HomeMy WebLinkAboutPort Burwell By-Laws 1982 Port Burwell
B Laws
Y
4.
. .
441k
By-Laws
# 37583 - 18
1982- 1983
R
• . oI
•
THE CO'tPORATION OF
THE VILLAGE OF PORT BUR,TELL
I3I' LAW # 335
Being a By—Law to establish a Penalty Charge
for non—payment of current taxes.
WHEREAS under the provisions of THE MUNICIPAL INTEREST AND DISCOUNT
RATES ACT, 1981,' a municipality may impose penalties oh overdue taxes
levied in 1981.
AND WHEREAS Council deems expedient to impose a charge on overdue
taxes.
NOW THEREFORE the Council of the Corporation of the Village of Port
Burwell ENACTS:
1. That overdue taxes are those taxes that have been levied in 1981 and
have not been paid on or before the day payment is due.
2. That the prime rate of interest of the Canadian Imperial Bank of Commerce,
on this at* day of Janaury, 1982 is W,. %;
3. That the penalty charge to be imposed on overdue taxes shall be at the rate
of I8 % per annum. (Note that the maximum rate that can be imposed in
this clause is the rate in section 2 plus 1% per annum.)
4. That the percentage charge as a penalty for non—payment of taxes shall be
imposed on the first day of each calendar month thereafter in which default
continues, but not after December 31, 1981;
5. That notwithstanding that the municipality has caused notices to be given
in accordance with Section 303 and 521 or 521(a) of The Municipal Act,
the clerk shall give notice of this By—Law in accordance with subsection
6 of Section 527 of The Municipal Act;
6. That at any time within fourteen days after notice has been mailed,
delivered or caused to be delivered to the person taxed at his residence or
place of business or upon the premises in respect of which the 1981
taxes are payable in accordance with section 5 of this By—Law, any
person may pay his 1981 taxes overdue without an additional penalty
charge as imposed by this by—law;
7. That the penalty charge imposed by this By—Law shall take effect after
fourteen days from the day of giving notice in accordance with sections
5 and 6 of this By—Law;
8. That any peanity for non—payment of taxes authorized under Section 527
of The Municpal Act shall cease to have effect on the day the penalty
charge imposed by this By—law takes effect.
READ a first, second and third
time and finally passed this
day of January, 1982.
1/4
CLERK ' //
• 61
THE CORPORATION OF
THE VILLAGE CF PORT 3U:jELL
£3Y LAW # 3 (c •
Being a By—Law to provide for interest
to be added to tax arrears.
WHEREAS under,the provisions of THE MUNICIPAL INTEREST AND DISCOUNT RATES ACT,
1981, a municipality may charge interest on tax arrears."
AND WHEREAS Council deems it expedient to impose an interest charge on tax
arrears.
NOW THEREFORE the Council of the Corporation of the Village of Port Burwell
ENACTS:
(1) that tax arrears are taxes that are due and unpaid after December 31st of the
year in which they were levied;
(2) that the prime rate of interest of the Canadian Imperial Bank of Commerce
on this -9 Y iay of January, 1982 is 14, c%;
(3) that the interest to be charged on unpaid tax arrears shall be at the rate
of !t % per annum. (Note that the maximum rate that can be imposed in this
clause is the rate in paragraph 2, plus 1 per annum.)
(4) that the Treasurer shall add to the amount of all tax arrears due and unpaid,
interest at the rate of 1 % per month for each month or fraction thereof
from the day of the passing of this by—law until the earlier of:
(a) the day a by—law in respect of interest payable on tax arrears comes
into force in the next following year;
— OR —
(b) the 31st day of March in the next following year;
(5) that no interest added to taxes shall be compounded;
(6) that this by—law shall take effect on the day of the passing thereof.
READ a first, second and third
time and finally passed this
day of January, 1982. j
1111 i '.-
__,. .
........
-- dl'' ._, „,... ,
,..,
THE CaiPCRATIO:; 0:��\ THE VILLAGE OF PORT BWELL
dip13YLAW il 377
( A By Law to authorize the execution of
an agreement with Underwater Gas Developers
Limited for the sub—lease of certain harbour
lands. )
WHEREAS the Corporation of the Village of Port Burwell on !(-4 A PIZIL ,1(1814
agreed to sub—lease certain harbour lands to Underwater Gas Developers;
NOW THEREFORE the Council of the Corporation of the Village of Port Burwell
ENACTS AS FOLLOWS:
1. THAT the Corporation of the Village of Port Burwell enter into
and execute an agreement with Underwater Gas Developers Limited
for the sub—lease of certain harbour lands, the said agreement
being schedule "A" attached to this By Law.
2. THAT the Reeve and Clerk are hereby authorized and directed to
execute the said agreement in the form hereto attached as Schedule
IA
Read a first and second time this /0? day of t2p ._J , 1982
Read a third time and finally passed this J2#day of /)P-A-�' , 1982, A.D.
:•1 , JACK
• ,;=t.1_ 'i;3: fir'
/CLERK4 M.E. SMYTH I
> \ A
THIS INDENTURE made in triplicate this day of March, 1982
IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT.
BETWEEN:
THE VILLAGE OF PORT BURWELL, In the Province of
Ontario
HEREINAFTER called the "SUB LESSOR"
OF THE FIRST PART
- and -
UNDERWATER GAS DEVELOPERS LIMITED, a Company
carrying on business in the Province of Ontario
and having its head office in the City of Toronto
HEREINAFTER called the "SUB LESSEE"
OF THE SECOND PART
WHEREAS by Lease dated the 5th day of February, 1981, (hereinafter
referred to as "The Head Lease") Her Majesty The Queen represented by
The Minister of Fisheries and Oceans (hereinafter referred to as"The
Lessor"), did lease inter alia certain lands and premises described in
Schedule "A" attached thereto to the Village of Port Burwell for a term
of five years to be computed from the 1st day of January, 1981, and to
expire on the 31st day of December, 1985.
AND WHEREAS the Village of Port Burwell by Regular Council
Meeting on day of agreed to sub-lease to Underwater
Gas Developer Limited the lands as described in Schedule "A" (hereinafter
referred to as "The Said Lands"), attached hereto.
AND WHEREAS the Sub Lessor and Sub Lessee have agreed to enter
into sub-lease agreement (hereinafter referred to as "The Said Lease")
subject to the terms and conditions of The Head Lease.
WITNESSETH that the Sub Lessor in consideration of the rents,
convenants, provisos and conditions hereinafter contained DOTH demise
and lease unto the Sub Lessee, ALL AND SINGULAR that certain parcel or
tract of land, situate, lying and being on the east side of Chatham
Street in the Village of Port Burwell in the County of Elgin, and more
particularly described as Part of the unsubdivided part of Lot 11, Concession
1, and part of the accreted land being the bed of Lake Erie as shown
outlined in red on the Plan annexed hereto as Schedule "A".
TO HAVE AND TO HOLD the said demised premises for and during
the term of seven months and 16 days to be computed from the 15th day of
March 1982 and to be fully completed and ended on the 31st October,
1982.
- 2• -
Yielding and Paying therefor during the currency of this
lease, unto the Sub Lessor in lawful money of Canada, the following rent
or sum namely:
1. One thousand, three hundred and fifty dollars ($1,350.00) payable on
the 15th day of April, 1982, together with an administration fee of two
hundred dollars ($200.00).
IN THIS AGREEMENT
( i) "Minister" means the Minister of Fisheries and Oceans and any
person he has delegated to act on his behalf.
( ii) "Director" means the Regional Director of The Department of
Fisheries and Oceans and any person he has delegated to act on his
behalf.
It is agreed by and between the said parties hereto that these
Presents are made and executed upon and subject to the covenants, provisoes,
conditions and reservations hereinafter set forth and contained, namely:
1. That notwithstanding anything in this Lease contained, the Sub
Lessee shall carry out assembly and construction of pipes and equipment
relating to the sub lessee's business, parking facilities and related
operations, provided at all times the operations comply with the Fishing
and Recreational Harbours Act and Regulations, or any other applicable
act or regulations enacted or made during the currency of this Lease.
2. That the Sub Lessee will pay all rental herein reserved at the time
and in the manner in these Presents set forth, without any abatement or
deduction whatever.
3. That the Sub Lessee will pay or cause to be paid all rates, taxes
and assessments, of whatsoever description, that may at any time during
the existence of these Presents be imposed, or become due and payable,
upon, or in respect of the said lands and the said facilities.
4. The Sub Lessee shall in all respects abide by and comply with all rules,
4111 regulations and by-laws of municipalities and other governing bodies, in
any manner affecting the said lands and the said facilities.
•
- 3 - ,
5. That the Sub Lessee shall not make any assignment of these Presents,
nor any transfer or sub-lease of any of the lands, rights or privileges
•emised or leased hereunder, without obtaining the prior consent in
iting of the Director and the Sub-Lessor to such assignment, transfer (I
•r sub-lease. •
IPThat no concession of a;ly kind shall be granted by the Sub Lessee
ithout the prior approval of the Director and the Sub-Lessor.
7. That the Sub Lessee shall not, during the currency of this Lease, do
.uffer or permit to be done any act or thing which may impair, damage or
•njure the said lands and the said facilities beyond the damage occasioned
•y reasonable use, and shall, at the Sub Lessee's own cost and expense,
aintain and repair all portions of the said lands and the said facilities i
hich may at any time be damaged, other than in the reasonable use
hereof, the Minister to be the sole judge of the meaning of the words
'reasonable use".
That any improvements made to the said lands and the said facilities
•y the Sub Lessee at any time during the term of this lease, to make the
-aid lands and the said facilities suitable for the purposes referred to
•n Clause No. 1 hereof, shall be at the risk, cost and expense of the
.ub Lessee, all to the satisfaction of the Director.
!. That the Sub Lessee shall not, at any time during the currency of
his Lease, do, cause or permit to be done, any act or thing in or upon
he said lands and the said facilities which shall or may be, or might
•ecome, an annoyance, nuisance or disturbance to the occupiers of any
ands or premises adjoining or in the vicinity of the said lands and the
-aid facilities and of which matters the Minister shall be the sole
iudge and his decision thereon binding on the Lessee.
0. That the Sub Lessee shall not have any claim or demand against the
essor or Sub Lessor for loss, damage or injury of any nature whatsoever,
•r howsoever caused to the said lands and the said facilities or to any
•erson or property, at any time brought, placed, made or being on the
aid lands and the said facilities, unless such damage or injury is due
o the negligence of the Sub Lessor, its Contractors, Servants or
'gents or of any officer or servant of Her Majesty the Queen in Right of
.nada while acting within the scope of their duties or employment. {
1. That the Sub Lessee shall at all times indemnify and save harmless
he Lessor or Sub Lessor from and against all claims and demands, loss, f�
osts, damages, actions, suits or other proceedings by whomsoever made,
- 4 -
brought or prosecuted, in any manner based upon, occasioned by or attributable
to the execution of these Presents, or any action taken or things done
or maintained by virtue hereof, or the exercise in any manner or rights
arising hereunder, except claims for damage resulting from the negligence
of the Sub Lessor its Contractors, Servants or Agents or of any officer
or servant of Her Majesty the Queen in Right of Canada, while acting
within the scope of their duties or employment.
tl
12. That this lease may be terminated at any time;
(a) By the Sub Lessee upon sixty days' notice in writing, such
notice to be signed by the Sub Lessee and delivered to or
mailed to the Director, Small Craft Harbours Branch,
3050 Harvester Road, Burlington, Ontario, and the Corportation
of The Village of Port Burwell , Port Burwell Ontario, or
(b) By The Lessor or Sub Lessor upon sixty days' notice in iI
writing, signed by or on behalf of the Minister or the Village II
of Port Burwell and either delivered to the Sub Lessee, or any
officer of the Sub Lessee, or mailed to the last known place of
business or office of the Sub Lessee,
and thereupon, after the expiration of such period of notification,
these Presents shall be determined and
ended, and the Sub Lessee shall thereupon, and also in the event of the determinat
any other manner, except re-entry under Clause No. 13 hereof, forthwith
remove from the said lands and the said facilities all things at any
time brought or placed thereon by the Sub Lessee and shall also to the
satisfaction of the Director repair all and every damage and injury
occasioned to the said lands and the said facilities by reason of such
removal or in the performance thereof, but the Sub Lessee shall not, by
reason of any action taken or things performed or required under this
Clause be entitled to any compensation whatever, provided that, unless
required by the Director, no goods, chattels, materials, effects or
things shall be removed from the lands and premises of the Lessor until
all rent due or to become due under this Lease is fully paid.
4111 13. That, nowithstanding anything in this Lease contained if the rent
above reserved, or any part thereof, shall be in arrears or unpaid, 1
111
whether or not the same shall have been in any manner demanded or in
case of default, breach or non-observance be made or suffered by the Sub
iI
ii
- 5 -
II�
Lessee at any time or times, in, or in respect or any of the covenants, I :
provisoes, conditions, and reservations herein contained, which on the
part of the Sub Lessee ought to be observed or performed, then, and in
every such case, provided such nonpayment of rent, default, breach or
non-observance is not cured within fifteen days from the date of notice
thereof, in writing from the Lessor or Sub Lessor to the Sub Lessee, the
Lessor or Sub Lessor may terminate this Lease by giving to the Sub
Lessee a notice in writing and either delivered to the Sub Lessee or any
officer of the Sub Lessee, or mailed to the last known place of business
or office of the Sub Lessee, and thereupon after the delivery or mailing
of such written notification, this Lease shall be determined and ended,
and in that event, it shall be lawful for the Lessor, or Sub Lessor Her
Servants or Agents, to re-enter and thereafter to have, possess and
enjoy the said lands and the said facilities and all improvements thereon.
And no acceptance of rent subsequent to any breach
or default, other than non-payment of rent, nor any condoning,
excusing or overlooking by the Lessor on previous occasions
of breaches or defaults similar to that for which re-entry
is made, shall be taken to operate as a waiver of this condition
nor in any way to defeat or affect the rights of the Lessor
(
or Sub Lessor hereunder.
14. That the Sub Lessee shall not discharge, or cause or permit to be
discharged or howsoever to get into the waters of the said lands, any
deleterious material, noxious, contaminated or poisonous substances,
including oil, petroleum and petroleum products, all as determined by
the Director whose decision shall be final , and if at any time and from ;(
time to time during the term of this Lease or any renewal thereof, any 11
pollution is caused to waters of the said lands by reason or as a result '{
of the operations of the Sub Lessee or assignees of the Sub Lessee, as
to all of which the Director shall be the sole judge, and his decision �(
shall be final, the Sub Lessee shall forthwith upon receipt of a notice
4111 in writing from the Director undertake, prosecute without interruption
and complete the work of removal of such pollution material from the (�
said waters, at the cost and expense of the Sub Lessee and to the satisfaction II
of the Director, and in case the Sub Lessee fails to carry out its
obligations under this clause to remove such pollution material from the
- 6 -
said water, the Director may cause such work to be undertaken, prosecuted
• and completed, all at the cost of the Sub Lessee, and the Sub Lessee
shall , forthwith upon demand therefor, reimburse the Lessor for all cost
and expense incurred by the Lessor or Sub Lessor in the performance of
such work and all other costs and expenses connected therewith or incidental
thereto, all such costs and expenses shall constitute a debt payable by
the Sub Lessee to the Lessor.
15. That the Sub)Lessee shall fulfill in all respects the requirements �I
of Part 1 of the Navigable Waters' Protection Act, Chapter N-19 of the
Revised Statutes of Canada 1970.
16. That the Sub Lessee shall at all times during. the currency of this
Lease, keep the said facilities in a sanitary and reasonably clean
condition, in all respects to the entire satisfaction of the Director
and at the sole cost and expense of the Sub Lessee.
17. That the books of the Sub Lessee concerning the operations and
management of the said land shall be open for audit inspection by
the desiganted officers of the Lessor at any time during the business
hours of the Sub Lessee.
18. The sub Lessee will consider all Leases or Licences entered into
pursuant to section 21 of the Head Lease and will not reasonably
withhold its' consent thereto, in like manner as the Sub Lessor is
required to act under the said section 21.
19. The Sub Lessee acknowledges having read the Head Lease herein
and agrees to be bound by all the terms and conditions thereof
applicable to the Sub-Lease.
IN WITNESS WHEREOF the parties hereto have executed these
Presents the day and year first above written.
SIGNED, SEALED AND DELIVERED BY THE Lessee:
THE VILLAGE OF PORT BURWELL
Sub Lessor Reeve
• y „ , 777z�
Sub Lesso( g' Clec-Treasurer iI
UNDERWATER GAS DEVELOPERS LIMITED
Sub Lessee Vice-President
Sub Lessee Secretary
• 11Ire.e A (41" 9 AREA OF LANDS TO ASED
BY UNDERWATER GA LOPERS LMITED OVER
PORT BURWELL HAR R LANDS.
scar" : r = 00'
4
C.A.SEXTON O.L.S. 1975.
r
8
LAKE ERIE
-SE:.Mill Aa I
.2 12.• 311'2{ f I//([/��/��...
1
uo3•f3";
+
Se�rAffIA
9!; s�c. s \ / F
3' r;0 /' n . SA /
/ s‘
\311'I uo V
1 p 1 .. M. 2MIf I , A
•
• y C2 1 �MOf•f_ IOP•f� 1
2942�San. .. I I "�� �T07AL AREA:200504 F1.
A C t a E T E D / L A M D
■t NOfi. J.�, .t1 1101•lf'H•• •st I
/
31ST s I
a- NA IN 13332 C MST N. 24970t132 W 11110 O C
C.13332 E
If
DEP PLAN 606 yy — — I /
16T. f.. Rom FN MTIb 21911 I $ y —_
ATHA�I / STREET. as ,
t THE CONSUMERS.GAS COMPANY
I i �' n 4 a -((JJ4�_
I~�' 5"541
T
•
+rS � fat isL.daf4 �w w >` { '`
fC.A.SEXTON ONTARIO LAN 'SURVEY
t '', a • 9 - : - - Q CUM ADIEU-111011•11A,11111.10. SP-VX
•....it ._ .fid{, '.-'..V
4 11.11 :1=211111&
,'. `
r
PLAN YATE11IAL$ /K"1
"
1111!If ANrAf/O111fD
UNOtATNf arson,.act
PLAN/%R
FL,)TK WT I.IAL•AAAAA
savc6 • 0 00) INCH NICt.vfD AND efrornte"
INF • $KCIAI-T-
I
0A/t0 - --- 04110
_.1 ,..'.•';
i�
011:1.1-:i:670:
S7I11:1:7
+•MNK N V df•ltt t-. AINIfAW two rot stammer
11i •`•� ONTI•lO LAAO lU1vt TON •mf•M✓flail I'PA 2I I
PLAN OF SURVEY ,. •::
I - - OF PART OF • �+ 1
4 X`
R LOT II — CONCESSION I •-- 1
•
I w_ FORMERLY IN THE :id Ya
TOWNSHIP OF BAYHAM *r ;,. ? T
NOW IN THEig '
VILLAGE OF PORT BUR.
v, IN THE.
t. -a "` ,
COUNTY OF ELGIN
SCALE I " • 100' `, rr•.
1979
/ JEWITT, O.L
,
I- A.
H.V. O.L.S.
Y1 CAUTION TN11 PLAN IS NOT A PLAN OP IUSOIv1119N TMNI 711[
_ a I —411 MEANING 0, Mit PLANNIND AM r
1 40111117 CIN/NT 124,1•
N = INST NO- 24170 .` f
a' \ 1 T,N1 1UN V[T AMO RAN AM CONPICT ANO IN ACCONOAMI
43 I- 111411 TK WNv(Tf ACT ANO TM[11[W1T11T ACT AMD 711[
I a •f 1 I w MIONUTI0Nf YADt TM[N[UNOtN.
M11T N
E ,' I \l', —�\ 2 [Trot 1U11vn.A[CONn[TCO ON Mt 17 TN OAT Or
w r••.•rC, \ 1 ArA II• If T.
I _N 4•4141-4—MIT•h10 N 1 14441 1 402 I) 1rT 1\'`1\
• I \ 1—J
�— )I).2• D.i(D NAY 21.117/
\ "70 \\ '-,
w \\ ,1/. li�r"V.'1' .
n . ll `\ 1
nY;
I-I
/PART /J \• • J 0
N ' \ `
A- 4•r
• o r,; I: ; :c7r \
• ��
.' I t { '`1r
15' •S e•S S'10-• •r IAN I 494')4 te r '\ -0
IV. ••%
g %\\ m• ar ,,.
.. N
511 •.9 I; 1 4' '- ".
.3 L -alit.I. . 1r. : 1 N s i. 1 : !
A IN• *t_.-�� I
• e
�__jl I
., p
.` 1 NNT•O)4O•[ Ii
..1 1.• r • T
,:r
1- ' N ; I .
o ,
I
fX _ II
.-
D ...4-:
'' •
{4.C
4:4�+ A
.4 ti h•,.
1 • Ni ,y i
+wc I.V S "" • t -
S .14 II11r: •
C
LEGEND
NH`V 1 ! ; ',
:•. _
summits MON SANS I II-{NI•sNo.N 4 t� w �.:
Si MPS 1NOwN NINON AA(AITNOMO•[ ANO 0 TO TK
0[to was slow* ---- OIIiARIO: ';, r i h'"''Olt
1A91[AL1 111117 01 CNA7•YY , II1N9 N00•t.lo[ I I.•F2 DIN01[1 LANDS AND 5011110
.cC0110•.11 TO A PLAN ST TIC F(DINAL D(PANT PINT OF TNANOPONT, ID O[NOT[I FOUND 90 KENT•3TRE I-OOTN,
0AT(0 MT I, 11144 AND S(ANIN1 TN( NA. T 0134. I.
SIMCOE D :1_11 ONTARIO. .
',mac 1•si1•"� �4•t.Y
PART SCHEDULE 1 ,.;„'W
} DATED j
Q` s � Mite
aV L?} .- " '; • ;t v, s , -',•. .-,....,%;i:-:. e'.. '�. .lt^ s
,� r :; THE VILLAGE OF PORT'BURWEL • •- `
A r ''y u „ 1 s t
•
TO
UNDERWATER GAS DEVELOPERS LIMITED
Address: C/O Land Department
P.O. Box 650 <.
Scarborough, Ontario
M1K 5E3
PROPERTY LEASE
i
i
File L-12299
THE CORPORATION OP
THE VILLAGE OF PORT BUR WELL
111
BY LAI/ # S'
( To prohibit the discharge of firearms)
WHEREAS the Municipal Act, R.S.O. 1980, Chapter 175, Section
354(1) (30) authorized the municipality to regulate the use of
firearms.
THEREFORE, the Council of the Corporation of the Village of
Port Burwell enacts as follows:
THAT no person shall discharge any gun, or other firearm,
airgun or spring gun within the Village of Port Burwell.
THAT notwithstanding the above, any police officer, constable,
By-Law Enforcement Officer, Animal Control Officer or any other
person designated by Council may discharge any gun in the performance
of his duty or where a danger to public health or safety exists
or is apprehended.
THAT every person convicted of a breach of the provisions of
this by law shall forfeit and pay at the discretion of the convicting
magistrate, a sum not exceeding $1,000.00 for each such offence,
exclusive of costs.
THAT any by-law not in accord with this by-law be and is hereby
repealed, and that by-law no. 262 is hereby rescinded.
READ a first, a second and a third time and finally passed and
carried this /� 7'4 day of -i , 1982.
//te
ack Smyth, REEVE
Ma 'E. Smyth, CLERK
rY � t
411/11
r •
•
THE CORPORATION OP
41:11r I
THE VILLAGE OF PORT BURWELL
1110
BY LAW # . 7 7
To dismiss a By—Law Enforcement Officer
and Dog Licensing Officer
WHEREAS the Council of the Corporation of the Village
of Port Burwell enacts as follows
THAT Delphine Hayward is hereby dismissed as By—Law
Enforcement Officer and Dog Licensing Officer for the
Village of Port Burwell.
THAT this By—Law shall remain in effect from year to
year unless repealed or otherwise amended by Council.
Read a third time and finally passed this /o Yi,day of /)/R y ,
1982, A.D.
/ack Smyth, Rt
Mary e. Smyth, CLERK
I
THE CO:ZPCRATION 01'
,-)-
1 THE VILLAGE 01? PORT BUR ELL
1110 BY LAW ;i 3 o
WHEREAS the Corporation of the Village of Port
Burwell on August 28, 1980, entered into an agreement with Her
Majesty the Queen in Right of Ontario as represented by the
Minister of the Environment (herewith referred to as the"Crown")
for the provision of sewage service to the Municipality and
pursuant thereto the Crown has engaged a Consulting Engineer
to complete the detailed final design; and is in a position to
tender Contracts for the construction of the sewage works
system to provide sewage service thereby;
AND WHEREAS it now appears that the cost of construct-
ing, financing and operating the sewage works for the purposes
of the prior agreement dated August 28, 1980, will be greater
than originally anticipated and the Municipality wishes the
rate for sewage service for the initial period to be adjusted
accordingly;
AND WHEREAS it is deemed desirable to record fuch
change in the rate for sewage service and the Village of Port
Burwell desires to execute an agreement with the Crown in order
to amend the prior agreement dated August 28 , 1980 in this
regard;
BE IT THEREFORE ENACTED by the Council of the
Corporation of the Village of Port Burwell as follows :
1. That the Corporation enter into and execute an agree-
ment with Her Majesty the Queen in Right of Ontario
as represented by the Minister of the Environment
for the provision of Sewage Service in accordance
with the Schedule attached to this By-law.
1
2. The Reeve and Clerk are hereby authorized and
directed to execute, subject only to the approval
of the Ontario Municipal Board, an agreement
substantially the same as attached hereto as a
Schedule "A".
3. This By-law is subject to the approval of the
Ontario Municipal Board.
READ A FIRST AND SECOND TIME on the 1 If day of GMQ . 1982.
READ A THIRD TIME and finally passed on the 14 ay of LjoA e
, 1982.
•
keev
Clerk
SCHEDULE TO BY-LAW NO. 3E5O OF THE CORPORATION
1110 OF THE VILLAGE OF PORT BURWELL
THIS AGREEMENT, made in triplicate this day
of A.D. , 1982
BETWEEN:
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
(hereinafter called the" Municipality")
I THE PARTY OF THE FIRST PART
- and -
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS
REPRESENTED BY THE MINISTER OF THE ENVIRONMENT
(hereinafter called the "Crown")
THE PARTYOF THE SECOND PART
WHEREAS the parties entered into an agreement (herein
referred to as the "Prior Agreement") for the provision of
sewage service by the Crown to the Village of Port Burwell
dated the 28th day of August 1980; and
WHEREAS it now appears that the costs of financing
and operating the Sewage Works for the purposes of the
Prior Agreement will be higher than originally anticipated;
and I
WHEREAS the parties deem it desirable to amend the
Prior Agreement to increase the rate charged under the
Prior Agreement;
WHEREAS the Coyyncil of the Village of Port Burwell
on the 114- day of cauv,e. , A.D. , 1982 passed By-Law
No. 3c0 authorizing the Municipality to enter into
an agreement with the Crown for such purpose upon the terms
and conditions hereinafter set out ; and
WHEREAS the Ontario Municipal Board has by Order
dated the day of , A. D. , 198 , approved the entering
into by the Municipality of this agreement ;
NOW THEREFORE THIS AGREEMENT WITNESSETH that under
sub-section (2) of Section 7 and Section 8 of The Ontario
Water Resources Act R. S.O. 1980, the parties hereto, in
consideration of the covenants, terms and conditions here-
inafter set forth, covenant and agree with each other as
follows :
• 1 . Sub-paragraph (e) of Section 12 of the Prior Agreement
is amended by changing the rate for sewage service
from "183. 3 cents" to 308.4 cents" per thousand
Imperial gallons.
2. This agreement is subject tothe provisions as they
may be amended from time to time of The Ontario
Water Resources Act and the regulations thereunder .
•
This is the last and signing page of an Agreement between
the Crown and the Village of Port Burwell.
IN WITNESS WHEREOF the parties
hereto have caused this agreement to be
executed under seal .
THE CORPORATION OF THE VILLAGE
OF PORT BURWELL
per:-
Reeve
per :
Clerk
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO AS REPRESENTED BY THE
MINISTER OF THE ENVIRONMENT
per:
Minister
1111
•
Bz
•
THE CONPORATION OF
THE VILLAGE OF PORT BUR,:.;LL. •
hE�v �c A
11111 BY LAW # 3 v I
BEING A BY-LAW WITH RESPECT TO A SEWAGE RATE UNDER
SECTIONS 18 AND 56(5) OF THE ONTARIO WATER RESOURCES ACT,
RSO 1970. .
WHEREAS the Corporation of the Village of Port
Burwell subsequent to receiving approval from the Ontario
Municipal Board on June 17, 1980, entered into an agreement
with Her Majesty the Queen in right of Ontario as
represented by the Minister of the Environment , dated
August 28, 1980, for the supplying of sewage service to
the Municipality and pursuant thereto the Crown has
engaged a consulting engineer to complete the detailed
final design of the sewage works;
AND WHEREAS the Council of the Corporation of the
Village of Port Burwell on March 28, 1978, passed By-Law
No. 312 which imposes a sewage rate on all users of the
sewage system expressed as an annual surcharge on the
domestic and non-domestic water billings ;
AND WHEREAS the water rates have subsequently
been increased;
AND WHEREAS the cost of construction and the cost
of financing the proposed sewage works at the current
interest rate is greater than originally anticipated;
AND WHEREAS the annual cost of operating the sewage
works is higher than originally anticipated;
AND WHEREAS it is deemed to be expedient and in
the public interest by the Council of the Corporatidn of
the Village of Port Burwell that said By-law No. 312 be
rescinded and a revised sewage rate be imposed against
each user of the system provided with sewage service ;
NOW THEREFORE the Council of the Corporation of the
Village of Port Burwell ENACTS AS FOLLOWS :
1. A sewage rate is hereby imposed upon the owners or
occupants of lands which are supplied with sewage
► service as a consequence of the entering into of
the above-mentioned agreement by the Corporation of
the Village of Port Burwell .
2. The sewage rate shall be imposed in each year
commencing in the year 1983 and shall be a foot
frontage rate of $ divided by the frontage
on the lands designated in paragraph 1 hereof,
provided that in the case of such lands which also
are connected to water works owned and operated
by the Corporation of the Village of Port Burwell
or by the Ministry of the Environment , the sewage
rate hereby imposed shall be a charge on the water
bill charged or chargeable in respect of such
lands and shall be computed as ° , centum ( ")
of the annual water rates or charges charged or
chargeable in respect of such lands where such
lands are used for other than commercial and industrial
purposes and cent N<tik/.t'cI ;;i ./. , 1„ /;,•1i ,
- 2 -
per centum ( IG-4%) of the annual water rates or
charges charged or chargeable in respect of such
lands where such lands are used for commercial or
industrial purposes .
3. (a) A reduction in the case of corner lots at the junction
or intersection of streets of 100% of the flankage
and a reduction or increase in the case of
triangular or irregularly-shaped lots may be made
in the foot frontage rate that otherwise would be
chargeable thereon, sufficient , having regard to
the situation, value and superficial area of such
lots as Compared with other lots , to adjust its
frontage charge on a fair and equitable basis .
(b) Where a lot is for any reason wholly or in part
unfit for building purposes , a reduction may also be
made in the foot frontage rate that otherwise
would be chargeable thereon sufficient to adjust
its frontage charge as compared with that of lots
fit for building purposes on a fair and equitable
basis.
I
(c) 1 Where a lot, other than a corner lot, has two
limits that abut on streets and the size and nature
of the lot is such that any or all of the works in
such streets are not required, a reduction in
respect of the works that are not required, so
long as they are not required, may also be made
in the foot frontage rate that would otherwise
be chargeable thereon, sufficient to adjust its
frontage charge on a fair and equitable basis .
(d) In the case of lots that because of the nature of
the terrain or the elevation of the sewer, do not
derive the same benefit as other lands abutting on
the sewer, a reduction may be made in the foot
frontage rate which otherwise would be chargeable
thereon, sufficient having regard to the benefit
derived as compared with other lots, to adjust the
foot frontage rate on a fair and equitable basis .
(e) The reduction shall be made by deducting from the
total frontage of the lot liable to the annual
foot frontage rate so much thereof as is sufficient
to make the proper reduction, but the whole of the
lot shall be charged with the annual foot frontage
charge as so reduced.
4. By-law No. 312 passed on March 28, 1978, is hereby
rescinded.
5. This By-law is subject to the approval of the
Ontario Municipal Board.
I
• By-law No. .3R1
- 3
READ A FIRST AND SECOND TIME on the st
A.D. 1982. day of ClLikc
READ A THIRD TIMk AND FINALLY PASSED on the / 5f day
of G) t_ A.D. 1982.
Reev
Cler
FL-OB
THE CORPORATION OF
THE VILLAGE OF FORTBIJRWELL
BY—LAW # 3 (1 ,
A By — Law with respect to the calculations
of 1982 taxes and collections of same
10 COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BI)RWELL ENACTS AS
ROWS:
THAT THE 1982 mill rates be establi5ied as follows:
Public Separate
Residential Commercial Residential Commercial
Village 80.314 94.487 80.314 94.487
County 17.807 20.949 17.807 20.949
Public School 55.129 644.857
Separate School 55.448 65.233
Secondary School 41.811 49.189 41.811 49.189
TOTALS 195.061 229.482 195.380 229.858
THAT the instalment due dates be August, October and November.
THAT the penalty applied to late payments be establi5ned ail % day after due date
plus i% per month after the first day of each month.
THAT no discounts will be awarded for early payments.
THAT this By—Law repeals and supercedes all other by—laws that are not consistent
with the provisions of this By—Law.
READ A FIRST TIME,
READ A SECOND TIME,
READ A THIRD TIME, FINALLY PASSED AND CARRIED THIS /;';i 4 DAY OF:/e,44/ 1982, A.D.
•
td1L4f4
JA SMYTH, REEVE
..‘.4•&12 '(/44kidi
CLERK (Secke_T '
,y.
` THE CORPORATION 01?
THE VILLAGE OF PORT BUR JELL
BY LAW # .3SJ
(Procudural By Law for Meetings and establishing
Standing Committees)
WHEREAS Section 42 of tha Municipal Act, allows a Council to make regulations
governing the proceedings of the council, the conduct of its members, and
the calling of meetings:
THEREFORE, the Council of the Corporation of the Village of Port Burwell enacts
as follows:
1. The first meeting of the Council of the Village of Port Burwell shall be
held the first Monday of December of the years for which the Council has
been elected, at the hour of 7:30 P.M.
2. That all other regular meetings of Council shall be held on the second
Monday of each month at the hour of 7:30 P.M.
3. That in case of either of the above days falls upon a legal or a Municipal
Holiday, then such meeting shall be held on the following Wednesday, at the
hour of 7:30 P.M.
4. That all regular meetings of the Council shall be held in the Municipal Office,
on Erieus Street.
5. Special meetings of the Council may be called at any time by the clerk, on
instructions from the Reeve or on the request of any three members of Council.
The Clerk shall give members 24 hours advance notice of such special meetings
either verbally, by telephone, or written notice by mail. Such special meetings
shall be held in the municipal office unless otherwise specified in the notice.
6. No business shall be transacted at a special meeting other than that for which
such meeting was called as specified in the notice, unless all members of the Counci:
are present and consenting.
7. The Reeve shall preside at all meetings of the Council. If the Reeve is absent
the Council shall, from among the members present, appoint a presiding
officer. In such cases the presiding officer appointed shall have all the powers
of the Head of Council.
8. That delegationsVto council✓ 'present an agenda a week before the meeting for
councils review.
9. That all regular meetings of the Council shall have the following order of business,
which may be changed at any meeting on a majority vote of the members present:
a. Reading of Minutes
b. Business arising out of the minutes
(411
c. Hearing deputations and receiving petitions
d. Reading and considering communications
e. Passing Accounts
f. Re its of Officers and Committees
1) Finance
2) Licences, Building and Health
3) Roads
.../2
•
— 2 — BY LAW
(4) Fire and Police
5 Personnel and Property
6 Parks and Recreation
7 Development
8 By Law Enforcement, Animal Control, Building Inspector
0 ?1a•,,.N ;: ar-d Coe c,‘T-TEE
g. Unfinished Business
1110 h. New Business
i. Passing By Laws
j. Other Items from Council
k. Confirm next meeting
1. Adjournment
9. That By Laws as introduced may be amended after the first and second
readings, and shall be read all through three times, unless full reading
is dispensed with by resolution of Council.
10. That any matter may be referred to a committee of the whole council,
which commettee shall elect its Chairman. The press and the public may
be excluded from all meetings of the Committee of the Whole.
11. That any matter may be referred to a special committee with or without
power to act.
12. That the Council, at their first meeting, shall appoint seven standing
committees, naming the Chairman of each Committee, and such committees
shall be constituted and shall have jurisdiction as follows:
(1) FINANCE COMMITrE . Shall enquire as to all accounts presented for payment
and the Chairman (or, in his absence, the member designated) shall certify
as 'approved' vouchers for payment. Shall report to Council at each
regular meeting the status of the Revenue and Capital Funds in relation
to the approved annual estimates. Shall obtain from Committee Chairmen
their annual estimates for preparation of the annual budget.
(2) LICENCES. BUILDING AND HEALTH. Shall be responsible for issuing and
approving all licences and permits, including building permits. Also,
responsible for all matters affecting health and liaison when required
with the Elgin Health Unit.
(3) ROADS COMMITTEE. Shall be responsilbe for the operations of the Work
Department and oversee all matters affecting roads, bridges, sidewalks
and drainage.
(4) FIRE AND POLICE COMM1TrEh. Shall be responsible for reporting all Fire
Department activities and oversee By Law Enforcement matters. Also
responsible for lia ison with the Ontario Provincial Police when required.
(5) PERSONNEL AND PROPERTY COMMITTEE. Shall be in charge of all personnel
matters, salary reviews, and disciplinary actions when recommended. Also
responsible for all municipally owned and leased property, lands and
buildings, including use and rental of such property.
(6) PARKS AND RECREATION. Shall be responsible and in charge of all activities
1111/ affecting all municipally owned parks and all activities pertaining to
recreation and liaison with Recreation, Parks and Community Centre Board.
/3
- 3 - BYLAW
(7) DEVELOPMENT GOMMITTEh. Shall be responsible for all matters affecting
development within the village; to include residential, commercial and
industrial development.
13. Each Standing Committee shall consist of two or more members of council, one
110 of whom will be designated as the Chairman.
14. The Reeve shall be a member, ex—officio, of all committees.
15. THAT this by law comes into effect on the passing thereof.
16. THAT this by law rescinds by law no. 351.
READ a first, a second and a third time, finally passed and carried this
day oft;// , 1982, A.D.
.E. H, -CK SMYTH,
EEVE
Clerk Treasurer
VILLAGE OF PORT BURWELL
It
1
THE COLPORATIO'.1 OF
/�
� PTHE VILLAGE OF PORT BURWELL
Oil
BY LAW # 3I
To appoint a By—Law Enforcement Officer
and Dog Licensing Officer
THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS:
THAT Earl Jackson is hereby appointed By—Law Enforcement Officer and Dog Licensing
Officer for the Village of Port Burwell.
REMUNERATION SHALL BE AS FOLLOWS:
a) $150.00 payable in March and $150.00 payable in
September for By—Law Enforcement, and
b) $1.50 for each dog tag or license sold for Dog
Licensing Officer.
c) $35.00 per day for court appearances.
BY—LAW ENFORCEMENT GUIDELINES:
a) monthly reports to be submitted to Council
b) all registered letters to be typed in triplicate
c) to receive .300 per mile of car use outside of the
village.
THAT this By—Law shall remain in effect from year to year unless repealed or otherwise I
amended by Council.
THAT and By—Law not consistent with the provisions of this By—Law be and is hereby
repealed.
oth
BY—LAW read three times and finally passed this 11 day of Aucv51 , 1982, A.D.
7
•7 if wit t ‘•()41 0°1
JACK SMYTH, REEVE
III
f44- •
MARY� TH, CLERK U
_ J
r,.),.._, ,
THE CO: PCRK2ION OF:PNe. THE VILLAGE OF PORT B1J JELL
BY LAW # 35
( To appoint a Weed Inspector )
WHEREAS The Weed Control Act, Chapter 493, R.S.O. 1970, authorizes the
appointment of a Municipal Weed Inspector.
THEREFORE, the Council of the Village of Port Burwell enacts as follows:
THAT Earl Jackson is appointed Weed Inspector for the Village of
Port Burwell to carry out the duties as required by the said Act.
THAT this by—law shall remain in effect from year to year unless
repealed or otherwise amended by Council.
THAT any by—law not consistent with the provisions of this by—law
be and is hereby repealed.
Ad
READ three times and finally passed this 23 day of 41440/ , 1982, A.D.
' REE1/1;"46-1
ACK SMYTH,
a7).4iii,.2:(.. �� //
Mary Ear Smyth, CIE
r■
r
?'L-IL
/y.
THE COHPORA] ION OF
r THE VILLAGE OF PORT BUP.WELL
4
L. LAW # .3?t
Being a By-Law to Regulate the Erection of Buildings within the Village of
Port Burwell.
Whereas by the Municipal Act,
By-Laws may be passed by Councils of Municipalities to regulate the erection,
alteration and demolition of buildings within the Municipality;
And Whereas it is deemed necessary and expedient that such power be
exercised;
Now Therefore Be It Enacted by the Council of The Village of Port Burwell
as follows:
That all By-laws Regulating the Erection of Buildings within the Village
of Port Burwell'are hereby rescinded.
(1)- The word "Building" in this By-Law shall mean and include dwellings,
places of business, public meeting places and accessory buildings.
(2)- "Accessory Building" shall mean a building or structure that is
incidental and subordinate to the main building, and is situated on
the same lot.
(3)- This By-Law shall be administered and enforced by the "Building Inspector"
for the Village of Port Burwell.
(4)- No person shall erect, alter or move any building or structure within
the limits of the Village of Port Burwell, except in conformity with
the provisions of this By-law.
(5)- No building or structure or part thereof altered or erected in con-
travention of this By-Law shall be used by any person so long as such
building or part thereof continues to contravene the provisions of this
By-Law.
(6)— No dwelling shall be occupied before the main sidewalls and roof have
been erected, the external siding and roofing completed and the kitchen,
heating and sanitary conveniences have been installed.
(7)- Only one dwelling shall be erected or moved to any one lot within the
limits of the Village of Port Burwell.
(8)- Any building erected or moved to any such lot shall not have any
sanitary plumbing connected to a septic tank and field bed or public
sanitary sewage system until such lot is seviced by a public water supply,
and such septic tank and field bed have been inspected and approved by
the Medical Officer of Health of the County of Elgin.
111 (9)- Where a building has been erected prior to the effective date of this
By-Law, on a lot having less than the minimum area frontage or depth, or
having less than the minimum front, rear or side yards, as required in
this By-Law, the said building may be enlarged,reconstructed, repaired,
renovated or altered provided that such enlargement, reconstruction,
repair, renovation or alteration does not further reduce a front, rear or
side yard having less than the minimum required by this By-Law.
- 2 - BY-LAW No. . .3gC,
(10)- Existing lots having less than the area, frontage or depth required
in this By-Law may be developed provided all other regulations of this
By-Law are satisfied.
(11)- General Provisions:
Ili (ii)- a. Residential Provisions
Municipal Sanita Municipal Water Municipal Sanitary
Sewage Disposal Supply Sewage Disposal
and Municipal Available and Municipal
Water Supply NOT Water Supply Both
Available Available
Minimum 1:00 sq. metres Single Family Single Family
Lot (19375 sq.ft.) and semi- Dwellings -
Area detached 558 sq. metres
dwellings - (6006 sq. ft.)
810 sq. metres Semi-detached
(8712 sq. ft.) Dwellings -
Duplex Dwell- 400 sq. metres
ings - (4306 sq. ft.)
1214 sq. m. Duplex Dwellings
(13068 sq. ft.) 700 sq. metres
Multiple Family (7535 sq. ft.)
Dwellings - Multiple Family
2428 sq. m. Dwellings -
(26136 sq. ft.) 350 sq. metres per
dwelling unit
(3767.5 sq. ft.)
Minimum 30 metres Single Family Single Family
Lot (98.4 feet) and Semi- det- Dwellings -
Frontage ached Dwelling 15.2 metres
20 metres (50 feet)
(65.6 feet) Semi-detached
Duplex Dwell- Dwellings -
ings- 12.2 metres
30 metres (40 feet)
(98.4 feet) Duplex Dwellings -
Multiple Family 20 metres
Dwellings (65.6 feet)
15 metres per Multiple Family
dwelling unit Dwellings -
(49.2 feet) 10 metres per
dwelling unit
(j2.8 feet)
Minimum 60 metres 40 metres 40 metres
Lot (196.9 feet) (131.2 feet) (131.2 feet)
Depth
Maximum 35% 35% 35%
Coverage Maximum For All Buildings On The Lot
Minimum 6.0 metres 6.0 metres 6.0 metres
Front (19.8 feet) (19.8 feet) (19.8 feet)
_Card
Minimum one side - one side - one side -
Side 1 sty. - 1.2 m. 1 sty. - 1.2 m. 1 sty. - 1.2 m.
Yard (3.9 ft.) (3.9 .17t.) (3.9 ft.)
1- sty.-1.5 m. 1i sty.- 1.5m. 1-i sty.- 1.5 m.
(4.9ft.) (4.9 ft.) (4.9 ft.)
ill
2 sty. - 2.0 m. 2sty. - 2.0m. 2 sty. - 2.0 m.
(5.9 ft.) (5.9 ft.) (5.9 ft.)
other side - other side - other side -
3.0 metres 3.0 metres 3.0 metres
9.8 feet) 9.8 feet) 9.8 feet)
Minimum 6.0 metres 6.0 metres 6.0 metres
Bear ,(19.7 ft.) (19.7 ft.) (19.7 ft.)
Minimum 78 sq. metres 78 sq. metres 78 sq. metres
Floor (840 sq. ft.) (840 sq. ft.) (840 sq. ft.)
Area per dwelling per dwelling per dwelling
unit , unit unit
Maximum 9.0 metres 9.0 metres 9.0 metres
Building(29.5 feet) (29.5 feet) (<9.5 feet)
Height
- 3 - By-Law No. 376
b. Commercial Provisions
Municipal Sanitary Municipal Water Municipal Sanitary
Sewage Disposal Supply Sewage Disposal
and Municipal Available and Municipal
Water Supply not Water Supply Both
Available Available
4111 Minimum 1800 sq. metres 800 sq. metres 550 sq. metres
Lot (15375 sq. ft.) (8611 sq. ft.) (5920 sq. ft.)
Area
Minimum 30.0 metres 20.0 metres 13.5 metres
Lot (98.4 ft.) (65.6 ft.) (44.3 ft.)
Frontage
Minimum 40.0 metres 40.0 metres 40.0 metres
Lot (131.2 ft.) (131.2 ft.) (131.2 ft.)
Depth
Maximum 60% 60% 60%
Coverage
Minimum �.0 metres 6.0 metres 6.0 metres
Front (19.7 ft.) (19.7 ft.) (19.7 ft.)
Yard EXULF'P along both sides of Robinson Street between
Waterloo Street and Pitt Street and along both sides
of Wellington Street from Robinson Street to Erieus
Street where NO FRONT YARD IS REQUIRED
Minimum No side yard is required EXCKer where the yard abuts
Side a Residential or Park and Recreation Zone then a
yard minimum side yard of 4.0 metres (13.1 ft.) shall
be required.
Minimum 6.0 metres 12.0 metres 6.0 metres
Rear (19.7 ft.) (19.7 ft.) (19.7 ft.)
Yard
Maximum 12.0 metres 12.0 metres 12.0 metres
Building (39.4 ft.) (39.4 ft.) (39.4 ft.)
Height
Regulations for Residental Uses Permitted in Section 11(b)
(a) Lot Area Per Dwelling
100 .0 sq. metres (1076.4 sq. ft.) in addition to the
requirements established in section 7.3
(b) Type of Dwelling Minimum Floor Area.
Bachelor Unit 45.0 sq. metres (484 sq. ft.)
One Bedroom Unit 55.0 sq. metres (592 sq. ft.)
Two or More 70.0 sq. metres (754 sq. ft.)
Bedroom Unit
c. Accessory Building Provisions
- not for human habitations
- not closer to the street than the main building
- not closer than 1.0 metres (3.3 ft.) to all other lot
lines, except that a common semi-detached private garage
or carport may be centred on the mutual lot line
- maximum floor area - 54 sq. metres (580 sq. ft.)
- maximum height of accessory building - 6.0 metres (19.7 ft.)
- shall not be built closer than 2.0 metres (6.6 ft.) to the main
building
- shall not be considered to be an accessory building if attached
to the main building in any manner
- accessory buildings in excess of 100 sq. ft. shall have footings and foundation.
(9 .:)metres)
d. Additional SideYard Requirements
Every part of any y and required by this by-law shall
be open and unobstructed by any structure from the ground
to the sky, provided , however, that those structures listed
below shall be permitted to project or encroach into the
yards indicated for the distances specified where applicable:
— 4 — By—Law No. S16
Structure Permitted Yard Max. Projection
From Main Wall
Window Sills, belt any yard .75 metres
Courses, cornices, (2.5 feet)
eaves, gutter,
chimneys, or
pilasters
fire escapes and 1.5 metres
4111 exterior staircases rear yard only (4.9 feet)
bay windows front, rear and 1.0 metres
and awnings exterior side yards (3.3 feet)
I only
Boundary wall or fence any yard —
(e) — The minimum setback from the Lake Erie Shoreline
is 15.0 metres (49.3 feet) from the edge of the
bluff for permitted buildings and structures east
of Robinson Street to the eastern limits of the
Village.
12) EVERY APPLICANT shall submit his application, drawings and specifications of
the proposed work in sufficient detail to enable the building inspector to obtain full
and complete information of the extent and character of the work and shall furnish all
information required by the building inspector in connection with such application and
it shall be the duty of the applicant to satisfy the building inspector that the
regulations provided by this By—Law are not being contravened.
13) PERMIT — before any building within the Village of Port Burwell is to be
constructed, altered or repaired at any estimated cost of more than $500.00 or any
building of.a value of more than $500.00 is to be torn down, demolished or removed either
in whole or in part, the owner of the building or proposed building shall obtain a
permit from the Building Inspector and his application for same shall give such full
and complete information as to the work as may be required by the Building Inspector. A
permit shall be required for : new building in excess of 100 sq. ft. (q.1/metres).
5U)iY it
(1) At the time of such application, the applicant shall pay to the Building
Inspector the following sums: For work costing One Thousand Dollars ($1,000) or part
thereof the sum of $5.00 and an additional $2.00 for each additional One Thousand Dollars
($1,000) or part thereof.
(2) Where the application is for the demolition or removal of a building, the
cost of the permit shall be $5.00.
The building Inspector and the Fire Chief shall have the right to enter upon
and examine at any reasonable time any building upon which construction, alteration,
repair, demolition, or removal is being carried out and if, in the opinion of the Building
Inspector, any building is, during the course of such operation or thereafter, in a
dangerous condition or unsafe for the purpose for which it is being used, the Building
Inspector shall notify the owner of such conditions and require him to remedy same
forthwith.
If the owner neglects or refuses to remedy such condition within a reasonable
time thereafter or if in the opinion of the Building Inspector the immediate application
of the precautionary measures is necessary to avoid such danger, the Building Inspector
shall have power to forthwith take such steps as are in his opinion necessary to avert
such danger and all costs incurred thereby shall be borne by the owner.
Every permit issued under this By—Law shall remain in force for six months
and no longer from the date of issue unless the work thereby authorized is commenced
within that time. Such work must be completed within 12 months fromthe issuance of
the permit.
IINo permit shall be granted for the construction, alteration, repair or
oving of any building on any property within the corporation limits in violation of
he building restrictions governing or affecting such property at the time of issuance
of the permit or of any By—law respecting the erection or construction of buildings
or of any restrictions or regulations imposed upon such property by any deed, agreement
or covenant registered against the same and which has been in any way affected since
such registration by any proceedings taken by the corporation under the Ontario Municipal
Board Act 1937 and amendments, or the Department of Municipal Affairs Act, 1937 and
amendments, or in any other manner whatsoever.
It shall be the duty of the applicant to satisfy the Building Inspector that
no such restrictions are being contravened or violated.
- 5 - BY LAW NO. 35r4°
Where in the opinion of the Building Inspector it is necessary for the public
safety, the owners shall cause to be erected on the street line adjacent to any building
being constructed, altered or repaired or demolished, a suitable type board fence at
least six feet in height and with sufficient overhead boarding to protect passersby,
and no such fence shall be removed until the work has been completed and permission
for that purpose has been obtained from the Building Inspector.
(14) No permit shall be issued to move a building into the Village of Port Burwell
to move a building from one site to another within the limits of the Village until said
lding has been examined by the Building Inspector, and has met with his approval.
(15) This By Law shall not be effective to reduce or mitigate any restrictions
lawfully imposed by a Governmental Authority having jurisdiction to make such restrictions.
(16) Every person who contravenes any provisions of this By Law is guilty of an
offence and is liable, upon summary conviction, to a fine not exceeding one thousand dollars
($1,000) exclusive of costs.
This By—Law shall come into force and effect upon the final passing thereof.
4
Read a first time on this,? #.h. day ofAluot ., 1982
Read a second time.of this ,33j th. day of Au,& ., 1982
Read a third time and finally passed on this 93`'4 tAr. day of Autuol ., 1982.
Marys E. Smyth, Clerk` lack Smyth, Reev
TUE CORPORATION OF
/3" =z
r THE VILLAGE OF PORT BUi;';IELL
`►r- BY LAW # ,5 A(r
Being a By-Law to Regulate the Erection of Buildings within the Village of
Port Burwell.
Whereas by the Municipal Act,
By-Laws may be passed by Councils of Municipalities to regulate the erection,
alteration and demolition of buildings within the Municipality;
And Whereas it is deemed necessary and expedient that such power be
exercised;
Now Therefore Be It Enacted by the Council of The Village of Port Burwell
as follows:
That all By-laws Regulating the Erection of Buildings within the Village
of Port Burwell'are hereby rescinded.
(1)- The word "Building" in.this By-Law shall mean and include dwellings,
places of business, public meeting places and accessory buildings.
(2)- "Accessory Building" shall mean a building or structure that is
incidental and subordinate to the main building, and is situated on
the same lot.
(3)- This By-Law shall be administered and enforced by the "Building Inspector"
for the Village of Port Buswell.
(4)- No person shall erect, alter or move any building or structure within
the limits of the Village of Port Burwell, except in conformity with
the provisions of this By-law.
(5)- No building or structure or part thereof altered or erected in con-
travention of this By-Law shall be used by any person so long as such
building or part thereof continues to contravene the provisions of this
By-Law.
(6)- No dwelling shall be occupied before the main sidewalls and roof have
been erected, the external siding and roofing completed and the kitchen,
heating and sanitary conveniences have been installed.
(7)- Only one dwelling shall be erected or moved to any one lot within the
limits of the Village of Port Burwell.
(8)- Any building erected or moved to any such lot shall not have any
sanitary plumbing connected to a septic tank and field bed or public
sanitary sewage system until such lot is seviced by a public water supply,
and such septic tank and field bed have been inspected and approved by
the Medical Officer of Health of the County of Elgin.
(9)- Where a building has been erected prior to the effective date of this
By-Law, on a lot having less than the minimum area frontage or depth, or
having less than the minimum front, rear or side yards, as required in
this By-Law, the said building may be enlarged,reconstructed, repaired,
renovated or altered provided that such enlargement, reconstruction,
repair, renovation or alteration does not further reduce a front, rear or
side yard having less than the minimum required by this By-Law.
•
- 2 - BY-LAW No. 386,
(10)- E d sting lots having less than the area, frontage or depth required
in this By-Law may be developed provided all other regulations of this
By-Law are satisfied.
(11)- General Provisions:
(11)- a. Residential Provisions
Municipal Sanitary Municipal Water Municipal Sanitary
Sewage Disposal Supply Sewage Disposal
and Municipal Available and Municipal
Water Supply NOT Water Supply Both
Available Available
Minimum 1800 sq. metres Single Family Single Family
Lot (19375 sq.ft.) and semi- Dwellings -
Area detached 558 .sq. metres
dwellings T (6006 sq. ft.) •
810 sq. metres Semi-aetached
(8712 sq. ft.) Dwellings -
Duplex Dwell- 400 sq. metres
ings - (4306 sq. ft.)
1214 sq. m. Duplex Dwellings
(13068 sq. ft.) 700 sq. metres
Multiple Family (7535 sgb. ft.)
Dwellings - Multiple Family
2428 sq. m. Dwellings -
(26136 sq. ft.) 350 sq. metres per
dwelling unit
(3767.5 sq. ft.)
Minimum 30 metres Single Family Single Family
Lot (98.4 feet) and Semi- det- Dwellings -
Frontage ached Dwelling 15.2 metres
20 metres (50 feet)
(65.6 feet) Semi-detached
Duplex Dwell- Dwellings -
ings- 12.2 metres
30 metres (40 feet)
(98.4 feet) Duplex Dwellings -
Multiple Family 20 metres
Dwellings (65.6 feet)
15 metres per Multiple Family
dwelling unit Dwellings -
(49.2 feet) 10 metres per
dwelling unit
(32.8 feet)
Minimum 60 metres 40 metres 40 metres
Lot (196.9 feet) (131.2 feet) (131..2 feet)
Depth
Maximum 35% 35% 35%
Coverage Maximum For All Buildings On The Lot
Minimum 6.0 metres 6.0 metres 6.0 metres
Front (19.8 feet) (19.8 feet) (19.8 feet)
Yard
Minimum one side - one side - one side -
Side 1 sty. - 1.2 m. 1 sty. - 1.2 m. 1 sty. - 1.2 m.
Yard (3.9 ft.) (3.9:21.)4 (3.9 ft.)
1i sty.-1.5 m. 1j sty.- 1.5m. 1 sty.- 1.5 m.
(4.9 ft.) (4.9 ft.) (4.9 ft.)
2 sty. - 2.0 m. 2sty. - 2.0m. 2 sty. - 2.0 m.
(5.9 ft.) (5.9 ft.) (5.9 ft.)
other side - other side - other side -
3._0 metres . 3.0 metres 3.0 metres
(9.8 feet) (9.8 feet) ('9.8 feet)
Minimum 6.0 metres 6.0 metres 6.0 metres
Rear (19.7 ft.) (19.7 ft.) (19.7 ft.)
Minimum 78 sq. metres 78 sq. metres 78 sq. metres
Floor (840 sq. ft.) (840 sq. ft.) (840 sq. ft.)
Area per dwelling per dwelling per dwelling
unit unit Unit
Maximum 9.0 metres 9.0 metres 9.0 metres
Buildin'3(29.5 feet) I (29.5 feet) (29.5 feet)
Height
- 3 - By-Law No. 31M0.
b. Commercial Provisions
Municipal Sanitary Municipal Water Municipal Sanitary
Sewage Disposal Supply Sewage Disposal
and Municipal Available and Municipal
Water Supply not Water Supply Both
Available Available
Minimum 1800 sq. metres 800 sq. metres 550 sq. metres
Lot (19375 sq. ft.) (8611 sq. ft.) (5920 sq. ft.)
Area
Minimum 30.0 metres 20.0 metres 13.5 metres
Lot (98.4 ft.) (65.6 ft.) (44.3 ft.)
Frontage
Minimum 40.0 metres 40.0 metres 40.0 metres
Lot (131.2 ft.) (131.2 ft.) (131.2 ft.)
pevth
Maximum 60% 60% 60%
Coverage
Minimum 6.0 metres 6.0 metres 6.0 metres
Front (19.7 ft.) (19.7 ft.) (19.7 ft.)
Yard E((&'2 along both sides of Robinson Street between
Waterloo Street and Pitt Street and along both sides
of Wellington Street from Robinson Street to Erieus
Street where NO FRONT YARD IS REQUIRED
•
Minimum No side yard is required EXCEPT where the yard abuts
Side a Residential or Park and Recreation Zone then a
'ard minimum side yard of 4.0 metres (13.1 ft.) shall
be required.
Minimum 6.0 metres 12.0 metres 6.0 metres
Rear (19.7 ft.) (19.7 ft.) (19.7 ft.)
Yard
Maximum 12.0 metres 12.0 metres 12.0 metres
Building (39.4 ft.) (39.4 ft.) (39.4 ft.)
Height
Regulations for Residental Uses Permitted in Section 11(b)
(a) Lot Area Per Dwelling
100 .0 sq. metres (1076.4 sq. ft.) in addition to the
requirements established in section 7.3
(b) Type of Dwelling Minimum mum Floor Area
Bachelor Unit 45.0 sq. metres (484 sq. ft.)
One Bedroom Unit 55.0 sq. metres (592 sq. ft.)
Two or More 70.0 sq. metres (754 sq. ft.)
Bedroom Unit
c. Accessory Building Provisions
- not for human habitations
- not closer to the street than the main building
- not closer than 1.0 metres (3.3 ft.) to all other lot
lines, except that a common semi-detached private garage
or carport may be centred on the mutual lot line
- maximum floor area - 54 sq. metres (580 sq. ft.)
- maximum height of accessory building - 6.0 metres (19.7 ft.)
- shall not be built closer than 2.0 metres (6.6 ft.) to the main
building
- shall not be considered to be an accessory building if attached
to the main building in any manner •
- accessory buildings in excess of 100 sq. ft. shall have footings and foundation.
(9 metres)
d. Additional SideYard Requirements
Every part of any y and required by this by-law shall
be open and unobstructed by any structure from the ground
to the sky, provided , however, that those structures listed
below shall be permitted to project or encroach into the
yards indicated for the distances specified where applicable:
' • - 4 - By-Law No. 576'
• Structure Permitted Yard Max. Projection
From Main Wall
Window Sills, belt any yard .75 metres
Courses, cornices, (2.5 feet)
eaves, gutter,
chimneys, or
pilasters
fire escapes and 1.5 metres
exterior staircases rear yard only (4.9 feet)
bay windows front, rear and 1.0 metres
and awnings exterior side yards (3.3 feet)
only
Boundary wall or fence any yard —
(e) - The minimum setback from the Lake Erie Shoreline
is 15.0 metres (49.3 feet) from the edge of the
bluff for permitted buildings and structures east
of Robinson Street to the eastern limits of the
Village.
12) EVERY APPLICANT shall submit his application, drawings and specifications of
the proposed work in sufficient detail to enable the building.inspector to obtain full
and complete information of the extent and character of the work and shall furnish all
information required by the building inspector in connection with such application and
it shall be the duty of the applicant to satisfy the building inspector that the
regulations provided by this By-Law are not being contravened.
13) PERMIT - before any building within the Village of Port Burwell is to be
constructed, altered or repaired at any estimated cost of more than $500.00 or any
building of:a value of more than $500.00 is to be torn down, demolished or removed either
in whole or in part, the owner of the building or proposed building shall '.obtain a
permit from the Building Inspector and his application for same shall give such full
and complete information as to the work as may be required by the Building Inspector. A
permit shall be required for a new building in excess of 100 sq. ft. (9.,�9 mere
ts).
(1) At the time of such application, the applicant shall pay to the Building
Inspector the following sums: For work costing One Thousand Dollars ($1,000) or part
thereof the sum of $5.00 and an additional $2.00 for each adtitional One Thousand Dollars
($1,000) or part thereof.
(2) Where the application is for the demolition or removal of a building, the
cost of the permit shall be $5,00.
The building Inspector and the Fire Chief shall have the right to enter upon
and examine at any reasonable time any building upon which construction, alteration,
repair, demolition, or removal is being carried out and if, in the opinion of the Building
Inspector, any building is, during the course of such operation or thereafter, in a
dangerous condition or unsafe for the purpose for which it is being used, the Building
Inspector shall notify the owner of such conditions and require him to remedy same
forthwith.
If the owner neglects or refuses to remedy such condition within a reasonable
time thereafter or if in the opinion of the Building Inspector the immediate application
of the precautionary measures is necessary to avoid such danger, the Building Inspector
shall have power to forthwith take such steps as are in his opinion necessary to avert
such danger and all costs incurred thereby shall be borne by the owner.
Every permit issued under this By-Law shall remain in force for six months
and no longer from the date of issue unless the work thereby authorized is commenced
within that time. Such work must be completed within 12 months fromthe issuance of
the permit.
No permit shall be granted for the construction, alteration, • repair or '
owing of any building on any property within the corporation limits in violation of
he building restrictions governing or affecting such property at the time of issuance
of the permit or of any By-law respecting the erection or construction of buildings
or of any restrictions or regulations imposed upon such property by any deed, agreement
or covenant registered against the same and which has been in any way affected since
such registration by any proceedings taken by the corporation under the Ontario Municipal
Board Act 1937 and amendments, or the Department of Municipal Affairs Act, 1937 and
amendments, or in any other manner whatsoever.
It shall be the duty of the applicant to satisfy the Building Inspector that
no such restrictions are being contravened or violated.
• — 5 — BY LAW NO. 31°46"
A
Where in the opinion of the Building Inspector it is necessary for the public
safety, the owners shall cause to be erected on the street line adjacent to any building
being constructed, altered or repaired or demolished, a suitable type board fence at
least six feet in height and with sufficient overhead boarding to protect passersby,
and no such fence shall be removed until the work has been completed and permission
for that purpose has been obtained from the Building Inspector.
(14) No permit shall be issued to move a building into the Village of Port Burwell
to move a building from one site to another within the limits of the Village until said
flding has been examined by the Building Inspector, and has met with his approval.
(15) This By Law shall not be effective to reduce or mitigate any restrictions
lawfully imposed by a Governmental Authority having jurisdiction to make such restrictions.
(16) Every person who contravenes any provisions of this By Law is guilty of an
offence and is liable, upon summary conviction, to a fine not exceeding one thousand dollars
($1,000) exclusive of costs.
This By—Law shall come into force and effect upon the final passing thereof.
Read a first time on this, '. 1h. day ofAI-wt ., 1982
Read a second time.of this th. day of AUwoi ., 1982
Read a third time and finally passed on this a3'/ th. day of Autu44 ., 1982.
R1 , . 1. i. _ Zito 41,1
Mary E:-"Smyth, Clerk(i lack Smyth, Reev
/X- TUE CO.tPORATI0:1 OF
111
141 TkTE VILLAGE OF PORT BU:IJELL
BY LAW # ?L
Being a By-Law to Regulate the Erection of Buildings within the Village of
Port Burwell.
Whereas by the Municipal Act,
By-Laws may be passed by Councils of Municipalities to regulate the erection,
alteration and demolition of buildings within the Municipality;
And Whereas it is deemed necessary and expedient that such parer be
exercised;
Now Therefore Be It Enacted by the Council of The Village of Port Burwell
as follows:
That all By-laws Regulating the Erection of Buildings within the Village
of Port Burwell are hereby rescinded.
(1)- The word "Building" in this By-Law shall mean and include dwellings,
places of business, public meeting places and accessory buildings.
(2)- "Accessory Building" shall mean a building or structure that is
incidental and subordinate to the %,ain building, and is situated on
the same lot.
(3)- This By-Law shall be administered and enforced by the "Building Inspector"
for the Village of Port Burwell.
(4)- Ho person shall erect, alter or move any building or structure within
the limits of the Village of Port Burwell, except in conformity with
the provisions of this By-law.
(5)- No building or structure or part thereof altered or erected in con-
travention of this By-Law shall be used by any person so long as such
building or part thereof continues to contravene the provisions of this
By-Law.
(6)- No dwelling shall be occupied before the main sidewalls and roof have
been erected, the external siding and roofing completed and the kitchen,
heating and sanitary conveniences have been installed.
(7)- Only one dwelling shall be erected or moved to any one lot within the
limits of the Village of Port Burwell.
(8)- Any building erected or moved to any such lot shall not have any
sanitary plumbing connected to a septic tank and field bed or public
sanitary sewage system until such lot is seviced by a public water supply,
and such septic tank and field bed have been inspected and approved by
the Medical Officer of Health of the County of Elgin.
(9)- Where a building has been erected prior to the effective date of this
By-Law, on a lot having less than the minimum area frontage or depth, or
having less than the minimum front, rear or side yards, as required in
this By-Law, the said building may be enlarged,reconstructed, repaired,
renovated or altered provided that such enlargement, reconstruction,
repair, renovation or alteration does not further reduce a front, rear or
side yard having less than the minimum required by this By-Law.
- 2 - BY-LAW No. ?SL
(10)- Existing lots having less than the area, frontage or depth required
in this By-Law may be developed provided all other regulations of this
By-Law are satisfied.
(11)- General Provisions:
(11)- a. Residential Provisions
Municipal Sanitary Municipal Water Municipal Sanitary
Sewage Disposal Supply Sewage Disposal
and Municipal Available and Municipal
Water Supply NOT Water Supply Both
AvailableAvailable
Minimum 1M00 sq. metres Single Family Single Family
Lot (19j75 sq.ft.) and semi- Dwellings -
Area detached 558 sq. metres
dwellings - (6006.sq. ft.) •
810 sq. metres Semi-detached
(8712 sq. ft.) Dwellings -
Duplex Dwell- 400 sq. metres
ings - (4306 sq. ft.)
1214 sq. m. Duplex Dwellings
(13068 sq. ft.) 700 sq. metres
Multiple Family (7535 sq. ft.)
Dwellings - Multiple Family
2428 sq. m. Dwellings -
(26136 sq. ft.) 350 sq. metres per
dwelling unit
(3767.5 sq. ft.)
Minimum 30 metres Single Family Single Family
Lot (98.4 feet) and Semi- det- Dwellings -
Frontage ached Dwelling 15.2 metres
20 metres (50 feet)
(65.6 feet) Semi-detached
Duplex Dwell- Dwellings -
ings- 12.2 metres
30 metres (40 feet)
(98.4 feet) Duplex Dwellings -
Multiple Family 20 metres
Dwellings (65.6 feet)
15 metres per Multiple Family
dwelling unit Dwellings -
(49.2 feet) 10 metres per
dwelling unit '
(32.8 feet)
Minimum 60 metres 40 metres 40 metres
Lot (196.9 feet) (131.2 feet) (131.2 feet)
Depth
Maximum 35% 35% 35%
Coverage Maximum For All Buildings On The Lot
Minimum 6.0 metres 6.0 metres 6.0 metres
Front (19.8 feet) (19.8 feet) (19.8 feet)
Yard
Minimum one side - one side - one side -
Side 1 sty. - 1.2 m. 1 sty. - 1.2 m. 1 sty. - 1.2 m.
Yard (3.9 ft.) (3.9 .a.) (3.9 ft.)
1 sty.-1.5 m. 1i sty.- 1.5m. 1- sty.- 1.5 m.
(4.9 ft.) (4.9 ft.) (4.9 ft.)
2 sty. - 2.0 m. 2sty. - 2.0m. 2 sty. - 2.0 m.
(5.9 ft.) (5.9 ft.) (5.9 ft.)
other side - other side - other side -
3.0 metres 3.0 metres 3.0 metres
. (9.8 feet) (9.8 feet) (9.8 feet)
Minimum 6.0 metres 6.0 metres 6.0 metres
Rear , (19.7 ft.) (19.7 ft.) (19.7 ft.)
Minimum 78 sq. metres 78 sq. metres 78 sq. metres
Floor (840 sq. ft.) (840 sq. ft.) (840 sq. ft.)
Area per dwelling per dwelling per dwelling
, uni t. unit ,unit
Maximum 9.0 metres 9.0 metres 9.0 metres
Building(29.5 feet) (29.5 feet) (_9.5 feet)
Height
•
• - 3 - By-Law No. la
b. Commercial Provisions
Municipal Sanitary Municipal Water Municipal Sanitary
Sewage Disposal Supply Sewage Disposal
and Municipal Available and Municipal
Water Supply not Water Supply Both
Available Available
Minimum 1800 sq. metres 800 sq. metres 550 sq. metres
Lot (19375 sq. ft.) (8611 sq. ft.) (5920 sq. ft.)
Area _
Minimum 30.0 metres 20.0 metres 13.5 metres
Lot (98.4 ft.) (65.6 ft.) (44.3 ft.)
Frontage
Minimum 40.0 metres 40.0 metres 40.0 metres
Lot (131.2 ft.) (131.2 ft.) (131.2 ft.)
Depth
Maximum 60% 60% 60%
Coverage
Minimum 6.0 metres 6.0 metres 6.0 metres
Front (19.7 ft.) (19.7 ft.) (19.7 ft.)
Yard EXCher along both sides of Robinson Street between
Waterloo Street and Pitt Street and along both sides
of Wellington Street from Robinson Street to Erieus
Street where NO FRONT YARD IS REQUIRED
Minimum No side yard is required EXCEPT where the yard abuts
Side a Residential or Park and Recreation Zone then a
yard minimum side yard of 4.0 metres (13.1 ft.) shall
be required.
Minimum 6.0 metres 12.0 metres 6.0 metres
Rear (19.7 ft.) (19.7 ft.) (19.7 ft.)
Yard
Maximum 12.0 metres 12.0 metres 12.0 metres
Building (39.4 ft.) (39.4 ft.) (39.4 ft.)
Height
Regulations for Residental Uses Permitted in Section 11(b)
(a) Lot Area Per Dwelling
100 .0 sq. metres (1076.4 sq. ft.) in addition to the
requirements established in section 7.3
(b) Type of Dwelling Min;mum Floor Area
Bachelor Unit 45.0 sq. metres (484 sq. ft.)
One Bedroom Unit 55.0 sq. metres (592 sq. ft.)
Two or More 70.0 sq. metres (754 sq. ft.)
Bedroom Unit
c. Accessory Building Provisions
- not for human habitations
- not closer to the street than the main building
- not closer than 1.0 metres (3.3 ft.) to all other lot
lines, except that a common semi-detached private garage
or carport may be centred on the mutual lot line
- maximum floor area - 54 sq. metres (580 sq. ft.)
- maximum height of accessory building - 6.0 metres (19.7 ft.)
- shall not be built closer than 2.0 metres (6.6 ft.) to the main
building
- shall not be considered to be an accessory building if attached
to the main building in any manner
- accessory buildings in excess of 100 sq. ft. shall have footings and foundation.
(9 ...''9metres)
d. Additional SideYard Requirements
Every part of any y and required by this by-law shall
be open and unobstructed by any structure from the ground
to the sky, provided , however, that those structures listed
below shall be permitted to project or encroach into the
yards indicated for the distances specified where applicable:
— 4 — By—Law No. .`-'7(-°
Structure Permitted Yard Max. Projection
From Main Wall
Window Sills, belt any yard .75 metres
Courses, cornices, (2.5 feet)
eaves, gutter,
chimneys, or
pilasters
fire escapes and 1.5 metres
exterior staircases rear yard only (4.9 feet)
bay windows front, rear and 1.0 metres
' and awnings exterior side yards (3.3 feet)
only
Boundary wall or fence any yard
(e) — The minimum setback from the Lake Erie Shoreline
is 15.0 metres (49.3 feet) from the edge of the
bluff for permitted buildings and structures east
of Robinson Street to the eastern limits of the
Village.
12) EVERY APPLICANT shall submit his application, drawings and specifications of
the proposed work in sufficient detail to enable the building inspector to obtain full
and complete information of the extent and character of the work and shall furnish all
information required by the building inspector in connection with such application and
it shall be the duty of the applicant to satisfy the building inspector that the
regulations provided by this By—Law are not being contravened.
13) PERMIT — before any building within the Village of Port Burwell is to be
constructed, altered or repaired at any estimated cost of more than $500.00 or any
building of.a value of more than $500.00 is to be torn down, demolished or removed either
in whole or in part, the owner of the building or proposed building shall obtain a
permit from the Building Inspector and his application for same shall give such full
and complete information as to the work as may be required by the Building Inspector. A
permit shall be required for a new building in excess of 100 sq. ft. (4.1`Imetres).
(1) At the time of such application, the applicant shall pay to the Building
Inspector the following sums: For work costing One Thousand Dollars ($1,000) or part
thereof the sum of $5.00 and an additional $2.00 for each additional One Thousand Dollars
($1,000) or part thereof.
(2) Where the application is for the demolition or removal of a building, the
cost of the permit shall be $5.00.
The building Inspector and the Fire Chief shall have the right to enter upon
and examine at any reasonable time any building upon which construction, alteration,
repair, demolition, or removal is being carried out and if, in the opinion of the Building
Inspector, any building is, during the course of such operation or thereafter, in a
dangerous condition or unsafe for the purpose for which it is being used, the Building
Inspector shall notify the owner of such conditions and require him to remedy same
forthwith.
If the owner neglects or refuses to remedy such condition within a reasonable
time thereafter or if in the opinion of the Building Inspector the immediate application
of the precautionary measures is necessary to avoid such danger, the Building Inspector
shall have power to forthwith take such steps as are in his opinion necessary to avert
such danger and all costs incurred thereby shall be borne by the owner.
Every permit issued under this By—Law shall remain in force for six months
and no longer from the date of issue unless the work thereby authorized is commenned
within that time. Such work must be completed within 12 months fromthe issuance of
the permit.
No permit shall be granted for the construction, alteration, repair or
oving of any building on any property within the corporation limits in violation of
he building restrictions governing or affecting such property at the time of issuance
of the permit or of any By—law respecting the erection or construction of buildings
or of any restrictions or regulations imposed upon such property by any deed, agreement
or covenant registered against the same and which has been in any way affected since
such registration by any proceedings taken by the corporation under the Ontario Municipal
Board Act 1937 and amendments, or the Department of Municipal Affairs Act, 1937 and
amendments, or in any other manner whatsoever.
It shall be the duty of the applicant to satisfy the Building Inspector that
no such restrictions are being contravenedhor violated.
•
— 5 — Eff LA'.I No, `-.2'14)
Where in the opinion of the Building Inspector it is necessary for the public
safety, the owners shall cause to be erected on the street line adjacent to any building
being constructed, altered or repaired or demolished, a suitable type board fence at
least six feet in height and with sufficient overhead boarding to protect passersby,
and no such fence shall be removed until the work has been completed and permission
for that purpose has been obtained from the Building Inspector.
(14) No permit shall be issued to move a building into the Village of Port Burwell
to move a building from one site to another within the limits of the Village until said
tiding has been examined by the Building Inspector, and has met with his approval.
" (15) This By Law shall not be effective to reduce or mitigate any restrictions
lawfully imposed by a Governmental Authority having jurisdiction to make such restrictions.
(16) Every person who contravenes any provisions of this By Law is guilty of an
offence and is liable, upon summary conviction, to a fine not exceeding one thousand dollars
($1,000) exclusive of costs.
This By—Law shall come into force and effect upon the final passing thereof.
Read a first time on thisg31.h. day ofAwt ., 1982
Read a second time.of this 33`d th. day of( uok ., 1982
Read a third time and finally passed on this 03'4 th. day of fiuT.401 ., 1982.
(nal ., ( A,A( —G24t� 1'�i
Mary E. Smyth, Clerk /ack Smyth, Reevi
SZ-i3
t
,y-
THE COaPCRATIO:1 O'
THE VILLAGE OF PORT BUTJELL
S
BY LAV # 3S7
Being a By—Law to Establish a Fire Department
WHEREAS the Municipal Act provides that the Council may by by—law establish
and regulate a fire department;
THEREFORE, the Council of the Corporation of the Village of Port Burwell
enacts as follows: .
1. In this by—law, unless the- context otherwise requires,
(A) "Council" means the Council of the Village of Port Burwell
(B) "Department" means the Village of Port Burwell Fire Department,
(C) "Member" includes an officer.
2. A Department for the Village of Port Burwell to be known as the Village
of Port Burwell Fire Department is hereby established and the head of the Department
shall be known as the Chiefcfthe Department.
3. In addition to the Chief of the Department, the Department personnel shall
consist of a Deputy Chief and such number of Division Chiefs, Captains and other
officers and members as from time to time may be deemed necessary by the Council.
4. (A) The Chief of the Department may recommend to the Council the appointment
of any qualified person as a member of the Department,
(B) A person is quialified to be appointed a member of the Department for
fire fighting and fire prevention duties who:
1. is medically fit to be a member as certified by a physician designated
by the Chief of the Department
2. is of good character, and
3. passes such aptitude tests as may be required by the Chief of
the Department.
1 Shall be a4 IeayF Iby1S ofac e-
(C) A person appointed as a member of the Department for fire fighting
duties shall be on probation for a period of 1 year during which
period he/she shall take such training and examinations as may be
required by the Chief of the Department.
(D) If a probationary member appointed for fire fighting and fire prevention
duties fails any such examinations, the Chief of the Department may
recommend to the Council that he/she be dismissed.
5. The remuneration of all members of the Department shall be determined by the /
Council.
Iliry
6. The Chief of the Department is responsible to the Council for the proper
administration and operation of the Department, for the discipline of its members,
and,
(A) may make such general orders and departmental rules as may be necessary
for the care and protection of the Department and generally for the
efficient operation of the Department, provided that such general orders
and rules do not conflict with the provisions of any by—laws of the
Municipality.
i .../2
Page 2
BY—Law No.
(B) shall review periodically the policies and procedures of the Department
and mayestablish an Advisory Committee consisting of such offices
as he/she may determine from time to time to assist him/her in theseduties.
(C) shall take all proper measures for the prevention, control and extinguishment of
fires and for the protection of life and property and shall enforce all
municipal by—laws respecting fire prevention and exercise the powers imposed
on him/her by the Fire Marshall's Act.
(D) is responsible for the enforcement of this by—law and the general orders and
departmental rules.
(E) shall report all fires to the Fire Marshall as required by the Fire Marshall's
Act.
(F) shall submit to the Council for its approval, as required by the Council,
the annual estimates of the Department.
7. The Deputy Chief shall report to the Chief of the Department on the activities
of the Divisions that are his/her_responsibility and carry out the orders of the Chief,
and, in the absence of the Chief, has all the powers and shall perform all the duties of
the Chief.
8. The Chief is responsible to the Village Council for the carrying out of the
following duties.
(1) Provide administration facilities for the Chief and Deputy Chief of the Department.
(2) Prepare the departmental budget and exercise control of the budget.
(3) Prepare the payroll of the Department and ini-Aate requisitions for materials
and services and certify all accounts of the Department.
(4) Maintain personnel records.
(5) Arrange for the provision of new buildings.
(6) Arrange for the provision of medical services.
(7) Prepare the annual report of the Department.
(8) Carry out the general administration duties of the Department.
(9) Provide liaison with the County Fire Co—ordinator.
(10) Assist the County Fire Co—ordinator in the preparation of a County
Emergency Fire Service Annex and operating procedures.
(11) Prepare specifications for the purchase of apparatus and equipment.
(12) Maintain and keep in repair all existing buildings, fire fighting rescue
and salvage apparatus of the Department.
(13) Modify apparatus and equipment.
(14) Provide recharging facilities for fire fighting extinguishers and
cylinders and to test and repair hose.
(15) Where a Waterworks Commission is established, provide liaison in
order to ensure an adequate flow of water in new waterworks projects
and the adequate maintenace of existing waterworks facilities for the
use of the Department.
(16) Issue clothing, equipment and cleaning supplies.
(17) Receive alarms and dispatch apparatus.
.../3
Page 2
BY—Law No.
(B) shall review periodically the policies and procedures of the Department
and may establish an Advisory Committee consisting of such offices
as he/she may determine from time to time to assist him/her in theseduties.
(C) shall take all proper measures for the prevention, control and extinguishment of
fires and for the protection of life and property and shall enforce all
municipal by—laws respecting fire prevention and exercise the powers imposed
on him/her by the Fire Marshall's Act.
(D) is responsible for the enfo.�cement of this by—law and the general orders and
departmental rules.
(E) shall report all fires to the Fire Marshall as required by the Fire Marshall's
Act.
(F) shall submit to the Council for its approval, as required by the Council,
the annual estimates of the Department.
7. The Deputy Chief shall 're ort to the Chief of the Department On the activities
of the Divisions that are his/her responsibility and carry out the orders of the Chief,
and, in the absence of the Chief, has all the powers and shall perform all the duties of
the Chief.
8. The Chief is responsible to the Village Council for the carrying out of the
following duties.
(1) Provide administration facilities for the Chief and Deputy Chief of the Department.
(2) Prepare the departmental budget and exercise control of the budget.
(3) Prepare the payroll of the Department and ini-Aate requisitions for materials
and services and certify all accounts of the Department.
(4) Maintain personnel records.
(5) Arrange for the provision of new buildings.
(6) Arrange for the provision of medical services.
(7) Prepare the annual report of the Department.
(8) Carry out the general administration duties of the Department.
(9) Provide liaison with the County Fire Co—ordinator.
(10) Assist the County Fire Co—ordinator in the preparation of a County
Emergency Fire Service Annex and operating procedures.
(11) Prepare specifications for the purchase of apparatus and equipment.
(12) Maintain and keep in repair all existing buildings, fire fighting rescue
and salvage apparatus of the Department.
(13) Modify apparatus and equipment.
(14) Provide recharging facilities for fire fighting extinguishers and
cylinders and to test and repair hose.
(15) Where a Waterworks Commission is established, provide liaison in
order to ensure an adequate flow of water in new waterworks projects
111/1 and the adequate maintenace of existing waterworks facilities for the
use of the Department.
(16) Issue clothing, equipment and cleaning supplies.
(17) Receive alarms and dispatch apparatus.
.../3
Page 3
By—Law No.
(18) Prepare specifications for new communications systcros and for additions to
existing communication systems.
(19) Maintain the communications systems of the Department.
(20) Prepare the annual report and budget of the Division of Apparatus, Equipment
rliaand Communications to be submitted to the Division of Administration.
(21) Prevent, control and extinguish fires.
(22) Conduct in—service fire prevention inspections of all classes of occupancies.
(23) Conduct investigations of fire in order to determine cause, origin, and where
appropriate, to request the Office of the Fire Marshall to conduct an investigation.
(24) Perform rescue and salvage operations and render first aid.
(25) Respond and assist at such emergencies as may be required by the Chief of the
Department.
(26) Participate in training at stations.
(27) Conduct pre—fire fighting operations planning.
(28) Perform apparatus maintenance and cleaning duties at stations.
(29) Prepare the annual report and budget of the Division of Fire Fighting to be
submitted to the Division of Administration.
(30) A Captain is in command of the Company to which he/she is assigned and is
responsible for the proper operation of that Company to the Deputy Chief.
(31) Where the Chief of the Department designates a member to act in the place of
an officer in the Department, such member, when so acting, has all the powers
and shall perform all the duties of the officer replaced.
(32) Conduct fire prevention inspections of premises.
(33) Enforce fire prevention by—laws.
(34) Examine building plans.
(35) Provide personnel for fire prevention lectures.
(36) Establish and maintain photography facilities.
(37) Maintain fire loss records.
(38) Receive, process and follow up reports of fire prevention inspections conducted
under the Division of Fire Fighting.
(39) Prepare the annual report and budget of the Division of Fire Prevention to be
submitted to the Division of Administration.
(40) Conduct training for all personnel of the Department in fire administration,
fire prevention and fire fighting.
(41) Administer training programs in stations.
(42) Prepare and conduct examinations of members as required by the Chief of the
IPDepartment.
(43) Prepare the annual report and budget of the Division of Training to be submitted
to the Division of Administration.
9. Every member of the Department appointed for fire fighting duties is subject to a
medical examination at least once annually and at such other times as the Chief of the
Department may require.
.../4
r .
Page 4
BY—LAW NO.
10. (A) Every member of the Department shall report for duty at the time prescribed by
the departmental rules and shall remain on duty until relieved.
(B) In the case of a member failing to report for duty, the officer in charge
shall report this in writing, through his/her superior officer, to the Chief
of the Department.
1111/ (C) No member,
1. while in uniform, shall enter any premises where alcoholic beverages are
sold or consumed, except in the performance of his departmental duties.
2. if his ability is impaired by the use of an intoxicating beverage or drug,
shall be permitted to remain on duty.
3. while on duty, shall consume any intoxicating beverage or drug.
11. (A) The Chief of the Department may reprimand, suspend or recommend dismissal
of any member for insubordination, inefficiency, misconduct, tardiness or
for noncompliance with any of the provisions of this by—law or general orders
and departmental rules that, in the opinion of the Chief would be detrimental
to the discipline and efficiency of the Department.
(B) Following the suspension of any member the Chief of the Department shall report
the suspension and his recommendations to Council.
(C) A member shall not be dismissed without being afforded the opportunity for a
hearing before Council, if he/she makes a written request for such hearing
within seven days after receiving notice of his/her proposed dismissal.
12. The Department shall not respond to a call with respect to a fire or emergency
outside the limits of the municipality except with respect to a fire or emergency.
(A) that in the opinion of the Chief of the Department threatens property
in the municipality or property situated outside the municipality that
is owned or occupied by the municipality,
(B) in a municipality with which an agreement has been entered into to provide
fire protection,
(C) on property with respect to which an agreement has been entered into with
any person or corporation to provide fire protection therefore, or
(D) called under the agreement with the Elgin County Mutual Aid Association.
13. This By—Law comes into effect on the day it is passed by Council.
14. Rescinds previous by—law number 141.
Passed this /6 day of Six43', 1982.
Mary E. Smyth Jack Smyth
Clerk Reeve
Village of Port Burwell