward
R.R.#l R.R.#l R.R.#l
Straffordville, Ontario NOI lYO Sraffordville, Ontario NOJ 1Y0 Straffordville, Ontario NOI lYO
Straffordville, Ontario NOJ 1Y0 Straffordville, Ontario NOI lYO
Jacob & Helena Klassen Abram Klassen Heinrich & IGúarine Neufeld
P.O. Box 9 9365 Garner Road 56525 Heritage Line
Straffordville, Onrario N0I1Y0 R.R.#l R.R.#l
Straffordville, Ontario NOI 1Y0 Straffordville, Ontariq NOJ lYO
Mary Nelles
55978 WardwalkLine
R.R.#1
David & Maria Friesen
56533 Heritage Line
R.R.#1
William & Nancy Mitche[
56711Heritage Line
R.R.#l
George Gale
P.O. Box4
R.R.#t
Cornelius BaÍsch
8l Talbot Road
R.R.#6
David & Linda Ball
56í175 HentageLine
R.R.#1
Donalda Miüs
R.R.#l
Straffordville, Ontario NOI lYO
Colin & Teresa Hectoan
56553 Heriage Line
Straffordville, Ontario NOI lYO
Robert & Erin Taft
56839 Heriage Line
R.R.#1
Straffordville, Ontario NoI lYo Tillsonburg, Ontario N4G 4G9
Ale:ra¡der & Nancy Gardner Timothy & Hildegarde Triska Wilhetm & Ann¿ Reimer
56557 Heritage Line R.R.#l' 56579 Heritage Line
R.R.#l Straffordville, Ontario NOI 1Y0 R.R.#l
Straffordville, Ontario NOI 1Y0 Straffordville, Ontario NOI lYO
Lenard Hodgson
Gary McCtrdy Mario & DaqmVezina RamonaJalarcinskas
56601 Heriage r ine 56611 Heriage Line Sffi49HeritageLirc
R.R.#r R.R.#l R.R.#l
Straffordville, Ontario NOI lYO Straffordville, Ontario NOI 1Y0 Straffordville, Ontario NOt 1Y0
Straffordville, Ontario NOI 1Y0 Straffordville, Ontario NOJ 1Y0 Straffordville, Ontario N0I1Y0
David & Patricia Harrison Dave & Camille Vogelzang Theresa Wells
56903 Heritage Line 56945Henøge Line R.R.#lR.R.#l R.R.#l Straffordville, Ontario NOJ 1Y0
Straffordville, Ontario NOJ 1Y0 Straffordville, Ontario NOJ 1Y0
Notice of Appeal to the Drainage Tribunal regarding the "Decision
of the Court of Revision for Municipal Drain No. 1". File: E09
Page 86 of 269
Della Howey Jacob & Katha¡ina Peters Georgette Thurston
R.R.#l 56946 Heritage Line 57338 Heritage Line
Straffordville, Ontario NOJ 1Y0 R.R.#l R.R.#l
Straffordville, Ontario NOJ 1Y0 Straffordville, Ontario NOJ 1Y0
F¡l Rolosm
Margaretha Froese Toum of Tillsonburg $/ater/V/astewater Superintendent
57348 Heritage Line 200 Broadway Street Municipality of Bayham
R.R.#l Tillsonburg, Ontario N4G 5A'7 9344 Pla¡k Road
Straffordville, Ontario NOJ lYO Straffordville, Onta¡io NOJ 1Y0
Notice of Appeal to the Drainage Tribunal regarding the "Decision
of the Court of Revision for Municipal Drain No. 1". File: E09
Page 87 of 269
Notice of Appeal to the Drainage Tribunal regarding the "Decision
of the Court of Revision for Municipal Drain No. 1". File: E09
Page 88 of 269
CORPORATION OF THE MUNICIPALITY OF BAYTIAM
STAFF REPORT
TO: Mayor & Members of Council DATE: November 26,2009
FROM: Administrator FILE: TcÊ{
SUBJECT: Road Closure Application - Concession 5 and South Gore NUMBER: PR2009-19
Purpose
This report is to further consider closing and conveying a portion of the unopened road allowance
between Concession 5 and Concession South Gore in Lots 1, 2, and3.
Background
In April 2009, Council considered staff report PR2009-10, regarding application from an abutting
properly o\ryner to close and convey a portion of the unopened road allowance between Concession
5 and Concession South Gore in Lots 1, 2, and 3. After consideration, Council adopted the
following resolution:
THAT staff be directed to initiate required procedures pursuant to the Municipal notice byJaw to
close a portion of the unopened road allowance between Concession 5 and Concession South Gore
in Lots I and 2 provided the applicants pay required expenses, and that upon closure ofthe road,
the lands be conveyed to the abutting property owners at appraised value.
Since that time, staff acquired an appraisal which values the lands at $3,500 per acre (approximately
$17,000 total for the whole proposed arca). A survey of the subject lands has also been acquired.
Expenses for these services have been reimbursed by the applicant.
Staff have also proceeded with advertisement in the local newspaper (Aylmer Express) on
November 11,2009 and notice to abutting property owners and area utilities, in accordance with the
municipal Notice By-law. The Notice advises that Council will consider the closure at its
December 3, 2009 meeting.
Staff Comments
Staff have received one general inquiry expressing some general concerns regarding to this closure,
and received one letter (email) from Robert and Rosina rWhite (abutting owners) with concerns
respecting access. A copy of that correspondence is attached. Staff concur that the concem must be
addressed.
In addition, since the subject unopened road allowance does lead to the Otter Creek, staff have
made inquiries with Public Works and Government Services Canada regarding any required
consent from the Government of Canada. No response has been received at this time.
At this meeting (December 3,2009), Council may accept any written comments and will hear from
any person that claims their lands will be prejudicially affected by the closure.
After affording the opportunity for persons to address the matter, should Council determine it may
proceed, staff suggest that a draft by-law be read a first time only. Prior to finalizing the by-law,
Staff Report PR2009-19 regarding Road Closure Application -
Concession 5 and South Gore. File: T09
Page 89 of 269
2
the applicants will need to address the concerns of Mr. and Mrs. White, or alternatively abandon the
closure of the portion of road allowance within lot l, west of Richmond Road.
Attachments
1. Copy of Notice of Road Closing
2. Correspondence November 20,2009 from Robert and Rosina White
3. Draft By-law No. 2009-134, being a by-law to stop up, close, and convey part of the road
allowance between Concession 5 and Concession South Gore in Lots 1, 2, and3.
Strategic Plan Goal(s)
Goal #1 - Practice responsible financial management
Recommendation
THAT By-law No. 2009-134, being a by-law to stop up, close and convey part of the road
allowance between Concession 5 and Concession South Gore in Lots 1, 2, and 3, be presented to
Council for first reading.
Staff Report PR2009-19 regarding Road Closure Application -
Concession 5 and South Gore. File: T09
Page 90 of 269
Page 1 of 1
Kyle Kruger
From: RobertWhite [rrwhite@amtelecom.net]
Sent: November 20,2009 2:32PM
To: Kyle Kruger
Subject: Road Closure South Gore
Robert & Rosina White
RR # 2 St.Thomas
47447 Southdale Line
St.Thomas Ont
N5P 356
Mr. Kruger, C.M.O. Bayham Twp
ln regards to the closing of the road between Concession 5 and Concession South Gore Lots 1 , 2, and 3
I am opposed to the closing of the road.
Reasons, This closure would make our property property 100% landlocked which is unacceptable
also we have no 911# near or on a roadway in case of emergency
I would be receptive to closing the road if We were given 100 feet of road along the
South, East of our property in exchange for the Thousands of dollars paid in previous taxes.
Respectfully su bmitted
Robert White
20/rt/2009
Staff Report PR2009-19 regarding Road Closure Application -
Concession 5 and South Gore. File: T09
Page 91 of 269
CORPORATION OF'THE
MT]NICIPALITY OF BAYHAM
BY-LAW 2009-134
BEING A BY-LA\ry TO STOP UP, CLOSE AND COIYVEY
PART OF TI{E T]NOPENED ROAD ALLOWAI\CE
BETWEEN CONCESSION 5 AND CONCESSION SOUTH
GORE IN LOTS 1, 2 AND 3, BEING PARTS 1,2 3 AI\[D 4
PLAI\ 11R-9100.
WHEREAS Section l l of the Municipal Act,200l, S.O. 2001, c.25 as amended provides
that a lower tier municipalþ may pass byJaws respecting Highways, including parking and
trafïic on highways;
Al[D WIIEREAS Section 8 of the said Municipal Act provides that a municipality has the
capacity, rights, powers, and privileges of a natu¡al person for the purpose of exercising its
authority tnder this or any other Act;
A¡ID WHEREAS Section 34 (2) of the said Municipal Act provides that a byJaw
permanently closing a highway shall not be passed without consent of the Government of
Canada if the highway abuts on land, including land covered by water, owned by the Crown in
right of Canada;
AI\D \ilHEREAS notice of intent to pass this ByJaw has been published once in the Aylmer
Express, a newspaper of general circulation to the area;
AllD WHEREAS the Council of the Corporation of the Municipality of Bayham has heard in
person, or by counsel, solicitor or agent, all persons claiming that their land will be
prejudicially affected by this By-law and who applied to be heard;
AllD WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
expedient to stop up, close and convey those parts of the road allowance between Concession
5 and Concession South Gore in lots 1, 2 and3, designated as Parts 1,23 and4 on Plan I lR-
9100, and to convey such parts to the adjoining land owners.
THEREF'ORE TITE COT]NCIL OF THE CORPORATION OF TTIE MTJMCIPALITY
OF BAYIIAM ENACTS AS F'OLLOWS:
1. THAT upon and after the passing of this ByJaw those portions of the uropened road
allowance described as Part of the road allowance between Concession 5 and Concession
South Gore in Lots 1, 2 and 3, in the Municipality of Bayham, County of Elgin,
(Geographic Township of Bayham), designated as Parts 1,2 3 and 4 on Plan I lR-9100, be
and are hereby closed and stopped up.
2. THAT all of that part of the said unopened road allowance described as Part of the road
allowance between Concession 5 and Concession South Gore in Lots l, 2 and3, in the
Municipalþ of Bayham, County of Elgin, (Geographic Township of Bayham), designated
as Parts 1,2,3 and 4 on Plan l lR-9100 shall be conveyed to John Matthew lWalker and Jon
Solon Walker for consideration inthe amount of $17,605 plus reimbursement of legal,
advertising, survey, and appraisal costs.
Staff Report PR2009-19 regarding Road Closure Application -
Concession 5 and South Gore. File: T09
Page 92 of 269
3. THAT the Mayor and Clerk of The Corporation of the Municipalþ of Bayham be and they
are hereþ authorized and directed to execute such deeds or other documents as may be
necessary to effect conveyances of those parts of the said road allowances described herein
and which have been stopped up and closed.
4. THAT this by-law shall come into full force and effect upon consent of the Government of
Canada pursuant to Section 34 Q) of the Municipal Act, 2001, S.O. 2001, c.25.
5. THAT this by-law shall be registered in the Land Regisûy Ofüce for the Registry Division
of Elgin, (No. 11).
READ A FIRST TIME this 3rd day of December,2009.
READ A SECOND AI\D THIRD TIME AI{D FINALLY PASSED this 3rd day of
Decemberr2009.
MAYOR CLERK
Staff Report PR2009-19 regarding Road Closure Application -
Concession 5 and South Gore. File: T09
Page 93 of 269
Page 94 of 269
CORPORATION OF'THE MT]NICIPALITY OF BAYIIAM
STAFF REPORT
TO: Mayor & Members of Council DATE: December 3,2009
FROM: Paul Groeneveld
By-law Enforcement Offi cer
SUBJECT: Dog License Fee Review
FILE: P.l4
NIIMBER: P2009-036
Purnose:
To provide Council information regarding proposed fee increases to dog licensing fees for dogs
harboured in the municipality.
Backeround:
By-Law 2009-059
Dog Control By-law #2009-059 provides for the prohibiting and regulating of dogs within the
Municþality, and prescribes, "No person who is residing temporarily or permanently within Bayham,
shall own, keep, possess or ha¡bour a dog unless a license has been issued under the By-law".
The By-law sets fees for licensing of dogs, as follows:
Licence Fees:
For first dog
For second dog
Forthird dog
March 31
$22.00
$ 2s.00
$ 30.00
March 31
$ 32.00
$ 3s.00
$ 35.00
$13s.00
$ 25.00/dog
On or Before After
A Kennel forPurebred Dogs $100.00
A Kennel for non-Purebred Dogs $ 15.00/dog
Licence Fee Reductions:. The o\ryn€r of a spayed or neutered dog shall receive a Five ($5.00) Dollar reduction per Dog
Tagllicence Fee.o A Five ($5.00) Dollar reduction per Dog TaglLic'ence Fee will be granted to residents who
purchase the Dog TaglLic'encndirectly from the Municipal Office on orbefore January 31s.o { Five ($5.00) Dollar reduction per tagto new residents or new dog owners registering their
dogs between October ls and Decernber 3ls.
Dog Licence Sales History
Staff reviewed licensing trends from 2006 to 2009, including the number of dog licenses issued
before January 3 1, between February I and March 3 1 and after March 3 I . The number of dog licenses
issued does not reflect the number of dogs currentþ registered with the municipality due to resident
movement and other reasons.
Staff Report P2009-036 regarding Dog License Fee Review. File:
P14
Page 95 of 269
On average approximately 20% of dog owners renew their dog licence after March 31 each year.
Year Nov. 1" -
Jan.31't
Feb. 1" -
March 31'l
After
March 31't Total Licenses
2006 553 380 170 I 103
2007 477 174 390 t04l
2008 612 319 t7L lt02
2009 592 433 r62 rl87
Total 2234 1306 893 4433
% ofTl 50.4 29.5 20.1 100
Since 2006 the municipality has averaged a total of $19,125 generated from dog licensing fees.
Year Tass Sold Total Fees Collected ($)
2009 r088 17.489
2008 r052 19.595
2007 1041 20.727
2006 I 103 19.t45
Municipal Scan
Staffsurveyed neighboring municþalities to ascertain the amount of fees being charged for licensing
ofdogs.
Municþality Year Fee
Established Base Fee SpayÆ.[euter
Discount
Early Payment
I)iscount Late Fee
Aylmer 1993 16.00 0 2.00 0
Bayham 2001 22.00 5.00 5.00*10.00
Central Elsin 1998 1s.00 0 0 10.00
Dutton/Dunwich 2003 35.00 15.00 0 10.00
Malahide 2005 18.00 0 0 33.00
Norfolk 2005 25.00 10.00 5.00 0
Norwich 2009 s0.00 10.00 20.00 0
St. Thomas 200s 30.00 5.00 5.00 15.00
SWOX 1999 15.00 0 0 15.00
West Elein 2002 30.00 5.00 0 0
* Bayham earlypayment discount applies if registered before January 31.
Staff Report P2009-036 regarding Dog License Fee Review. File:
P14
Page 96 of 269
Municipal Scan- Kennel Fees
Staffalso surveyed neighboring municþalities to ascertain the amount of fees being charged for
licensing dog kennels.
Municipality Year Fee
Established Base Fee Early Payment
Discount Late Fee
Aylmer 1993 200.00 0 0
Bayham 2001 100.00 0 0
Central Elsin 1998 50.00 0 0
DuttonlDunwich 2003 75.00 0 10.00
Malahide 2005 33.00 0 33.00
Norfolk 2005 45.00 0 5.00
Norwich 2009 100.00 40.00 0
St. Thomas 2005 50.00 0 0
SV/OX 1999 50.00 0 0
West Elsin 2002 100.00 0 0
The municipality also registers l0 dog kennels annually.
Dog Control Expenses
The municþality's current operating budget (2009) allotted 574,993 for by-law enforcement
activities.
Expenses directly related to canine control issues include dog tag supplies, licensing agent and
impoundment service contracts, and account for approximateþ $20,000. This does not include staff
time for licensing and renewal of dog tags and enforcement of the Canine Control By-law.
Since 2007 canine control issues account for approximateþ 45%o of allby-law enforcement
complaints received annually by the municipality.
Based on the 2009 Current Budget for ByJaw Enforcement the financial impact to the municþality
for canine control is outlined below.
Revenue Expense
Doe Tas Sales 17.489*
Canine ControVlicensing
Aeent/Suoolies 20,000
Canine Control Enforce,rnent (45% of
ByJaw enforcement budget - excluding
canine control/licensins asenVsupplies)
24,747
Recoverable costs (e.e. impounded does)1.000**
Total r8.489 44.747
* Actual for 2009. ** Projected annual revenues.
The current dog licence fee structure ofßets canine control expenses by approximately 47%o.
Staff Report P2009-036 regarding Dog License Fee Review. File:
P14
Page 97 of 269
Staff Comments:
The current fee structure does not produce sufficient funds to offset the costs for direct canine control
expenses.
The municipality expends a considerable amount of time and expense towards the renewal of owners
who neglect to pay the required fees on or before March 31. The expenses incurred for outstanding
dog licenses may include a second reminder notice sent via regular mail ($2), phone call by staff to
owner, registered letter ($8), staff visit to residence and charges under Provinciql Act.
Proposed Fee Structure
Based on historical records, increasing the dog licence fee by $5.00 and late payment fee by $10.00
per licence will generate approximately $7,700 in additional dog licence fees annually. This will
result in the municipality funding approximately 42%o of canine control expenses from the general tax
base as compared to the current level of 59%.
A substantial increase to late fees will encourage dog owners to renew licenses prior to March 31 and
offset costs associated with the municipality's efforts to obtain submission of fees from late
registrants.
Staff proposes the following amendment to By-law 2009-059 Appendix A. The proposal increases the
base dog licence and Kennel for non-purebred dogs fees by $5.00 per dog and late payment fees of
$47.00 per dog; and late payment of Kennel dogs of non-purebred dogs by $5.00 per dog.
The By-law sets fees for licensing of dogs, as follows:
Licence Fees:On or Before
March 31
For first dog $ 27.00
For second dog $ 30.00
For third dog $ 35.00
A Kennel for Purebred Dogs $100.00
A Kennel for non-Purebred Dogs $ 20.00/dog
After
March 31
$ 47.00
$ 47.00
$ 47.00
$13s.00
$ 25.00/dog
Licence Fee Reductions:
. The owner of a spayed or neutered dog shall receive a Five ($5.00; Dollar reduction per Dog
Tagllicence Fee, provided that at the time of the registration a Veterinary Certificate
identiffing the dog and confirming the operation is received.
. A Five ($5.00) Dollar reduction per Dog TaglLicence Fee will be granted to residents who
purchase the Dog Tagllicence directly from the Municipal Offrce on or before January 31't.
. A Five ($5.00) Dollar reduction per tag to new residents or new dog owners registering their
dogs between October l't and December 31't.
Staff is not suggesting a fee increase to Kennels of purebred dogs as the municipality's fees for this
type of kennel is greater than most surveyed municipalities.
Staff Report P2009-036 regarding Dog License Fee Review. File:
P14
Page 98 of 269
Options:
1. Council Enact By-Iaw #2009-136 to increase dog licence fees as proposed in this report.
2. No Action at this time.
3. Direct staff to prepare a By-law for Council consideration, to increase individual dog
Iicence fees only (excluding fee increases to all types of Kennels).
4, Direct staff to prepare a By-law for Council consideration to increase dog licence fees by
greater than $5.00 per licence, to further offset the municipality's expenses incurred
from canine control enforcement.
Stratesic Goals:
Goal #1 - Practice responsiblefinancial management
Goalll4 - Be dedicated to service excellence
Recommendation:
"TIIAT staff report #P2009-036 regarding Dog License Fee Review be received;
AND THAT Council Enact By-law #2009-136 to increase dog licence fees as proposed in this
report.tt
Respectfully submitted,
By-Law Enforcement Officer
Staff Report P2009-036 regarding Dog License Fee Review. File:
P14
Page 99 of 269
THE CORPORATION OF
THE MT]NICIPALITY OF BAYHAM
BY-LA\M 2009-136
Being a By-law to Amend By-Law 2009-059
A By-Law to Regulate and Control Dogs
WHEREAS, on the 7^ duy of May 2009 The Corporation of the Municipality of Bayham
found it desirable to enact By-law #2009-059, a by-law to regulate and control dogs;
AND WIIEREAS the Council of the Corporation of the Municipality of Bayham now
deems it necessary to amend By-law #2009-059, Appendix A;
NOW TIIEREFORE the Corporation of the Municipality of Bayham hereby enacts as
follows:
THAT By-law #2009-059 be amended by substituting the following fees for Section I of
Appendix "A" of the ByJaw:
1. Licence Fees: On or Before
March 31
For first dog $ 27.00
For second dog $ 30.00
For third dog $ 35.00
A Kennel for Purebred Dogs $100.00
A Kennel for non-Purebred Dogs $ 20.00/dog
After
March 31
$ 47.00
$ 47.00
$ 47.00
$r3s.00
$ 25.00/dog
READ A FIRST, SECOND AND TIIIRD TIME AND FINALLY PASSED THIS
3Ð DÄY oF DEcEMBE& 2oo9
MAYOR CLERK
Staff Report P2009-036 regarding Dog License Fee Review. File:
P14
Page 100 of 269
TO:
FROM:
SUBJECT:
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
Mayor & Members of Council DATE: December 3,2009
Paul Groeneveld X'ILE: 409
Fire Chief/JHSC, Manager Rep.
Fire Service Health and Safety Policy I\UMBER: H2009-011
Purpose:
Obtain Council approval of the Municipal Fire Department Health and Safety Policy.
Background:
The Occupational Health and Safety Acl states an employer is required to "prepare and review at least
annually a written occupational health and safety policy and develop and maintain a program to
implement that policy".
In 200 the Municipality enacted By-law 2000-74 to adopt a fire service health and safety policy for the
Municipality of Bayham Fire Department.
Staff Comments:
The Municipal Fire Department Joint Health and Safety Committee has conducted an annual review of
the Municipal Fire Service Health and Safety Policy for 2009.
The Committee is not recommending any changes to the Policy at this time.
Attached is a copy of the Policy, which requires the signature of the Head of Council.
Options:
1. Approve Municipal Fire Service Health and Safety Policy as
proposed.
2. No Action
Stratesic Goals:
Goal #4 - "Be dedicated to service excellence"
Recommendation:
íTHAT Staff Report 112009-011 regarding the Municipal X'ire Service Health & SafeÇ Policy be
received;
AllD THAT the Council of the Municipality of Bayham approves the Municipal Fire Service
Ilealth and Safety Policy Statement as presented."
Fire Chief
BFD JHSC, Manager Rep.
Staff Report H2009-011 regarding Fire Service Health and Safety
Policy. File: A09
Page 101 of 269
SCHEDULE 6(A"
TO BY-LA\il 2000-74
FIRE SERVICE
HEALTH AND SAFETY POLICY
Introduction:
Clause 25(2)0 of the Occupational Health and Safety Act requires the employer to "prepare and
review at least annually a written occupational health and safety policy and develop and maintain
a program to implement that policy''. Clause 25(2)(k) also requires that the employer "post at a
conspicuous location in the work place a copy of the occupational health and safety policy''.
Application:
This Policy of the Corporation of the Municipality of Bayham applies to the Bayham Fire
Department.
Objective:
It is the Policy of the Municipality of Bayham and the Bayham Fire Department to conduct all
operations in a safe and healtþ manner in order to prevent injury or illness to workers.
The elimination of haza¡ds to personnel and property shall be the prime consideration when
planning any work activity.
All practical steps shall be taken to ensure that the work environment and work procedures
comply with Federal and Provincial Legislation, Municþal Regulations, and County
Regulations, pertaining to the health and safety of the employee.
Principles:
o Every employee has the right to work in a healthy and safe environment.
. Employees are encouraged to be actively involved in maintaining a healthy and safe
environment.
o Cooperation between the ernployer and employees is desirable in developing and maintaining
healtþ and safe worþlaces.
o The prevention of accidents, injury and occupational illness should be an integral part of
everyjob activity.
o An intemal responsibility syston rec,ognzingthe roles of every worþlace participant - from
employee to supervisor to employer and owner - is the key to an effective health and safety
program.
Staff Report H2009-011 regarding Fire Service Health and Safety
Policy. File: A09
Page 102 of 269
Mandatory Requirements :
o This policy must be posted in all fire halls.
o Reasonable provision for the prevention of accidents, and the promotion of safety and health
of all employees, must be made in compliance with the Occupational Health and Safety Act,
and otherrelevant legislation set out minimum requirements, in light of specific worþlace
situations, must be determined.
o Occupational health and safety programs specific to a fire department's operational needs
must be developed, applied and communicated to all employees.
o Managers, supervisors and employees must receive information and training on safe work
practices and their duties and responsibilities under applicable legislation.
Responsibilities of Municipal and other Elected Officials:
Under Section 32 of the occupational Health and Safety Act "Every director and every officer of
a corporation shall take all reasonable care to ensure that the corporation complies with,
(a) This Act and the regulations;
(b) Orders and requirements of inspectors and Directors; and
(c) Orders of the Minister." R.S.O.1990, C.Ol.S.32
In keeping with the above, the Corporation of the Municipality of Bayham undertakes to carry
out the following:
1. To provide as safe and healthy a working environment as can reasonably be expected, given
the nature of fire frghting and the resources and technology available.
2. To establish an effective internal responsibility system, whereby everyone clearly
understands their responsibilities regarding the occupational health and safety of workers.
3. To provide ongoing training to heighten employee awareness of known safety hazards and
maintain job skills and knowledge.
4. To develop and maintain open communication between all levels in the Fire Department to
encourage employee particþation in the Fire Departments' Safety Program.
5. To involve all employees in safety through an eflective Joint Health and Safety Committee
accessible to all department mernbers.
6. To periodically review the Fire Department's health and safety policy, program and Standard
Operating Procedures to maintain safety performance.
7. To ensure compliance with applicable Federal, Provincial and Municipal safety legislation.
Staff Report H2009-011 regarding Fire Service Health and Safety
Policy. File: A09
Page 103 of 269
Responsibilities of Firefìghters, Administration, Mechanical and
Communication Personnel:
Employees are responsible for maintaining a reasonable working knowledge of the requirements
of the Occupational Health & Safety Act. They are also responsible for maintaining a reasonable
working knowledge of health and safety hazards in the worþlace and preventive measures to be
taken for their own protection.
Workers must:
1. Comply with all procedures and requirements of the Occupational Health and Safety Act,
Highway Traffic Act and other applicable safety legislation.
2. Report anyhazardous conditions, which you can not immediately correct to your immediate
supervisor, and failing a satisfactory resolve in your opinion, to a mernber of the Joint Health
and Safety Committee.
3. Promptly report all accidents or injuries (no matter how minor they may first appear) to your
supervisor.
4. Not work or operate any equipment that may endanger the safety of yourself or others.
5. Not engage in pranks or feats of strength that may endanger yourself or others.
6. Wea¡ and care for protective clothing provided by the Bayham Fire Department as instructed.
Note: All outside contractors will be required to comply with Provincial, Federal and Municipal
Safety regulations when working on Municipal property.
Responsibilities of Fire Department Officers :
Fire Department Officers are responsible for implementing the Occupational Health and Safety
Program in the work areas under their supervision.
Their own safety attitudes and actions are important to setting the safe climate of the
organization and their job performance will be measured against their efforts in achieving the
Fire Departrnent's safety goals.
All safety complaints/recommendations must be processed in keeping with department policy
without undo delay.
Fire Department Officers must:
1. Ensure Provincial, Federal and Municipal legislation is implemented and complied with in
their areas of responsibility.
2. Ensure the Department's safety policy and program are posted in a conspicuous place in their
work areas and obtain and post new copies of the policy and program as required.
Staff Report H2009-011 regarding Fire Service Health and Safety
Policy. File: A09
Page 104 of 269
3. Document and investigate all reported accidents and take appropriate corrective action within
their authority to prevent a recurrence.
4. Ensure all ernployees under their supervision receive adequate training in health and safety
legislation, safe work policies, operational guidelines and proper use of vehicles and
equipment.
5. Inspect their worþlaces to correct safety hazards within their authority and to make other
hazards that they cannot correct known to the appropriate level of management above them.
Responsibilities of Fire Chief:
Fire Chieß are responsible for administration, direction and implementation of safety policies to
ensure a safe working environment. Their direct involvement and commitment to safetywill
determine health and safety success or failure.
Fire Chiefs and/or hislher designate must:
1. Ensure the safety standards and procedures are developed, maintained, followed and kept up
to date.
2. Ensure the Fire Department complies with Provincial, Federal and Municipal safety
legislation.
3. Consult with all levels of the organization to ensure the safety program is effective and make
changes as required.
4. Make the safety committee aware of safetyrqlorts, audits andhazards that he/she maybe
aware of to fulfil the obligations of the internal responsibility system.
5. Review haining reports to ensure training is meeting the needs of the safety program.
6. Determine health and safety goals of the Deparlment and report yearly results to the
Municipal Administrator.
Approved by Council Resolution dated Decernber 3,2009
Mayor Lynn Acre
Staff Report H2009-011 regarding Fire Service Health and Safety
Policy. File: A09
Page 105 of 269
Page 106 of 269
2009.07.22 6.3 9050
0000093312
OOOO3I ADT SECURITY SERVICES CANADA
40341805 V.C.C. SECURITYAI.ARM
OOOO52 AMTELECOM COMMUNICATIONS
Nov5198665521 MONTHLYTELEPHONE
OOf621 BENDER ENGINEERED CONCRETE
OOO.I75 CEDAR SIGNS
170s8
00152r cr-ArMsPRo tNc.
33820490305
SIGNS
000193 G|-AYTON COLL\ÆR
coveralls - dayton REIMBURSE COVERALLS
001620 CONTINENTAL BUILDING MOVERS LTD
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - '11119t2009
CYLINDERS, CHARGERS, PARTS 11I1A2OO9 I 3,379.59
Cheque Amount -
1111912009 I
1111912009 4:02PM
007523
007524
007525
007526
007527
@7528
007529
007530
007531
3,379.59
357.00
Cheque Amount -
1110'v2009 I
REFURBISH METER ROOM
Cheque Amount -
1012712009 I
m0l54 CANADIAI.I KOOL WATER
Cheque Amount -
10t20t2009 I2-1739 WATER BOTTLES
Cheque Amount -
000156 CAA¡ADIA¡I PIPE & PUMP SUPPLY LTD
T4222æ VALVES, ELBOWS, COUPLINGS 1OI29I2OO9 I
357.(X)
't,22166
1,223.æ
4,987.50
4,987.50
32.OO
32.00
35.35
Cheque Amount -
11112J2009 I
35.35
4æ.87
Gheque Amount -
1',U0612009 I
490.87
973.50
Cheque Amount -
't1to9t200s I
973.50
50.M
Cheque Amount -50.84
800.00moving bldg
OOOIOO CORPORATE EXPRESS
23U5177
23863527
MOVE BLDG ON LAKESHORE RD 1111912009 I
FILES, FOLDERS
FILES
Gheque Amount -
't'U1312009
11t1712009
800.00
85.68 007532
146.45 007532
OOO212 COUNTY OF ELGIN
INOOOO18122 4TH OUARTER LE\TY'
Cheque Amount -
1110212009 I
232.13
605,63'1.00 007533
OOOOI9 AJ. STONE COMPA¡.¡Y LTD
Cheque Amount -605,631.00
Page
Cheque Register being Cheque #7522 to Cheque #7611 inclusive,
except Cheques #7499 and #7601 totaling $780,505.69 and
Page 107 of 269
2009.07.22 6.3 9050 MUNICIPAL]TY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 11/l9l200g
11t1912009 4:02PM
6.88 007534
OOO272 DYNAIúIC FLUID PRODUCTS INC
t-94041-0 CR|MP
001565 EMCO CORPORATTON
540163H0
OOO322 EVANS UT¡LITY
0000'1351'17
0000135140
0000135141
195790
196044
196068
'196073
@0/.27 HYDROONE NETWORKS INC
1',U13t2009 I
Cheque Amount -
TRANS GASKET 11t0312009 I
Cheque Amount -
REPAIR CI-AMPS, SADDLES, STOF I1104/2009
coPPER P|PE 11106t20f9
REPATR C|¡MPS 1110612@,9
BRAKE CLEANER, GI-ASS CLEA¡{E 11IO2I2OO9
vt¡{YL DECALS 11112120ù9
DIESEL FUEL CONDITIONER 11I1U2OO9
VINYL DECALS f 1113120Æ9
I
I
I
I
Cheque funount -
192.10
1,035.70
262.16
2,897.66
6.88
't92.10 007535
007536
ü)7536
007536
007537
æ7538
Cheque Amount -
0010,16 FARM & CONSTRUCTION EQUIPMENT
95IO SERV¡CE TRUCKS, CALIBRATE 111'17120n]9 I
Cheque Amount -
000334 FASTENAL CA¡.¡ADA
ONTIS3O316 COTTERPINS, PARTS
000367 GENERALCHEMICAL
9O28O7el ALUMSULFATE
OOO991 HORVATHAUTOPARTS
11tøt2009 I
Gheque Amount -
1',v0ø.t2009 r
Cheque Amount -
4,195.52
M.25
4æ.25
25.89
25.89
553.23 007539
553.23
192.99 007540
72.32 007540
'183.06 007540
50.85 007540
Nov 0@lôGO8880
Nov'1266042007
Nov 1521368016
Nov 25260{9578
Nov 5399$93004
Nov 68860{8015
Nov 73394-81003
Nov 86590€7008
Nov 87640-15034
UTILITIES - STRAF LIBRARY
UTILITIES - MED BLDG
UTILITIES. PUMP#s
UTILITIES - OFFICE
UTILITIES - PUMP#I
UTILITIES - STRAF FIRE
UTILITIES - PUMP#3
UTILITIES - PUMPtr2
UTILITIES. S.C.C.
1111012009
1111012009
11t10t2009
1'U1012009
11t11t2009
't'U1012009
11t1112009
11t10t2009
1111012009
4æ.22
206.22
73.56
329.95
364..46
50.66
290.04
62.79
221.26
886.36
007541
00754.1
0o7541
007il1
0o7il1
007541
007il1
007.54.1
007541
001362 ICOMPASS TECHNOLOGIES
Cheque Amount -2,485.30
Page
Cheque Register being Cheque #7522 to Cheque #7611 inclusive,
except Cheques #7499 and #7601 totaling $780,505.69 and
Page 108 of 269
2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 11 11912009
't0/08/2009
1111912009 4:O2PM
007543
@7544
q)7545
æ7546
lVl/rEB A ¡NUAL RENEWAL 3,937.50
OOO445 JACK WATTERS BULLDOZING
1AI9 GRADER
000¿f61 JEAN WOON
supplies
o()O51O KI-ASSEN AUTO PARTS
1432,12 BULB
OOO513 KOOLENELECTRIC
't5094
11t09t2009 I
Cheque Amount -
REIMBURSE PURCHASES 11t13t2ñ9 r
Cheque Arnount -
11t13t2009 I
Cheque Amount -
REPI-ACE BAL|jST, DOOR OPENE 11115120Ù9 I
Cheque Amount -3,937.50
1,874.25
1,874.25
352.47
352.47
0.58
0.58
29îì'.78
OOO235 LIPPERT & \A/RIGHT FUELS LTD.
70117
70118
70119
7',t812
73220
ULS DIESEL
DIESEL DYED
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DIESEL DYED ULSD
REG GAS
GAS - FIRE DEPT
GAS. FIRE DEPT
101't312009
1011312009
't0t1312009
10128f2009
10i28/2009
Cheque Amount -296.78
793.87 007547
1,2U.M 007547
967.14 00754.7
840.22 00754.7
't,149.77 007il7
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OOO573 MARC'S GAS BAR & VARIETY
05'
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mileage reimburse
Cheque Amount -4,985.44
34.00 007548
36.æ æ7548
1U1?/2009
10103120æ
Cheque Amount -
11t16f2009 I
70.00
27.90 007549
007550
MILEAGE - WNTER DRAIN
OO@I7 NORFOLK DISPOSAL SERVICES
,124202 GARBAGE DISPOSAL
000662 ONTARIO ASSOCIATION OF
7352 COUPLTNGS
7363 FRESHENER
Cheque Amount -27.90
36,858.951013112009 I
Cheque Amount -
44315 201O MEMBERSHIP 11t01t2009
44698 WEB AD 1984 PUMP APPARATUS 1111612009
Cheque Amount -
OOOTIO PORT BURWELL HOME HARDWARE
36,858.95
194.25 007551
52-50 00755í
1010912009
10t1512009
246.75
9.58 æ7552
19.20 007552
Page
Cheque Register being Cheque #7522 to Cheque #7611 inclusive,
except Cheques #7499 and #7601 totaling $780,505.69 and
Page 109 of 269
2009.07.22 6.3 9050
7365
7376
7388
7Æ3
7404
BLEACH, DUCTTAPE
BULBS
BLEACH, SPRAY BOTTLES
HOSE CI.AMP, ADAPTERS, HACKS
PVC GREY
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 1111912009
1011512@9
10t2012009
10t26t2009
10t2812009
ßt28/2009
1111912009 4:02PM
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16.90 007552
8't.60 007552
9.91 007552
14.74 007552
4.51 007552
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07850614
OOO727 PUROI-ATOR COURIER LTD
406735205
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1117
0000374757
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0000374768
0000504576
0000504678
Cheque Amount -
CYLINDER RENTAL 1013012009 I
Cheque Amount -
COURIER SERMCE 1110612009 I
Cheque Amount -
PUSH BROOMS. TRAFFIC PARKA 11I1Z2OO9 I
Cheque Amount -
1111012cn,9 I
Cheque Amount -
1012112009
10/30/2009
Cheque Amount -
6.32
æ.44 007554
156.44
6.32 007553
007555
0075s6
007559
68.¿14
145.71
000660 RELIANCE HOME COMFORT
00663103047210'lSNov WATER HE TER RENTAL
OOO752 RESQTECH SYSTEMS INC
00010164 LED MIRROR LIGHTS, FOAM
OOO1O25O LICENSING FEE FOR TRUCK
OOO829 SPECTRUM COMMUNICATIONS LTD
145.71
28.æ
28.æ
1,890.00 007557
15.00 007557
INSTALL RADIO INTO PUMPER
CONNECTORS, MOUNTING HARD\
ANTENNA BRACKETS, CONNECT(
HOLIDAY FEE - THATIKSGIMNG
ANSWERING SERVICE
1110/.12009
1110412009
1110512009
11115120æ
1111512009
1,905.00
427.',14 007558
189.81 007558
484.89 007558
10.50 007558
u.70 007558
OOO848 STRAFFORDVILLE CEMETERY BOARD
donations lN MEMORY DONATIONS
001418 TELUS
0't5894762016 DOLI-AR POOL SAVINGS
CHARGES015894762016'
CÁeque Amount -
1'U1912cn9 I
1,197.04
70.00
01589476201612005876 CELL PHONE - P GROENE\ÆLD
015894762016t6171156 CELL PHONE - G LEMAY
015894762016/6197656 CELL PHONE - A SWANCE
Cheque Amount -70.00
-19.25 007560
4.05 æ7s60
74.07 007560
42.09 007560
64.56 007560
't012712009
1012712009
1012712009
1012712009
10127t2009
c
c
I
I
I
Page
Cheque Register being Cheque #7522 to Cheque #7611 inclusive,
except Cheques #7499 and #7601 totaling $780,505.69 and
Page 110 of 269
2W9.07.22 6.3 9050 MUNICIPALITYOF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 11 llSl2OOg
1012712009
10t27t2009
10t27t2009
10t27t2009
10127/2009
'tot27l2@9
10127120ú,9
10t2712009
11tO5120æ
11t05t2009
filo5noog
ffl061200p
Cheque Amount -
11t05t2009 I
Cheque Amount.
fil04nw9 I
1111912009 4:O2PM
015894702016/6365709 CELL PHONE. PB FIRE DEPT
015894762016/6365787 CELL PHONE - ROADS DEPT
015894762016/636ô178 CELL PHONE. STRAF FIRE DEPT
0I5894762016/6366198 CELL PHONE. E BRADFIELD
0't5894762016/6366368 CELL PHONE - E ROLOSON
0't5894762016/63694An CELL PHONE - K KRUGER
015894762016i/66899s5 CELL PHONE - B BUTLER
015894762016/9021249 CELL PHONE - ROADS DEPT 2
01624249ß014n3/,9014 MOBTLE HIGH SPEED
016242498014/6366069 CELL PHONE - B KNTFTON
01624249æ14t6780758 MOBTLE H|GH SPEED
01624249801 4t67817 43 MOBTLE H|GH SPEED
44.86 007560
45.09 007560
44.86 007560
2i1.73 007560
203.43 007560
47.74 007560
54.41 007560
44.86 007560
41.76 007560
28.19 @7560
41.76 007560
4',t.76 007s60
OOO889 TILLONCA FIáGS & FI.AGPOLES LTD
1094575 FI GS
OOIOO2 TILLSONBURG FIRE & SAFEW EQUIPMENT
892.87
159.27 007561
12769
OOO9IO TOWI.¡ OFAYLMER
2010 registation
assistance
RECHARGE EXTINGUISHER
DOORS OPEN FÁST ELGIN
PHYSICIAI\¡ ASSISTANCE
Cheque Amount -27.85
500.00 007563
250.00 007563
11t19t20æ
1111912W9
159.27
27.85 007562
007566
OOO932 UNDERHILL FARM SUPPLY LTD
2129T57 LAWN SEED
Gheque Amount -750.00
175.52 0075er11t13t2@9 I
OOO935 UNION GAS LIMITED
273-210619G9754Nov
27f210624?4725Nov
OOO943 VALLEYVARIETY
02u
UTILITIES. E.C.C.
UTILITIES. PUMP#I
Cheque Amount -175.52
235.53 007565
19.49 007565
't11101200,9
1111012009
Cheque Amount -
11t16t2009 r
255.02
119.00GAS
OOO957 VOTH SALES & SERMCE LTD
0000181229
0@0181230
0000181235
000018131 I
000018'1321
BOLTS, NUTS, WASHERS
Cl-A¡ìlPS, MUD FLAPS
PINS
BOLTS, NUTS, SOCKET
LIGHTS
Cheque Amount -119.00
102.24 007567
62.10 007567
11',t.87 007567
17-03 007567
7.91 007567
ßt08l/20019
l0/08|/2009
1010912009
't012012009
10t2112009
I
I
I
I
I
Page
Cheque Register being Cheque #7522 to Cheque #7611 inclusive,
except Cheques #7499 and #7601 totaling $780,505.69 and
Page 111 of 269
2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 1111912009
1111912009 4:O2PM
0@0181326
0000181334
0000181340
0000181¡lilS
æ00181¿149
0000181450
0000181451
0000't81452
000018r473
FILTERS
DUSTSHIELD
AI-ARM BACKUP
REPI.ACE FUEL TA¡.IK, SERVICE
ANNUAL SAFETY & SERVICE
EMISSIONSTEST
EMISSIONSTEST
REPAIR COOLAT.IT LEAK
EMISSIONS TEST . TRUCK 3
273.4 007567
39.55 007567
37.28 007567
4,115.33 0075ô7
2,117.62 007567
68.25 007567
68.25 007567
n1.M 007567
68.25 007567
10t22f2009
1012312æ9
ßf23nw9
1012912Û'æ
r0/302009
10t30t1¿w9
ßßolÍ¿00€
10t3012009
10fæ120æ
000969 WESTBURNE RUDDY ONTARIO
3O47O9O NYLON PLUG, PART
3053584 NYLONPLUGS,CONNECTORS
Gheque Af¡ount -7,864.16
137.28 007@
83.64 007568
11t03t20æ
11tùsn¿009
Cheque Amount -220.92
Cheque Run Total -689,32489
Page
Cheque Register being Cheque #7522 to Cheque #7611 inclusive,
except Cheques #7499 and #7601 totaling $780,505.69 and
Page 112 of 269
2009.07.22 6.3 9050
000008 407 ETR
Nov 826654¿145
OOO274 E.L.M. CHAPTER
2010 membership
0@322 EVANS UTILITY
0000135196
0000135r97
0000135198
0000135237
TOLL CHARGES
CONFERENCE CHARGES
SEPTAGE RECEIVING
ELIZABETH ST SUBDIVISION
2O.IO MEMBERSHIP
WATERMAIN
MAIN STOP
COPPER PIPE
PARTS
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 1112612009
11t1,/2009 I
Cheque Amount -
11t1912009 I
Cheque Amount -
1112612009 2:00PM
22.50 007569
22.50
8,590.22 007570
8,590.22
178.79 007571
178.79
4,2',t7.33 @7572
918.75 007572
5,136.08
800.00 007573
800.00
27.æ 007574
27.æ
175.fi)007575
175.00
19.03 007576
524.05 007576
1,057.68 007576
1,2&.71 007576
OOOO23 AAROC AGGREGATES LTD
J059661
@1622 BELL CONFERENCING INC.
105355481
000220 oJDL
5433
5436
001026 DR. C. L. LEATHERDALE
059
o@272
GRAVEL
1111112009 I
Cheque Amount -
11t06t2009
11.10612009
Cheque Arnount -
coLLABoRATtON FEE - OCT09 11f2312æ9 I
Cheque Amount-
DYNAMIC FLUID PRODUCTS INC
r-9426r{ CRTMPS 11f2312009 I
Cheque Amount -
11t25t2009 I
Cheque Amount -
11t12t20t9
111',t212009
fit142@9
11t16t2009
I
I
I
I
Cheque Amount -
001288 FARMINGTON MECHAT¡ICAL lNC.
æ7566 E.C.C. ASBESTOSABATEMENT 111131200,9 I
Cheque Amount -
OOO334 FASTENALCANADA
oNTts304l1
oNTts30445
oNTls30457
oNTts30762
I
I
I
I
2,855.47
32,455.00 o07577
EXTINGUISHER, FIRST AID KIT
EXTINGUISHER
PARTS
SAFEWGLOVES
1110912009
1111012009
11t10t2009
1112412009
32,455.00
69.50 007578
48.31 007578
37.29 007578
88.82 007578
OOO357 G& K SERVICES CANADA INC
Cheque Amount -243.92
Page
Cheque Register being Cheque #7522 to Cheque #7611 inclusive,
except Cheques #7499 and #7601 totaling $780,505.69 and
Page 113 of 269
2009.07.22 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 1112612009
SHOP TOWELS, FLOOR MATS 11112r'2009
1112612009 2:00PM
1518478101 't78.94
001258 HENNESSY GIBSON HOGAN
51990 LEGALSERVICES
OOO427 HYDRO ONE NETWORKS INC
Cheque Amount -
10/30/2009 I
178.94
773.63
Nov 2539GO7266
Nov 2539G55(þ2
Nov 50221{5@9
Nov 6239G22001
Nov 6279GO7266
Nov 8159G07297
Nov 8?1790-07295
OOO4r'.7 JACKIE DECLERCQ
bayfiam bucks
001628 JUDYMARLATT
credit reimburse
reimburse credit
UTILITIES - VIENNA STL
UTILITIES. PT BUR STL HWY 19
UTI LITIES . SEWAGE PI.AT.¡T
UTILITIES - STRAF STL
UTILITIES. RCHMND STL
UTILITIES. EDEN STL
UTILITIES - CORINTH STL
GAS - BAYHAM BUCKS
2OO9 SUPPLEMENTAL
2OO8 SUPPLEMENTAL
Cheque Amount -
10t2z2w9 I
Gheque Amount -773.63
559.41 007581
1,649.85 007581
3,714.42 007581
1,037.36 00758r
185.20 007581
552.91 00758r
232.11 007581
11t17t2W9
11t17t2009
11t17f2W9
1111712009
11t17t20t9
1',|11712æ9
1111712009
7,931.26
'100.00
Cheque Amount -
ft24r2w
1112412009
100.00
343.51 007583
331.11 007583
001626 KARENBECHARD
reimburse cred¡t 2@9 SUPPLEMENTAL
000526 I.AEMERS TRUCKING LTD
ANNUAL SAFETY
Cheque Amount -
1112412009 I
385
392
001625 LOUISTOTH
reimburse credit
OOO572 MANULIFE FINANCIAL
r006æ208
100638313
Cheque Arnount -
10t23t2009
REPLACE REAR SPRING BRAKE 11I1OI2OO9
Cheque Amount -
1112412009 r
395.84
247.Æ 0075862OO9 SUPPLEMENTAL
DECEMBER'09 REMIT
DECEMBER'09 REMIT
Cheque Amount -
11t13t2009
11t1312009
247.48
5,034.29 007587
3,727.',t2 007587
29't.80
1¿{6.90
248.94
00758/.
007585
007585
007588
OOO574 MARGARET UNDERHILL
Cheque Amount -
1112512009 I
8,761.4'l
54.07award supplies REIMBURSE - SUPPLIES
Cheque Amount -
Page
Cheque Register being Cheque #7522 to Cheque #7611 inclusive,
except Cheques #7499 and #7601 totaling $780,505.69 and
Page 114 of 269
2@9.07.22 6.3 9050
001627 MARK ELLIOT
reimburse credit
00061O MINISTER OF FINAI{CE
plate renewal
001624 MINISTRY OF FINANCE / MTO
007-269,986
001623 MOFFAT & POWELL
21U7
23097
MUNICIPALIry OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register- 11f2612009
2OO9 SUPPLEMENTAL 11t24t2@9 I
Cheque Amount -
LICENCE PI.ATES - RENEWAL 1112412tr)9 I
Cheque Amount -
CVOR CERTIFICATE RENEWAL 1112512009 I
Cheque Amount -
1'112612009 2:00PM
531.89 007589
5,860.00
1æ.00 007591
531.89
5,860.00 007590
007592
007592
007594
007596
007597
BOLTS, WASHERS, AUGER BIT
WASHERS, PARTS
0€l/13/2009
08/1q2@]9
100.00
217.70
56.92
000619 MUNICIPAL HEALTH & SAFETY
2009,1041
2@91041a
200,4j-*1228
CHAINSAW OPERATOR COURSE
REVERSE - DUPLICATE PYMT
CONFINED SPACE ENTRY
UTILITIES - FIREHALL
UTILITIES - MED BLDG
UTILÍTIES. PUMP#s
uTrLrïES-S.C.C.
UTILITIES - OFFICE
UTILITIES -PUMP#2
UTILITIES - LIBRARY
UTILÍTIES. GARAGE
Cheque Amount -274.62
236.25 007593
-236.25 007593
u1.25 007593
09128f2009
09128f2009
1U30r20æ
I
c
I
Cheque Amount -
000621 MUNICIPALWORLD INC
subsøiption renew RENEWAL - SUBSCRIPTIONS 10/08/2009 |
Cheque Amount -
000633 NATURAL RESOURCE GAS LIMITED
u1.2s
51.98
Nov E123784'l
Nov Eí421241
Nov E22380{l
Nov E2420GO1
Nov E4540741
Nov E454GH)1
Nov E45410{l
Nov E5'l60GO1
1111912W9
1111912009
111't912009
1111912ñ9
1111912009
1111912009
11119120æ
't111912009
51.98
328.20 007595
136.25 007595
16.28 00759s
242.22 007595
191.24 007595
13.45 007595
25.æ 007595
298.08 007595
æ0642 NOELSCONSTRUCTION
891524 POURSIDEWALK
0@663 ONTARIO BUILDING OFFICIALS
69105 MEMBERSHIP RENEWAL
000694 PAULGROENE\ELD
Cheque Amount -
1111912009 I
1,25't.60
5,522.æ
Cheque Amount -
11/,t62ñ9 I
5,522.U
150.00
Gheque Amount -150.00
Page
Cheque Register being Cheque #7522 to Cheque #7611 inclusive,
except Cheques #7499 and #7601 totaling $780,505.69 and
Page 115 of 269
2009.07.22 6.3 9050
chief mtg
OOO733 R& R REFRIGERATION
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 1112612009
1112612009 2:00PM
1'U2012009
2893
2908
OOO737 RAMONA PEIDL
237361
237362
237363
CHIEF CONFERENCE
CHA¡.¡GE Fl-Al'lE SENSOR
EDISON MUSEUM FURNACE
Cheque Amount -
1111512009
1111612009
576.62
209.82 007599
357.00 007599
566.82
't,303.00 007600
637.00 007600
903.50 007600
OOO743 RBCROYALBANK
Nov4516050@0954'119 LUNCH MTG - FEASIBILITY
Nov 4516050000954'176 CREDIT BALA¡¡CE - DEERHURST
Nov45'16 0500009lll76 OBOA ONLINE COURSE
Nov451 60500 009541 76 AMCTO
Nov45'l 605000095 41 76 WALKERTON CLEAN WATER
Oct 45'l 60f}üXX)541 76 DEERHURST RESORT
RESOTECH SYSTEMS INC
OOOIO234 CHARGÊR, \ÆHICLE KIT
OOO77O RODGERMARTIN
#10 '09 ocToBER'og K-9 CONTROL
OCTOBER'09 CLEANING
Cheque Amount -
1013112009
ocTo8ER',09 CLEAT.ilNG - V.C.C. 1013112009
ocToBER'09 CLEA¡,¡ING - S.C.C. 1013112009
Cheque Amount -
10t2u2009
11tæ12009
1011912009
10t27t2009
11rca200]9
ogt14t2009
I
c
I
I
I
c
2,8r'.3.50
1U.21
-196.90
325.00
84.00
79.50
-196.90
Cheque Amount -
10131120É,9 I
228.91
719.8',1 007602
æ7603
007604
007605
007606
Cheque Amount -
'tot31l20nl9 I
719.81
1,312.50
001629 RUTH HORTON
reimburse credit 2OO9 SUPPLEMENTAL
@1 I 11 SOUTH CENTRAL ONTARIO
2010 membership 2010 MEMBERSHIP
000826 SOUTHWEST CHAPTER OF THE OBOA
09-102
001630 WALSTAN PAINTERS
3864046
2O1O MEMBERSHIP
Cheque Amount -
1112412ffi9 I
't,3't2.50
936.47
Cheque Amount -
't1120t2009 I
936.47
25.00
Cheque Amount -
11t2412009 I
Cheque Amount -
REPAIR WALL, PRIME & PAINT 1112512009 I
30.00
2,310.00 007607
000969 WESTBURNE RUDDY ONTARIO
Gheque Amount -2,310.00
Page
Cheque Register being Cheque #7522 to Cheque #7611 inclusive,
except Cheques #7499 and #7601 totaling $780,505.69 and
Page 116 of 269
2009.07.22 6.3 9050
3056893
9758130
MUNICIPALITYOF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 1ln6l2009
NYLON PLUGS, SERVICE CORDS 11/06/2009
CREDIT. NYL.ON PLUG flIA6I2OO9
11t26t2009
007608
007608
I
c
110.07
-23.15
OOO982 WLTSIE TRUCK BODIES LTD
22209 FLUID COOLING R.CDIATOR
Cheque Arnount -
11t18t2@9 I
æ,c2
æ4.20
Cheque Amount -
Cheque Run Tobl -93,998.64
Page
Cheque Register being Cheque #7522 to Cheque #7611 inclusive,
except Cheques #7499 and #7601 totaling $780,505.69 and
Page 117 of 269
2æ9.07.22 6.39050 MUNICIPALITYOF BAYHAM
General Ledger
Posting Summary Trace: 010594 Report Date: l12612009
1l26f200g 2:28PM
Accounts Payable Vo¡ded Gheque
FlscalYear:2009
PostedBy: SANDRA
Posting Pd.: ll Posting Date: 1112612009
01-01@'1030 General bank
01{10G1950 AccounbPayableTrade
CDIST credit applied twice
CDIST credit applied twice
Void Chq:7@l
RBC ROYAL BAI.¡K
Void Chq:7@1
RBC ROYAL BAT'¡K
Total Deb'rts
Total Crcdíts
Net Posting
Cheque Register being Cheque #7522 to Cheque #7611 inclusive,
except Cheques #7499 and #7601 totaling $780,505.69 and
Page 118 of 269
2@9.07.22 6.3 9050
OOO743 RBCROYALBAA¡K
Nov 4516050flþ954119 LUNCH MTG - FEASIBILITY
Nov 451fl)5üXXÌ954176 CREDIT BAIá¡.¡CE - DEERHURST
Nov4516 05@00954176 OBOA ONLINE COURSE
Nov45l 605ü) 009341 76 AMCTO
Nov451 60lXXþ95 41 76 WALKERTON CtEAtl WATER
Oct 4516050000S54176 DEERHURST RESORT
@45t6 05000093t1 76 DEERHURST RESORT
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 11126n009
ßü¿no09
11/06f2009
10/192009
ßn7PAOg
111022009
ogn4n0Æ,9
09i14nw9
C,hequeAmount-
Cheque Run Total -
fif26r2009 2:36PM
I
c
I
I
I
c
I
13É.21 007610
196.90 æ7610
325.00 007610
84.00 @7610
79.50 007610
-196.90 007610
196.90 007610
425.81
425.8',1
Page
Cheque Register being Cheque #7522 to Cheque #7611 inclusive,
except Cheques #7499 and #7601 totaling $780,505.69 and
Page 119 of 269
0006æ MUNICIPALITY OF BAYHAM
Ocl/l'lov petty PETTY CASH
MUN¡CIPALITYOF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 11126f2009
11f2612009 ¡
ChequeAmount-
Cheque Run Total -212-æ
Page
Cheque Register being Cheque #7522 to Cheque #7611 inclusive,
except Cheques #7499 and #7601 totaling $780,505.69 and
Page 120 of 269
SORW I{UNICIPALITY OF BAYHAI.I
TOT PACKETS - 2
ADP CANADAPAYROLL TECHNOLOGIES
DAILY UPDATE REPORTCOI{PANY TOTALS
ADJ UST - CR CURRENT TOTAL
4 ,949 . 84
703.77
I ,808.36
I , 0 14.51
L2,476.48
38,379.91
50.00
34,q29.9L
50 ,906,59
1I5.92
5.80
51 ,028. 1 1
ANALYSIS OF SERVICE CHARGES
RUN: NOV 3 2009 N0: A
PAGE: I552
cST REG: 1000574I5 RTO004
C0ilPANY PAGE: 5
DEBIT DATE: NOV 4, 2009
DATE oF PAY: NoV 6, 2OO9
FEDL TAX
NR TAX
PROV TAX
EI CONT
QPIP
CAN PEN
QC PEN
QC HSF
ON EHT
I{B HET
NL I.IAPSET
TOT STATS
CI{EQUES
DEPOS I TS
US DEPS
DED DEPS
TOT NPAY
RRSP
RTI
TOT PAYROL
SERV CHRG
GST
PST
GRAND TOT
CURRENT
8,949,84
70s.77
I ,808.36
r,014.5I
L2,476.4a
58,379.91
50,00
38,429.9L
50 ,906.59
115.92
5.80
51 ,02E. I I
ADJUST.DR YTD ADJUST
f TE}t
PAYROLL RUNS
YTD TOTAL
2O8,III.05 FEDL TAX
NR TAX
PROV TAX
37,665-L4 EI CoNT
QPIP94,990.76 CAN PEN
QC PEN
QC HSF
24,235.2L 0N EHT
HB HET
NL HAPSET
365,0O2.L6 TOT STATS
56,607 .50 CHEQUES
885,525.61 DEPOSITS
US DEPS
I,I5O.OO DED DEPS
945,283, tl TOT NPAY
RRSP
RTI
L,3O8,285.27 TOT PAYRoL
5,255.43 SERV CHRG
L6L.69 GST
PST
1,5I1,680.39 GRAND TOT
ITEI{ UNITS
SALARIED WORKPAYS 2L
PAY ADVICE FOLD 52
TOTAL S/C SUBJECT TO GST IS:
TOTAL PAYROLL DEBIT IS
CHARGE
35.59
7.04
ITE}I
HOURLY }¡OR,KPAYS
COURIER FEE
II5.92
UNITS
11
I
CHARGE
L7 .49
12.00
UNITS
I
CHARGE
46.0O
5I,028.II DEBIT INFORI{ATI0N: 003 05I02 10I1925
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TOT PACKETS - 2
CURRENT
FEDL TAX 7,945.65
T{R TAX
PROV TAX
EI CONT 5L2.76
QPIP
CAN PEN L,754.90qC PENqC HSF
oN EHT 942.97
I{B HET
NL HAPSET
TOT STATS 1t,156.28
CHEQUES
DEPOSITS 35,804.84
US DEPS
DED DEPS 5O.OO
TOT NPAY 35,854.84
RRSP
RTI
ADJUST-DR
ADP CANADA
PAYROLL TECHNOLOCTES
DAILY UPDATE REPORTCOI{PANY TOTALS
ADJUST.CR CURRENT TOTAL
7,945.65
5L2.76
L,754.90
942.97
I1,t56.28
35, E04. E4
50.00
55, 854 . 84
47,ÛLL.L2
LL7.42
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47 ,L34.4L
ANALYSIS OF SERVICE CHARGES
ITE}I UNITS
SALARIED }IORKPAYS 20
PAY ADVICE FOLD 32
LL7.42
RUN: NOV L7 2oo9 No: A
PAGE: Lt89
GST REG: 100057t15 RT0004
COI{PANY PAGE: 3
DEBIT DATE: NOV 18, 2009
DATE OF PAY: NOV 20, 2OO9
YTD ADJUST
ITEI{
HOURLY !¡ORKPAYS
COURIER FEE
YTD TOTAL
2L6,056.7O FEDL TAX
NR TAX
PROV TAX
58,177.90 EI CoNT
QPIP96,745.66 CAN PEN
QC PEN
QC HSF
25,178.18 0N EHT
I{E HET
NL HAPSET
376,LEA.44 TOT STATS
56,607.50 CHEQUES
92I,530. t5 DEPOSITS
US DEPS
I,2OO.OO DED DEPS
979,L37.95 TOT NPAY
RRSP
RTI
L,355,296-39 TOT PAYRoL
3,550.85 SERV CHRG
L67.56 GST
PST
I,358,8I4.80 GRAND TOT
TOT PAYROL
SERV CHRG
GST
PST
GRAND TOT
ITEI{
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TOTAL S./C SUEJECT TO GST IS:
TOTAL PAYROLL DEBIT IS 47,L34-4L DEBIT INFORIIATION: 005 05102 tOl1925
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Page I ofl
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ctt9Lynda Millard
From: valerie donnell [clv2donnell@msn.com]
Sent: Thursday, November26,2009 5:31 PM
To: Lynda Millard
Hi Lynda. I'm not sure who to contact but I was told that if I sent this annoucement
to the mun¡cipality it could be put up on the sign out front of the office.
Special Event
All welcome
to Caroling in the Vienna Park,
Sat.Dec 19 @ 7pm.
Refreshments & Goodies supplied, possible visit from Santa.. Bring your voices.
Thanks Val
Get Windows 7 for only $39.99-CDN College or UniversiÇ students only. This offer ends Jan 3-
uAgradertorryl
ì". /1@ -l p^
Co. ro I i-''' g o-t
\,/ ¡o .'n,r Þu, l<
A li ,.*L I c ¡.nñ {
rr/30/2009
Request received from Valerie Donnell for use of the municipal
sign regarding "Caroling in the Vienna Park". File: C13
Page 123 of 269
Page 124 of 269
LL/2,7 /2005 14:07 FA.X
TOWNSHIP OF SOUTHWOLD
November 24,2009
TO ALL ELGIN COUNTY MUNICIPALITIES
Re; lnternational plowing Match 2o1o - Beautiftcation challenge
Øooz
q
ht lp
35663 Firrgal Line
Fingal, ON NOL 1KO
Phone: (519) T69-2010
Fax: (519) T69213T
d m c I eo d@uyp. s o uthu.ol d. o n. ca
Please be advised that Council at its regular meetirþ on Novembe r 23,2oogpassed the ,following resolution:
2009-331 ''[he Gouncilof the Township of Southwold has demonstrated pride in thei'communþ by accepting the lntemational Plowing Match Beáutification
Challenge.
the Councilof ,:he
to allmunicipa
autificationchauenge.
outhwoldin
Furthermore the Council of the
Gounty municipalities to find c
vísitors to the lpM 2010 and all
Beautification Committee.', (Ca
Further to the above, I respectfr.rlly request you notify me if you accspt the challenge and will beparticipating.
The Township of Southwold looks forward to everyone participating in this fun challenge!
I
I
i
:
I
James Mclntyre
Mayor
Correspondence dated November 24, 2009 from Township of
Southwold regarding "International Plowing Match 2010 -
Page 125 of 269
Page 126 of 269
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT: Reappointment of Closed Meeting lnvestigator
DATE: December 3,2009
FILE: NcT
NUMBERz C2009-028
PurDose
This report is to recommend reappointment of JGM Consulting as the Closed Meeting Investigator for
the Municipality pursuant to the Municipal Act.
Background
As Council may recall, Mr. John Maddox (JGM Consulting) was appointed the Closed Meeting
lnvestigator for Bayham for 2008 and 2009. All other municipalities in Elgin County also appointed
Mr. Maddox. Mr. Maddox received a retainer of $300 for Bayham (paid by the County along with their
retainer of $1,000), and the service agreement provided for $100 per hour for any required
investigations.
Mr. Maddox has proposed to extend the current arrangements for a further two-year period. The
County of Elgin has again agreed to pay the retainer.
Staff Comments
Area administrators have all recommended the reappointment of JGM for a further two years. Staff
confirm County Council has approved this recommendation. Other options include the appointment of
the Ombudsman, or retaining a lawyer without a retainer. Staff have been satisfied with Mr. Maddox
services, though no formal investigations have been required.
Attachments
1 . Draft By-law No. 2009- 1 32, to Reappoint JGM Consulting as Investigator pursuant to the Municipal
Act
Strateeic Plan Goal(s)
Goal #1 - Practice responsible financial management
Goal #4 - Be dedicated to service excellence
Recommendation
That Mr. John Maddox (JGM Consulting) be reappointed as Closed Meeting Investigator for the
Municipality of Bayham for a further two-year term (2010,2071), and that draft By-law No. 2009-132
be presented to Council for enactment.
ubmittedResp
Kyle Administrator
Staff Report C2009-028 regarding Reappointment of Closed
Meeting Investigator. File: A09
Page 127 of 269
THE CORPORATION OF THE
MT]NICIPALITY OF BAYHAM
BY-LAW NO.2009-132
BEING A BY.LAW TO REAPPOINT JGM CONST]LTING AS
TrIE IÌ{VESTTGATOR PURSUA¡IT TO SECTIONS 8, 9, 10 AI\D
239.1OF TIIE MTINTCIPAL ACT,2001,S.O.2001, C.25, AS
AMENDED
WHEREAS eflective January 1,2008, pursuantto Section 239.1 of the Municipal Act,200l, S.O.
2001, c.25, as amended, a person may request an investigation of whether a municipality or local
board has complied with section 239 of the Municipal Act,200l, as amended, or a procedural by-law
under subsection 238Q) in respect of a meeting or part of a meeting that was closed to the public;
AND WHEREAS the Council of Municipality of Bayham did by By'law No. 2007-093 appoint JGM
Consulting as the Investigator to investigate all requests on behalf of the Municipality and its local
boards for a one year term commencing January 1, 2008;
AND V/HEREAS Council deemed it desirable to reappoint JGM Consulting as the Investigator to
investigate all requests on behalf of the Municipalþ and its Local Boards for a further one year term
commencing January l, 2009;
AND WHEREAS Council deems it desirable to reappoint JGM Consulting as the Investigator to
investigate all requests on behalf of the Municipality and its Local Boards for a further two year term
commencing January l, 2010;
NOW THEREFORE THE COLINCIL OF TTIE CORPORATION OF THE MUNICPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. That JGM Consulting is hereby reappointed as the independent Investigator to investigate in
accordance with Section239.2 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, all
requests for an investigation of the Council and its committees and the local boa¡ds of the
Municipality and their committees for an additional two-year term commencing January 1,
2010.
2. That all other terms and provisions of By-law No. 2007-093 as amended by By-law No. 2007-
ll7 and 2008-117, and in the subject agreement with JGM Consulting shall remain.
3. That this ByJaw shall come into force and take effect immediately upon the final passing
thereof.
READ A FIRST, SECOND AND THIRD TIME AND F'INALLY PASSED THIS 3RD DAY OF
DECEMBER 2009.
MAYOR CLERK
Staff Report C2009-028 regarding Reappointment of Closed
Meeting Investigator. File: A09
Page 128 of 269
TO:
FROM:
SUBJECT:
CORPORATION OF THE MUNICIPALITY
STAFF REPORT
Mayor and Members of Council
Administrator
Harbourfront Committee Terms of Reference
OF BAYHAM
DATE: November 25,2009
FILE: (rr>
NUMBERz C2009-29
Purpose
This report is further to potential terms of reference for a Municipality of Bayham
Harbourfront Committee.
Background
At the September 17th, 2009 Council meeting, Mr. Doug Lester presented a request to
establish a Municipal Harbour Committee that would address not only emergency concerns,
but items such as harbour and pier aesthetics. He suggested Council consider representation
on the Committee from Council, the Chamber of Commerce, the community and municipal
staff.
Council considered the matter and requested that staff provide draft terms of reference for
such a committee for Council review.
Staff Comments
Staff provided draft Terms of Reference to Mr. Lester for circulation and review
existing informal community committee. The final draft as attached to this
incorporates the majority of comments received.
Should Council wish to proceed in establishing such a committee, the attached Terms of
Reference could be adopted and appointment then would follow shortly.
Attachments:
1. Draft By-lawNo. 2009-133, to establish the Bayham Harbourfront Committee
Strategic Plan Goal(s):
Goal #3 - Create a positive business atmosphere
Goal #4 - Be dedicated to service excellence
Recommendation(s):
That By-law No. 2009-133 to establish the Bayham Harbourfront Committee be presented to
Council for enactment.
by the
report
Staff Report C2009-29 regarding Harbourfront Committee Terms
of Reference. File: C00
Page 129 of 269
THE CORPORATION OF THE
MTTNICIPALITY OF BAYHAM
BY-LAW NO. 2009-133
A BY.LAW TO ESTABLISH THE BAYHAM HARBOURX'RONT
COMMITTEE
\ryHEREAS Section l1 of the Municipal Act, 2001, S.O. 2001, c.25 as amended provides that a
lower tier municipality may pass by-laws respecting Economic Development Services
AND \ilHEREAS the Council of the Corporation of the Municipality of Bayham desires to
promote and enhance the harbourfront a¡ea of the municipality, and to implement a Committee
in support ofthese goals.
AND \ilIIEREAS Council considers it expedient to establish a committee to support the
development, improvement, and promotion of the Bayharn harbourfront area.
THERET'ORE THE COT]]\CIL OF THE CORPORATION OF THE MUMCIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. TIIAT the Council of The Corporation of the Municipality of Bayham hereby establishes
a committee to be known as the Bayham Harbourfront Committee whose terms of
reference are set out in Schedule "4" attached hereto and forming part of this byJaw.
2. THAT the said Committee shall be considered as a Committee of Council and all
members of the committee shall be appointed by Council as set out in the Terms of
Reference.
3. THAT the said Committee shall operate in accordance with the said Terms of Reference
which are hereby adopted.
4. THAT this By-law establishing the Bayham Ha¡bourfront Committee as set out in said
Schedule "4" attached shall come into full force and effect on December 3,2009.
READ A FIRST AND SECOND TIME this 3'd day of December 2009.
READ A THIRD TIME AND FINALLY PASSED this 3'd day of December 2009.
MAYOR CLERK
Staff Report C2009-29 regarding Harbourfront Committee Terms
of Reference. File: C00
Page 130 of 269
December 2009
BAYIIAM HARBOURFRONT COMMITTEE
Terms of Reference
ESTABLISHMENT
Established by ByJawNo. 2009-133, enacted by Council on December 3rd, 2009.
NAME OF COMMITTEE
The Committee will be known as the "Bayham Hørbourfront Committee".
MANDATE
The Committee will provide advice, assistance, and support to Bayham Council in regard to the
development, improvement, and promotion of the Bayham harbourfront area and related
infrastructure.
The Committee will work towards the creation of a vibrant harbourfront a¡ea to promote a strong
economic base with enhanced tourism and inclusion of natural and heritage resoruces. The
Committee will develop and recommend to Council strategies and works for the maintenance,
improvement and enhancement of the ha¡bour area.
OBJECTIVES
The Committee will concentrate on the development of strategies, initiatives, and activities for
the improvement of the harbour area to include infrastructure improvements, beautification, and
tourism development, with the goal to contribute to employment opportunities, community
renewal and beautification, recreational opportunities, and commercial opportunities. In
particular, the committee will review and investigate opportunities for a navigable harbour for
commercial and recreational vessels and work with all levels of government to investigate
funding and obtain permissions for dredging of the channel.
The Committee will work closely with other related groups and agencies including the County of
Elgin Economic Development department, Otter Valley Chamber of Commerce, and Port
Burwell Provincial Park.
Physical assets to be considered include but are not limited to the east beach, memorial park, east
pier, and harbour itself.
MEMBERSHIP / TERMS OF OF'FICE
Appointments will be made by the Council of the Municipality of Bayham. Membership will be
comprised of one or more members of Council and a minimum of 5 and maximum of l0
individuals from the community representing a cross section of business and communþ
members of Bayham. Membership should include representation from the retaiUcommercial
sector, tourism, fisheries, recreational boaters, and the general public.
All members will serve for a term to coincide with the term of Council.
A Secretary will be appointed by the Committee to prepare minutes and agendas. Council may
appoint staffsupport as necessary.
Staff Report C2009-29 regarding Harbourfront Committee Terms
of Reference. File: C00
Page 131 of 269
Annointment of Chair/Vice Chair
At the first meeting in each calendar year, the Committee will select a Chair and a Vice Chair
who will assume the role of the Chair in his/her absence.
Vacancies
All voting members will remain in offrce until their respective successors are appointed by
Council. In the event of a vacancy during a term, the Committee will recruit replacement
members and recommend appointments to be made by Council.
PROCEEDINGS
1. Frequencv of Meetinss
Meetings will be held a minimum of quarterly, on the third Monday of the month at7:00
p.m. in the Bayham Municipal Offrce Committee Room or as otherwise directed or re-
scheduled by the Chair.
2. Ouorum
A quorum will consist of not less than half plus one of the total number of appointed
voting members. If there is no quorum within twenty minutes of the scheduled time for
the meeting, the Chair will re-schedule the meeting date. Members are urged to call the
Secretary and advise ofany regrets.
3. Votine
A majority vote of members present will be used to reach a decision on matters before the
Committee.
4. Establishment of Subcommittees
In order for the Committee to achieve its goals and mandate, the Committee may utilize
Subcommittees. Members of these Subcommittees and workgroups shall be appointed by
and serve at the pleasure of the Committee. Appropriate minutes of each subcommittee
shall be maintained and circulated to the Committee.
5. Renortins To Council
Minutes of committee meetings will be circulated to Council. Annuall¡ the Committee
shall:o Submit a proposed budget to Council for considerations for the following fiscal year
o Present an action plan for the forthcoming year and report on current year activities
All expenditures must be included in the approved current budget and the Committee
must give authorization for each transaction. The Committee is subject to the Municipal
Procurement Policies.
Staff Report C2009-29 regarding Harbourfront Committee Terms
of Reference. File: C00
Page 132 of 269
Staff Report C2009-030 regarding Edison Museum Furnace
Breakdown. File: A20
Page 133 of 269
Staff Report C2009-030 regarding Edison Museum Furnace
Breakdown. File: A20
Page 134 of 269
Staff Report C2009-030 regarding Edison Museum Furnace
Breakdown. File: A20
Page 135 of 269
Staff Report C2009-030 regarding Edison Museum Furnace
Breakdown. File: A20
Page 136 of 269
Staff Report C2009-030 regarding Edison Museum Furnace
Breakdown. File: A20
Page 137 of 269
Staff Report C2009-030 regarding Edison Museum Furnace
Breakdown. File: A20
Page 138 of 269
Staff Report C2009-030 regarding Edison Museum Furnace
Breakdown. File: A20
Page 139 of 269
Staff Report C2009-030 regarding Edison Museum Furnace
Breakdown. File: A20
Page 140 of 269
Staff Report C2009-030 regarding Edison Museum Furnace
Breakdown. File: A20
Page 141 of 269
Page 142 of 269
TIIE CORPORATION OF TIIE MT]NICIPALITY OF BAYHAM
BY-LAW NO. 2009- 131
A BY-LAW TO REPEAL BY-LAW 2005-108, BY-LAW 2007-118
BEING BY.LAWS TO APPOINT MTJNICIPAL
OFT'ICERS AND EMPLOYEES FOR TIIE
MUNICIPALITY OF BAYHAM
WIIEREAS pursuant to the Municipal Act, 2001, S.O. 2001 c.25, as amended, municipalities may
appoint officers and employees as maybe necessary for the purposes of the Corporation;
AND WIIEREAS Subsection 6 (1) of ttre Fire Protection and Prevention Act,1997, S.O. 1997, C. 4
provides that if a fire department is established for the whole or a part of a municipality or for more
than one municþality, the council of the municipality or the councils of the municipalities, as the
case may be, shall appoint a fire chief for the fire deparfinent;
AND WHEREAS Onta¡io Regulation 380104, a Regulation passed under authority of the Emergency
Management Act, R.S.O. 1999, C. E.9, provides in part that every Municipalþ shall designate an
employee of the municipality or a me,mber of the council as its emergency management program co-
ordinator;
AND WHEREAS Subsection 3 Q) of ttre Building Code Act, S.O. 1992, c.23, as amended, provides
that the council of each municipatity shall appoint a chief building official and such inspectors as are
necessary for the enforcement of the Act, in the areas in which the municþality has jwisdiction;
AND WHEREAS, the Council of the Municipality of Bayham deems it necessary and expedient to
provide a new byJaw to appoint municipal ofücers and employees for the purposes of the
Municipality to reflect various staff changes made, and repeal ByJaws 2005-108, as amended, and
2007-118.
THF'REFORE THE COTINCIL OF TITF', CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
THAT the following officers and / or employees be and they are hereby appointed to act in the
capacity provided in the Municipality of Bayham for the purpose of administering and where
applicable enforcing municþal by-laws and Provincial Statutes and Regulations associated with
each position and the approved job descriptions are to be fulfilled:
1.
2.
3.
Oflíce/Posítìon
Administrator/Deputy Treasurer/Deputy Clerk
Clerk
TreasurerÆax Collector
Name
Kyle Iftuger
Lynda Millard
Suzanna Dieleman Mantel
Draft By-Law 2009-131 being a By-Law to appoint Municipal
Officers and Employees.
Page 143 of 269
By-lawNo.2009-131 -2
4. Planning Co-ordinator/Deputy Clerk Margaret Underhill
& Lottery Licencing Officer
5. Administative/Accounting Clerk Donna McCord
6. Customer Service/Accounts Payable Clerk Sandra Maertens
7. Customer Sen¡ice Clerk/Adminisfrative Assistant Brenda Gibbons
8. Chief Building Official/Drainage Superintendent/ William l(nifton
Sewage Systems Inspector/By-law Enforcement Officer/
Property Standa¡ds Officer and Provincial Offences Officer
9. Water/Wastewater Superintendent Ed Roloson
10. Manager of Public V/orks Gerry LeMay
11. Fire ChieftsyJaw Enforcement Officer/?roperty Standards Paul Groeneveld
Officer, Provincial Offences Officer and
Community Emergency Management Co-ordinator
12. Port Burwell Fire Station Chief Tom Millard
13. Straffordville Fire Station Chief Perry Grant
14. LivestockValuer Paul Groeneveld
15. Tree CommissionerAMeed Inspector David Pullen
16. Bayham Commrurity Ce,ntre Manager (Straffordville) Jackie DeClercq
17. Canine Control Officer and Dog Pound Keeper Roger Martin, K-9 Control
(by contract - as needed basis)
2. THAT Appointrnent By-law 2005-108 and all amendments thereto are hereby rescinded.
3. THAT this byJaw shall come into force and take effect on the day of passing.
READ A FIRST AND SECOND TIME this 3'd day of December 2009.
READ A TIIIRD TIME and fìnally passed, this 3'd day of December 2009.
MAYOR CLERI(
Draft By-Law 2009-131 being a By-Law to appoint Municipal
Officers and Employees.
Page 144 of 269
q
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF MEMORANDT]M
TO: Mayor & Members of Council DATE: November 25,2009
FROM: Kyle Kruger, Administrator FILE: Pl+
SUBJECT: Potential Working Group - Natural Gardens and Animal Control Issues
At the November lgth, 2009 Council meeting, Council discussed and received several delegations
regarding draft Animal Control By-law 2009-07I, particularly surrounding the question of keeping
chickens within urban areas of the municipality. At the same time, some mention was also made of
forming a group to examine potential policies and procedures regarding natural gardens and impacts on
the current yard maintenance by-law.
Council suggested some general parameters for such a working group would be helpful. To that end, staff
would provide the following suggestions:
. That Council establish by resolution a working group to be referred to as a "Natural Gardens and
Animal Control Advisory Group"
. The Advisory Group be composed of between 5 and 7 members of the public, and one member of
Council. Public representatives would be appointed by Council following a call for volunteers.
Applicants would be requested to provide a short description of their interest in the issue and
background, to ensure that Council could select a good cross section of individuals/interests.
. A staff representative attend Advisory Group meetings to provide general assistance/input, but not to
direct nor carry out the group research. It is anticipated members will undertake needed research.
. The Advisory Group first address the issue of natural gardens, and report to Council on a
recommended course of action, policies, and procedures by the end of March 2010.
. The Advisory Group subsequently address the issue of Animal Control within urban areas of the
municipality (excluding dogs and cats) and report to Council by the end of May 2010.
. That following completion of these projects, the Advisory Group would terminate.
Staff Memorandum regarding Potential Working Group - Natural
Gardens and Animal Control Issues. File: P14
Page 145 of 269
Page 146 of 269
CORPORATION OF THE MUNICIPALITY OF BAYHAM ..I
STAFF MEMORAI\DUM
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT: Boundaries Act Legal Input
DATE: October 28,2009
FILE: I i.r r
At its October 15th meeting, Council deferred undertaking activity regarding Report C2009-025 in regard
to the Boundaries Act, pending legal comment.
Staff have had some general discussions with the solicitor about the Act, and it is suggested there is little
to add to the report as drafted.
In regard to research and a survey, those doing the investigative survey and title review will generally rely
on information obtained at the local land registry office. Other sources that may assist such as previous
survey field notes, aerial photographs, etc (if such exist) may also be used.
Discussions regarding the purpose or benefit of proceeding with application under the Boundaries Act did
not identifu a specific benefit from a legal perspective respecting the Estherville cemetery question, nor
were any negative ramifications identified, excepting of course the potential costs. In regard to those
costs, initial legal opinion is that the Municipality should enter into the process expecting to pay all costs.
In summary, the suggestion put forward by the solicitor, if the process were considered by Council, would
be to proceed with an investigative survey first, and depending on the findings, determine if there are any
issues that may involve the Boundaries Act.
Staff Memorandum regarding Boundaries Act Legal Input. File:
L08
Page 147 of 269
Page 148 of 269
CORPORATION OF TIIE MTIII{IGIPALITY OT' BAYHAM
STAFT'REPORT
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT: Response to MOE Order - Richmond Water System
DATE: November 16,2009
FILE: eo& \?icL
NUMBER:82009-13
Purpose
This report is to further to the Notice of Intention to Issue an Order provided by the Ministry of the
Environment regarding the Richmond Water System.
Background
Council is aware of the Notice of Intention to Issue an Order pursuant to the Safe Drinking Water
Act received via email October 30,2009 (paper copy received November 5,2009). Under the
authority of that Act, the MOE intends to order the Municipality to take charge of and operate the
Richmond well supply and distribution system by January 4, 2010. As an alternative, the
Municipality may submit a plan for implementing connection to the current municipal system,
supplying the Richmond system with water from the municipal system, or establishing a new
municipal drinking water system in Richmond. The Notice provides that the Municipality must
provide its written response no later than December 1, 2009.
Staff Comments
As mentioned in a previous report, staff have been advised that the key pu{pose in providing
response to the MOE is to outline the Municipal intentions/activity plans to implement the Order.
The following outlines several response and service options that could be pursued, as well as some
general issues that staffbelieve need to be addressed.
Option I - Appeal the MOE Order
The Municipality does have the option of appealing the order. Initial legal comment indicates
little chance of success, and ultimately will result in expenditures that could instead be utilized to
pursue improvements to the water system.
In reviewing the issues with the Richmond System, and the reasons for the Notice, staff note the
difficulties expressed by the MOE regarding the source water and treatment needs. This may be
the primary issue regarding compliance with the Safe Drinking Water Act. Therefore there may
be opportunity to separate the treatment and distribution issues, and respond accordingly.
Under this scenario, the Municipality would decline operation of the system, and allow Richmond
Community Vy'ater Inc. to continue operating the system. The Municipality would undertake to
complete planning and implementation of a recommended solution regarding source water and
treatment. The intent would be for the system to remain under the current ownership.
Option 3 - Assume operations and improvements - V/ith additional staff
The Notice as drafted provides that the Municipality assume all responsibility for the system
including daily operations. As has been previously mentioned, in order to undertake operations,
current staff would be required to obtain certification respecting treatment. Staff will not be in a
position to complete the required training until at least March 37,2010, due to the availability and
Staff Report E2009-13 regarding Response to MOE Order -
Richmond Water System. File: E08
Page 149 of 269
length of required courses and exams. Additionally staffing needs are impacted. It is estimated
that an average four hours per day additional staff time is required to complete operational and
maintenance requirements in compliance with regulations (based on current source water and
treatment processes). This does not include general repairs, locates, weekend requirements or time
needed to examine and implement any system improvements. At minimum, one part-time
operator will be required to fulfill this need.
This option will therefore require a request for deferral in assuming the operation to meet the
training and staff retention needs, and potentially undertake the operations on an interim basis.
Planning for system improvements would commence immediately.
In regard to additional staffing required, the option exists to utilize the existing Richmond
operators to alleviate wage costs for basic daily operations. The current operators would be
retained as contract employees (though without wages) to undertake certain portions of the daily
operating needs and provide after hours on-call duties, in concert with existing staff. This option
does create some concerns with clear delineation of duties and necessitates some discussions and
agreement with CUPE. It would assist in reducing costs to Richmond users. However, initial
contacts indicate that this may not be acceptable to the current operators.
Option 5a - Retain Private Contractor
In regard to the daily operations, the Municipality may contract with a qualified operator to
provide the necessary services. Staff have approached OCWA, and have been provided the
following pricing:
Operator or mechanic - $82.50 per hour per person
Operations Manager - $127.50 per hour per person
Based on the estimated time requirements supplied by staff (per Option 4), this would equate to
approximately $1,900 per week ($98,800 annually). This does not include items such as mileage,
minimum call-outs, management fees, equipment and supplies, etc.
Option 5b - Contract with Richmond Community Water Inc.
As an alternative, the Municipality could also contract with Richmond community Water Inc. for
daily operations. Again the intent would be to reduce costs for the Richmond water customers.
However, this option does not address the needs to improve the supply and treatment needs.
Additionally, Richmond Community Water does not have insurance, and the liability then rests
with the Municipality. Further, the personal liability for directors, including members of Council,
may not be adequately addressed.
Other issues
Regardless of the option selected, the Municipality should also request clarification regarding
liability, as the current system is under an advisory and is identified as deficient. Relief from
regulations may be requested pursuant to section 117 of the Safe Drinking Water Act.
Additionally, the submission should seek clarification of applicable regulations that will come into
affect as the system is deemed a municipal system. Items such as DWQMS and source water
protection under the Clean Water Act should be addressed.
As well, given the advisory in place and MOE concerns, the Municipality should examine other
issues such as restrictions on new development for the area.
Staff Report E2009-13 regarding Response to MOE Order -
Richmond Water System. File: E08
Page 150 of 269
Summar.v
Depending on the final order issued after the municipal submission, the Municipalþ may need to
put in place the stafhng and operational arrangements to operate the Richmond system, and will
need to initiate long-term solutions for the treatment and raw water source to address MOE
concerns. The examination of these solutions will involve significant engineering assistance. The
Municipality may also be required to undertake significant operational and legislative initiates to
meet with requirements for municipal systems, including items such as DWQMS and source water
protection under the Clean Water Act.
Staff have contacted Stantec Consulting, ffid requested a proposal to examine and make
recoÍtmendations for the source water and treatment improvements. Stantec has submitted a
proposal to provide assistance the municipality to finalize its response to the MOE, and assist in
preparing a detailed plan to review and implement improvements to the supply and treatment
issues as required in the current Notice, at an upset cost of $ I I ,000.
Staff would suggest Option #2 be the preferred option presented to the MOE, and in the
alternative, should that not be accepted, Option #3 be pursued.
Strategic Plan Goal(s)
Goal#2 - Ensure reliable, well maintained and secure infrastructure
GoaI #4 - Be dedicated to service excellence
Goal #5 - Develop a new and improved infrastructure network
Recommendation
THAT Council retain Stantec Consulting for assistance to finalize response to the MOE and
prepare detailed plan for improvements respecting the Richmond Community Water System, and
that staff be authorized to complete a response as outlined in report F,2009-13.
Staff Report E2009-13 regarding Response to MOE Order -
Richmond Water System. File: E08
Page 151 of 269
Page 152 of 269
THE CORPORATION OF THE
MTJNICIPALITY OF BAYHAM
BY-LAW NO. 2009-132
BEING A BY.LAW TO REAPPOINT JGM CONSULTING AS
THE TIYVESTTGATOR PURSUANT TO SECTIONS 8,9, 10 AllD
239.1OF THE MIINICIPAL ACT, 2001, S.O.2001, C.25, AS
AMENDED
V/HEREAS effective January 1,2008, pursuant to Section 239.1 of the Municipal Act, 2001, S.O.
2007, c.25, as amended, a person may request an investigation of whether a municipality or local
board has complied with section 239 of the Municipal Act,200l, as amended, or a procedural by-law
under subsection 238(2) in respect of a meeting or part of a meeting that was closed to the public;
AND WHEREAS the Council of Municipality of Bayham did by By-law No. 2007-093 appoint JGM
Consulting as the Investigator to investigate all requests on behalf of the Municipality and its local
boards for a one year term commencing January 1, 2008;
AND WHEREAS Council deemed it desirable to reappoint JGM Consulting as the Investigator to
investigate all requests on behalf of the Municipality and its Local Boards for a further one year term
commencing January l, 2009;
AND WHEREAS Council deems it desirable to reappoint JGM Consulting as the Investigator to
investigate all requests on behalf of the Municipality and its Local Boards for a further two year term
commencing January l, 2010;
NOW TI{EREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. That JGM Consulting is hereby reappointed as the independent Investigator to investigate in
accordance with Section 239.2 of the Municipal Act,200l, S.O. 2001 , c.25, as amended, all
requests for an investigation of the Council and its committees and the local boards of the
Municipality and their committees for an additional two-year term commencing January 1,
2010.
2. That all other terms and provisions of By-law No. 2007-093 as amended by By-law No. 2007-
II7 and 2008-1 17, and in the subject agreement with JGM Consulting shall remain.
3. That this By-law shall come into force and take effect immediately upon the final passing
thereof.
READ A FIRST, SECOND AND THIRD TIME AIID FINALLY PASSED THIS 3RD DAY OF
DECEMBER 2009.
MAYOR CLERK
By-Law 2009-132 A By-Law to reappoint Closed Meeting
Investigator (JGM Consulting)
Page 153 of 269
Page 154 of 269
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LA\il NO. 2009-133
A BY-LAW TO ESTABLISH THE BAYHAM HARBOURFRONT
COMMITTEE
WIIEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a
lower tier municipahty may pass by-laws respecting Economic Development Services
AND WHEREAS the Council of the Corporation of the Municipality of Bayham desires to
promote and enhance the harbourfront area of the municipality, and to implement a Committee
in support of these goals.
AND WHEREAS Council considers it expedient to establish a committee to support the
development, improvement, and promotion of the Bayham harbourfront area.
THEREFORE THE COTJNCIL OF THE CORPORATION OF THE MTINICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT the Council of The Corporation of the Municipality of Bayham hereby establishes
a committee to be known as the Bayham Harbourfront Committee whose terms of
reference are set out in Schedule "A" attached hereto and forming part of this by-law.
2. THAT the said Committee shall be considered as a Committee of Council and all
members of the committee shall be appointed by Council as set out in the Terms of
Reference.
3. THAT the said Committee shall operate in accordance with the said Terms of Reference
which are hereby adopted.
4. THAT this By-law establishing the Bayham Harbourfront Committee as set out in said
Schedule "4" attached shall come into full force and effect on December 3,2009.
READ A FIRST AND SECOND TIME this 3'd day of December 2009.
READ A THIRD TIME AND FINALLY PASSED this 3'd day of December 2009.
MAYOR CLERK
By-Law 2009-133 A By-Law to establish the Bayham
Harbourfront Committee
Page 155 of 269
December 2009
BAYHAM HARBOURFRONT COMMITTEE
Terms of Reference
ESTABLISHMENT
Established by By-lawNo. 2009-133, enacted by Council on December 3rd, 2009.
NAME OF COMMITTEE
The Committee will be known as the "Bayham Harbourfront Committee".
MANDATE
The Committee will provide advice, assistance, and support to Bayham Council in regard to the
development, improvement, and promotion of the Bayham harbourfront area and related
infrastructure.
The Committee will work towards the creation of a vibrant harbourfront area to promote a strong
economic base with enhanced tourism and inclusion of natural and heritage resources. The
Committee will develop and recommend to Council strategies and works for the maintenance,
improvement and enhancement of the harbour area.
OBJECTIVES
The Committee will concentrate on the development of strategies, initiatives, and activities for
the improvement of the harbour area to include infrastructure improvements, beautification, and
tourism development, with the goal to contribute to employment opportunities, community
renewal and beautification, recreational opportunities, and commercial opportunities. In
particular, the committee will review and investigate opportunities for a navigable harbour for
commercial and recreational vessels and work with all levels of government to investigate
funding and obtain permissions for dredging of the channel.
The Committee will work closely with other related groups and agencies including the County of
Elgin Economic Development department, Otter Valley Chamber of Commerce, and Port
Burwell Provincial Park.
Physical assets to be considered include but are not limited to the east beach, memorial park, east
pier, and harbour itself.
MEMBERSHIP / TERMS OF OFFICE
Appointments will be made by the Council of the Municipality of Bayham. Membership will be
comprised of one or more members of Council and a minimum of 5 and maximum of 10
individuals from the community representing a cross section of business and community
members of Bayham. Membership should include representation from the retail/commercial
sector, tourism, fisheries, recreational boaters, and the general public.
All members will serve for a term to coincide with the term of Council.
A Secretary will be appointed by the Committee to prepare minutes and agendas. Council may
appoint staff support as necessary.
By-Law 2009-133 A By-Law to establish the Bayham
Harbourfront Committee
Page 156 of 269
Appointment of Chair/Y'ice Chair
At the first meeting in each calendar year, the Committee will select a Chair and a Vice Chair
who will assume the role of the Chair in his/her absence.
Vacancies
All voting members will remain in offrce until their respective successors are appointed by
Council. In the event of a vacancy during a term, the Committee will recruit replacement
members and recommend appointments to be made by Council'
PROCEEDINGS
1. Frequencv of Meetings
Meetings will be held a minimum of quarterly, on the third Monday of the month at7:00
p.m. in the Bayham Municipal Office Committee Room or as otherwise directed or re-
scheduled by the Chair.
2. Ouorum
A quorum will consist of not less than half plus one of the total number of appointed
voting members. If there is no quorum within twenty minutes of the scheduled time for
the meeting, the Chair will re-schedule the meeting date. Members are urged to call the
Secretary and advise ofany regrets.
3. Votine
A majority vote of members present will be used to reach a decision on matters before the
Committee.
4. Establishment of Subcommittees
In order for the Committee to achieve its goals and mandate, the Committee may utilize
Subcommittees. Members of these Subcommittees and workgroups shall be appointed by
and serve at the pleasure of the Committee. Appropriate minutes of each subcommittee
shall be maintained and circulated to the Committee.
5. Reporting To Council
Minutes of committee meetings will be circulated to Council. Annually, the Committee
shall:
. Submit a proposed budget to Council for considerations for the following fiscal year
o Present an action plan for the forthcoming year and report on current year activities
All expenditures must be included in the approved current budget and the Committee
must give authorization for each transaction. The Committee is subject to the Municipal
Procurement Policies.
By-Law 2009-133 A By-Law to establish the Bayham
Harbourfront Committee
Page 157 of 269
Page 158 of 269
CORPORATION OF THE
MTINICIPALITY OF BAYHAM
BY-LAW 2009-134
BEING A BY-LA\il TO STOP UP, CLOSE AND COIYVEY
PART OF THE TJNOPENED ROAD ALLOWANCE
BETWEEN CONCESSION 5 AND CONCESSION SOUTH
GORE rN LOTS 1, 2 AND 3, BEING PARTS 1,2 3 AND 4
PLAN 11R-9100.
WHEREAS Section 11 of the Municipal Act,200I, S.O. 2001, c.25 as amended provides
that a lower tier municipality may pass by-laws respecting Highways, including parking and
traffic on highways;
AND WHEREAS Section 8 of the said Municipal Act provides thatamunicipality has the
capacþ, rights, powers, and privileges of a natural person for the purpose of exercising its
authority under this or any other Act;
AND WHEREAS Section 34 (2) of the said Municipal Act provides that a by-law
permanently closing a highway shall not be passed without consent of the Government of
Canada if the highway abuts on land, including land covered by water, owned by the Crown in
right of Canada;
AND WHEREAS notice of intent to pass this By-law has been published once in the Aylmer
Express, a newspaper of general circulation to the area;
AND WIIEREAS the Council of the Corporation of the Municipality of Bayham has heard in
person, or by counsel, solicitor or agent, all persons claiming that their land will be
prejudicially affected by this By-law and who applied to be heard;
AND \ryHEREAS the Council of the Corporation ofthe Municipality of Bayham deems it
expedient to stop up, close and convey those parts of the road allowance between Concession
5 and Concession South Gore in Lots 1, 2 and3, designated as Parts 1,2 3 and 4 on Plan l1R-
9100, and to convey such parts to the adjoining land owners.
THEREFORE THE COT]NCIL OF THE CORPORATION OF THE MTII\UCIPALITY
OF BAYTIAM ENACTS AS FOLLOWS:
1. TFIAT upon and after the passing of this ByJaw those portions of the unopened road
allowance described as Part of the road allowance between Concession 5 and Concession
South Gore in Lots 1, 2 and 3, in the Municipality of Bayham, County of Elgin,
(Geographic Township of Bayham), designated as Parts 1,23 and 4 on Plan 11R-9100, be
and are hereby closed and stopped up.
2. THAT all of that part of the said unopened road allowance described as Part of the road
allowance between Concession 5 and Concession South Gore in Lots 1, 2 and 3, in the
Municipality of Bayham, County of Elgin, (Geographic Township of Bayham), designated
as Parts 1,2,3 and 4 on Plan 11R-9100 shall be conveyed to John Matthew Walker and Jon
Solon Walker for consideration in the amount of $17,605 plus reimbursement of legal,
advertising, survey, and appraisal costs.
By-Law 2009-134 A By-Law to Stop Up, Close and Convey
part of an unopened road allowance
Page 159 of 269
3. TFIAT the Mayor and Clerk of The Corporation of the Municipalþ of Bayham be and they
are hereby authorized and directed to execute such deeds or other documents as may be
necessaly to effect conveyances of those parts of the said road allowances described herein
and which have been stopped up and closed.
4. THAT this by-law shall come into full force and effect upon consent of the Govemment of
Canada pursuant to Section 34 (2) of the Municipal Act,200l, S.O. 2001, c.25.
5. TIIAT this by-law shall be registered in the Land Registry Office for the Registry Division
of Elgin, (No. 11).
READ A FIRST TIME this 3rd day of December,2009.
READ A SECOND AND TIIIRD TIME Al[D FINALLY PASSED this 3rd day of
Decemberr 2009.
MAYOR CLERK
By-Law 2009-134 A By-Law to Stop Up, Close and Convey
part of an unopened road allowance
Page 160 of 269
CORPORATION OF THE
MTINICIPALITY OF BAYIIAM
BY-LAW 2009-135
BEING A BY-LAW TO ADOPT TIIE OFFICIAL
PLAN, AS AMENDED, OF THE
MT]NICIPALITY OF BAYIIAM
WIIEREAS Section 26 of the Planning Act provides that municipalities shall revise their
Official Plan not less frequently than every five years after the plan comes into effect to
ensure it is up-to-date; has regard to matters of Provincial interest and is consistent with the
Provincial Policy Statement 2005;
AND \ilHEREAS the Municþality has completed the mandatory five-year comprehe,nsive
review ofits Official Plan;
NOW THEREFORE The Council of the Corporation of the Municþality of Bayham, in
accordance with the provisions of Section 26 of the Planning Act, hereby enacts as
follows:
1. That the Official Plan of the Municþality of Bayham, being ByJaw Number 2001-
60 (as amended), adopted on July 5, 2001 is hereby repealed.
2. That the amended Official Plan of the Municipalþ of Bayham, comprised of the
attached schedules and explanatorytext, is hereby adopted.
3. The Mayor and the Clerk are hereby authorized and directed to execute said Official
Plan on behalf of this Corporation and to affix thereto the Corporate Seal, and to
make application to the Minister of Municipal Atrairs and Housing for approval of
said Official Plan.
4. This by-law shall come into force and take effect on the day of the final passing
thereof.
READ A FIRST AND SECOND TIME this 3d day of DECEMBER 2009.
READ A TIIIRD TIME AND F"INALLY PASSED this 3'd day of DECEMBER 2009.
MAYOR CLERK
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 161 of 269
OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
ADOPTED JULY 5, 2OOI
APPROVED AUGUST 15, 2OO2
FIVE YEAR REVIEW APPROVED
indicates
Bayham initiated
changes for
circulation to
Agency/Ministry for
review
indicates
Agency/Ministry
proposed changes -
post circulation
FinalDraft
lssued for Final
Review and Approval
by Council
October2009
I
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 162 of 269
TABLE OF CONTENTS
OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM
1.1 Background ..........1-1
1.2 Purpose of the Plan.. ........,........1-2
1.3 Basis of the Plan .......................1-3
'1.4 Goals of the P1an............. .........1-4
SECT|ON 2 Resource Policies .......2'1
2.1 Agriculture Resources.. .............2-1
2.1.1 Land Use ..........................2-1
2.1.3 Farm-Related lndustrial and Commercial Uses.... ........................2-3
.................2-4
2.1.6 D v s on of Agr cu tur" ,.r.",,
2.1.7 Farm Consolidation and Surplus Farm Dwe||ings............... ........2-6
2.1.8 Existing 1ots............. .......2-7
2-7
2.1.9 Minor lot adjustments ......2-8
Off¡cial Plan of the Municipali$ of Bayham
Revised 2009
Page i
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 163 of 269
2.6 Gultural Heritage
...................... 3-1
3.1.2 Land Use Designations and Map Schedules... .........3-2
3.1.3 General Policies That Apply to all Uses............ ..............3-2
3.1.4 Estate Residential Uses........... ............3-4
3.1.5 Mobile Home Parks .........3-6
3.1.6 SeasonalTravelTrailer Parks and Campgrounds.................. .....3-7
3.1.7 Recreationaland lnstitutional Uses ......3-7
3.1.8 Commercial Uses........... .....................3-8
3.1.9 lndustrialUses............ ...3-10
3.2 Conservation Lands.......... ....3-12
3.2.1 Policies .......3-12
3.2.2 Permitted Uses............ ......................3-13
3.3 Policy Areas .....................3-14
3.3.1 Policy Area No. I - Elliot Road ....3-14
3.3.2 Policy Area No. 2 - Port Burwell Harbour....... .....................3-14
..........3-14
SECTION 4 SettlementArea Policies ..................4-1
4.2 General Policies Applicable to all Settlement Areas .........4-1
4.2.1 All Development Forms ........................4-1
4.2.2 Residential Uses............ .......................4-2
4.2.3 Employment Uses ........... .....................4-2
................4-3
4.3 Group Homes .......4-4
4.3.1 Policies ........4-4
4.4.1 General .......4-5
4.4.2 Residential ...............4-7
Official Plan of the Municipality of Bayham
Revised 2009
Page ii
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 164 of 269
4.4.3 Commercial ......,.....4'8
4.4.4 Open Space ...........4-9
4.5.'l General .......4-10
4.5.2 Residential.. ....................4-11
4.5.3 Multi-Unit Residential.. ...4-13
4.5.4 Harbour Residential/Commercial... .....4-15
4.5.5 Commercial ....................4-15
4.5.6 lndustrial ...4-17
4.5.7 lnstitutional .....................4-18
4.5.8 Open Space ....................4-18
4.6 Mobile Home Parks and SeasonalTravel Trailer Parks........... ...........4'20
4.6.1 Mobile Home Parks ........4-20
4.6.2 SeasonalTravelTrailer Parks.......... ......................4-21
SECTION 5 lnfrastructure, Public Service Facilities and Energy.. ...............5-1
.................5-1
.................5-1
... .. .... . ... . 5-1
Offìcial Plan of the Municipality of Bayham
Revised 2009
Page iii
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 165 of 269
''''''''''',,,5-7
Official Plan of the Municipality of Bayham
Revised 2009
Page iv
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 166 of 269
.............8-2
.......... ,.. 8-3
8.s Amendments, Notice n"q,,,."'"n,, ;;;;;;;;;;;;;;;;il; :-:
.............8-3
8.5.5 .........8-5
8.6 Plans of Subdivision ..................8-6
8.6.1 Policies .........8-6
8.6.2 Public Notification Procedure.............. .....................8-6
8.7 Consents and the Creation of New Lots.............. ..............8-7
8.7.1 Elgin Land Division Committee... ..........8'-7
8.7.2 Policies .........8-7
8.8 Maintenance and Occupancy Standards.................. ........8-8
8.8.1 General .........8-8
8.8.2 By-1aw......... ......................8-8
8.9 Non-Conforming Uses...... .........8-8
8.9.1 Policies .........8-8
LlO Municipal Services, Public Health Programs and Public Works .......8-9
8.10.1 General .........8-9
8.10.2 Waste Disposal Sites............ ..............8-10
8.11 Phasing of Development............... ..........8-'10
8.12 Ontario Building Code........... ..................8-11
8.13 Legislation Pursuant to the Municipal Act........ ...........8-11
8.14 Official Plan Review ............8-11
Offìcial Plan of the Municipality of Bayham
Revised 2009
Page v
8.5.3 Notice Requirements for Site-Specific Official Plan and/or Zoning By-law Amendments ....8-5
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 167 of 269
8.14.'l General
8.15 Temporary Use By-laws ......8'12
8.15.1 General ......8-12
8.15.2 Permitted Uses........... ...8-12
8.15.3 Criteria .......8-12
8.16 Use of Holding Zones ........8-13
8.16.1 Holding (h) SymbolPolicies........ ........8-13
8.16.2 Policies ......8-14
8.16.3 lmplementation of Holding 2one......... ....................8-15
8.16.4 Removal of Holding 2one........... .......8-15
8.17 Site Plan Control .................8-16
8.17.1 Policies .......8-16
Official Plan of the Municipality of Bayham
Revised 2009
Page vi
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 168 of 269
SECTION 1 INTRODUCTION
,..,. BAGKGROUND
The Municipality of Bayham occupies 248 km2 on the north shore of Lake Erie at the eastern end of Elgin
County. The Municipality came into existence in 1998 as an amalgamation of the three separate
municipalities formerly known as the Township of Bayham, the Village of Port Burwell, and the Village of
based on extrapolation of rowth rates.
Prior to 1983, the three municipalities were members of the East Elgin Planning Area as defined by the
Treasurer of Ontario in 1973. The planning area also included the Townships of Malahide and South
Dorchester, and the Village of Springfield. The East Elgin Official Plan was approved by the Minister of
Housing in 1976 and provided the fìrst set of comprehensive community planning policies for these
municipalities. Upon the coming into force of the Planninq Act, 1983, the East Elgin Planning Area ceased to
exist. Eventually all six of the municipalities in East Elgin adopted individual Official Plans.
Several amendments to the Official Plans of the three municipalities amalgamated into the Municipality of
Bayham were necessitated by changing local circumstances and development pressures. Changes in
planning policy guidelines established by the Province of Ontario also contributed to the need for an updated
set of planning policies for the new Municipality of Bayham.
The policies and land use designations included in this Official Plan have been prepared to guide development
in the Municipality of Bayham for the ten-year period between 2001 and 2011. At the end of this period the
policies of the Offìcial Plan should be reviewed for their relevance and effectiveness. Background data and
population projections should also be updated at this poi
For the most part, this Official Plan recognizes that the predominant use of land in the Municipality will be
in Several policies have been incorporated in
the Official Plan for the specific purpose of preserving productive farmland for agricultural purposes. ln
recognition of the competing demands for these agricultural lands, and in particular, the demands exerted on
good farmland by non-farm residential development, this Official Plan has also identified lands which would be
the most appropriate for non-farm development. For the most part, these lands are adjacent to existing urban
areas and as a result, they have become suburban in nature.
Official Plan of the Municipality of Bayham
Revised 2009
Page 1-1
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 169 of 269
The continued development and revitalization of the Municipality's urban areas, notably Straffordville, Vienna
and Port Burwell is also of strategic importance. These areas are characterized as villages in the Official Plan,
and consist of concentrated urban uses, particularly residential, local commercial and tourist commercial types
of development. These villages will become either fully or partially serviced with municipal sewers and piped
water during the planning period. Most of the future non-farm development in the municipality should therefore
be focused on Straffordville, Vienna and Port Burwell. Some additional urban types of development will also
be established and maintained in suburban areas and in the hamlets.
1.2 PURPOSE OF THE PLAN
The purpose of the "Offìcial Plan of the Municipality of Bayham" is to provide policy direction to Municipal
Council and the general public on matters related to land use, development and redevelopment ín the
Municipality. To this general purpose the Official Plan is intended:
a) to ensure that future development and redevelopment in the Municipality of Bayham
occurs in an orderly and controlled manner in accordance with principles of good
planning;
b) to recognize encourage and support the agricultural industry as the primary
economic activity in the Municipality of Bayham;
c) to provide a policy framework that encourages the preservation and utilization of
good agricultural lands for agricultural production;
d) to provide a policy framework for the development and expansion of other economic
sectors such as tourism, the harbourfront, transportation and petroleum exploration;
e) to bring local planning policies into conformity with the broader planning policies and
guidelines issued and revised from time to time by the Province of Ontario;
0 to provide community improvement goals, objectives and implementation policies
which will contribute to the stabilization, preservation and improvement of existing
and viable residential, commercial, industrial, harbourfront and recreationalareas in
the Municipality of Bayham;
g) to designate major land use categories and areas that reflect the probable future
needs and demands on land and resources in the Municipality of Bayham;
h) to maintain and strengthen the existing pattern of identifiable communities and the
character of the municipality;
i) to streamline the local planning process and to make the process more accessible
and understandable to the general public;
Off¡cial Plan of the Municipality of Bayham
Revised 2009
Page 1-2
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 170 of 269
to provide the basis for the preparation of comprehensive zoning by-laws regulating
the use of land and the type, size and location of buildings and structures.
to protect and preserve properties, structures and buildings of historical, cultural and
architectural significance.
to promote and secure the health, safety, convenience, welfare and quality of life of
residents and visitors;
to promote and facilitate the expansion and diversification of the economy and tax
base in the Municipality;
to qualify the Municipality for various programs funded by senior levels of
government that will allow the Municipality to attain its social and economic priorities;
to provide a base for programming the expansion and upgrading of municipal
services that recognizes the Municipality's financial capabilities and prevents
development which would require disproportionately costly public services because
of the location or type of use;
to inform residents of the Municipality of the policies that affect the physical
development of land in the Municipality;
to ensure that land use conflicts are avoided and the natural and man-made
environments are protected ;
to ensure that the Municipality's resources are rationally used and its natural features
protected.
1.3 BASIS OF THE PLAN
The "Official Plan of the Municipality of Bayham" is based in part on a Background Study, which forms the
principal appendix to the Plan. The Background Study essentially comprises an analysis of population and
household growth trends and projections. For the most part, however, the orientation and policy emphasis of
this Official Plan is based on the Municipality's experience in the administration of a comprehensive
community planning program over the previous 20 years, and on guidelines and the Provincial Policy
Statement published by the Province of Ontario. Among these guidelines and policies are those relating to the
delineation of floodlines; the designation of aggregate resource areas; community improvement strategies;
and, the preservation of productive agricultural land resources.
All of the aforementioned policy guidelines have influenced the preparation of this Plan. The designation of
aggregate resource areas and associated land use policies were based on Ministry of Natural Resources
guidelines, while the community improvement policies forming Section 6.0 of this Plan were developed from
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guidel¡nes provided by the Ministry of MunicipalAffairs and Housing.
Centralto the Official Plan, however, are the and urban land use policies, which are based on
the Provincial Policy Statement, developed by the Ontario Ministry of Municipal Affairs and Housing and in
effect at the date of adoption of this Plan. The Provincial Policv Statement constitutes a policy statement of
the Government of Ontario on "land use planning and development".
of particular significance to the Municipality of Bayham, and as such, they have been interpreted as they
initiatives of this Official Plan.
a)
b)
c)
d)
e)
f)
s)
apply to the issue of land needs in the Municipality. The preservation of
highly productive agricultural lands for agricultural use and the accommodation of non-farm development
lands with lower capability for agriculture are key policy
Words or phrases that appear in italic type in the text of the Official Plan are more specifically defined in the
interpretation of this Official Plan.
1.4 GOALS OF THE PLAN
Based on the considerations discussed above, the background study appended to this Plan, and considerable
input provided by Municipal Council, the following goals have been developed to give direction in the
implementation of the policies of this Official Plan:
to minimize land use conflicts in all areas of the Municipality while accommodating,
wherever possible, the various demands for land and resources as they arise;
to maintain the environmental character of the Municipality;
to place a high priority on maintaining or initiating agricultural production on high
quality agricultural lands;
to guide the allocation and utilization of the Municipality's natural resources so as to
maximize benefits to residents of the Municipality;
to stabilize, preserve and improve existing and viable residential, recreational and
commercial areas in the Municipality;
to encourage public awareness and input in the local planning process.
to develop, redevelop and improve the Municipality in a manner which preserves the
environment of the Municipality as desired by its residents;
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to provide for the housing needs of the Municipality's residents in a manner that
recognizes the needs of residents, the level of services available, and the ability of
the Municipality to accommodate growth in an orderly and controlled manner;
to protect existing and future property owners from damage to property, which could
result from the development of lands susceptible to natural hazards.
to facilitate the future development of the Lake Erie shoreline and land adjacent to
Big Otter Creek within Port Burwell and Vienna for public and private recreation and
commercial uses, while preserving the scenic character of these lands, and
preventing incompatible permanent development on lands subject to natural
hazards.
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SECTION 2 RESOURCE POLICIES
2.1 AGRICULTURE RESOURCES
2.1.1 Land Use
2.1.1.1 The "Agriculture" designation shown on Schedule "A1" Municipality of Bayham Land Use of the
Official Plan shall apply to prime agricultural areas in the Municipality.
2.1.1.2 agricultural uses will be permitted and
encouraged in the "Agriculture" designalion. Agriculture-related uses and secondary useswill also
be permitted in the "Agriculture" designation provided they are compatible with agricultural uses and
do not contribute to land use conflicts. These uses may include surplus farm
dwellings on separate lots, agricultural home occupations, and farm-related
industrial and commercial uses.
2.1.1.4 Proposals for new or altered land uses in the "Agriculture" designation other than those
contemplated by subsection I of the Official Plan will require an amendment to the plan which
must be justified on the basis of no appreciable loss of prime
agricuttural lands,' and/or a growth related demand for the agricultural lands; and/or documentation
showing that the subject lands are not part of a prime agricultural area. Official Plan Amendments
that are justified on the basis of growth related demand must also consider an assessment of
reasonable alternative locations, which either avoid, or impact lower priority prime agricultural lands.
ln considering an Official Plan amendment, the new proposed or later land use must also
demonstrate compliance with the Minimum Distance Separation Formula 1.
2.',1.2
2.1.2.1 Livestock operations shall be characterized by the raising, keeping or propagation of
animals and poultry for profit as listed in the
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M inimum Distance Separation
Without limiting the number or speciflc type of animals
and poultry, the table of units is normally characterized to include beef, dairy cattle and veal; laying
and broiler chickens, turkeys, ducks, ostrich and emus; swine including sows, weaners, boars, and
feeder hogs, horses, goats, sheep, mink, rabbits and fox.
2.1.2.2 Minimum Distance Separation Formulae - The Minimum Distance Separation Formulae are to be
applied in any land use designation where livestock is a permitted use. And:
The keeping of livestock in a hobby farm context is permitted in connection with both
farm and non-farm residential uses provided the complement of livestock complies
with the regulations of the M.D.S. ll. Any animal orfowlthat can be characterized by
Minimum Distance Separation tables will be considered as
livestock.
a)
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2.1.3
2.1.3.1
2.1.3.2
2,1.3.3
Farm-Related lndustrial and Commercial Uses
The Municipality shall permit in the area designated "Agriculture" the establishment of farm-related
industrial and commercial activities as described in Section which are small scale and
directly related to farm operation and required in close proximity to the farm operation. Only
"dry" farm-related industrial and commercial uses will be permitted. 4 "dry" use shall be defined as a
use that does not require water for cooling, washing, and processing and whose subsurface sanitary
sewage disposal systems are used solely for the domestic waste generated by employees.
The establishment of farm-related industrial and commercial uses that serve the needs of the
farming community and are necessary in proximity to agricultural activity shall be permitted in areas
designated "Agriculture" provided they do not create a land use conflict with agricultural uses.
Although these uses should be directed to urban areas in the Municipality, they may be permitted in
the "Agriculture" designation subject to approval of a zoning by-law amendment.
The general principles to be considered in the development and zoning of farm related industrialand
commercial uses as described in Section 4.2.3 are as follows:
e) The Zoning By-law shall provide separate sets of zone regulations for farm-related
industrialand commercial uses. These regulations should prescribe a low building to
lot ratio;
0 Uses which create adverse off-site environmental effects such as air pollution, noise,
odour, or generate excessive solid or liquid wastes either in volume or toxicity will not
be permitted;
g) The proposed potable water treatment and supply system; method of sanitary
sewage collection, treatment and disposal; solid waste disposal; and any emissions
to the environment shall meet the requirements of, and where necessary, be
approved by the Ministry of the Environment or its delegated authority.
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Adequate off-street parking will be provided to accommodate customers and
employees, however, the use should not generate high volumes of vehicular traffic;
The proposed use will comply with the M.D.S. l, and adequate buffering shall be
provided between the farm related industrial or commercial area and adjacent uses
to prevent land use conflicts;
2.1.4.1 Several small-scale institutional uses such as churches, cemeteries and schools exist within the
"Agriculture" designation. These uses typically serve local rural populations and have limited
conflicts with adjacent agricultural or rural uses. These uses will be zoned in a site-specific fashion
consistent with their low building coverage to lot area ratio.
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2.1.6 Division of Aqricultural Parcels
2.1.6.1 lt is a policy of this Plan to discourage the division of large farms into smaller holdings and to
encourage continued farm use. However, the severance of surplus farm dwellings pursuant to the
process of farm consolidation shall be permitted in accordance with the policies of Section of
this plan.
2.1.6.2 The assembling and disassembling of agricultural land into more efficient or more productive
farming units may be permitted. ln considering applications to divide agricultural parcels of land the
Municipality shall have regard to:
e)
f)
s)
h)
The need to discourage the unwarranted fragmentation of farmland;
The agricultural capability of the land;
The type of agricultural activity engaged in and proposed to be engaged in;
Both the severed and retained parcels must be sufficiently large enough to permit
flexibility for future changes in the type or size of the farming operation, in order to
meet changing economic conditions;
The severed and retained parcels are both suitable for the type of agriculture use(s)
common in the area and the farm size is appropriate for the type of agriculture
operation proposed;
The requirements of the Planninq Act;
The minimum farm parcel size as established in the Zoning By-law;
The Minimum Distance Separation Formula l.
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2.1.7 Farm Consolidation and Surolus Farm Dwellinqs
2.1.7 .1 ln accordance with the Provincial Policy Statement, farm consolidation shall mean the acquisition of
additional farm parcels to be operated as one farm operation. Farm consolidation may result in the
identiflcation of existing farm dwellings that are rendered surplus to the consolidated farm operation.
Consents to sever and convey existing farm dwellings which were built and occupied before the
adoption of this plan , and which are surplus to a consolidated farm operation, may be
permitted within the "Agriculture" designation in accordance with the following criteria:
a) ln the opinion of Municipal Council, a land use conflict shall not be created with
agricultural operations or other existing land uses in the immediate area of the
subject lands;
b) Only one surplus farm dwelling may be severed pursuant to each corporate farm
consolidation;
c) A minimum of one existing farm dwelling within the "Agriculture" designation in the
Municipality of Bayham must be retained by the proponent corporate farm operation,
or a registered owner of the proponent corporate farm operation;
d) No more than one severance of a surplus dwelling shall be allowed from a farm
parcel regardless of changes in boundary or ownership.
2.1.7.2 The severed lot with the surplus farm dwelling shall:
a) Be no larger than is necessary to support a private sanitary sewage treatment and
disposal system as determined by the appropriate approval authority, and be
serviced by a potable water supply;
b) Meet the provisions of the MDS 1;
c) Be rezoned in a Rural Residential Zone in the Zoning By-law of the Municipality of
Bayham;
2.1.7.3 The severed lot with the surplus farm dwelling may:
a) lnclude accessory buildings and structures if in the opinion of Municipal Council a
land use conflict will not be created; and
b) Where the property has been rezoned to prohibit the keeping of livestock
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2.1.7.4 All parcels of property constituting the retained agricultural lands shall:
a) Comprise a total minimum area in the same name and title of 20.0 hectares (50
acres)
Meet the provisions of the Agricultural (41 Zone regulations of the Zoning By-
law of the Municipality of Bayham;
Be rezoned to prohibit the placement, development, or establishment of any
additional type or form of residential dwelling units thereon, regardless of changes in
property boundary or ownership.
2.1.8 Existinq Lots
2.1.8.1 One non-farm residential unit may be considered on existing lots of record in areas designated
"Agriculture", provided the following criteria are met:
a) The lot was in existence as of the date of adoption of this Official Plan;
b) The will comply with the Minimum Distance Separation I formula;
and,
c) The must be suitable to support a private sanitary sewage
treatment and disposal system as determined by the appropriate approval authority,
and be serviced by a potable water supply.
b)
c)
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2.1.9 Minor lot adiustments
2.1.9.1 Consents to sever and convey land in areas designated "Agriculture" shall be permitted for minor lot
adjustments, minor lot additions, minor boundary changes, easements and rights of way, technical
severance or correction of title, provided no new conveyable lot(s) are created.
2.1.10 Suoolementaru Farm Dwelllnqs
2.1.1O.1 The Municipality supports the erection or plaeement of additional dwellings on farm parcels where
the síze or nature of the farmíng operation wanants additional dwellings. Such dwellings may only
be permitted by a minor variance to the Zoning By-law
. Sucfr dwellings may be temporary dwellings in the fiorm of a mobile home or modular
home; or a ærmanent dwelling in the furm of a converted dwefling or bunkhouse. Farming
operations shall rebr to any parcels owned, or owned in part by an applicant. Estabtishment of
supplementary farm dwellings will be permitted subject to the following øiteria:
@gg[ Sufficient inbrmation must be provided which outlines howthe type, scale,
and/or size of the farm operation wanant the need for a supplementary farm
dwelling;
Þristins dwellinss: Sufficient justificaüon must be provided to show how any
existíng supplementary farm dwellings that are part of the farming openatíon can't
satisff the housing needs of the farming operation;
Location: Sufficient justitication must be provided to show how the location of the
supplementary farm dwelling makes efficient use of existing services and
inftastructure and how the location will not impact sunounding land uses.
Preference will be given to close proximity to principal farm dwellings and the use of
natural landscaping to buffer temporary dwellings from sunounding land uses;
Size and tvpe: The supplementary farm dwelling unit is of a minimum size and type
that can accommodate both health unit and building code requirements, and shall be
no larger than necessary to accommodate the needs of the temporary farm help
residing in the dwelling. Preference will be given to temporary dwellings, or
altematively permanent dwellings that are one storey in heightwith a maximum floor
area of approximately 167m2 (1800fl3);
Services: The supplementrary farm dwelling must demonstrate an adequate supply
of potable water and sanitary sewage disposal system to the satisfaction of the
Municipality. Preference will be given to dwellíngs which can make use of existing
servlces;
a)
b)
c)
d)
e)
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2.2 NATURAL HERITAGE RESOURCES
ln accordance with the policies of of the Provincial Policv
, this Plan shall recognize the natural heritage features and areas of the
Municipality and protect them from incompatible development. Natural Heritage resources include
. Wetlands;
o Habitat of endangered or threatened species;
. Fish habitat;
. Woodlands;
. Valleylands;
. Wildlife habitat;
. Areas of natural and scientific interest (ANSI's)
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2.2.1 Natural Heritaqe Policies
2.2.1 .1 The Municipality of Bayham shall adopt and implement the terms of of the Provincial
Policv Statement.
2.2.1.2 Municipal Council shall encourage the designation of natural heritage features and
areas in order to increase diversity, connectivity and physical area of the natural heritage land
throughout the Municipality.
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2.2.1.4 Municipal Council shall discourage development and site alteration in, or adjacentlo natural heitage
features and areas.
2.2.2 lmplementation
2.2.2.1 Municipal Council shall implement the natural heritage policies of this Plan through participation in
provincial and federal programs related to natural heritage conservation.
2.2.2.2 ln addition to promoting co-operation with individual property owners in the preservation of natural
heritage resources, Municipal Council shall also give consideration to the effects of public works on
natural heritage resources in the municipality.
Municipal Council may utilize any of the following planning tools to promote or preserve natural
heritage resources in the municipality:
a) conditions of consent and subdivision approval and consequent agreements;
b) provisions related to site plan control; and,
c) standards, definitions and regulations in the Municipality's Zoning By-law.
2.2.2.3
2.2.3 Development Applications
2.2.3.1 Council shall circulate all development plans to the appropriate authority, under the One-Wìndow
Protocol, fortheir review and comments related to any potential natural heritage significance on the
subject lands.
2.2.3.2 Developmenf or sife alteration will not be permitted in:
a)significantwetlands, or significant portions of the habitat
of endangered species and threatened species.
b)
c)
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2.2.3.3
shall
demonstrates that there will
be no negative impacts on the natural features or ecological functions for which the area is
identified. An Environmental lmpact Study shall be undertaken
and approved by the Municipality to demonstrate the impacts and shall
address the following:
a) Description of the development and its purpose; the nature and duration of the
potential impacts to the site, adjacent lands and ecological processes; as well as the
cumulative effects of the proposed development.
b) a description of, and a statement of the rationale for:
1. the development;
2. the alternative methods of carrying out the development; and
3. the alternatives to the development.
c) a description of:
1. the environment including ecological processes, that will be affected or
might reasonably be expected to be affected;
2::i:::i;::1'"iJ,iiïi11;lilili:Ti:ïï1i:"ï:T."*d"be
3. the actions that are necessary orthat may be reasonably be expected upon
the environment, including ecological processes, of the development.
Planning Act applications that propose development or site alteration within 120 metres of significant
wetlands or within 50 metres of
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2.3.1.5
Pursuant to the Beds of Navíqable Waters Act, the waterbed
is claimed as Provincial Crown Lands. Any alterations to
which alter the alignment or shape of
the channel cross section shall be approved by the Conservation Authority and the Ministry of
Natural Resources.
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MINERAL AGGREGATE RESOURCES
2.4.1 General
2.4.1.1 The "MineralAggregate Resource Areas" designation, as shown on Schedule "Al" to the Official
Plan, shall mean that the predominant use of land shall be for the extraction and processing of
minerals, mineral aggregate resources, including a wayside pit and quarry. Also to be permitted in
the "MineralAggregate Resource Areas" designation are agricultural and agriculturally-related uses
which do not limit the future viability of the site for the extraction of mineral resources and which are
conducted in accordance with the policies contained in Section I of this Plan.
2.4.1.2 A new pit or quarry operation will not require an amendment to this plan provided that:
a) lt is located within the areas designated as "MineralAggregate Resource Areas" on
Schedule "A1" to this Plan;
b) lt complies with the policies of this Plan;
2.4.1.3 All proposals for new pit or quarry operations to be located outside of the areas designated as
"Mineral Aggregate Resource Areas" on Schedule "41" to this Plan will require an amendment to
this Plan. ln considering an application for an amendment to this Plan, regard shall be had to the
of this Plan.policies contained in
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2.4.1.4 Where lands are shown on Schedule "Al" to this Plan as being located within the "Mineral
Aggregate Resources Areas" designation, such designation does not in itself constitute full and final
municipal approval for the opening of a new pit or quarry. Every new pit or quarry operation will
require an amendment to the Zoning By-law.
2.4.1.5 Prior to the enactment of an amendment to the Zoning By-law regard shall be had to the following
matters:
a) The potential for any land use conflicts that may be created by the proposed use,
including conflicts with the natural environment, including "Hazard Lands" and
"Conservation Lands";
b) The ability of local roads to accommodate expected levels of truck traffic;
c) A site plan, complete with information as required by the Aqqreqate Resources Act,
and any regulations made pursuant to such Act including Ontario Regulation 244197 ,
or any other pertinent and applicable provincial legislation or regulations;
d) The impact of pit and quarry operations , including those
involving the processing of aggregate materials at the extraction site on, "Hamlets" or
"Villages", as shown on Schedules to this plan, will be addressed through the
Provincial licensing process and the conditions of site plan approval.
2.4.1.6 All extractive uses shall satisfy the requirements of the appropriate regulatory agency with respect to
matters of potable water supply, the taking of water, the disposal of liquid wastes, noise, vibration,
and the control of air pollution.
2.4.1.7 Official Plan and Zoning By-law amendments will not be required for wayside pits and quanies and
poftabte asphalt ptanfl The Municipal Road Superintendent, the
CounÇ Engineer, and the Ontario Ministry of Transportation or their agents, may use any land,
except those areas of existing development or particular environmental sensitivity, which are
incompatible with extraction and associated activities, for the extraction and processing of materials
for the construction of public works. Wayside pits and quanies or portable asphalt plan
are subject to a permit issued under the Aqoreqate Resources Act.
2.4.1.8 ln reviewing applications for the creation of new lots or the alteration of existing lots, regard shall be
had to the applicable policies contained in this Official Plan. ln addition, the creation of new lots or
the alteration of existing lots which may have the effect of reducing the viability of an existing or
potential aggregate extraction operation will not be permitted within the "Mineral Aggregate
Resource Area" designation.
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2.4.1.9 a pit or quarry operation , the subject lands will be progressively
rehabilitated to accommodate subsequent land uses, and may only be used for those purposes
specified in Subsection .1.1 of this Plan.
2.4.2.1 An application for an Official Plan amendment to permit a use or uses other than those permitted in
subsection .1.1 of this Plan will be given due consideration, but only after documentation has
been prepared and presented by the operator/applicant which shows that one of the following
conditions exists:
a) The subject lands have been exhausted ofall aggregate resources; or,
b) Any aggregate material remaining on-site is not capable of being extracted
economically and/or feasibly; or,
c) The proposed land use or development serves a greater long-term public interest;
and
d) lssues of public health and safety, and environmental ímpact are addressed.
2.4.2.2 Notwithstanding Section I.t.S of this Plan, Official Plan and Zoning By-law amendments will not
be required for the removal or levelling of hills containing aggregate material for the purpose of
increasing or improving lands for agricultural uses provided that no excavation takes place below the
average grade of land surrounding the hill. Such removal sites are to be used on a temporary basis
2.5 CES
2.5.1 General
2.5.1.1 The exploration for and the production of oil, gas, and salt resources including related buildings,
structures, pipelines and related facilities shall be permitted in all land use designations, except
Urban Areas. All exploration and production activities are to be in compliance with the Oil, Gas. and
Salt Resources Act, and regulations thereto.
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Page 2-16
and are subject to a permit administered by the Aqqreqate Resources Act.
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2.5.1.2 The municipality shall support the subsurface storage of oil, gas, and salt resources, subject to
provincial regulations, so long as they do not adversely affect surface development rights as set out
in the Official Plan.
2.5.1.3 The municipality shall support the proper disposal of oil fìeld brines, in accordance with Provincial
regulations.
2.5.1.4 New development shall be set back 75 metres from existing wells
; this setback being equivalent to the setback required under the Oil, Gas and Salt Resources
Act for new wells from existing development.
\Â/here development is proposed adjacent to or above pools or
2.5.1.5
deposits, the Province shall be consulted regarding measures to allow possible future access for
resource production purposes.
The municipality shall encourage the use of technology for the exploration and production of
subsurface resources from a well site that is located on lands adjacent to a natural heritage feature
or cuttural heritage tandscape. New wells and associated works will be prohibited from causing any
surface or ecological disturbance to natural and cultural heritage areas. lf there are no alternatives
to exploration and production within a natural or cultural heritage area, measures will be undertaken
to reduce negative impacts. \y'úhere forest cover is removed it shall be replaced at a location
specified by the landowner, unless no such location is suitable for tree cover, wherein the
municipality may specify a location.
Upon cessation of production, well sites and locations of associated works shall be rehabilitated to
permit uses set out in the land-use designation where the well sites are located. Upon cessation of
production from wells in prime agriculturalareas, rehabilitation shall restore the site so it can be
used for agricultural purposes.
As a condition of approving subsequent development on former petroleum resource areas, the
municipality will require that improperly abandoned wells that are known or discovered on the lands
during development will be properly plugged, capped or otherwise made safe in accordance with
provincial requirements. Buildings and structures shall be located away from possible well sites,
unless it can be proven that development can safely occur. Any development proposals on known
historic salt solution mining activity areas will require a geo-technical study completed by a qualified
engineer to ensure that development can occur safely.
lf sites of former works are discovered, these locations shall be rehabilitated prior to development
proceeding.
2.5.1.6
2.5.1.7
2.5.1.8
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2.6
ln accordance with the policies of the Ministry of Culture and of the
Provincial Policv Statement, this Plan shall endeavour to recogniz and preserve the built
heritage resources and cultural heritage landscapes of the Municipality. Cultural heritage resources include
archaeological resources: buildings and structures of architectural, historical or engineering interest;
groups of buildings and structures which are of interest and value in the landscape; and entire
and urban landscapes. ln essence they are the works of man and the effects of his activities
in the environment and, accordingly, may be considered as heritage where they constitute the consultative
record of past human activities, endeavours or events.
2.6.1 Cultural Heritaqe Policies
a) Council may establish a
to advise on matters relating to the
Ontario Heritaqe Act and other business relating to heritage conservation.
b) Council shall encourage the designation and maintenance of properties and
structures pursuant to Parts lV and V of the Ontario Heritaqe Act.
lmolementation
a)Municipal Council shall implement the cultural heritage policies of this Plan through
participation in provincial and federal programs related to cultural heritage
conservation.
ln addition to promoting co-operation with individual property owners in the
preservation of cultural heritage resources, Municipal Councilwill have regard to the
effects of public works on buildings, sites and areas of historical importance in the
municipality.
New residential development in older residential areas of historical, architectural or
landscape value will be encouraged to develop in keeping with the overall character
of these areas.
Municipal Council may utilize any of the following planning tools to promote or
preserve cultural heritage resources in the municipality:
2.6.2
b)
c)
d)
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Revised 2009
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3. Conditions of consent and subdivision approval and consequent
agreements;
Provisions related to site plan control; and,
Standards, definitions and regulations in the Municipality's Zoning By-law.
The Municipality will identify any development applications that will impact areas containing registered
archeological sites or lands of archeological potential.
4
5
Developmenton
lands containing significant archeological resources shall avoid the destruction or alteration of these
resources. Where it is not possible, the development proponent shall conserve signiflcant archeological
resources through removal and documentation in advance of any land disturbances, and in accordance with
archeological licensing provisions of the Ontario Heritaqe Act. Archeological site locations and areas of
potential will be determined based on registered site data and potential screening criteria provided to the
Municipality by the Province, or through technical assistance.
Ofücial Plan of the Municipality of Bayham
Revised 2009
Page 2-19
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3.1.1.1 Th land use policies are intended to apply to site-specific areas of the Municipality
outside of the areas where the predominant land use activity is not
related to agriculture The
apply to lands outside the areas which may be used for non-farm
activities and where no identifiable adverse impacts on agriculture will occur. Such areas are
subject to a site-specific amendment to the Official Plan and the regulations of the Zoning By-law.
Official Plan of the Municipality of Bayham
Revised 2009
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3.1.2
3.1.2.1
Land Use Desiqnations and Mao Schedules
The following uses will be further identified by a
indicating a specific use. The uses
Schedule "41" to the Official Plan.
sub-classification
will be shown on
a
a
¡
a
a
a
a
Estate Residential
Mobile Home Parks
Seasonal Travel Trailer Parks and Campgrounds
Recreational
lnstitutional
Gommercial / Highway Commercial
lndustrial
3.r.3
3.1.3.1 The Municipality shall regulate all development in the areas designated for non-resource
uses so that the environment is maintained,
conflicts are not created.
and potential land use
3.1.3.2 ln evaluating proposals for uses, the Municipal Councilshall
require a presentation of the proposal which will include a detailed site plan outlining building areas
and locations, ingress and egress to the site, parking facilities, existing and surrounding land uses,
Official Plan of the Municipal¡ty of Bayham
Revised 2009
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amended, of the Municipality of Bayham
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building location, site characteristics, and proposed buffering, surface water drainage, and
landscaping. Where more than 5 lots/units are proposed, a Servicing Options Statement
investigating the feasibility of servicing such development on full municipal services; communal
sanitary sewage and potable water services; individual on-site sanitary sewage and potable water
services shall be provided. Hydrogeological and/or geotechnical reports may be required by the
appropriate approval authority to demonstrate the suitability of lands and the aquifer to
accommodate communal as well as individual wells and on-site private sewage treatment and
disposal systems. The Municipal Council shall require all applicants to provide written confirmation
from the appropriate approval authority that the site is suitable for septic disposal systems and that
potable water can be supplied.
in the Municipality of Bayham shall comply3.1 .3.3 Lands to be designated
with the following:
a) The provisions of the Provincial Policy Statement and both the M.D.S. I and M.D.S. ll
formulae;
b) Must have existing frontage on an opened and maintained year round, public road
that is capable of sustaining vehicular trafüc;
c) Should not be situated in proximity to existing land uses that in themselves have a
high nuisance value or are easily capable of promoting land use conflicts. Such uses
may include, but shall not be limited to, commercial grain drying operations; existing
aggregate resource extraction operations or lands which are designated for
aggregate resource extraction as described in this Plan, landfill sites or sewage
lagoons; any industrial or commercial operation that is normally associated with
substantial volumes of vehicular traffic or which creates adverse off-site
environmental effects such as air pollution, noise, odours, or which generates
excessive solid or liquid wastes either in volume or toxicity;
d) Buildings or structures must be appropriately setback from municipal drains,
watercourses and any associated "Hazard Lands" as described in this Plan
e) The soil and ground water conditions are suitable for the operation of a private
potable water and private sanitary sewage treatment and disposal system as
approved by the appropriate approval authority;
f) The size of any parcel of land created for such uses shall conform to the provisions
of the Zoning By-law and in no cases should any parcel be created that is smaller
than necessary to support a well and approved private sewage treatment and
Official Plan of the Municipal¡ty of Bayham
Revised 2009
Page 3-3
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
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disposal system;
Shall not create a trafflc hazard as a result of access to a portion of a roadway with
limited sight lines due to curves, grades, or existing roadside development including
buildings and signs;
Shall be considered only when mineral resource lands are not affected.
Should mineral resource lands be affected, Municipal Council shall
consult the applicable Ministry of Natural Resources publications in order to protect
such lands from unwarranted development;
All uses shall require justification, which will address the need
for the land use; the amount of land needed; reasons for choice of location, and
consideration of other locations for the use;
Should be regulated so that its impact will not detract from the natural
environment.
3.1.4 Estate Residential Uses
Estate Residential uses may be permitted on lands previously designated
on Schedule "A1" to this Official Plan, prior to approval of this
3.1.4.2
The creation of
such parcels of land for estate residential uses will require an amendment to the Zoning By-law.
3.1.4.3 Estate residential uses shall be restricted to low density, single unit
dwellings.
3.1.4.4 The keeping of livestock in a hobby farm context is permitted in conjunction with estate residential
uses provided the complement of livestock is small and can comply with
the requirements of the applicable Minimum Distance Separation formula.
Official Plan of the Mun¡c¡pality of Bayham
Revised 2009
Page 3-4
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Severance of land for estate residential uses may be considered
after evaluation and written comments are provided by Municipal Council.
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amended, of the Municipality of Bayham
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3.1.4.5 - Subject to a legallY
conveyable lot(s) being created, estate residential development is permitted by previously approved
site specific Offlcial Plan Amendments on lands designated on Schedule
"A'1" and more particularly described as:
a) A parcel having an approximate size of 1.44 hectares and situated on the south side
of Calton Line in Part Lot 14, Concession 4. A maximum of two estate residential
dwelling lots may be created.
b) A parcel having an approximate size of 0.8 hectares and situated on the west side of
Plank Road in Part Lot 126, Concession N.S.T.R. A maximum of three estate
residential dwelling lots may be created.
c) A parcel having an approximate size of 1.45 hectares and situated on the east side
of the road allowance between Lots 20 and 21 on Light Line, in Part Lot 21,
Concession 4. One estate residential lot may be created in the northerly location of
the property.
d) A parcel having an approximate size of 0.79 hectares and situated on the west side
of the road allowance between Lots 20 and21(north side of Calton Line) in Part Lot
20, Concession 5. One estate residential lot may be created.
e) A parcel having an approximate size of 0.12 hectares and situated approximately
210 metres south of Calton Line, on the west side of Part Lot21, Concession 4. One
estate residential lot may be created.
A parcel having an approximate size of 0.62 hectares and situated on the west side
of Culloden Road in Part Lot 114, Concession N.S.T.R. One estate residential lot
may be created.
A parcel having an approximate size of 3.73 hectares and situated between Plank
Road to the west and the former Canadian Pacific Railway corridor to the east in the
western portion of Lot 15, Concession 2. A maximum of three estate residential lots
may be created.
A parcel having an approximate size of 0.4 hectare and situated on the north side of
Best Line in Part Lot 14, Concession 10. Two estate residential lots may be created.
A parcel having an approximate size of 1.22 hectares and situated west side of
Baynor Road in Part Lot 136, Concession 6. One estate residential lot may be
created.
0
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Revised 2009
Page 3-5
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amended, of the Municipality of Bayham
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A parcel having an approximate size of 0.48 hectares and situated along the north
side of Heritage Line in Part Lot I 18, N.S.T.R. One estate residential lot may be
created.
A parcel having an approximate size of 4.0 hectares and situated on the south side
of Talbot Line in Part Lot 6, Concession 8. Two estate residential lots may be
created.
A parcel having an approximate size of 1.35 hectares and situated in Lot 109 on the
east side of Springer Hill Road, N.S.T.R. Two estate residential lots may be created.
A parcel having an approximate size of 0.4 hectares and situated on the north side of
Jackson Line in Part Lot 114, Concession 6. One estate residential lot may be
created.
A parcel having an approximate size of 1.1 hectares and situated in Part Lot 20,
Concession I on the west side of Plank Road. One estate residential lot may be
created.
A parcel having an approximate size of 1.4 hectares and situated in Part Lot'16,
Concession I on the east side of Sandytown Road. One estate residential lot may
be created.
A parcelhaving an approximate size of 1.5 hectares and situated in Part Lots 113
and 114, Concession N.S.T.R., at the intersection of Heritage Line and Culloden
Road and designated Rural - "R(E/l)' on Schedule "41". Two estate residential lots
may be created in addition to two existing estate residential dwellings and one
existing cemetery.
A parcel having an approximate size of 5.3 hectares and situated in Part Lots 21 and
22, Concession 8, on the south side of Ridge Road. Two estate residential lots may
be created in addition to one existing estate residential lot and one existing
cemetery.
ln addition to one existing dwelling, a second residentialdwelling may be developed
on a separate lot on a parcel having an approximate area of 11.97 hectares and
located on Part Lol 17, Concession 3, on the south side of Light Line, east of the
Village of Vienna.
3.r.5 Mobile Home Parks
3.1.5.1 Mobile Home Parks may be permitted in areas designated on Schedule "Al"
to this Official Plan. Furthermore, the following existing mobile home parks are recognized in the
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Revised 2009
Page 3-6
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designation by this Plan and shall be appropriately zoned in the Zoning By-
law:
Lot 5, Concession 8, Municipality of Bayham;
Lot 13, Concession 2, Municipality of Bayham.
3.1.5.2 It shall be the policy of this plan to restrict development of mobile home parks to expansions of
existing parks or to new parks within settlement areas as designated on Schedule "41" to this
OfficialPlan.
3.1.6 SeasonalTravelTrailerParksandGamoqrounds
3.1.6.1 Seasonal travel trailer parks and campgrounds may be permitted in areas designated
on Schedule'A1" to this Official Plan. lt shall be the policy
of this Plan to encourage new seasonal travel trailer parks or campgrounds to locate in areas
conducive to such development. Such areas should be part of the Otter Creek System, or on the
shoreline of Lake Erie where exceptional scenic vistas, aesthetic settings and recreational
opportunities exist. Notwithstanding any policies of this Plan to the contrary, the following existing
Seasonal Travel Trailer Parks and Campgrounds are recognízed by this Plan and shall be
appropriately zoned in the Zoning By-law:
2. Lot 17, Concession 2;
3. Lot 5, Concession 3;
3.1.6.2 ln addition to the policies of Section 3.1.3 and 3.1.6.1 of this Plan,
consideration in the evaluation of proposed seasonal traveltrailer parks or campgrounds
3.1.7 Recreational and lnstitutional Uses
3.1.7.1 Recreational uses such as golf courses and other public and private parks may be permitted on
lands designated on Schedule "41" to this Official Plan. Similarly, public institutional
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Revised 2009
Page 3-7
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3.
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amended, of the Municipality of Bayham
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uses that serve the needs of the community and require a rural location may be permitted on lands
designated on Schedule "Al " to this Official Plan. Notwithstanding the above, it is the
intent of this Official Plan to encourage all institutional uses to locate in existing urban areas where
municipal services and/or amenities exist. Examples of such uses are: schools, churches,
museums, meeting halls and cemeteries.
3.1.7.2 ln order to protect the surrounding lands from the effects of the proposed use, the
proposed recreational or institutional use should meet, in addition to the policies of Section 2.7.3 of
this Plan, the following criteria:
a) The road capacity exists for any projected increased traffic flow;
b) The topography lends itself to the particular use;
c) Environmentally sensitive areas are protected;
d) Solid waste disposal can be taken care of adequately.
3.1.7.3 The potable water supply, sanitary sewage treatment and disposal, taking of water and any
emission to the environment shall meet the requirements of and be approved by the Ministry of the
Environment, and/or the appropriate approval authority as applicable.
3.1.8
3.1.8.1
Gommercial Uses
commercial
uses may be permitted in areas designated on Schedule "Al" to this Official Plan.
Permitted shall include those commercial uses which rely heavily upon
automobile or truck traffic for their economic existence, and such uses may include automobile
service stations, public garages and automobile sales agencies, farm machinery sales and service,
farm supplies, building supply outlets, convenience stores, motels, drive-in restaurants or other
eating establishments and accessory retail uses togetherwith a residence of the ownerorcaretaker
provided it is structurally attached to the commercial use.
3.1 .8.2 Retail uses such as grocery stores, clothing and apparel, hardware, drug stores, etc., as well as
shopping centres that would compete for retail sales with the retail facilities of urban areas will be
discouraged in the agricultural areas of the Municipality.
3.1 .8.3 ln addition to the policies of Section 2.7.3 of this Official Plan, the following principles shall govern
the development and zoning of commercial uses, which shall be included in a Highway Commercial
Zone or Rural Commercial Zone in the Zoning By-law:
a) Highway Commercial uses shall be located on Provincial Highways or improved
Offìcial Plan of the Municipality of Bayham
Revised 2009
Page 3-8
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amended, of the Municipality of Bayham
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County Roads subject to Section 4 of the Official Plan and subject to approval by the
Ministry of Transportation orthe County Engineer. Where development is proposed
at the intersection of a Provincial Highway and a County Road, access to/from the
site shall be located along the County Road. \Mere access to/from development is
required along a Provincial Highway it shall be provided by an existing access
location. \¡1/here redevelopment of Highway Commercial uses with existing multiple
access locations along a Provincial Highway is proposed, the access locations shall
be consolidated into one (1) access location;
Adequate off-street parking facilities shall be provided;
Does not require undue extension to a municipal sanitary sewage or potable water
system;
The proposed potable water supply system and method of sanitary sewage
treatment and disposal, solid waste disposal, taking of water and any emissions to
the environment shall meet the requirements of and be approved by the Ministry of
the Environment and/or the appropriate approval authority;
Access points to such parking areas shall be limited in number and designed in a
manner that will minimize the danger to vehicular and pedestrian trafflc;
Adequate buffering shall be provided between the commercial uses and adjacent
uses to prevent adverse impacts. Attention shall be given to buffering and
landscaping of parking lots. Development located adjacent to Highway No. 3 will be
subject to the geometric and safety requirements of the Ministry of Transportation.
Ministry of Transportation permits will be required prior to any construction and/or
grading being undertaken.
3.1.8.4 Commercial uses in locations other than along, or at intersections with Highway No. 3 or County
Roads may be permitted on a limited basis
they meet all other applicable policies of this Plan, and the Zoning By-law regulations for rural
commercial uses.
3.1 .8.5 The development of laundromats, car washes or other high water consuming establishments will not
be permitted unless they can be connected to a piped municipal water supply and have an
appropriate means of sanitary sewage treatment and solid waste disposal;
Offìcial Plan of the Municipality of Bayham
Revised 2009
Page 3-9
b)
c)
d)
e)
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lndustrial Uses
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Revised 2009
Page 3-10
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amended, of the Municipality of Bayham
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3.1.9.3 ln addition to the policies outlined above and as found in Section 2.7.3 of this Official Plan, the
general principles to be considered in the development and zoning of lands designated as
"lndustrial" on Schedule "41" are as follows:
The Zoning By-law shall provide a separate set of Zone Regulations for Rural
lndustrial uses, such that they are distinguishable from smaller scale and farm-
related industrial uses;
lndustries which create adverse off-site environmental impacts such as air pollution,
odour, noise, or which generate excessive solid or liquid wastes either in volume or
toxicity will not be permitted;
lndustries should not require municipal sanitary sewer service. Only'dry' industrial
uses shall be permitted. A'dry' industrial use shall be defined as a use that does not
require water for cooling, washing, and processing and whose subsurface sanitary
sewage treatment and disposal system(s) are used solely for the domestic waste
generated by employees;
lndustries should not require connection to a municipal water supply, unless the
establishment of private potable water supply is deemed impossible by either failed
services or physical constraints;
The proposed potable water supply system and method of sanitary sewage
treatment and disposal, solid waste disposal, taking of water, and any emissions to
a)
b)
c)
d)
e)
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Revised 2009
Page 3-1 1
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amended, of the Municipality of Bayham
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the environment shall meet the requirements of, and where necessary, be approved
by the Ministry of the Environment and/or the appropriate approval authority;
Adequate off-street parking shall be provided;
Access points to such parking areas shall be limited in number and designed in a
manner that will minimize the danger to vehicular and pedestrian traffic; and
Adequate buffering shall be provided between the industrial area and adjacent uses
to prevent adverse impacts. Attention shall be given to buffering and landscaping of
parking lots.
3.2 CONSERVAT¡ON LANDS
3.2.'l Policies
3.2.1.1 The areas of exceptional scenic and recreational value, and geographic and environmental
signifìcance throughout the planning area, and particularly along the Lake Erie shoreline, should be
preserved and/or developed in order to maintain their inherent environmental and scenic values.
These areas should be designated as "Conservation Lands".
3.2.1 .2 The designation is distinct from "Hazard Lands", in that a physical environmental hazard may not be
present.
3.2.1 .3 Any development in areas of exceptional scenic or recreational value should be regulated so that its
impact will not detract from the natural environmental character of the area. Proper forest resource
management procedures should be adhered to and all tree removal should be done in accordance
with the Elgin County Tree Cutting By-law.
3.2.1 .4 The major areas of scenic and recreational value should be accessible to the public. Such areas in
public ownership should be designated "Conservation Lands".
3.2.1.5 The "Conservation Lands" designation may be used to protect Natural heritage features and areas
from incompatible development. lt may also be used to assist in the preservation and management
of Cutturat Heritage and Archaeological Resources in accordance with the Provincial Policy
Statement.
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Revised 2009
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3.2.1.7 \Mrere lands designated for conservation are in private ownership, this Plan does not intend that any
particular parcel will necessarily remain in this category indefinitely, nor does the Plan imply that any
"Conservation Lands" are free and open to the general public or will be purchased at any time by the
Municipality or any other public agency. lf an application is made to the municipality to change the
designation of "Conservation Lands", the municipality will first determine if the land is required for
public purposes and if it can be purchased by the Municipality or other public agency. lf the land is
not to be purchased, then the Municipality may give consideration to the proposed amendment to
the Plan.
3.2.2 Permitted Uses
3.2.2.1 The "Conservation Lands" designation shall mean that the predominant use of the land shall be for
the preservation and enjoyment of significant natural resources such as:
a) Water resources;
b) Unique vegetation or wildlife habitats;
c) Forestry (sylviculture);
d) Valuable recreation resources;
e) Historic sites;
0 Designated outdoor recreation areas;
g) Any natural resources the community and/orthe Conservation Authority deem to be
important as an environmental asset to the area.
3.2.2.2 Areas designated for conservation may have accessory residential buildings on a seasonal basis but
no permanent residential buildings shall be established.
3.2.2.3 Existing residences and/or agricultural operations on "Conservation Lands" may be maintained to
permit the existing use.
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Revised 2009
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amended, of the Municipality of Bayham
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3.3.1
Notwithstanding policies of this Plan to the contrary, the lands comprising
Part Lot 15, Concession 10 of the Municipality of Bayham and bounded by Green Line to the
north, Talbot Line to the south, Elliot Road to the east and a wooded area to the west, and occupied by ten
(10) existing non-farm residential dwellings may accommodate a total of twenty (20) non-farm dwellings in the
area designated as Policy Area" on Schedule "Al" to this plan.
3.3.2 No. 2 - Port Bunrell Harbour
ln addition to the policies of Section l, tne lands within the "Hazard Lands" designation in Port Burwellwhich
are generally situated south of Robinson Street, and east of the Big Otter Creek and extending into Lake Erie,
are designated as Policy Area" on Schedule "D" to this plan and may be used to
develop a marina and ancillary facilities. These lands will remain in a holding zone until such time as the
conditions regarding development as outlined in Section of this Plan can be accommodated to the
satisfaction of the Municipality, in consultation with the Province and the Conservation Authority.
Official Plan of the Municipality of Bayham
Revised 2009
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SECTION 4 SETTLEMENT AREA POLICIES
4.1 OBJECTIVE
The Municipality is primarily devoted to agricultural uses with concentrations of urban uses existing in the
Hamlets of Corinth, North Hall, Eden, Richmond and Calton, and the Villages of Straffordville, Vienna and Port
Burwell. lt is the intent of this Plan to concentrate all of the urban growth in these centres in order to prevent
scattered non-farm development in p ri me ag ric u ltu ral a re a s.
It is intended that future development within the Municipality of Bayham will take place in accordance with the
land use designations shown on the following map schedules:
. Schedule "41" Municipality of Bayham Land Use
. Schedule "8" Village of Straffordville Land Use and Constraints
. Schedule "C" Village of Vienna Land Use and Constraints
. Schedule "D" Village of Port Burwell Land Use and Constraints
4.2
4.2.',1
4.2.1.1
GENERAL POLICIES APPLICABLE TO ALL SETTLEMENIABEAS
All Development Forms
Ribbon or strip development and indiscriminate urban development outside the designated urban
areas shall
4.2.1 .2 The Municipality will place the highest priority on the location of new urban development in areas of
the Municipality where municipal services are readily available.
4.2.1.3 lt shall be the policy of this Plan to restrict major residential, commercial or industrial development,
generally defined as plans of subdivision with more than 5 lots, in the urban areas until both sewer
and/or water services can be provided to the site(s) under consideration in accordance with Ministry
of the Environment requirements. Residential development in these areas will be allowed on the
basis of infilling with some growth in areas directly adjacent to existing built-up areas through
consents and small plans of subdivision.
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Revised 2009
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4.2.2 ResidentialUses
4.2.2.1 This Plan encourages new residential development to consolidate with the existing urban
communities listed in subsection 4.1 of the Plan by filling in the vacant areas and locating new
residential development adjacent to existing built-up areas in a compact and contiguous fashion.
4.2.2.2 The Municipality will encourage the development of housing types other than single detached
dwellings in the villages, and where no land use conflict shall ensue, in other parts of the
Municipality when new or converted dwellings of this type are feasible.
4.2.3
4.2.3.1
4.2.3.2
4.2.3.3
4.2.3.4
Emolovment Uses
New commercial development shall be encouraged to locate in the existing commercial areas of the
urban areas through the renovation of older structures and the erection of new buildings.
lmprovements in the physical appearance of commercial and industrial buildings and structures in
the urban areas will be encouraged.
Growth of new industries that are compatible with both the urban and the agricultural environment in
general, as well as with adjacent land uses will be encouraged in order to provide alternative
employment opportunities to residents of the Municipality.
All agricultural uses will be permitted in the areas designated as "Hamlets" with the
exception of livestock operations and mushroom farm operations, which will be
prohibited in these areas.
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4.2.4
4.2.4.1 The Municipality shall encouftrge intensification and rcdevelopment within settlement
area boundaries on vacant or underutilized sites in orderto efficiently titilize designated
land and available municipal services.
4.2.4.2
a) The permitted forms of residential intensification and redevelopment shall only be
permitted in those areas designated as "Hamlets' and Villages' and will be
permitted based on the level of water and wastewater
servicing that is available in the specific settlement areas.
Residential intensification and redevelopment may take the form of dwelling
conversion, street infilling, rear yard infilling, and infill subdivisions.
Residential intensification and redevelopment may only occur to a maximum density
which maintains the minimum lot areas permittecl in the Zoning By{aw, and/or is
deemed suitable by the Municipality to sáisff the proposed water supply and
wastewater disposal systems.
\Mren considering proposals for residential intensification and redevelopment, and in
addition to all other applicable development criteria in the Official Plan, the
Municípali$ will ensure that:
'l. For dwelling conversions, the exterior design of the dwelling is consistent
with the sunounding area in terms of height, bulk, scale, and layout;
2. For street infilling, the proposal is consistent with Subsection4.2.4.4 a), and
with the established building line and setbacks of the sunounding area.
3. For rearyard infilling, the proposal is consistentwith subsection4.2.4.4. a);
the siting of buildings and parking areas minimizes the impacts on
neighbouring rear yards; direct vehicular access is provided to a public
s{reet with suffcient width to allow efficient vehicular use, on-site snow
storage, and access and tum-around by emergency vehicles.
4. Forinfillsubdivisions,theproposalisconsistentwithsubsections4.2.4.4.a)
and c); and measures will be undertaken through a subdivision agreement,
to bufier and screen the development from sunounding residential uses.
b)
c)
d)
intensification and redevelopment is subject to the following policies:
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4.3 GROUP HOMES
4.3.1 Policies
4.3.1.1 Group Homes will be permitted in areas of the Municipality that are designated "Hamlets" or
"Residential".
4.3.1.2
4.3.1.3
For the purposes of this Plan, a group home is a single housekeeping unit in a residential dwelling in
which three to ten persons (excluding supervisory stafD or live under responsible supervision
consistent with the particular requirements of the residents. The home is licensed and/or approved
for funding under Provincial Statutes and is in compliance with all applicable Municipal By-laws.
ln order to prevent an undue concentration of group homes in specific areas of the Municipality,
standards requiring a minimum distance between these facilities may be incorporated in the Zoning
By-law.
4.3.1.4 Facilities existing on the date the zoning by-law comes into effect, but not complying with the
requirements of the by-law, will be allowed to continue in operation but will not be permitted to
expand without Municipal approval.
4.3.1.5 The establishment of a group home must be based on local need for the particular type of group
home to serve the population of the Municipality and the immediate surrounding area. ln
determining the need and suitability of each type of group home and the number of residents per
group home, the size and general character of the Municipality together with the merits of each
specific application must be given consideration.
4.3.1.6 Group homes shall have suffìcient off-street parking to accommodate the vehicles of the staff or
persons on duty in the home and visitors.
4.3.1.7 For the purposes of this Plan, a crisis residence is Iicensed or funded by the Province of Ontario for
the short term (averaging one month or less) accommodation of three to ten persons, exclusive of
staff, living under supervision in a single housekeeping unit and who by reason of their emotional,
mental, social, or physical condition, or legal status, require a group living arrangement for their well-
being.
4.3.1.8 Crisis residences are not permitted within the rural areas of the Municipality.
Official Plan of the Municipali$ of Bayham
Revised 2009
Page 4-4
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 210 of 269
4.4
4.4.1
4,4.1.1 The "Hamlet" policies are intended to apply to those parts of the Municipality where small
concentrations of urban development and land uses have evolved into small, identifiable
communities. The "Hamlet" policies shall apply to the various hamlets designated by this Official
Plan. Schedule "Al" designates Corinth, North Hall, Eden, Richmond and Calton as "Hamlets".
These settlements are comprised of small clusters of residential and commercial uses. The
intended function of the "Hamlets" in this Plan is to remain as small dormitory clusters, providing
limited commercial, and institutional services to the immediate surrounding area. The
policy of this Plan is to restrict major residential development wherever municipal
services are not available, while allowing future growth on the basis of infilling and in accordance
with the Hamlet boundaries as depicted on Schedule "Al".
4.4.1.2 Permitted uses would include residential dwellings, variety stores, public garages, schools, churches
and small commercial and industrial uses
. Adequate buffering should be provided between the various uses wherever
the potential for land use conflict exists.
4.4.1.3 Land uses other than residential will be permitted in hamlets if they serve the residential function,
are compatible with it, or improve the quality of life in the neighbourhood. Examples of such uses
afe.
neighbourhood retail stores
drug stores
small-scale professional offìces
public and private small-scale institutions
local service industrial uses.
4.4,1.4 Development on individual private potable water and individual sanitary sewage treatment and
disposal systems shall be approved by the appropriate approval authority as applicable, and shall be
limited to a type and density that does not precipitate the need for communal water or sewage
works.
The following table describes the planned servicing situations for each of the
individual hamlets identified on Schedule "A1" for the time period of the Plan:
a
a
a
a
a
Official Plan of the Municipality of Bayham
Revised 2009
Page 4-5
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 211 of 269
Settlement Area Existing Sewer / Water Services Proposed Sewer/Water
Services
Corinth Private Septic / Private Well As existing
North Hall Private Septic / Private Well As existing
Eden Piped Municipal/ Private Well Piped Municipal/ Piped
Municipal
Richmond Private Septic / Private & Communal Well As existing
Calton Private Septic / Private Well As existing
4.4.1.5 Development may also be considered in "Hamlets" which have communal or municipal potable
water supplies or sanitary sewage works, provided that minor, or no extension of such works is
required.
4.4.1.6 Non-residential uses shall be consolidated into clusters wherever possible rather than permitting
them to spread throughout the hamlet area. The location and site design of these uses shall provide
for off-street parking, landscaping, and adequate buffering and utilize the best principles of urban
design in order to create a high quality residential neighbourhood.
4.4.1.7 ln addition, larger scale public and private uses such as religious institutions, clinics, convalescent
homes, nursing homes, hospitals and schools will be permitted in "Hamlets" provided that an
amendment to the Zoning By-law has been approved to protect the surrounding residential lands
from the proposed use.
4.4.1.8 Some of the principles to be considered in the development and zoning of non-residential uses in
the residential areas in "Hamlets" are as follows:
a) The permitted hamlet commercial or industrial uses shall be limited to retail stores or
service shops which provide for the daily shopping or service needs of the adjacent
residential areas and may include a automobile service station in a separate zoning
category;
b) The location of hamlet commercial or industrial uses shall be encouraged to locate
on arterial or collector roads and indiscriminate scattering of these uses shall be
discouraged;
c) The hamlet commercial or industrial uses shall be sited so as to minimize any
adverse impacts upon the adjacent residential uses;
Offìcial Plan of the Municipality of Bayham
Revised 2009
Page 4-6
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 212 of 269
The buildings containing hamlet commercial or industrial uses shall be designed, and
any lighting or signs arranged so as to blend in with the character of the adjacent
residential area;
The floor area of any hamlet commercial use shall not exceed approximately 190
square metres and no more than two such uses shall be situated in one part of a
residential neighbourhood ;
New hamlet commercial or industrial uses shall be included in a separate zoning
category in the Zoning By-law and existing commercial and industrial facilities should
also be so recognized in the zoning by-law;
Adequate off-street parking shall be provided;
Adequate buffer planting shall be provided between the hamlet commercial or
industrial use and any adjacent residential areas, and such buffer planting may
include provisions for grass strips, fences, and appropriate planting of trees and
shrubs.
4.4.2
4.4.2.1 The principal land use function of "Hamlets" shall be for clusters of non-farm residential development
in the form of single detached dwellings, and other low or medium density types of dwellings. These
uses will be controlled and regulated by the Zoning By-law.
4.4.2.2 Consents will generally be discouraged and will only be granted when it is clearly not necessary in
the public interest that a plan of subdivision be registered. lf a plan of subdivision is not deemed
necessary, regard shall be had to other policies in the Official Plan and to the following criteria when
considering an application for a consent in the Hamlet areas:
a) Consents shall be granted only in areas where the minor, or no extension of any
municipal service would be required. Any services required in a consent should be
satisfactory to the appropriate approval authority;
b) Consents should be granted only when the land fronts on an existing public road,
which is of a reasonable standard of construction;
c) Consents should have the effect of infilling in existing developed areas and not of
extending the Hamlet area unduly;
d) The size of any parcel of land created by a consent should be appropriate for the use
proposed considering the public services available and the soil conditions, and in no
case should any parcel be created which does not conform to the provisions of the
d)
e)
f)
e)
h)
Offìcial Plan of the Municipality of Bayham
Revised 2009
Page 4-7
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 213 of 269
Zoning By-law;
Direct access from major roads should be restricted and residential lots should,
where possible, have access only from internal residential roads;
Consents should not be granted for land adjacent to a road from which access is to
be obtained where a traffic hazard would be created because of limited sight lines on
curves or grades;
Consents should be granted only when the creation of the lot will not interfere with
subsequent access to interior lands;
Consents for mortgage, estate, or other boundary adjustment purposes shall be
permitted provided that they adhere to principles of good planning, do not cause land
use conflicts and conform to the provisions of the Zoning By-law.
4.4.2.3 lt is the intention of this Plan to allow for the eventual development of other residential types such as
multiple unit dwellings and single unit mobile home parks within the residential areas of the
"Hamlets". These residentialtypes shall be included in separate zoning categories in the Zoning By-
law and will be permitted, providing
amendment to the Zoning By-law has been approved.
4.4.2.4 Consideration of the following factors shall be given in the evaluation of an amendment to the
Zoning By-law for multi-unit residential developments:
a) The uses permitted shall include the various types of multiple dwellings such as
townhouses, converted dwellings and walk-up apartments;
b) The multiple unit dwellings shall be sited to enhance the quality of the immediate
area with particular attention to the effects of vehicular and pedestrian traffic
generation;
c) Adequate off-street parking shall be provided;
d)
municipal services are available
4.4.3
4.4.3.1 The general principles to be considered in the development and zoning of commercial uses in the
"Hamlets" are as follows:
a) The uses permitted in this land use category are those uses that may serve local
e)
s)
h)
Official Plan of the Municipality of Bayham
Revised 2009
Page 4-8
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 214 of 269
b)
c)
d)
residents or the entire Municipality. These uses may include establishments
essentially engaged in the buying and selling of goods and services, automobile
service stations and sales garages, places of entertainment and general assembly,
offices and studios, service shops, public and institutional uses and residential uses
in the form of apartments over and beyond ground floor commercial uses;
The commercial areas in the "Hamlets" should remain as compact as possible in
order to be readily accessible to the pedestrian public;
Adequate off-street parking within the commercial lot area shall be provided for the
convenience and safety ofthe people and the businesses served;
Adequate buffering shall be provided between the commercial uses and adjacent
uses to prevent adverse effects or impacts. Attention shall be paid to adequate
buffering and landscaping of parking lots.
4.4.4
4.4.4.1 public and private parks and recreation lands within
the "Hamlets" designation is permitted
4.4.4.2 Accessory buildings necessary for open space and recreation use will be permitted under this
designation.
4.4.4.3 The provision of adequate off-street parking where necessary will be required.
4.4.4.4 \Â/here any lands designated for open space are under private ownership, this Plan does not
indicate that such land will necessarily remain as open space indefinitely, nor shall it be construed
as implying that open space areas are free and open to the general public or will be purchased by
the Municipality. lf proposals to develop any such lands that are in private ownership are made and
the municipality does not wish to purchase such lands in order to maintain the open space, then an
application for the redesignation of such lands for other purposes will be given due consideration by
the Municipality.
Official Plan of the Municipality of Bayham
Revised 2009
Page 4-9
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 215 of 269
4.4.4.5 The Municipality shall endeavour to maintain the existing parkland in the municipality and should
attempt, where possible, to acquire additional lands for neighbourhood parks within the "Hamlets" as
warranted by the level of residential development in these areas.
4.4.4.6 lt is the policy of this Plan that within all "Hamlets", adequate open space shall be provided. To
achieve this policy Council shall ensure that the land dedication required pursuant to the Planninq
Act, for new subdivisions will be used to create local parks.
4.4.4.7 Monies acquired in lieu of dedication shall be managed by the Municipality in a park
fund for use in providing recreational lands and facilities to serve the needs of all residents.
4.5 VILLAGES
This section of the Official Plan provides the land use policies that apply to future development in the Villages
of Straffordville, Vienna and Port Burwell during the planning period.
4.5.1 General
hree major concentrations of urban development have been designated as "Villages" in the Official
Plan of the Municipality of Bayham. The villages of Port Burwell and Vienna have the capability of
accommodating urban types of development on full municipal services including piped water and
sewerage facilities. The village of Straffordville has the capability of accommodating urban Çpes of
development on municipal sewers.
4.5.1.2 There are eleven land use designations that apply in the three villages as follows:
. lnstitutional
. Open Space
. Conservation Lands
. Hazard Lands
. Floodway
. Flood Fringe
4.5.1.3 The three "Residential" designation policies apply to the majority of lands within Straffordville,
Vienna and Port Burwell, but do not necessarily all appear within each village.
4.5.1 .4 The "Commercial", "lndustrial", "lnstitutional" and "Open Space" policies apply to those areas within
the villages where each specific development occurs or is planned for future development.
Official Plan of the Municipality of Bayham
Revised 2009
Page 4-10
. Residential
o Multi-Unit Residential
. Harbour
Residential/Commercial
. Commercial
. lndustrial
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amended, of the Municipality of Bayham
Page 216 of 269
4.5.1.6
4.5.2
4.5,2.1
The "Floodway/Flood Fringe" policies apply to the lands within the boundaries of
Vienna generally adjacent to the Big Otter Creek, which exhibit characteristics of susceptibility to
flooding.
Residential
Within the areas designated "Residential" on Schedule "B', 'C'and "D", the primary use of land shall
be for single-detached dwellings. Two unit dwellings and seasonal dwellings may also be permitted
in order to ensure a diversity of low-density housing types capable of meeting the needs of the
Municipality. The dwelling units permitted in the "Residential" designation will be regulated by the
Zoning By-law. Single, seasonal residential and semi-detached dwellings and duplexes should
a gross density of twenty (20) units per hectare and shall be serviced
with municipal water and sewer services where one or both services are available.
4.5.2.3 Land uses other than residential will be permitted in the "Residential" designation if they serve the
residential function, are compatible with it, or improve the quality of life in the neighbourhood.
Examples of such uses are:
. Small scale professional offices which occupy less than 93 m'z (1000 ft'?);
. Smallscale institutional uses such as churches;
Home occupations.
4.5.2.4 All such uses should comply with the applicable regulations for the use as prescribed by the Zoning
By-law. As a general rule, no more than two similar complementary uses shall be situated within a
two-block radius of each other.
4.5.2.5 Home occupations may be permitted if they are clearly secondary to a residential use, and comply
with the standards and regulations as prescribed by the Zoning By-law.
4.5.2.6 ln orderto maintain and strengthen the development of the "Commercial" designation and in orderto
maintain the character of areas designated "Residential", the establishment of commercial uses will
Official Plan of the Municipality of Bayham
Revised 2009
Page 4-l 1
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 217 of 269
not be permitted (with the exception of those described in subsection 4. in the "Residential"
designation.
4.5.2.7 Neighbourhood parks, playgrounds and other public open space areas that serve residential needs
and complement the character of the "Residential" areas shall be permitted in accordance with
Section 4.1.8 provided they comply with the standards and regulations of the Zoning By-law.
4.5.2.8 Proposals for new single unit and two unit dwellings in the designated "Residential" areas shall meet
the following criteria:
a) Lot frontaqe, depth and size: The lot frontage, lot depth, and lot size of any lots
proposed to be used or created for residential purposes shall be appropriate to the
development being proposed and consistent, wherever desirable and feasible, to
adjacent and surrounding lots. ln no case shall lots be created or dwelling units
constructed which do not conform to the provisions of the Zoning By-law unless the
By-law is otherwise amended or a variance granted.
b) Natural features: Natural site features including vegetation, tree cover, and
topography shall be protected, enhanced, and incorporated into the design of the
proposed development to the greatest extent possible.
c) Desion: lnnovative housing design and site layout including energy-saving
measures will be encouraged. To achieve energy savings, particular regard shall be
had to building form and size, density, lot and building orientation, and on-site
landscaping.
d) Open space: Open space including parkland shall be provided in accordance with
the policies of Section 4.1.8.
e) Adjacent and surroundinq land use: The proposed development shall be compatible
with existing (or proposed) neighbouring land uses. Where necessary or desirable,
the proposed development shall be adequately screened from adjacent land uses by
the provision of landscaping and/or buffering.
0 Facilities and services: Existing or proposed municipal services (including potable
water supply, sanitary sewage treatment and disposal, solid waste disposal, storm
and surface drainage, roads, sidewalks, and street lighting) shall be adequate to
serve the proposed development. lf these services or facilities are deemed
inadequate, the Municipality may require that an agreement be entered into with the
developer as to the design and cost apportionment of any public works required to
bring these services or facilities up to the appropriate standard.
Official Plan of the Municipality of Bayham
Revised 2009
Page 4-12
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 218 of 269
Storm drainaqe: Adequate provision for stormwater managemenVdrainage and
surface runoff subject to the requirements of the Municipality, and the statutory
approval authority having jurisdiction, shall be provided. Where in the opinion of the
Municipality it is deemed necessary or desirable, the Municipality may require the
submission of a grading plan and/or stormwater management plan to ensure surface
water runoff does not adversely affect neighbouring properties or receiving
watercourses.
Vehicular access: Vehicular access shall be available or made available from a
public highway or public street of reasonable construction and maintenance to permit
year round access and shall be subject to the approval of the authority(ies) having
jurisdiction. ln no case shall access be permitted where traffic hazards could result
due to poor sight lines or proximity to a traffic intersection. ln new residential
subdivisions, the use of a curvilinear street pattern, cul-de-sacs, and other similar
design features to minimize through traffic movements shall be encouraged.
The Plannino Act: ln the case of a residential subdivision, all matters contained
within Section 50 and 51 of the Planninq Act as amended or revised from time to
time shall be complied with.
4.5.2.9 Consideration of an amendment to the Zoning By-law for mobile home parks within the Village
designation will be subject to Section 4.6.1 of the Official Plan.
4.5.2.10 lt shall be the policy of this plan that an applicantwho wishes to develop a mobile home park in the
Village designation shall enter into a development agreement with the Municipality prior to the
passing of an amendment to the implementing zoning by-law. Such an agreement will be subject to
Section 4.6.1.2 of the Official Plan.
4.5.2.11 Notwithstanding the policies of this Plan the following existing mobile home parks have been
recognized in the "Residential" designation by this Plan and shall be appropriately zoned in the
Zoning By-law;
4.5.3
a) Pitt Street, Port Burwell, Municipality of Bayham
b) Elizabeth Street, Port Burwell, Municipality of Bayham
Multi-Unit Residential
4.5.3.1 Permitted uses in the "Multi-Unit Residential" designation are housing in the form of triplex dwellings,
group homes and crisis housing and medium density residential uses such as townhouses and
apartment buildings, including senior citizens' complexes.
Official Plan of the Municipal¡ty of Bayham
Revised 2009
Page 4-'13
s)
h)
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 219 of 269
4.5.3.2 Other uses complementary to, and compatible with, residential development such as small scale
schools, churches, clinics and parks may be permitted, subject to rezoning. These uses will be
permitted if they serve the residential function and improve the quality of life in the neighbourhood.
4.5.3.3 Home occupations are not permitted in the "Multi-Unit Residential" designation.
4.5.3.4 ln the "Multi-Unit Residential" designation, apartments a
densi$ of 75 units per hectare. All other permitted uses a
density of 35 units per hectare.
4.5.3.5 Mobile homes or trailers are not permitted in the "Multi-Unit Residential" designation.
4.5.3.6 "Multi-Unit Residential" uses shall be provided with adequate off-street parking and should be
designed, situated, buffered and landscaped so as to minimize adverse impacts on adjacent
properties.
4.5.3.7 "Multi-Unit Residential" developments in excess of 10 unitswill require site plan agreements in
accordance with Section 41 of the Planning Act. Council may pass a by-law that requires plans and
a site plan agreement, as set out in Section ! of this plan.
4.5.3.8 The servicing of property and the land division of property in the "Multi-Unit Residential" designation
shallcomply with the policies of Section 4.-of this Plan.
4.5.3.10 Council may requestthat an impact study be completed by the developer in orderto support a
proposed "Multi-Unit Residential" development, prior to any re-zoning or amendment to the Official
Plan. This study may examine, among other things, the potential impact on schools, trafflc, the
Municipality's infrastructure and neighbouring properties. Also discussed will be the means to
address these impacts.
4.5.3.11 Development of "Multi-Unit-Residential" sites shall enhance the quality of the residential
neighbourhood, with particular attention to the effects of vehicular and pedestrian traffic operation.
Official Plan of the Municipal¡ty of Bayham
Revised 2009
Page 4-14
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 220 of 269
4.5.4 Harbou r Residential/Commercial
4.5.4.1 ln the "Harbour Residential/Commercial" designation permitted uses include townhouses to
a density of 35 units per hectare; stacked townhouses to a
density of 60 units per hectare; apartments to a density of 75 units per
hectare; marinas and associated uses, including boat storage and repairs; parks, schools and
churches; tourist commercial establishments; and parking areas.
4.5.4.2 The waterfront is considered an important element to the community at large. As such, Council puts
considerable value in obtaining either ownership or public easements along the Big Otter Creek for
public use. Further, Council recognizes that uses such as commercial fìshing, charter boat
operators, recreational boating, recreational anglers, and the public boat ramp are important to the
social and economic health of the wider community.
4.5.4.3 To fulfil the intent of policy 4. .2, Council may accept the dedication of a linear open space system
along the Big Otter Creek as parkland dedication.
4.5.4.4 Lands subject to the "Harbour Residential/Commercial" designation shall be designated, under the
provisions of Section 41 of the Planninq Act, as a Site Plan Control Area.
4.5.4.5 Prior to consideration of an application for a zoning by-law amendment (including the removal of a
holding symbol "h") in the "Harbour Residential/Commercial" designation, such an application shall
be accompanied by the following:
a) planning study measuring the probable social, recreational and traffic impacts in the
village;
b) A servicing feasibility study; and
c) An examination of the effects of potential flooding and/or erosion along Big Otter
Creek, and/or the shore of Lake Erie, in consultation with the appropriate
Conservation Authority.
4.5.4.6 The required studies will show that the proposed development is compatible with surrounding land
uses and would not place a burden on the existing infrastructure of the Municipality.
4.5.5 Commercial
4.5.5.1 Wthin the area designated "Commercial" on Schedules "B', 'C" and "D", the predominant use of
land shall be for the buying and selling of goods and services. The types of commercial uses
permitted in this designation will be specified in the Zoning By-law.
Off¡cial Plan of the Municipality of Bayham
Revised 2009
Page 4-1 5
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 221 of 269
4.5.5.2 Secondary uses may also be permitted in the "Commercial" designation and may include residential
uses in accordance with Section 4.1.1, public parks and open space, off-street parking, and small-
scale or accessory industrial uses. These secondary uses will be specified in and regulated by the
Zoning By-law.
4.5.5.3 The "Commercial" designation will be recognized as the dominant areas of commercial activity in the
Municipality. New commercial development should be an extension of the existing area and should
be discouraged from establishing in adjacent residential areas unless it can be demonstrated that
suitable sites within the "Commercial" designation are not available.
4.5.5.4 The Municipality, in co-operation and consultation with merchants and property owners, will seek to
strengthen and enhance the "Commercial" designation. This will be achieved by improvements to
publicly and privately owned land and through the prevention of undesirable development taking
place.
4.5.5.5 Proposals for new development and redevelopment in the "Commercial" designation shall meet the
following criteria:
Services and facilities: Existing or proposed municipal services (including potable
water supply, sanitary sewage treatment and waste disposal, storm and surface
drainage, roads, sidewalks, and street lighting) shall be adequate to serve the
proposed development. lf these services or facilities are deemed inadequate, the
Municipality may require that an agreement be entered into with the developer as to
the design and cost apportionment of any public works required to bring these
services or facilities up to the appropriate standards of the Municipality.
Off-street oarkinq: Adequate parking shall be provided in accordance with the
Zoning By-law. As an alternative to providing on-site parking, the Municipality may
accept a cash-in-lieu payment with such monies going towards the creation of new or
the improvement of existing parking areas servicing the "Commercial" designation.
Adiacent and surroundinq land use: Adequate buffer planting or screening may be
required along the boundary between the "Commercial" designation and any
adjacent areas in any residential designation.
Zonino: All new development, redevelopment and expansions to existing
development shall comply with the standards of the Zoning By-law unless the By-law
is otherwise amended or a variance granted.
Storm drainaqe: Adequate provision for stormwater managemenVdrainage and
surface runoff subject to the requirements of the Municipality, and the statutory
a)
b)
c)
d)
e)
Offìcial Plan of the Municipality of Bayham
Revised 2009
Page 4-16
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 222 of 269
approvalauthority having jurisdiction, shall be provided. Where in the opinion of the
Municipality it is deemed necessary or desirable, the Municipality may require the
submission of a grading plan and/or stormwater management plan to ensure surface
water runoff does not adversely affect neighbouring properties or receiving
watercourses.
f) Site olan aqreement: The Municipality may require entering into a site plan
agreement to ensure the satisfactory provision and maintenance of facilities and
services relating to the proposed development or redevelopment.
4.5.5.6 lt is a policy of this Plan to encourage the design, construction and maintenance of buildings,
parking areas, public works and signs in a manner that will contribute to an attractive, safe and
enjoyable environment.
4.5.5.7 Small-scale manufacturing or industrial uses accessory to a commercial use will be permitted
subject to compliance with the Zoning By-law.
4.5.5.8 The Zoning By-law shall ensure that developments in the "Commercial" designation are
appropriately set back from the road. They shall be buffered to prevent adverse land use impacts,
and to protect adjacent residential, institutional and open space uses.
4.5.5.9 No open storage of materials shall be permitted in the "Commercial" designation.
4.5.5.10 The "Commercial" designation is a site plan control area and Council may pass a by-lawwhich
requires plans and an agreement as set out in Section of this Plan.
4.5.6 Industrial
4.5.6.1 Permitted uses in the "lndustrial" designation
manufacturing, assembling, processing, warehousing and storage. Bulk fuelfacilities, public utilities,
transportation and communication facilities are also permitted.
4.5.6.2 Buildings, offices and retail activities accessory to the "lndustrial" use and an accessory residence
for a caretaker, owner or essential workmen are permitted provided they are structurally attached to
the lndustrial land use.
4.5.6.3 The Zoning By-law and the provisions of site plan control under Section 41 of the Planning Act shall
ensure that industrial uses are appropriately set back from the road and are buffered and/or
landscaped to minimize any adverse impacts on adjacent areas. The Zoning By-law shall also
ensure that adequate off-street loading and parking are provided.
Off¡cial Plan of the Munic¡pality of Bayham
Revised 2009
Page 4-'17
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amended, of the Municipality of Bayham
Page 223 of 269
4.5.6.4 Notwithstanding the use of best available abatement technology, industries have the potential to
create off-site nuisances due to noise, odours, vibration and particulate emissions. Given the
foregoing, Councilwill give due regard to the guidelines referred to in the Ministry of Environment's
"Guideline D-6 Compatibility Between lndustrial Facilities and Sensitive Land Uses", or its successor
document, when reviewing any industrial development applications in proximity to sensitive land
uses.
4.5.6.5 lndustries that create extreme environmental conditions such as high air pollution, noise, excessive
solid waste generation or high liquid waste either in volume or toxicity will not be permitted.
4.5.6.6 The proposed municipal potable water supply system, method of municipal sanitary sewage
treatment and disposal, solid waste disposal, surface and storm drainage, taking of water, and any
emissions to the environment shall meet the requirements of, and where necessary, be approved by
the Ministry of the Environment. All new industrial uses will be required to connect to the municipal
potable water supply and municipal sanitary sewerage systems. Limited exceptions may be
permitted by amendment to this Plan and subject to the approval of the appropriate approval
authority.
4.5.6.7 The "lndustrial" designation is a site plan control area and the Municipality may require plans and a
development agreement as set out in Section I of this Plan.
4.5.7 Institutional
4.5.7.1 Within the areas designated "lnstitutional" on Schedules "B", "C" and "D", the primary use of land
shall be for clinics, places of worship, cemeteries, municipal offices and works yards and structures,
libraries, schools, provincial or federal buildings and structures, and utilities.
4.5.7.2 Minor institutional uses include places of worship and schools. Notwithstanding any other policy of
this Plan, small scale minor institutional uses are permitted in the "Residential" and "Commercial"
land use designations, subject to a rezoning. All other institutional uses will be required to be
located in an lnstitutional designation and may be subject to rezoning.
4.5.8 Open Space
4.5.8.1 Wthin the areas designated "Open Space" on Schedules "B", "C" and "D", the primary use of land
shall be for community parks, conservation areas, fairgrounds, other similar outdoor recreation
areas. Secondary uses such as buildings, structures and parking areas accessory or
complementary to the "Open Space" areas shall also be permitted.
Offìcial Plan of the Munic¡pality of Bayham
Revised 2009
Page 4-'18
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 224 of 269
4.5.8.2 Neighbourhood parks and playgrounds serving local needs shall not be included in the "Open
Space" designation but rather in a residential designation. They may however, be zoned in an open
space category in the Zoning By-law.
4.5.8.3 The Zoning By-law will specify the range of uses permitted in the designated "Open Space' areas as
well as the minimum standards which will apply to buildings and structures accessory or
complementary thereto.
4.5.8.4 \Mrere lands designated as "Open Space" are in private ownership, such designation does not imply
that these lands will remain as open space, nor shall it be construed as implying that these areas
are free and open to the general public or will be purchased by the Municipality or any other public
authority. lf a proposal is made to develop any such lands and the Municipality or the appropriate
public authority does not wish or is unable to purchase the lands in question for open space
purposes, the Municipality may redesignate the said lands for development purposes.
4.5.8.5 The Municipality will continue to support the development and maintenance of recreation facilities;
the acquisition, beautifìcation, and maintenance of public open space; and the development of
recreation programs insofar as its fìnancial resources permit.
4.5.8.6 The Municipality will ensure that adequate, safe neighbourhood parks are provided to serve the
areas in any residential designation. A minimum size for a neighbourhood park may be established
in the Zonrng By-law.
4.5.8.7 ln order to acquire and develop parks and open space areas, the Municipality shall require a
dedication of five percent, or cash-in-lieu, of the lands being subdivided for residential purposes and
for commercial and industrial purposes, two percent in accordance with the Plannino Act. The
monies received from cash in lieu payments may be used to purchase park and open space areas
elsewhere in the Municipality or, for any other public recreational purpose.
4.5.8.8 Lands within the area designated "Open Space" on Schedules "B", "C" and "D", may be susceptible
to hazardous conditions other than those associated with flooding. As such, prior to an Official Plan
Amendment to redesignate land from the Open Space designation, written approval from the
Conservation Authority must be obtained, if required by the Municipality.
4.5.8.9 Port Burwell's sewage treatment plant may periodically generate odours that could be a source of
nuisance to residential and other uses if such uses were permitted to locate in close proximity to the
plant. ln order to avoid land use conflicts and to protect the site from encroachment, the Municipality
may not adopt any amendments to the "Open Space" designation that would permit odour sensitive
uses to f ocate within 150 metres of the property/lot line of the sewage treatment works.
Offìcial Plan of the Municipality of Bayham
Revised 2009
Page 4-19
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 225 of 269
4.6 MOBILE HOME PARKS AND SEASONAL TRAVEL TRAILER PARKS
4.6.1 Mobile Home Parks
4.6.1.1 Consideration of the following factors shall be given in the evaluation of an amendment to the
Zoning By-law for mobile home parks:
a) All mobile homes are to be contained in a mobile home park development, which
may be established by a Plan of Subdivision pursuant to the Planninq Act;
b) The land shall be accessible to a main road by means of the roads within the mobile
home park;
c) The mobile home park shall be located such that bus or school services are not
unduly affected, and these shall be available to the site;
d) The park must be served by a municipal or communal water supply and sewage
disposal systems, which meet the requirements of and are approved by the Ministry
of the Environment, or its delegated authority as applicable. The methods of and
arrangements for ensuring responsibility for systems operation and maintenance
shall satisfy the Ministry of the Environment;
e) The maximum density of development will not exceed 20 units per hectare and the
minimum home size shall be 55 square metres;
f) Ut¡lities and services such as hydro, lighting, telephone, roads and sidewalks shall be
provided by the developer. Garbage collection and disposal may be provided by the
developer or by the Municipality;
g) Adequate buffering shall be provided to shield the mobile home park from
neighbouring uses and vice versa;
h) Eight percent of the gross area of the mobile home park shall be designated as a
recreational area. The buffer zone shall not be a part of the recreation area;
i) All housing units and services shall be in accordance with the standards and
specifications of the Province of Ontario;
j) Mobile home parks shall as a general rule, be a maximum of 80 units and a minimum
of 20 units in size;
k) For the purposes of this plan, a "mobile home" shall be defined in accordance with
the Planninq Act, but does not include any single-detached dwelling that has been
constructed so as to be located on a site other than that which it has been
constructed on.
Off¡cial Plan of the Municipal¡ty of Bayham
Revised 2009
Page 4-20
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 226 of 269
4.6.1.2 lt shall be the policy of this plan that an applicant who wishes to develop a mobile home park shall
enter into a development agreement with the Municipality prior to the passing of an amendment to
the Zoning By-law. Such an agreement shall include:
a) Arrangement for buffer planting to effectively screen the proposed development from
other residential, commercial or industrial uses;
lnstallation and maintenance of services;
Control of drainage on and from the property;
Control of the specific use to be made of the property and the location of all facets of
the development by a site plan. This site plan shall indicate:
1. The true shape, topography, contours, soil and drainage characteristics,
dimensions, acreage and location of the property to be developed as well as
the extent of adjacent property held for future mobile home park
development;
2. The existing use of all land and the location and use of all buildings and
structures lying within a distance of 100 metres from the land that is to be
developed for the mobile home park;
3. The location, height, dimensions and use of all buildings or structures
existing or proposed to be erected on the property;
4. All entrances and exists;
5. Design plans for the progressive and ultimate development of individual
mobile home lots, ancillary facilities and internal roads;
6. Drainage provisions - the method and final grades, by which the mobile
home park shall be adequately drained, certified by a qualifled engineer.
4.6.1.3 Notwithstanding the policies of this Plan the following existing mobile home parks have been
recognized in this Plan and shall be
appropriately zoned in the Zoning By-law;
e) Pitt Street, Port Burwell, Municipality of Bayham
f) Elizabeth Street, Port Burwell, Municipality of Bayham
4.6.2
4.6.2.1
b)
c)
d)
Seasonal Travel Trailer Parks
Offìcial Plan of the Municipality of Bayham
Revised 2009
Page 4-21
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 227 of 269
It shall be the policy of this Plan that an applicant who wishes to develop a seasonal
travel trailer park shall enter into a development agreement with the Municipality prior to the passing
of an amendment to the Zoning By-law as applicable. Such an agreement shall include and ensure
that the seasonal travel trailer park meets the following requirements:
a) The park must be accessible to a main road by means of a service road or roads
within the park;
b) The park must be served by a municipal or communal water supply and sewage
disposal systems, which meet the requirements of and are approved by the Ministry
of the Environment or its delegated authority as applicable. The methods and
arrangements for ensuring adequate systems operation, maintenance, and
responsibility shall satisfy the Ministry of the Environment;
c) The park must be served by utilities and services such as hydro, lighting, storm
drainage, and roads provided by the developer. Garbage collection and disposal
may be provided by the developer or by the Municipality;
d) An adequate buffer zone and buffer planting shall be provided to effectively screen
the proposed development from other residential, commercial or industrial uses
whether existing or proposed;
e) The park must have minimum lot sizes, which are not less than 150 square metres;
0 The park must be in operation only during the months of April to November;
g) The park must have 5 percent of the gross area designated as a recreational area.
The buffer zone shall not be a part of the recreation area. ln addition, the 5% park
land so designated should be consolidated in one location so that the land set aside
for recreation is not dispersed throughout the trailer park area in a number of small
plots;
h) The roads in the park must have a paved or gravel surface and adequate space
must be provided to permit cars with trailers to back onto the lots;
i) The specific use to be made of the property and the location of all facets of the
development must be set out in a site plan. This plan should indicate:
1. The true shape, topography, contours, dimensions, area and location of the
property to be developed as well as the extent of adjacent property held for
future mobile park development;
2. The existing use of all land and the location and use of all buildings and
structures lying within a distance of 120 metres from the land that is to be
Official Plan of the Municipality of Bayham
Revised 2009
Page 4-22
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 228 of 269
3
developed for the seasonal travel trailer park;
The location, height, dimensions and use of all buildings or structures
existing or proposed to be erected on the property;
All entrances and exits;
Design plans for the progressive and ultimate development of individual
travel trailer lots, ancillary facilities and internal roads;
Drainage provisions - the method and final grades, by which the travel trailer
park shall be adequately drained, certified by a qualified engineer;
The location of any communalwells and subsurface sewage treatment and
disposal systems, both within the proposed development and within a
distance of 120 metres from the land that is to be developed.
4
5
6
7
Offìcial Plan of the Municipality of Bayham
Revised 2009
Page 4-23
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 229 of 269
SECTION 5 INFRASTRUCTURE, PUBLIC SERVICE FACILITIES
AND ENERGY
Official Plan of the Municipality of Bayham
Revised 2009
Page 5-1
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amended, of the Municipality of Bayham
Page 230 of 269
5.2 TRANSPORTATION
5.2.1 General
This section should be read in conjunction with Schedules "Al ", '8", "C'and "0" to this Plan, which shows the
general classification of roads in the Municipality.
5.2.2 Road Svstem
The road system serving the Municipality of Bayham is comprised of a Provincial Highway, County Roads and
Municipal Roads. Wth the exception of new roads created as a result of a plan of subdivision and/or a site
plan agreement for a major development, the existing road system is considered
adequate to meet the needs of the Municipality over the planning period. No signiflcant changes apart from
normal maintenance and improvements are expected or considered necessary.
5.2.3 Road Classifications
5.2.3.1 The Provincial Highway is designated as such and County roads are arterial roads on Schedules
"41', "B', "C" and "D". Both the Provincial Highway and the County roads are designed to connect
the major traffic generating areas of the Municipality and to be capable of carrying large to medium
Off¡cial Plan of the Municipal¡ty of Bayham
Revised 2009
Page 5-2
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amended, of the Municipality of Bayham
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volumes of traff¡c within and through the Municipality. All other roads are local roads which are
intended to provide access to abutting properties, to serve destination as opposed to through traffic,
and to act as feeders to the arterial road system.
5.2.4 Road Allowance Widths
The required road allowance of a road or highway shall be determined by the authority having jurisdiction,
Generally, arterial roads shall have a right-of-way ranging from 20 metres to 30 metres. Local roads shall
have a right-of-way ranging from 20 metres to 26 metres. ln some cases, such as cul-de-sacs and short
streets, consideration may be given to road allowances that are less than 20 metres in width; however, in no
case shall a road allowance be created that is less than l5 metres in width.
5.2.5 Neiqhbourinq Mu nicioalities
The road system of the Municipality shall be compatible and co-ordinated with the road system of
neighbouring municipalities.
5.2.6 Subdivisions
New roads created as a result of a consent or plan of subdivision shall be constructed to the standards of the
Municipality prior to assumption by the Municipality. When new roads intersect Provincial Highways or County
Roads, standards of construction at these intersections shall be subject to the approval of the Ontario Ministry
of Transportation or the County of Elgin as the case may be.
5.2.7 Railwavs
5.2.7.1 All proposed development within 300 metres of a railway right-of-way shall be required to undertake
noise studies, to the satisfaction of the municipality and in consultation with the appropriate railway.
Noise studies shall be completed in accordance with provincial guidelines. The proponent shall
undertake appropriate measures to mitigate any adverse effects from noise that were identified.
5.2.7.2 All proposed development within 75 metres of a railway right-of-way may be required to undertake
vibration studies, to the satisfaction of the Municipality and the appropriate railway. The proponent
shall undertake appropriate measures to mitigate any adverse effects from vibration that were
identified.
Off¡c¡al Plan of the Municipality of Bayham
Revised 2009
Page 5-3
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 232 of 269
5.2.7.3 All proposed development adjacent to railways shall ensure that appropriate safety measures such
as setbacks, berms, and security fencing are provided, to the satisfaction of the Municipality in
consultation with the appropriate railway.
5.2.8 lmpacts on Heritaqe Resources
ln the case of extensions to roads and other necessary road improvements in general, including realignment
and road widening, consideration will be given to the impact of such extensions or improvements on heritage
resources, especially on the character of streetscapes and major crossroads or intersections.
5.2.9 Unooened Road Allowances
The location of existing unopened road allowances are indicated on Schedules "8", "C" and "D" to prevent
possible encroachment from future development. Actual alignment of these new roads or streets will be
established at the time of survey. An amendment to this Plan will not be considered necessary to close an
existing road allowance where considered desirable to do so by Municipal Council, or alternatively to establish
a new road allowance.
5.2.10 Plank Road
Traffic control devices shall be placed so as to favourthrough traffic on Plank Road. Local streets shall be stop
streets where they intersect with Plank Road.
5.2.11 Marina
It is the policy of this Plan to support and encouràge the establishment of a marina on Lake Erie at the mouth
of Big Otter Creek.
Official Plan of the Municipality of Bayham
Revised 2009
Page 5-4
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amended, of the Municipality of Bayham
Page 233 of 269
ENERGY
5.3.2 Electric Power Facilities
All existing electric power facilities and the development of any undertakings of Hydro One or successor
companies, but not including buildings or land used for executive, administrative or retail purposes, or held
under lease or license from Hydro One, are permitted in all land use designations without amendment to this
Plan. However, prior to carrying out or authorizing an undertaking that will directly affect the Municipality,
Hydro One shall consult with the Municipality and have regard for the policies of this Plan.
5.3.3
5.3.3.1 The Municipality of Bayham supports the development of wind energy systems for
electricity production, as a source of renewable energy for the economic and environmental benefit
of the Municípality and the Province.
Wind farms, comprising one or more large wind turbine(s), where electricalwind energy
is sold to the electrical grid, may be permitted through a zoning by-law amendment. lt is intended
that many of the safety, noise and visual impacts will be contained on the site of the wind farm.
5.3.3.2 Wind farms shall generally be located
on large parcels of agricultural land having limited residential
development on-site or nearby. The sites will be separated from urban land uses found in the
"Hamlets" or "Villages" designations of Schedule "41" in order to reduce the potential impact of
safety, noise and visual intrusion on these areas. The proposed sites will have access to a public
road with the existing design capacity to accommodate construction and maintenance vehicles
needed for the wind farm. The site will have sufficient area to provide setbacks from sensitive
residential and institutional land uses and to provide safety from structure collapse or falling ice.
The wind energy system shall be designed, built, operated and maintained by firms / individuals
qualified to undertake the work.
5.3.3.3 Wnd Farms may be permitted by Zoning By-law amendment, in the rural designations identified
above, where the applicant demonstrates, through appropriate studies, undertaken by qualified
professionals, that all issues related to the amendment application have been addressed. The
Off¡cial Plan of the Municipality of Bayham
Revised 2009
Page 5-5
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 234 of 269
applicant is encouraged to contact the municipality prior to commencing the background studies, to
determine the nature and scope of the issues, which need to be addressed. The proponent shall
undertake one or more of the following applicable studies:
a) A noise impact study will be undertaken to determine setbacks from wind farms so
that, noise levels will not exceed the Ministry of the Environment noise standards for
sensitive land uses;
b) A visual impact study will be undertaken to determine the impact and mitigation
measures required for the shadow or reflection of light coming from any part of the
wind turbine on adjacent sensitive land uses;
c) A visual impact study will be undertaken to determine the impact and mitigation
measures required for wind turbines on the landscape as viewed from Lake Erie,
municipal roads or other public access lands;
d) Where natural heritage features or functions are identified in the
Official Plan, an environmental impact study shall be undertaken
Where landing strips, aerodromes ortelecommunication systems exist in proximityto
the proposed wind farm, a study shall be undertaken to ensure the siting and
operation of the turbines will not impact on the operation or safety of these land uses.
Wrere vacant lands are located in proximity to a wind farm, consideration shall be
given to allowing future development of those vacant lots in accordance with the
noise, safety and visual impact or mitigation criteria for existing development.
A planning justification report which demonstrates that the proposed wind turbines
are located on lower priority agricultural lands, where possible; and which
demonstrates wind turbine placement that minimizes the disruption to agricultural
uses and normal farm practices;
Where a significant amount of agricultural land is proposed to be removed from
agricultural use for the development of a wind farm, Council shall require the
proponent to demonstrate that the proposed wind farm is a secondary use; protects
e)
s)
h)
Official Plan of the Municipality of Bayham
Revised 2009
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amended, of the Municipality of Bayham
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agricultural uses and normal farm practices; and is compatible with and will not
hinder surrounding agricultural operations.
5.3.3.4 Wnd farms shall be subject to a site plan agreement, for the location of road access, parking,
accessory buildings, vegetative buffers, location of external works/facilities, storm water
managemenUdrainage and any other identified mitigation measures.
Official Plan of the Municipalig of Bayham
Revised 2009
Page 5-7
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amended, of the Municipality of Bayham
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Official Plan of the Municipality of Bayham
Revised 2009
Page 5-8
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amended, of the Municipality of Bayham
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sEcTtoN 6 HAZARD
6.1
6.1.1 General
6.1.1.1 The "Hazard Lands" designation applies to areas which exhibit or potentially exhibit a hazardous
condition as a result of their susceptibility to flooding, erosion, dynamic beach hazards, subsidence,
slumping, inundation or the presence of unstable soils, unstable bedrock, or steep slopes.
6.1.1.2 ln the Municipality of Bayham the boundaries of the "Hazard Lands" designation have been
generalized on Schedule "
in the Municipality.
due to the absence of detailed engineered flood line mapping
These areas may be used for any ofthe
6.1 .1 .3
6.1.2
ln all cases the location of buildings and structures for purposes
other than flood or erosion control will be regulated through the provisions of the Zoning By-law after
Municipal Council has consulted the Conservation Authority where applicable.
The "Hazard Lands" designation within Port Burwell, adjacent to Big Otter Creek was determined
through the simulation of the 1 OO-year hydraulic flood as established by the Conservation Authority.
The lands within the "Hazard Lands" designation represent the engineered Flood platn for the Big
Otter Creek. Bridges, culverts, hydro structures and boathouses without residential quarters, are
permitted.
Buildinqs and Fill
No buildings and structures shall be permitted in the "Hazard Lands" except
where such buildings, structures or fill are intended
for flood or erosion control and are approved by the Municipal Council and/or the Conservation Authority.
6.1.3 Flood ControlWork
\Ä/henever any flood control or other works are undertaken which result in changes in any area designated as
"Hazard Lands", such changes will be incorporated into the appropriate Land Use Plan, by an amendment to
this Plan.
6.1.4 Land Dedication Under the Planninq Act
\y'úhere new development is proposed on a site, part of which is designated as "Hazard Lands" in the plan, then
Official Plan of the Municipality of Bayham
Revised 2009
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amended, of the Municipality of Bayham
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such lands shall not necessarily be acceptable as part of the dedication for park purposes as required under
the Planninq Act. All lands dedicated to the Municipality shall be conveyed in a physicalcondition satisfactory
to the Municipality.
6.1.5 Setbacks and Lotlines
Building setbacks will be imposed from the margins of hazard lands in relation to the kind, extent and severity
of the existing and potential hazards after consultation with the Conservation Authority.
6.1.6 Consideration of Amendments
6. 1 .6.1 Where any land designated as "Hazard Lands" is under private ownership, the Plan does not intend
that this land will necessarily remain as hazard land indefinitely, nor shall it be construed as implying
that such land is free and open to the general public or that the land will be purchased by the
Municipality or any other public agency. Applications for the redesignation of "Hazard Lands" for
other purposes may be considered by the Municipal Council after consultation with the Conservation
Authority and various Ministries or agencies and after consideration of the following:
a) The existing physical hazards;
b) The potential impacts of these hazards;
c) The proposed methods by which these impacts may be overcome in a manner
consistent with accepted engineering techniques and resource management
practices; and,
d) The costs and benefits in monetary, social and biological value in terms of any
engineering works and/or resource management practices needed to overcome
these impacts.
6.1.6.2 There is no public obligation, however, either to redesignate or to purchase any area designated
"Hazard Lands" particularly if there is an existing or potential hazard that would be difficult or costly
to overcome, and furthermore, any studies or plans required by the Municipality or the Conservation
Authority must be prepared by the applicant/landowner at his own expense.
6.1.7 Vallev Walls and Too of Bank
6.1.7.1 Valley walls and banks adjacent to the actual flood plain or valleylands system in the "Hazard
Lands" designation may be subject to erosion or instability due to soil and slope characteristics. ln
many cases, these lands also possess unique physical features, which further warrant their
preservation.
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Revised 2009
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6.1.7.2 Valley walls and the top of bank shall be considered to extend from the flood plain to a distance of
30 metres from the top of bank of all flood plain areas. Valley walls are the area of lands between
the watercourse and the top of bank. The top of bank is defined as the highest point of the valley
wallsasdeterminedbya3:1 (run:rise)elevation,whichbegins'l5metresbackfromthetoeof bank
of the watercourse.
6.1 .7.3 Lands within the valley walls and top of bank areas are intended primarily for the preservation of the
natural landscape. Such uses as agriculture, outdoor recreation, nursery gardening, forestry, public
or private parks, or other outdoor recreation functions, may be permitted.
6.1.7.4 The erection of buildings, grading, or any other construction may be undertaken in this area
provided that:
Engineering reports are prepared at the cost of the owner/applicant to ensure that
the proposed construction will not be endangered by possible erosion or land
slippage and that adequate tableland exists to ensure proper sewage servicing.
The development is compatible with the natural landscape and does not adversely
alter the valley features or result in extensive clearing of wooded areas.
Written permission is received from the Conservation Authori$ and the Ministry of
Natural Resources.
6.r.8 Lake Erie Shoreline
6.1.8.1 The Lake Erie shoreline area is a strip of land immediately adjacent to Lake Erie that is influenced
by flooding, erosion, and dynamic beachhazards and may present a hazardto any structures within
this area. For the purpose of the Official Plan the "Hazard Lands" will begin at the furthest landward
limit of these three shoreline hazards.
a) Tl'te flooding hazard limit will extend for a distance determined by the following
formula:
a)
b)
c)
100 yr. +
flood level
15 metres (engineered flood allowance for wave
uprush and other water related hazards)
b)The erosion hazard limit will extend for a distance determined by the following
formula:
D = 3h + 100r (or) 30 metres (whichever is greater)
\¡1/here
þ = Setback (metres) measured from toe of bluff
Off¡cial Plan of the Municipality of Bayham
Revised 2009
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þ = Difference in elevation between top of bluff and toe of bluff which
may or may not be below or above lake level elevation
Note: Lake level is elevation 173.85 metres ASL (GSC datum) (average
for last ten (10) years during November to March period)
100 = Gonstant representing 100 years of protection
r = Rate of erosion in metres per year at the point under consideration,
as determined by the appropriate Conservation Authority.
c) The dynamic beach hazard limit will
following formula:
flooding hazard limit as
determined by subsection .8.1
a)
extend for a distance determined by the
dynamic beach allowance
of 30 metres
6.1.8.2 The policy of this Offlcial Plan is to allow structures within this area only if the erosion at the building
site in question has been decreased to zero by a stabilization project. Such stabilization project
must be:
a) Designed and supervised by a registered Professional Engineer;
b) Approved by the appropriate Conservation Authority, Municipal Council and the
Ministry of Natural Resources.
6.1.8.3 ln some cases, buildings and structures may be erected closer to the waterline than the distance
calculated through the application of the formula in subsection .8.1 a) of this Plan. Such
buildings and structures may be associated with water-related uses such as marinas, docks and
boathouses, and in all cases, the erection or expansion of all such buildings and structures shall be
subject to the approval of the appropriate Conservation Authority.
6.1 .8.4 For areas that are exposed to the 1 :100 year lake level and wave uprush as defined by the Ministry
of Natural Resources, new development, and additions to, or relocations of existing structures, shall
incorporate floodproofing measures and shall be subject to the approval of the Municipal Council,
Ministry of Natural Resources and the appropriate Conservation Authority.
6.1.9.1 The following
designation:
policies will apply for any proposed development within the "Hazard Lands"
Development within lhe defined pottion of a dynamic beach, or in areas which willa)
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b)
c)
d)
initiate or increase existing flooding hazards, erosion rates, or dynamic beach
processes along areas of the Flood plain, valley walls and Lake Erie shoreline will
not be permitted.
On the Lake Erie shoreline, the approval of the Ministry of Natural Resources will
also be secured before Council gives favourable consideration to any shoreline-
related development.
Vehicular and pedestrian mobility to and from sites within the "Hazard Lands"
designation must be ensured during times of emergency (ie. flooding, erosion etc.).
No new development of buildings or other structures will be permitted on the toe of
slope if it is unstable and susceptible to erosion. Slope stabilization measures shall
be undertaken in accordance with the advice of the appropriate Conservation
Authority.
No development involving institutional uses, essential emergency serulces, or
involving the disposal, manufacture, treatment, or storage of hazardous substances
willbe permitted.
Not contain sanitary facilities unless connected to municipal sewers;
Be located so as not to interfere with navigation or aids to navigation;
Be constructed and placed so as to minimize the impact on natural vegetation and
topography;
Not contain any residential accommodations.
e)
6.1 .10 Docks and Waterfront Structures
6.1.10.1 Docks, waterfront and marina structures on property abutting water shall:
a) Be subject to the approval of the appropriate Conservation Authority
;
Be designed, constructed and maintained in a manner that contributes to the amenity
of the Municipality;
Be capable of withstanding damaging storms, ice and high water conditions
b)
c)
d)
e)
0
s)
Official Plan of the Municipality of Bayham
Revised 2009
Page 6-5
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 242 of 269
6.2
6.2.1
FLOODWAY/FLOOD FRINGE
General
6.2.1 .1 Lands that may be subject to periodic flooding or slope instability are identified as either "Floodway"
or "Flood Fringe" on Schedule "C"These lands are
associated with the Big Otter Creek, which flows through the village of Vienna.
6.2.1.2 Prior to the erection or alteration of any buildings or structures, or any other construction that will
require floodproofing measures, a property survey shall be completed to verify topographic
elevations.
6.2.1.3 Existing uses in the "Floodway" designation will be recognized in the Zoning By-law as legal non-
conforming uses. Existing uses in the "Flood Fringe" designation may be recognized as permitted
uses by the underlying land use designations. Additional development or redevelopment of land in
these areas will however, be in accordance with the following policies for either the "Floodway" or
"Flood Fringe" as shown on Schedule "C" to this Plan.
6.2.2 Floodwav
6.2.2.1 The "Floodway" designation shown on Schedule "C" is based on a hydrologic calculation to develop
a two zone flood concept of the 1:100 year storm event on the Big Otter Creek.
6.2.2.2 The erection of any buildings or structures other than those required for flood or erosion control, or
those which are otherwise permitted by Section I of this Plan are prohibited in the "Floodway".
6.2.2.3 Minor extensions or enlargements to existing buildings and structures which are not otherwise
prohibited by this Plan shall be in compliance and conformity with the regulations of the Zoning By-
law, and must receive written approval from the Conservation Authority regarding acceptable
floodproofing elevations and measures. The Conservation Authority will determine whether the
proposal is minor in nature and specify the level of floodproofing required.
6.2.2.4 lf partial or total destruction of a building or structure occurs in the "Floodway" due to fire, flood, or
other natural disaster, that building or structure may be rebuilt to its former dimensions and for the
same use as existed immediately before its destruction, subsequent to the written approval of the
Conservation Authority regarding acceptable fl oodproofing elevations and measures.
6.2.2.5 Uses that may be permitted within the "Floodway" designation include:
. Open space for public or private recreation purposes excluding permanent buildings
and structures;
Offìcial Plan of the MunicipaliÇ of Bayham
Revised 2009
Page 6-6
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 243 of 269
' :::::ff;i:r,:','ffiilï::ffi;""":","i:.".
long as they are not explosive, buoyant, corrosive, flammable, or a pollutant,
. Roads, bridges, railways and other public services of approved hydrologic design;
. Appurtenances that would not obstruct the passage of flood waters or debris;
Approved structural works used for flood and erosion or sediment control.
6.2.2.6 The establishment of any of the aforementioned uses in the "Floodway" shall be subject to written
approval of the Conservation Authority and/or the Ministry of Natural Resources and shall be in
conformity and compliance with the regulations of the Zoning By-law.
6.2.3 Flood Frinqe
6.2.3.1 The "Flood Fringe" designation shown on Schedule "C" is based on the Regulatory Flood level
(1:100 Year Storm Event) of the Big Otter Creek. The "Flood Fringe" defines the upper limit of
flooding under the most severe regulation flood conditions and applies to the area(s) between the
"Floodway" level and the Regulatory Flood Level.
6.2.3.2 The development of buildings and structures will be permitted in the "Flood Fringe" designation
subject to floodproofing to the Regulatory Flood level and any other special flood protection
measures which are adopted in compliance with the regulations of the Zoning By-law, and subject to
written approval from the Conservation Authority. Consideration will also be given to ingress/egress
such that vehicular and pedestrian movement is not prevented during times of flood.
6.2.3.3 The extension, enlargement, expansion and redevelopment or floodproofing of existing buildings
and structures will be permitted in the "Flood Fringe" designation subject to compliance with the
regulations of the Zoning By-law, and subsequent to the written approval of the Conservation
Authority regarding acceptable floodprooflng elevations and measures.
6.2.3.4 lf partial or total destruction of a building or structure occurs in the "Flood Fringe" designation due to
flood, fire or other natural disaster, that building or structure may be rebuilt subsequent to the written
approval of the Conservation Authority regarding acceptable floodproofing elevations and measures
and all other applicable regulations of the Zoning By-law.
6.2.3.5 The permitted uses and floodproofing requirements for buildings and structures in the "Flood Fringe"
designation shall be detailed in the Zoning By-law.
6.2.3.6 Any placement or removal of fill within the "Flood Fringe" designation will be subject to the written
approval of the Conservation Authority.
Official Plan of the Municipality of Bayham
Revised 2009
Page 6-7
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 244 of 269
Off¡cial Plan of the Municipality of Bayham
Revised 2009
Page 6-8
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 245 of 269
SECTION 7 COMMUNITY IMPROVEMENT
Municipal Council has determined that all of the Hamlets and Villages shown on Schedule "Al" to the Official
Plan shall form the community improvement areas in the Municipality of Bayham during the
planning period.
7.1 COMMUNITY IMPROVEMENT GOALS AND OBJECTIVES
7.1.1 Goals
7.1 .1.1 To stabilize preserve and improve existing and viable residential, recreational and commercial areas
in the Hamlets and Villages of the Municipality of Bayham;
7 .1 .1.2 To utilize community improvement initiatives as an incentive to attract new commercial and industrial
establishments to the hamlets, with particular emphasis on the expansion of the industrial base in
the Villages of Straffordville, Vienna and Port Burwell.
7.1.1.3 To safeguard the health, convenience and enjoyment of both residents and visitors by improving
social, cultural and recreational facilities and services.
7 .1 .1 .4 To protect and improve the economic well being of the Municipality and its residents by encouraging
and/or participating in programs that will promote new jobs, new capital investment and increases in
the economic base and municipal tax base, having regard for the cosVbenefit relationship of such
programs.
7.1.2 Residential Obiectives
7.1.2.1 To improve conditions in older deteriorating but potentially stable and predominantly residential
areas or neighbourhoods so as to maintain their long-term viability;
7.1.2.2 To encourage infilling in established residential neighbourhoods and under-developed areas
designated for such land use so as to maintain the relatively compact configuration of development
within the Hamlets and Villages;
7.1 .2.3 To encourage rehabilitation and upgrading of existing housing stock so as to achieve and maintain a
minimum standard of housing;
7.1.2.4 To upgrade municipal services, public utilities and social and recreational facilities;
7.1.2.5 To ensure that municipally operated facilities and community services are provided consistent wíth
the identified needs of all residents in the Hamlets and Villages;
Off¡c¡al Plan of the Municipality of Bayham
Revised 2009
Page 7-1
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 246 of 269
7.1.3 CommercialObiectives
7.1.3.1 To improve both parking and pedestrian facilities in the commercial areas;
7.1.3.2 To encourage the rehabilitation of existing commercial and institutional developments in the Hamlets
and Mllages;
7.1.3.3 To improve the overall attractiveness of the commercial areas in terms of aesthetics and public
amenities;
7.1.3.4 To diversify and expand the economic base of the Hamlets and Villages, and to expand the range of
services and shopping opportunities available in the Hamlets and Villages;
7.1.3.5 To prepare and implement a design scheme and marketing strategy for the "Commercial"
designations in Straffordville, Vienna and Port Burwell.
7.1.4 Other Obiectives
7.1.4.1 ln addition to the speciflc Residential and Commercial objectives, the following objectives are
intended to achieve the goals of Community lmprovement:
a) surface treat all local roads that are within the Municipality's jurisdiction;
b) provide curbs, gutters and asphalt on all collector and arterial roads in the
Municipality;
c) provide adequate street lighting on all local and arterial roads in the Municipality and
on certain local roads where warranted;
d) provide low intensity lighting on footpaths, lanes and in park areas;
e) provide sidewalks in urban areas of the Municipality where it is warranted by
pedestrian traffic;
f) improve existing, and establish new parks, playgrounds, rest areas, open space
areas, indoor recreational facilities and water access facilities;
g) improve existing and establish new social and recreationalfacilities and programs for
children, adults and senior citizens;
h) phase out non-compatible land uses as identified by both the Official Plan and the
Zoning By-laws;
i) provide publicly-owned and operated sewage collection facilities to all urban property
owners;
Official Plan of the Municipality of Bayham
Revised 2009
Page 7-2
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 247 of 269
j) provide publicly-owned and operated water services to all urban areas. The water
shall be of a quality water distribution system shall be of a standard acceptable to the
Ministry of Environment or their delegated authority.
7 .1 .4.2 ln achieving the above objectives, Council shall consider whether fìnances permit the undertaking of
these objectives.
7.2 CRITERIA FOR THE SELECTION OF COMMUNITY IMPROVEMENT AREAS
7.2.'l Residential Criteria
7.2.1.1 A significant portion of the residential properties are in need of rehabilitation;
7.2.1.2 Deficiency of neighbourhood parkland such as playgrounds, rest areas etc., or other identified
recreational facility resources;
7 .2.1 .3 Need for improvement to or extension of municipal services including water mains, sanitary sewers,
storm sewers, storm drains and catch basins, pumping stations, street lights, roadways, sidewalks,
curbs and gutters;
7 .2.1.4 Stability of the existing pattern of residential land use.
7.2.2 Commercial Criteria
7.2.2.1 Areas of predominately commercial land use which are potentially stable and viable;
7.2.2.2 A need for improvement to or extension of municipal services including water mains, sanitary
sewers, storm drains, catch basins, sidewalks, curbs and gutters and streetlights;
7 .2.2.3 A need for aesthetic improvements or beautification which may enhance the commercial viability of
businesses in the area;
7.2.2.4 An observed decline in the commercial assessment in the area and/or a decline in the number or
variety of commercial establishments in the area.
7.2.3 Other Criteria
7.2.3.1 Condition and appearance of buildings, landscaping and other site features in relation to a
Maintenance and Occupancy Standards By-law.
7.2.3.2 Condition and adequacy of municipal physical services such as roads, water systems, sanitary
sewers, storm water drainage, sidewalks, lighting and hydro.
Offìcial Plan of the Municipality of Bayham
Revised 2009
Page 7-3
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 248 of 269
7.2.3.3 Conditíon and adequacy of municipal recreational services and facilities such as parks, play
equipment, trails, beaches, sports fields, camping facilities and water access points.
7.2.3.4 Condition and adequacy of municipal, social and cultural facilities such as meeting rooms,
museums, libraries and community centres
7.2.3.5 Compatibility of land uses and uses of land in conflict with the Official Plan and/or the Zoning By-
law.
7.2.3.6 Size, location and type of signage, adequacy, location and condition of off-street parking,
commercial vacancy rate, pedestrian accessibility to businesses, appearance of street, including
front and rear building facades and potential for expansion (inventory of serviced and zoned lands)
in the Commercial designation, in addition to items i), ii)and v) above.
7.3 DELINEATION OF COMMUNITY IMPROVEMENT AREAS
Municipal Council may designate by By-law, "Community lmprovement Project Areas" within the overall
Community lmprovement Areas shown as Hamlets and Villages on Schedules "41", 'B', 'C', and "D". These
areas are eligible for "Community lmprovement" as defined in the Planninq Act.
7.4 IMPLEMENTATION
7.4.1 Policies
7.4.1.1 Development applications within Community lmprovement Project Areas will be evaluated
considering the objectives of community improvement for that area;
7.4.1.2 The relative need for community improvements will be considered in the preparation of annual
municipal capital expenditure budgets;
7.4.1.3 Municipal Council may acquire, hold and prepare land forthe purposes of community improvement
within designated Community lmprovement Project Areas where appropriate;
7.4.1.4 The Municipality will enforce its Property Maintenance and Occupancy Standards By-law in orderto
maintain minimum standards of occupancy for any class or type of building, structure, or land use
within the Community lmprovement Area;
Official Plan of the Municipal¡ty of Bayham
Revised 2009
Page 7-4
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 249 of 269
7 .4.1.5 The Municipal Council will consider the granting of variances and the use of innovative or flexible
zoning techniques as per the Planninq Act, where such techniques would support communiÇ
improvement objectives;
7.4.1.6 The Municipal Council will support proposals for infill development within the Community
lmprovement Area when it has been demonstrated that such infill development will not cause or
contribute to land use conflicts;
7.4.1.7 The Municipal Council will consider delegations and proposals from organized community groups
who itemize deficiencies and needs in local leisure resources and facilities;
7.4.1.8 Specific Community lmprovement Projects will depend on the availability of Federal and Provincial
grant and/or loan programs, Municipal resources, and on the relative need for physical
improvements in specific areas.
Official Plan of the Mun¡c¡pality of Bayham
Revised 2009
Page 7-5
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 250 of 269
SECTION 8 IMPLEMENTATION
8.I GENERAL
The Offìcial Plan of the Municipality of Bayham shall be implemented through the activities of both the private
sector and the public sector. ln the latter case, a variety of means shall be used to implement the policies of
the Plan. These means shall include, but not be limited to, zoning by-laws, maintenance and occupancy
standards by-laws, plans of subdivision and subdivision agreements, site plan agreements, consents, public
capital works programs, the Provincial Policy Statement and other relevant or appropriate provisions of the
Planninq Act, the Municioal Act, the Ontario Buildinq Code Act, or any other applicable act.
8.2 INTERPRETATION
8.2.1 Boundarv lnterpretation
8.2.1.1 The boundaries of all land use designations as depicted on Schedule
"41', 'B', "C" and "D" are approximate except where they coincide with highways, roads, railway
lines, transmission lines, lot lines, rivers, or any other clearly defined cultural or natural features.
8.2.1.2 Wrere the boundaries of areas designated as "Hazard Lands" are in doubt, the Municipal Council or
its delegate shall consult with the Conservation Authority having jurisdiction and/or the Ontario
Ministry of Natural Resources to determine whether the Hazard Lands policies apply.
8.2.1.3 The location of all highways and roads on Schedule "41', 'B', "C" and "0" inclusive are considered
approximate.
8.2.1.4 Amendments to this Plan will not be required to effect minor adjustments to the land use boundaries,
or the location of highways and roads provided the general spirit and intent of the Plan is
maintained.
8.2.2 Other
8.2.2.1 Numericalfigures contained within this Plan shall not be considered as rigid and inflexible. Mínor
deviations shall be permitted without amendment to the Plan provided the general spirit and intent of
the Plan is maintained.
8.2.2.2 \A/herever a use is permitted in a land use classification, it is intended that uses, buildings, or
structures normally incidental, accessory, and essential to that use shall also be permitted.
Off¡cial Plan of the Municipal¡ty of Bayham
Revised 2009
Page 8-1
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 251 of 269
8.3 DELEGATION OF AUTHORITY
8.3.1 Policies
8.3.1.1 The Municipal Council may delegate any of the authority vested with Council by the Planninq Act,
which authority is permitted to be delegated by the said Act, as Council deems appropriate during
the planning period.
8.3.1 .2 The delegation of Council's authority pursuant to the Planninq Act, may be assigned by resolution of
Council in complíance with the said Act, to any of the following: a committee of the whole or part of
Council; a planning advisory committee which may or may not include non-elected ratepayers of the
Municipality; the Municipal Clerk; the Municipal Building lnspector and/or By-law Enforcement
Officer; a Committee of Adjustment; the Elgin County Land Division Committee; or any other eligible
person or persons as permitted by the provisions of the Planning Act, and as Council deems
appropriate.
ZONING BY.LAWS
8.4.1.1 The comprehensive Zoning By-law shall contain, where appropriate, land use zones in accordance
with the policy areas and land use designations of this Plan (Schedules "41", "B', 'C' and "D") and
will establish regulations to control the use of land and the character, location, and use of buildings
and structures.
8.4.2.1 Some uses of land existing at the date of adoption of this Plan may not satisfy all the land use
policies set out in the Plan. ln response to these situations and notwithstanding the land use
Official Plan of the Municipality of Bayham
Revised 2009
Page 8-2
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 252 of 269
policies and designations, such uses may be zoned in the Zoning By-law in accordance with their
present use provided that:
a) the zoning will not allow any change of use which will be detrimental to adjacent
complying uses;
b) the use does not constitute a danger or a nuisance to sunounding uses by the traffic,
noise, odours, dust or visual impact which the use may generate;
c) where the use is discontinued, rezoning may only take place if the new use is more
compatible with or is in accordance with the policies and the spirit and intent of this
Plan.
8.4.3.1 Designations and land use designations on Schedules '41', "B', "C" and "D" may not be zoned for
such uses or purposes immediately in the Zoning By-law. Certain areas may be placed in a
"holding" category until such time as the conditions and circumstances necessary for development
have been satisfied and without the need for an amendment to the Plan.
8.4.4.1 The Municipal Council shall appoint a Committee of Adjustment pursuant to the Planninq Act, to
deal with minor variances to the zoning by-law(s).
AMENDMENTS. NOTIGE REQUIREMENTS. PUBLIC PARTICIPATION AND APPEALS
Offcial Plan of the Municipali$ of Bayham
Revised 2009
Page 8-3
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 253 of 269
8.5.2.1 The public will be given the opportunity to present their views on proposed amendments to the
Official Plan or for Community lmprovement Plans at a
public meeting, which will be held by the Municipal Council in connection with the regular cycle of
scheduled meetings.
8.5.2.2 The notíce of a public meeting shall include a description of the nature and location of the proposed
Official Plan amendmen or Community lmprovement Plan, and the place, date and
time of the public meeting.
8.5.2.3 ln the case of comprehensive amendments which will affect the entire
municipality, a Community lmprovement Plan, notice shall be given by publication
in a newspaper which the Clerk of the Municipality considers to provide sufficient general circulation
in the municipality to give the public reasonable notice, not less than 20 days prior to the date of the
public meeting.
8.5.2.4 Notice of the adoption of an amendment to the Official Plan or Community lmprovement Plan shall
be given by prepaid flrst class mail to every person and agency that has given the Clerk of the
Municipality a written request for such notice and has provided the Clerk with a return mailing
address.
8.5.2.5 ln the event that modifications to the proposed amendment to the Official Plan or
Community lmprovement Plan resulting from the public meeting are substantial in the opinion of the
Municipal Council, another public meeting shall be scheduled to inform the public regarding the
revised amendment or plan, and notice shall be given in the same manner and to the same persons
Offìcial Plan of the Municipality of Bayham
Revised 2009
Page 8-4
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 254 of 269
8.5.2.6
8.5.3
Proposed official plan amendments and proposed zoning by-law amendments which affect the same
arca will be discussed atthe same public meeting and shallbe published as one notice in
the newspaper and/or circulated together by prepaid first class mail where necessary according to
the policies of Section 8.5.1 of this Plan and the Planninq Act, as amended or revised from time to
time.
8.5.3.'1 ln the instance of site-specifìc notice shall be given in the
manner prescribed in Section 8.5.1. ln addition, property owners of the affected area and those
within 120 metres of the affected area shall be identified as shown on the last revised assessment
roll of the municipality at the addresses shown on the roll, or as indicated where the Clerk of the
Municipality has received written notice of a change of ownership and the address of the new owner,
shall receive additional notification through prepaid first class mail, to be posted not less than 14
days prior to the public meeting.
8.5.5
8.5.5.1 to Offìcial Plan Amendments, Community lmprovement Plans and Amendments, Zoning
By-laws and Amendments shall be administered pursuant to the requirements of the Planning Act
8.5.5.2 Any person or agency
may object to, or support any offìcial plan or
amendment, community improvement plan or amendment, or zoning by-law or amendment by filing
in writing with the Clerk of the Municipality, in the case of Zoning By-laws and amendments, or to the
Official Plan of the Mun¡c¡pality of Bayham
Revised 2009
Page 8-5
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 255 of 269
Minister of Municipal Affairs and Housing (or delegated authority) for matters pertaining to Official
Plans and amendments, pursuant to the Planninq Act, the reasons for the objection or support of the
plan, by-law or amendment thereto.
8.5.5.3 Any person or agency that files an objection pursuant to subsection 8.5.I.1 of this Plan with the
intention of appealing the plan, by-law, or amendment thereto, to the Ontario Municipal Board for a
hearing, shall clearly indicate such intentions within the written objection filed with the appropriate
body pursuant to this Plan and the Planninq Act, both as amended and revised from time to time.
8.6 PLANS OF SUBDIVISION
8.6.1
8.6.1.1
Policies
8.6.1.2
8.6.1.3
8.6.2
Only those plans of subdivision
which conform to the policies of this Plan and the requirements of the Planninq Act, shall be
recommended for approval to the Minister of MunicipalAffairs and Housing (or delegated authority)
by the Municipality Council.
The policies of this Plan and the requirements of the Municipality of Bayham regarding plans of
subdivision will be implemented primarily through a subdivider's agreement between the Municipality
and the subdivider, and through the application of the Zoning By-law.
The public will be given the opportunity to present their views on a proposed plan of subdivision at a
public meeting, which will be held by the Municipal Council in connection with the regular cycle of
scheduled meetings.
Public Notification Procedure
8.6.2.1 ln the instance of a proposed draft plan of subdivision, notice shall be given by publication in a
newspaper, which the Clerk of the Municipalíty considers to provide sufficient general circulation in
the affected area to give the public reasonable notice, not less than ! days prior to the public
meeting. Land owners and tenants of the affected area or within 120 metres of the affected area
shall be identifled, as shown on the last revised assessment roll of the municipality at the address
shown on the roll or as indicated where the Clerk of the Municipality has received written notice of a
change of ownership or occupancy, and shall receive additional notification through prepaid fìrst
class mail, to be posted not less than 20 days prior to the public meeting.
Official Plan of the Municipali$ of Bayham
Revised 2009
Page 8-6
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 256 of 269
8.7 CONSENTS AND THE CREATION OF NEW LOTS
8.7.1 Elqin Land Division Gommittee
8.7.1.1 The granting of consents to sever and convey land in the Municipality of Bayham shall continue to
be the responsibility of the Elgin County Land Division Committee.
8.7.1.2 Municipal Council or their delegated authority shall provide comments to the Elgin County Land
Division Committee on all applications for consent to sever and convey land in the Municipality of
Bayham.
8.7.2 Policies
8.7.2.1 A consent shall only be granted if the purpose for which the lands subject to the consent are to be
used is in conformity with this Plan and the provisions of the Zoning By-law, and, when it is clear that
a plan of subdivision need not be registered. Where a consent contravenes this Plan or the zoning
by-law, no consent shall be granted unless the Plan and/or the Zoning By-law is amended and
approved accordingly.
8.7.2.2 The policies of this Plan and the requirements of the Municipality regarding consents may be
implemented through a site plan agreement between the Municipality and the applicant pursuant to
the Planninq Act.
8.7.2.3 A consent shall only be granted for mortgage purposes where it is capable of satisfying the
appropriate and applicable policies of this Plan and the appropriate and applicable regulations of the
Zoning By-law with respect to the use to which the lands would be put if a separate lot is created.
8.7.2.4 A consent shall only be granted for the purposes of settling an estate where it is capable of
satisfying the appropriate and applicable policies of this Plan and the appropriate and applicable
regulations of the Zoning By-law with respect to the use to which the lands would be put if the estate
is settled and a new lot or lots are created.
8.7.2.5 Consents for lot adjustments, lot additions, minor boundary changes, easements and rights-of-way,
or correction of title are permitted in any land use designation, provided the severed and retained
parcels comply with the other requirements of this Plan, the Zoning By-law, and where applicable,
the consent decision shall stipulate that Subsection 3 of Section I of the Planninq Act, be applied
to any subsequent conveyance ofthe severed parcel.
8.7.2.6 ln the event a consent is granted which does not conform to the policies of this Plan, the Municipal
Council may appealthe decision to the Ontario Municipal Board.
Official Plan of the Municipality of Bayham
Revised 2009
Page 8-7
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 257 of 269
8.7 .2.7 Consents abutting or adjacent to a Provincial Highway must meet the policies and guidelines of the
Province of Ontario for access and are subject to permit approval.
8.8
8.8.1
MAINTENANCE AND OCGUPANCY STANDARDS
General
NON.CONFORMING USES
Policies
8.8.1.1 The Municipality shallendeavourto keep in a fit and well-maintained condition all municipally owned
properties and structures, and to provide or maintain in good repair such municipal services as
roads, sidewalks, water and sewerage facilities, and landfill sites.
8.8.2 Bv-law
8.8.2.1 The Municipality may pass by-laws pursuant to the Buildinq Code Act, to establish minimum
standards of maintenance and occupancy, and to conserve, sustain and protect existing and future
development. A maintenance and occupancy by-law, applicable to all property within the
municipalig, may contain requirements with respect to:
a) Garbage disposal and pest prevention;
b) Structural maintenance, safety and cleanliness of buildings;
c) Services to buildings including plumbing, heating and electricity;
d) Keeping properties free from rubbish, debris, weeds, abandoned or used vehicles,
trailers, boats, barges, mechanical equipment or material;
e) Maintaining yards, lands, parking and storage areas, fences, swimming pools,
accessory buildings, and signs;
f) Occupancy standards.
8.8.2.2 The Municipality shall appoint a Property Standards Officer who will be responsible for administering
and enforcing the Maintenance and Occupancy Standards By-law, and a Property Standards
Committee for the purpose of hearing appeals against an order of the Property Standards Officer.
8.9
8.9.1
8.9.1.1 Existing land uses which do not conform with the policies of the Official Plan or the land use
designations shown on Schedules "Al", 'B', 'C' and "D" to the Official Plan may be recognized on
specific sites as permitted uses in the Zoning By-law provided they comply with policies a, b, c, of
Official Plan of the Municipal¡ty of Bayham
Revised 2009
Page 8-8
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 258 of 269
of this Plan. ln addition, uses that conform to the policies and land use
designations of the Official Plan shall also be permitted on these sites.
8.9.1.2 \Â/here an existing use is discontinued, new uses of land on these sites that do not conform to the
policies and land use designations of the Official Plan may be permitted if they are in greater
conformity with the Plan than the previous uses. All such new uses will be subject to an appropriate
amendment to the Zoning By-law.
8.9.'1.3 Where it is not appropriate or desirable to recognize existing land uses which do not conform with
the Official Plan in the Zoning By-law, such uses shall be zoned in accordance with the designations
and policies of the Official Plan. Provided these land uses legally exist at the date of the passage of
the Zoning By-law, the land uses would be legal non-conforming uses. Any extension,
enlargements or changes in non-conforming uses will be subject to the provisions of the Planning
Act, and the policies of this Plan.
8.9.1.4 Legal non-conforming uses that have been destroyed or partially destroyed by fire, flood or other
natural disaster, may be replaced or repaired provided that written permission is received from
Municipal Councí1.
8.9.1.5 Prior to granting permission to repair or replace a non-conforming use and in order to minimize the
detrimental effects of the non-conforming use, Council may enter into an agreement with the owner
as to:
a) the size and siting of the building or structure;
b) the mitigating of any adverse environmental impacts such as odours, dust, noise,
drainage;
c) the lighting and landscaping of the site including the provision of buffer planting;
d) the provision of parking and loading facilities including the design of entrances and
exits to the site.
8.9.1.6 Council shall not be obligated to grant permission to replace or repair a non-conforming use under
any circumstances.
8.10
8.10.1
MUNICIPAL SERVICES. PUBLIC HEALTH PROGRAMS AND PUBLIC WORKS
General
8.10.1 .1 lt is intended that the construction of public works and the construction of municipal services in the
Municipality shall be carried out in accordance with the policies of this Plan.
Official Plan of the Municipality of Bayham
Revised 2009
Page 8-9
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 259 of 269
8.10.1.2 The Municipal Council may participate, from time to time, in the Community lmprovement programs
of the Province of Ontario in accordance with the policies of Section 7.0 of this Plan.
8.10.1.3 The Municipal Council may at its discretion, circulate proposed Official Plan and Zoning By-law
Amendments, and land use and development proposals to the Elgin-St. Thomas Health Unit for their
review and comments related to any potential public health significance.
8.10.2 Waste Disposal Sites
8.10.2.1 The following policies apply to development in proximity to all known active and former waste
disposal sites situated both within the Municipality of Bayham and those situated in
adjacent municipalities within 500 metres of the municipal bounda
No buildings or structures are permitted and no land uses other than agriculture
and/or buffer strip shall take place within 30 metres of the perimeter of an operating
landfill site, unless otherwise approved by the Ministry of Environment.
No buildings or structures are permitted and no land uses other than agriculture
and/or buffer strip shall take place within 30 metres of the perimeter of a non-
operating landfill site. \Mrere the Ministry of the Environment is satisfied that only
gas controls are necessary, no buildings or structures and land uses other than
agriculture and/or buffer strip shall take place within 20 metres of the perimeter of a
non-operating landfill site.
Any proposal for development within 500 metres of the perimeter of an operating
landflll site shall be accompanied by a report prepared by a qualified consultant that
evaluates the presence and impact of any adverse effects or risks to health and
safety and that proposes remedial measures to the satisfaction of the Ministry of the
Environment and the Municipality.
Lands that have been used for a landfill site cannot be developed or redeveloped
until an approval pursuant to Section 45 of the Environmental Protection Act has
been issued by the Miníster of the Environment.
8.11 PHASING OF DEVELOPMENT
The phasing and priority of development within the Municipality shall be determined by the policies contained
in this Plan, the adequacy of existing services, and the feasibility of extending existing services or constructing
new servrces.
Offìcial Plan of the Municipality of Bayham
Revised 2009
Page 8-10
a)
b)
c)
d)
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 260 of 269
8.12 ONTARIO BUILDING CODE
The Municipality shall enforce the provisions of the Ontario Building Code in order to ensure necessary
standards of construction in new development or in the extension or enlargement to existing development.
8.13 LEGISLATION PURSUANT TO THE MUNICIPAL ACT
It is intended that the Municipality shall review existing legislation pursuant to the Municipal Act governing such
uses as automobile wrecking yards, mobile or transient vendors, sanitary landfill sites, dumps, pits and
quarries, trailers, signs, storage and disposal of animal and poultry wastes, and, where necessary, amend
existing by-laws or pass new by-laws as may be required to ensure such uses are properly regulated and
controlled.
8.14 OFFICIAL PLAN REVIEW
8.14.1 General
8.14.1.1 This Plan shall undergo a comprehensive review approximately every five years following its
approval by the Minister to ensurel
hat it remains responsive to conditions and circumstances
Municioalitv of
8.14.1.2 The Plan may be amended from time to time upon due consideration of:
a)
b)
c)
d)
the need for the proposed amendment;
the effect of the proposed amendment on the matters contained within the Plan;
the effect of the proposed amendment, if site-specific in nature, on other properties
or land uses in the area(s) affected by the amendment.
the effect of the proposed amendment on the economic, social and physical base of
the Municipality.
8.14.1.3 Amendments to this Plan shall be processed in accordance with the policies of subsection 8.5 of this
Plan.
Off¡c¡al Plan of the Municipality of Bayham
Revised 2009
Page 8-1 1
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 261 of 269
8.15
8.15.1
8.15.2.1 Temporary
determined
TEMPORARY USE BY.LAWS
General
8.15.1.1 Notwithstanding the policies of the Agriculture, Hamlets, Commercial, Highway Commercial,
Residential, Open Space, lndustrial and lnstitutional designations, the Municipality may pass
"temporary use by-laws" pursuant to Section 38 of the Plannino Act, to authorize the uses as
established in Section 8.15.3 of the Official Plan for a period of time not exceeding three (3) years.
8.15.1.2 Temporary Use By-laws may be passed to allow land, buildings or structures, to be used for a
period of time that shall not exceed three years from the date of the passing of the temporary use
by-law. Council may grant further periods of time, not more than three years each, during which the
temporary use may be allowed. Upon the expiration of the time period(s) authorized by the by-law,
the uses, buildings and structures that were permifted under the by-law cannot be continued as
legally non-conforming uses, buildings and structures.
8.15.2 Permitted Uses
a)
Use By-laws may be passed for temporary periods, the length of which shall be
by Municipal Council, but not to exceed three years, to allow the establishment of:
A mobile home fortemporary residential accommodation pending the completion of a
permanent dwelling;
A mobile home or travel trailer to be used as a site office, or for accommodation for a
caretaker or watchman during a large construction project;
A land use activity on a specific parcel of land which is appropriate in the short term,
but is otherwise prohibited in the Zoning By-law.
8.15.3 Criteria
8.1 5.3.1 Municipal Council will use the following criteria in the evaluation of applications for Temporary Use
By-laws:
a) That the proposed use is temporary in nature and will not preclude the future
development of the site, nor will the use be difficult to terminate when the authorizing
by-law expires;
b) That the proposed use is not incompatible with adjacent land uses, and Council shall
consult with property owners and any other agencies or individuals who might have
b)
c)
Official Plan of the Municipality of Bayham
Revised 2009
Page 8-1 2
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 262 of 269
knowledge of when conditions might suit the development of the property, in
accordance with the Official Plan, prior to enacting a Temporary Use By-law;
That parking required by the proposed use is provided on-site; and
That the temporary use will be evaluated on the proposed servicing, and that the use
will not create or increase any servicing problems on or off the site.
8.15.3.2 Municipal Council will use the following criteria in the evaluation of applications for Temporary Use
By-laws for specific land use activities that are otherwise prohibited in the applicable zone:
c)
d)
8.16
8.16.1
a) Temporary Use By-laws shall only be enacted for uses which will not preclude the
future development of any lands for their most appropriate use, as defined by the
Offìcial Plan;
b) Council shall consult with property owners and any other agencies or individuals who
might have knowledge of when conditions might suit the development of the
property, in accordance with the Offlcial Plan, prior to enacting a Temporary Use By-
law;
c) Only uses which will not create land use conflicts or disrupt the use and development
of neighbouring properties shall be authorized by Temporary Use By-laws;
d) Notwithstanding the above policies, temporary uses that are not otherwise permitted
by the Official Plan as permanent uses, may be permitted by Temporary Use By-
laws.
USE OF HOLDING ZONES
Holdinq (hl Svmbol Policies
8.16.1.1 lt is the policy of the Municipality of Bayham to utilize Holding (h) symbols in zoning by-laws
pursuant to the provisions of the Planning Act. Properties may be zoned for their intended use and
the holding symbol "(h)" will be added after the zone symbol so as to indicate that the development
of the identified lands cannot proceed untilthe holding symbol is removed.
8.16.1.2 Holdinq (h) svmbols will qenerallv be utilized on lands intended for development in the villages and
8.16.1.3 Holding (h) symbols will not affect the existing use(s) of land provided those use(s) are carried on
without a significant period of interruption.
Off¡cial Plan of the Municipality of Bayham
Revised 2009
Page 8-1 3
Holding (h) symbols will generally be utilized on lands intended for development in the villages and
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 263 of 269
8.16.1.4 The establishment of livestock uses on lands subject to holding (h) symbols in the villages and
hamlets will be prohibited
8.16.1.5 RemovalofaHolding(h)symbolfromanylandusezonewillbeconditionaluponsatisfiingcertain
requirements of the municipality regarding the development of the land. Such conditions may
include, but not be limited to, the satisfying of certain financial and servicing requirements specifìed
in a subdivision or development agreement entered into between a developer and the municipality,
or by fulfilment of conditions of severance.
8.16.1.6 Priortoremoval ofanyHolding(h) symbol,Council shall besatisfied,thatall condttionsofany
agreement have been met by the applicant or proponent, and the policies of this Plan have been
met or fulfilled. The Holding (h) symbol shall be removed by by-law passed under Section 36 of the
Planninq Act. Notice shall be given by Councilwhen a Holding (h) symbol is to be removed by by-
law, and there can be no objection or referral to the Ontario Municipal Board. However, should
Council refuse to pass an amending by-law to remove the holding symbol (ie. if Council determines
that a development is premature or does not meet a requirement of this plan, or of a subdivision or
development agreement or a condition of severance), the applicant or proponent may appeal the
refusal of Council to the Ontario Municipal Board in accordance with the provisions of the Planning
Act.
8.16.2 Policies
8.16.2.1 lt is policy of the Municipality of Bayham to utilize "Holding Zones" pursuant to the provisions of
Section 36 of the Planning Act, in the following instances:
a) Where the use of land is established but where details of development have yet to be
determined. The details of development to be determined would, for example, be
situations where plans of subdivision or development proposals have been approved
by the Municipality conditional upon fìnancial and servicing issues being resolved.
b) \Â/here it is likely that the proposed land use will cause an adverse effect on the
environment, the council shall require expert evidence from the proponent to
demonstrate that the adverse effect can be overcome through the application of
acceptable engineering and resource management practices.
c) The undeveloped areas within the Municipality where the speciflc use of land has
been established but where other development details have been determined but not
yet resolved.
d) The Residential areas where the lot area may be less than the provisions of the
minimum provisions in the Zoning By-law and where provision of water and
Offcial Plan of the Municipality of Bayham
Revised 2009
Page 8-14
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 264 of 269
sewerage services are yet to be approved.
8.16.2.2
8.16.2.3 The application of Section 36 by-laws will be limited to situations where council is satisfied that the
detailsof developmentreferredtoinSectionS.l6.l.l arenotsouncertainorcomplexthattheypose
an insurmountable obstacle to the proponent or the Municipality to overcome.
8.16.3 lmplementation of Holdinq Zone
8.16.3.'1 The holding provisions are implemented through the Zoning By-law. Properties may be zoned for
their intended use and the holding symbol "h" will be added so as to indicate that the development of
the site cannot proceed until the holding symbol is removed. Procedures for the removal of the
holding symbol are outlined below.
8.16.3.2 The "Holding Zone" category may include provisions for interim permitted uses to be allowed on
lands to which the holding provisions apply. Such uses could include open space uses, existing use
of land and other uses which are deemed compatible with surrounding land and would not adversely
affect the future development potential of the lands.
L16.4 Removal of Holdino Zone
8.16.4.1 Removal of the "h" zoning category from the land would be conditional upon satisfying certain
requirements of the municipality regarding the development of the land. Such conditions may
ínclude, but not be limited to, the satisfying of certain financial and servicing requirements specified
in a subdivision or development agreement entered into between the land developer and the
Municipality. The agreement may specify a time limit that the "Holding Zone" can remain in effect
and may contain provisions for repeal of the "Holding Zone" by-law should the owner not proceed
expeditiously with the development of the land.
8.16.4.2 Prior to removal of any holding symbol, Council shall be satisfied, by the developer, that all
conditions of any agreement have been met or will be met or fulfilled. The holding symbol shall be
removed by by-law passed under Section 36 of the Plannino Act. Notice shall be given by Council
when a holding symbol is to be removed by by-law, and there can be no objection or referralto the
Ontario Municipal Board. However, should council refuse to pass an amending by-law to remove
the holding symbol, because the development is considered premature due to lack of demand or
failure to meet a requirement of this Plan, the applicant may appeal the decision to Ontario
Municipal Board in the normal manner.
Official Plan of the Mun¡c¡pality of Bayham
Revised 2009
Page 8-15
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 265 of 269
8.17
8.17.1
SITE PLAN CONTROL
Policies
8.17 .1 .1 The Municipality of Bayham designates the entire municipality as a site plan control area pursuant to
Section 41 of the Planning Act, except for the following exempted areas and/or uses:
a) Farm buildings and structures shall not be subject to site plan control with the
exception of farm buildings and structures that house livestock and manure;
b) The establishment of grain drying operations will be subject to site plan controlwhere
Municipal Council determines that a potential land use conflict may exist.
8.17 .1.2 Notwithstanding the generality of the foregoing, any residential buildingsor usewhich is situated, or
proposed to be situated in a Hamlet Residential (HR) Zone; an Estate Residential (ER) Zone; a
Rural Residential (RR) Zone or an Open Space Zone; or, which otherwise is permitted as an
accessory residential building or use in any zone other than an Agricultural (41) Zone shall be
subject to site plan control. The application of site plan control measures for such uses or in zones
as described herein shall however, be limited to such matters as controlling the location of access,
parking, grading and drainage.
8.17.1.3 Municipal Council may require the drawings mentíoned in paragraph 2 of subsection 41(4) in
accordance with subsection 41(5) of the Planninq Act, regardless of the number of dwelling units in
a residential building or use subject to this policy.
8.17 .1 .4 The establishment of either a mobile home park or a seasonal travel trailer park shall be subject to
site plan control, regardless of the number of dwelling units contained therein.
8.17.1.5 The Municipality of Bayham adheres to the following objectives in the use of site plan control:
a) To ensure safety and efficiency of vehicular and pedestrian traffic;
b) To minimize land use incompatibility between new and existing development;
c) To provide functional and attractive on-site facilities such as landscaping and
lighting;
d) To control the placement and provision of required services such as driveways,
parking, loading facilities and garbage collection;
e) To secure easements or grading and alterations necessary to provide for public
utilities and site drainage;
f) To ensure that development is built and maintained as approved by council.
Offìcial Plan of the Municipality of Bayham
Revised 2009
Page 8-'16
By-Law 2009-135 A By-Law to adopt the Official Plan, as
amended, of the Municipality of Bayham
Page 266 of 269
THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM
BY-LA\M 2009-136
Being a By-law to Amend By-Law 2009-059
A By-Law to Regulate and Control Dogs
WIIEREAS, on the 7^ My of May 2009 The Corporation of the Municipality of Bayham
found it desirable to enact ByJaw #2009-051 a by-law to regulate and contol dogs;
Af[D \üIIEREAS the Council of the Corporation of the Municipality of Bayham now
deems it necessary to amend ByJaw #2009-059, Appendix A;
NOW THEREFORE the Corporation of the Municipality of Bayham hereby enacts as
follows:
TIIAT ByJaw #2009-059 be amendedby substituting the following fees for Section I of
Appendix "4" of the ByJaw:
1. Licence Fees: On or Before
March 31
For first dog $27.00
For second dog $ 30.00
For third dog $ 35.00
A Kennel for Purebred Dogs $100.00
A Kennel for non-Purebred Dogs $ 20.00/dog
After
March 31
$ 47.00
$ 47.00
$ 47.00
$13s.00
$ 25.00/dog
READ A FIRST, SECOND AND TIIIRD TIME AND FINALLY PASSED THIS
3m DaY oF DECEMBER" 2oo9
MAYOR CLERI(
By-Law 2009-136 A By-Law to amend By-Law 2009-059 (to
Regulate and Contol Dogs)
Page 267 of 269
Page 268 of 269
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2009-137
A BY.LAW TO CONFIRM ALL ACTIONS OF
THE COTJNCIL OF THE CORPORATION OF
TIIE MI]NICIPALITY OF BAYHAM FOR TIIE
REGTILAR MEETTNG HELD DECEMBER 3, 2009
WIIEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25,the powers
of a municipal corporation a¡e 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 by by-law;
AND WIIEREAS the Council of the Corporation of the Municþality of Bayham deems it
advisable that the proceedings of the meeting be confirmed and adopted by bylaw.
THEREFORE THE COT]NCIL OF'THE CORPORATION OF'TIIE MTJNICIPALITY
OF BAYHAM 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 Decenrber 3,2009 is hereby adopted
and confirmed as if all proceedings were expressly embodied in this by-law.
2. TIIAT the Mayor and Clerk of the Corporation of the Municþality of Bayham are
hereby authorized and directed to do all things necessary to give eflect to the action of the
Council including executing all documents and affrxing the Corporate Seal.
READ A FIRST, SECOND AND THIRD TIME and finally passed this 3'd day of
December 2009.
, MAYOR CLERI(
By-Law 2009-137 A By-Law to confirm all actions of Council Page 269 of 269