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HomeMy WebLinkAboutPort Burwell By-Laws 1983A Port Burwell Byr--o Laws By -Laws #375-83— 18 1982-- 1983 . . t THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY LAW # _ Za -C)1 I. WHEREAS the Village of Port Burwell is covered by the East Elgin Official Plan which has been approved by the Minister of Municipal Affairs and Housing, and WHEREAS by Section 40 of the Planning Act R.S.O., 1980, a municipality may designate the whole or any part of the area covered by the Official Plan as a Site Plan Control Area, may except any class or classes of development from the provisions of such by-law and may delegate to an appointed officer of the municipality any of the Council's powers or authority under the said Section.401, NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows: 1. The area enclosed within heavy solid lines and marked "Site Plan Control Area" on the attached Schedule "A" forming part of this By-law, is hereby designated as a Site Plan Control Area of the Village of Port Burwell under Section 40 of the Planning Act R.S.O., 1980. 2. The plans or drawings required to be submitted under subsection 4 of the said Section 40 shall be subject to the approval of the Council of the Corporation of the Village of Port Burwell who shall also determine the matters which may be required under sub -section 6 of the said Section 40. 3. Any Agreement entered into pursuant to the said Section 40 shall be registered against the title of the land to which it applies. 4. This By-law comes into force and effect upon being finally passed. READ a FIRST and SECOND time this 0 th day of ZfHAU-ghY , 198,3. READ a THIRD time and FINALLY PASSED this 17 fA day of -JHAJU Aey 198,1. CLERK .� - SCHEDULE ."A"- VILLAGE OFPORT BURWELL'SITE PLAN CONTROL BY-U,'- This is Schedule "A" to By-law No. passed the day of , 1982. Reeve eCT-r�Tc ----- --- I �I 0 100 200 300 me_res 0 509 1000 Feet BY-LAW NO. 3,3 - Doq VILLAGE OF PORT BURWELL A By-law to regulate the use of land and the location and use of mobile homes in the Village of Port Burwell. WHEREAS the Council of the Corporation of the Village of Port Burwell deems it expedient to implement the Official Plan of the East Elgin Planning Area; and WHEREAS authority is granted under Section 39 of The Planni Act, R.S.U. 1980, subject to the approval of the Ontario Municipal Board, to pass this By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: SECTION 1 - INTERPRETATION AND ADMINISTRATION 1.1 SHORT TITLE This By-law shall be known as the "Mobile Home Park By-law" of the Corporation of the Village of Port Burwell. 1.2 APPLICATION The provisions of this By-law shall apply to those lands outlined in heavy solid lines and marked R2 on the attached Schedule "A", forming part of this By-law. 1.3 SCOPE No lands shall be used and no buildings or structures shall be erected, built, constructed, located, altered or used within the area designated R2 on the attached Schedule "A" except in conformity with the provisions of this By-law. 1.4 MINIMUM REQUIREMENTS In interpreting and applying the provisions of this By-law, they are held to be the minimum requirements for the promotion of the health, safety, comfort, convenience, and yeneral welfare of the inhabitants of the Municipality. 1.5 MEANING OF USE Unless the context otherwise requires, the expression "use" or "to use" in this By-law includes anything done or permitted by the owner or occupant of any land or building, directly or indirectly or by or through any trustee, tenant, servant, or agent, acting for or with the knowledge or consent of such owner or occupant, for the purpose of making use of the said land or building. 1.6 MEANING OF SHALL In this By-law, the word "shall" shall always be construed as mandatory. 1.7 ADMINISTRATION This By-law shall be administered by the Building Inspector or such other person as the Council of the Village of Burwell designates. - 2 - 1.8 LICENCES AND PERMITS No permit, certificate or licence shall be issued by the Municipality where the said permit is required for a proposed use of land or a proposed erection, alteration, or use of any building or structure that is in violation of any provisions of this By-law. 1.9 VIOLATIONS AND PENALTIES Every person: a) who contravenes any of the provisions of this By-law; or b) who is an owner of any land used or of any building or structure erected, altered, or used in contravention of any of the provisions of this By-law; or c) who is the occupant of any land used or of any building or structure erected, altered, or used in contravention of any of the provisions of this By-law; is guilty of an offense and is liable on summary conviction to a fine not exceeding Three Thousand Dollars ($3,OOO.00), exclusive of costs, for each offense and every such fine shall be recoverable under The Provincial Offences Act, R.S.U. 1980, as amended, and revised, all of the provisions of which apply hereto. 1.lU BUILDINGS TO BE MOVED Any building or structure which is moved from one location to another, whether within the R2 Zone or into the R2 Zone from another location, or from any location beyond the boundary of the Municipality, into the R2 'Lone, shall be considered as being a new building or structure and shall comply with the provisions of this By-law. 1.11• INJUNCTION Where any building or structure is or is proposed to be erected, altered, or reconstructed, or any building or part thereof is or is proposed to be used, or any land is or is proposed to be used in contravention of the provisions of this By-law, the same may be restrained by action at the instance of any ratepayer or of the Municipality pursuant to the provisions of The Planning Act, R.S.O., 1980, The Municipal Act, R.S.U. 1980 or The Judicature Act, R.S.U. 1980, as amended and revised from time to time. 1.12 REPEAL OF EXISTING BY-LAWS From the coming into force of this By-law, all previous by-laws applying to the lands designated "R2" on the attached Schedule "A" and passed under Section 39 of The Planning Act, R.S.U., 1980 or a predecessor thereof, shall be deemed to have been repealed except to the extent that any of the said by-laws prohibits the use of any land, building or structure for a purpose that is also prohibited by this By-law. .� • -3- 1.13 APPLICATION OF OTHER BY-LAWS Nothing in this By-law shall serve to relieve any person from the obligation to comply with the requirements of any other by-law of the Municipality in force from time to time or the obligation to obtain any license, permit, authority or approval required under any by-law of the Municipality. 1.14 VALIDITY Should any section, clause, or provision of this By-law be held by a court of competent 3urisdiction to be invalid, the validity of the remainder of the By-law shall not be affected. 1.15 EFFECTIVE DATE This By-law shall, upon approval of the Ontario Municipal Board, come into full force and effect as of the date of passing hereof. SECTION 2 - DEFINITIONS 2.1 ACCESSORY, shall mean a use, a building or structure that is normally incidental, subordinate and exclusively devoted to a main use, building, structure or mobile home and that is located on the same mobile home lot or mobile home site. 2.2 BUILDING, shall include any structure whether temporary or permanent, used or intended for sheltering any use of occupancy but shall not include a boundary wall or fence, travel trailers, company trailer, truck camper, mobile home, motor home or tent. 2.3 BUILDING INSPECTOR, shall mean the officer or employees of the Municipality for the time being charged with the duty of enforcing the provisions of the Building By-law. 2.4 DWELLING, shall mean a mobile home as defined in this By-law. 2.5 ERECT, shall include building construct, reconstruct, alter and relocate and, not to limit the generality of the foregoing, shall be taken to include any preliminary physical operation such as excavating, grading, piling, cribbing, tilling or draining, structurally altering any existing building or structure by an addition, deletion, enlargement or extension. 2.6 FLOOR AREA, shall mean the sum of areas of all floors of a dwelling measured from the outside of all exterior walls exclusive of any attic, basement, garage, verandah, porch or sunroom unless such enclosed porch or sunroom is an integral part of the building and habitable in all seasons, and excluding any floor area with a ceiling height of less than two (2) metres. 2.7 FRONTAGE, shall mean the horizontal distance along a municipal street or road of the front lot line of a mobile home lot or mobile home site. 2.8 FRONT LOT LINE, shall mean the boundary line along a municipal street or road of a mobile home lot or mobile home site. -4- 2.9 HOME OCCUPATION, shall mean an occupation for gain or support conducted entirely within a dwelling as a secondary use and only by members of the family residing on the premises plus not more than one (1) assistant who is not a resident of the said dwelling. 2.10 MOBILE HOME, shall mean any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer or trailer otherwise designed. a) MOBILE HOME, SINGLE -WIDE, shall mean a mobile home unit designed to be towed in a single load. b) MOBILE HOME, DOUBLE -WIDE, shall mean a mobile home consisting of two sections, separately towable, but designed to be joined together into one integr-al unit. c) MOBILE HOME, EXPANDABLE, shall mean a single wide mobile home incorporating parts which may be folded, collapsed or telescoped during transportation and extended to provide additional space at the mobile home site. 2.11 MOBILE HOME LOT, shall mean a parcel of land which is described in a deed or other document legally capable of conveying land, or a parcel of land which is shown as a lot or block on a registered plan of subdivision and which is intended for the placement of a mobile home. 2.12 MOBILE HOME PARK, shall mean a parcel of land under single ownership and management which has been planned and improved for the placement of mobile homes. 2.13 MOBILE HOME SITE, shall mean an area of land within a mobile home park that is intended to be occupied by one mobile home and which may be owned by the occupant of the mobile home or by the owner of the mobile home park. 2.14 MUNICIPALITY, shall mean the Corporation of the Village of Port Burwell. 2.15 NON -COMPLYING, shall mean that which does not conform, comply or agree with the regulations of this By-law as of the date of final passing thereof. 2.16 NON-CONFJRMING, shall mean a use which is not a use permitted in the zone in which the said use is situated. 2.17 OCCUPANCY, shall mean to reside in as owner or tenant on a permanent or temporary basis. 2.18 OWNER, shall mean the person who holds legal title to a piece of property. 2.19 PERMITTED, shall mean permitted by this By-law. 2.20 PERSON, shall include an individual, an association, a firm, a partnership, an incorporated company, municipal corporation, agent or trustee and their heirs, executors, or other legal representatives of a person to whom the context of this By-law can apply according to law. • -5- 2.21 PUBLIC AUTHORITY, shall mean any school board, public utility commission, transportation commission, public library board, board of parks management, board of health, board of commissioners of police, planning boards or commission or committee of local authority established or exercising any power or authority under any general or special Statute of Ontario with respect to any of the affairs or purposes of a municipality or a portion thereof, and includes any committee or local authority established by by-law of the Council. 2.22 STRUCTURE, shall mean any material, objects or work erected as a unit or constructed or put together of connected or dependent parts or elements whether located under, on, or above the surface of the ground, but does not include a sign, a fierce, a swimming pool or a mobile home. 2.23 USE, (when used as a noun) shall mean the purpose for which any land, building or structure is designed, arranged or intended to be occupied or used, or for which it is occupied, used or maintained. 2.24 YARD, shall mean an open space on a mobile home site or mobile home lot, appurtenant to a mobile home, and which remains unoccupied and unobstructed. SECTION 3 - GENERAL PROVISIONS 3.1 INTERPRETATION OF ZONE BOUNDARIES Zone boundaries are interpreted as follows: a) lot lines which define the mobile home park; b) the centre line of a street which runs through or adjacent to the mobile home park; c) where the zone boundary is left uncertain after application of the provisions of sections 3.1 a) and b) of this By-law, then the boundary line shall be determined according to the scale on Schedule "A" to this By-law. 3.2 ACCESSORY USES Accessory uses, buildings, or structures shall not be used for human habitation; shall not exceed 3.5 metres in height; and shall not be considered as an accessory building if attached to the mobile home in any way. 3.3 HOME OCCUPATIONS Home occupations shall be subject to the followiny provisions: a) There is no external display or advertisement other than a sign of a maximum size of one half (0.5) square metre; b) there is no outside storage of materials, containers, or finished products; c) the character of the dwelling as a private residence does not change, or a public nuisance particularly in regard to noise, traffic or parking is not created; - b - mod) there is no equipment used, the operation of which would result in any undue noise, fumes, dust, or odour escaping to any adjoining use; e) the home occupation does not occupy more than 25 percent of the total floor area of the mobile home or more than 2U.0 square metres of an accessory building. SECTION 4 - MOBILE HUME (R2) ZONE REGULATIONS 4.1 PERMITTED USES mobile home park one mobile home on one mobile home lot or on one mobile home site accessory uses home occupations 4.2 MINIMUM LOT AREA a) Mobile Home Park 1.0 hectare b) Mobile Home Lot 344.0 square metres c) Mobile Home Site 344.0 square metres 4.3 MINIMUM FLOOR AREA 55.5 square metres 4.4 MINIMUM FRONTAGE a) Mobile Home Lot 11.3 metres b) Mobile Home Site 11.3 metres 4.5 MINIMUM YARD 3.0 metres 4.b MAXIMUM DENSITY 16 dwellings per hectare 4.8 OPEN SPACE AREA 5 percent of the gross area of the mobile home park 1. !0 d) there is no equipment used, the operation of which would result in any undue noise, fumes, dust, or odour escaping to any adjoining use; e) the home occupation does not occupy more than 25 percent of the total floor area of the mobile home or more than 20.0 square metres of an accessory building. SECTION 4 — MOBILE (R2) ZONE REGULATIONS 4.1 PERMITTED USES mobile home park one mobile home on one mobile home lot or on one mobile home site accessory uses home occupations 4.2 MINIMUM LOT AREA a) Mobile home park 1.0 hectare b) Mobile home lot 340.0 square metres c) Mobile home site 340.0 square metres 4.3 MINIMUM FLOOR AREA 55.5 square metres 4.4 MINIMUM FRONTAGE a) Mobile home lot 11.2 metres b) Mobile home site 11.2 metres 4.5 MINIMUM YARD 3.0 metres 4.6 MAXIMUM DENSITY 16 dwellings per hectare 4.8 OPEN SPACE AREA 5 percent of the gross area of the mobile home park • Fj EXPLANATORY NOTE OF BY-LAW NO. 553'"Ord a) The purpose of By-law N0.8i-°1of the Village of Port Burwell is to provide zoning regulations for a mobile home park on the east side of Elizabeth Street in Lot 13, Concession 1 of the Village of Port Burwell. b) The effect of By-law No.1�3-03 will be to permit and regulate the development of a mobile home park on the lands shown on Schedule "A" to this By-law. By-law No. 8 i4-va will facilitate the development of a mobile home park consisting of a maximum of sixteen (16) mobile home sites all of which will remain under the ownership of the mobile home park operator. The Offic}al Plan of the East Elgin Plannin Area designates the lands subject to By-law Nn. �-01 as Residential. by-APWA✓C 83-a! A 'G)iTEPQrA1COA,iTRc1- HRc-p is also being processd with By-law No. gS-oa in order that the proposed mobile home park will conform to the Official Plan which currently stipulates that mobile home parks must contain a minimum of twenty (20) mobile home dwellings. READ A FIRST and SECOND time this �h READ A THIRD TIME AND FINALLY PASSED THIS ' 1 13 day of uu«y, 19839 DAY OF L�C.tul1��/t 1983, • 6 11 NOTICE OF APPLICATION to the Ontario Municipal Board by The Corporation of the Village of Port Burwell for approval of a by-law to regulate land use passed pursuant to Section 39 of The Planning Act. TAKE NOTICE that the Council of the Corporation of the Village of Port Burwell intends to apply to The Ontario Municipal Board pursuant to the provisions of Section 39 of The Planning Act for approval of By-law No.63-Wpassed on the 1-1 -01 day of -:�SAkAU AZ� , 198�. A copy of the by-law is furnished herewith and a note giving an explanation of the purpose and effect of the by-law and stating the lands affected thereby is also furnished herewith. ANY PERSON INTERESTED MAY, within twenty-one-(21) days after the date of this notice, send by registered mail or deliver to the clerk of the Village of Port Burwell notice of objection to approval of the said by-law or any part thereof giving details of all or the portion of the by-law to which you object and detailed reasons therefor, and shall indicate that if a hearing is held the objector or an agent will attend at the hearing to support the objection. ANY PERSON wishing to support the application for approval of the by-law may within twenty-one (21) days after the date of this notice send by registered mail or deliver to the clerk of the Village of Port Burwell notice of his support of approval of the said by-law together with a request for notice of any hearing that may be held giving also the name and address to whom such notice should be given. THE ONTARIO MUNICIPAL BOARD may approve of the said by-law but before doing so it may appoint a time and place when any objection to the by-law will be considered. Notice of any hearing that may be held will be given only to persons who have filed an objection or notice of support and who have left with or deliver,ad to the clerk undersigned, the address to which notice of hearing is to be sent and, similarly, to any person who has filed a request for a change in the provisions of the by-law. THE LAST DATE FOR FILING OBJECTIONS will be-7 1983. DATED this /%Lh day of �WIUC�I'��y , 1983. Ms. M. E. Smyth Clerk Village of Port Burwell P.U. Box 299 PORT BURWELL, Ontario NUJ 1TO OF PORT BURWELL .E "A" This is Schedule "A" to By-law No. passed the day of 1982. Reeve 0 100 200 300 Metres 6 560 160 Feet PORT BURWELL MOBItp HOME PARK LOT 13, CONCESSION 1 ti 0 10 20 Metres 0 50 100 Feet OLIE MANDRYK, O.C. THOMAS A. HEENEY, !-L. B. Mr. Anthony Lama Box 177 Port Burwell, Ontario NOJ 1T 0 Dear Sir: MANDRYK & HEENEY Passisttm amb Solicitors January 30th, 1984 Re: Village of Port Burwell 65 BIDWELL STREET TILLSONBURG, ONTARIO N4G 3T8 TELEPHONE (519) 842-4228 Enclosed find copy of By-law No. 83-02 passed by the Village of Port Burwell referred to as "Mobile Home Park By-law". This By-law sets out specifically the various rules and regulations regarding Mobile Home Park Zone R-2 which is your Park. I am advised since the Village now will have water��' that it will not be necessary for us to enter into an Agreement with the Village in that regard. Should you have any questions regarding this By- law please advise. Yours truly, MANDRYK & HEENEY Per: Olie Mandryk, Q.C. OM /cmc Encl. BY-LAW NO. VILLAGE OF PORT BURWELL A by-law to MU ulate the use of land and the location of mobile hom(:s in the Village of Port Burwell. WHEREAS the Council of the Corporation of the Village of Port Burwell deems it expedient to implement the Official Plan of the East Elgin Plann)ng Area; and WHEREAS authority is granted under Section 39 of The Planning Act, R.S.U. 1980, subject to the approval of the Ontario Municipal Board, to pass this by-law; NOW THEREFORE TNF. COUNCIL OF THE CORPORATION OF THE VILLAGE UF' PORT BURWELL ENACTS AS FOLLOWS: SECTION 1 - INTERPRETATION AND ADMINISTRATION 1.1 SHORT TITLE This by-law shall be known as the "Mobile Home Park By-law" of the Corporation of the Village of Port Burwell. 1.2 APPLICATION The provisions of this By-law shall apply to those lands outlined in heavy solid lines and marked R2 on the attached Schedule "A", forming part of this By-law. 1.3 SCOPE No lands shall be used and no buildings or structures shall be erected, built, constructed, located, altered or used within the area designated R2 on the attached Schedule "A" except in conformity with the provisions of this Hy -law. 1.4 MINIMUM 1<I•:VtJ1RKPllF:NTS In intk-rpreting and applying the provisions of this by-I,Iw, they are held to be the minimum requirements Ior this lu.muotion of the health, safety, comfort, convonivnce, and jeneral weltare of the inhabitants -I the Municipality. 1.5 MEANING (IF USE Unli-r.s the context <)thcrwise requires, the expression "use" ()r "to use" in this By-law includes anything o-tnr• or 1-<•rmi t t ed by the owner or occupant of any land or buil,llny, directly or indirectly or by or through any tru':l­v,.1,•nant, servant, or agent, acting for or with the knew 14•-:qt• nr c<+nsent of such owner or occupant, lot the 1,urit-e- ­1 t^.ikin_l urae of the said land or buildin.;. 1 .A '. , I ' 9M r In t•' I-. ft,-law, I:It: &.,tn "st'.,I I" nail Alw-i ty r,ri •r rtti I a!- nsan-:Atl►[y. 1.7 A1114 1 K I :,'1 1<A'1I ON This ity-law shall he administered by the building Inspocror or such tither person as the Council Ot th%' Vi 1 1.i•je )I 14t:rwrl l • 2 - 1.8 LICENCES AND PERMITS No permit, certificate or licence shall be issued by the Municipality where the said permit is required for a proposed use of land or a proposed erection, alteration, or use of any building or structure that is in violation of any provisions of this lay -law. 1.9 VIU_LAT_IONS AND PENALTIES Is'very l,ersorf: a) who contravenes any of the provisions of this Isy-1 aw; or b) whb is an owner of any land used -or. of any huilginq or structure erected,, altered, or used in contravention of any of the prov..isions of this by-law; or c) who is the occupant of any land used or of any building or structure erected, altered, or used in contravention of any of the provisions of this By-law; is guilty of an offense and is liable on summary conviction to a fine not exceeding Three Thousand Dollars ($3,000.UO), exclusive of costs, for each offense and every such fine shall be recoverable under The Provincial offences Act, R.S.U. 1980, as amended, and revised, all of the provisions of which apply hereto. 1. 1 U Nil I L111 NGS TO lit MOVED Any ruilding or structure which is moved from one location to another, whether within the R2 Zone or into the K2 Zone from another location, or from any location beyond the boundary of the Municipality, into the R2 'Lone, snail be considered as being a new building or structure and shall comply with the provisions of this by-law. 1.11• INJIINc,riUN Where any building or structure is or is proposed to be erected, altered, or reconstructed, or any building or Dart thereof is or is proposed to be used, or any land is or is proposed to be used in contravention of the provisions of this By-law, the same may be restrained by action at the instance of any ratepayer or of the Municipality pursuant to the provisions of The Plannin,l Act, R.S.O., 1980, 'rhe Municipal Act, R.S.U. 1980_ or The .w.11ca Lire Act, R.S.u. 198U, as amended and revisco t rum t ImO; to time.- — - --- 1 . 1l r t•r Pi r.r r -, I>,I INi, tsY-1 Ak%S frc"% ttiv •f,r"tn,j into turc•e of this tfy-law, All ptt•vt• us :,y- I... ; c,•1•lyiny to the lands nesiynated "kl" on one at i.e. n,•ct :•,Lhvitule "A" and passed under Section 39 of Tne I•I:.nniny .Act - ct! .k.ti.u., IVdU or a predecessor thereat, shall be ocemeo to have been repealed except to the extent that any of the said by-laws prohibits the use of any land, building or structure for a purliose that is also prohibited by this by-law. 16 • - 3 - a 1.13 APPLICATION OF OTHER by -LAWS Nothing in this by-law shall serve to relieve any person trom the obligation to comply with the requirements of any other by-law of the Municipality in force from time to time or the obligation to obtain any license, permit, authority or approval required under any by-law of the Municipality. 1.14 VAL.II)ITY Should any section, clause, or provision of this liy-law be held by a court of competent jurisdiction to twe invalid, the validity of the remainder of the by-law shall not be affected. 1.15 EF'F'EC:TIVE DATE This by-law shall, upon approval of the Ontario Municipal board, come into full force and effect as of the date of passing hereof. SECTION 2 - D,F'INITIONS 1.1 ACCESSORY, shall mean a use, a building or structure that is normally incidental, subordinate and exclusively devoted to a main use, building, structure or mobile home and that is located on the same mobile home lot or mobile home site. 2.2 BUILDING, shall include any structure whether temporary or permanent, used or intended for sheltering any use of occupancy but shall not include a boundary wall or fence, travel trailers, company trailer, truck camper, mobile home, motor home or tent. 2.3 BUILDING INSPECTOR, shall mean the officer or employees of the Municipality for the time being charged with the duty of enforcing the provisions of the building by-law. 2.4 DWELLING, shall mean a mobile home as defined in this by-law. 2.5 t:REC:T, shall include building construct, reconstruct, alter and relocate and, not to limit the generality of the toregoing, shall be taken to include any preliminary physical operation such as excavating, yraoing, piling, cribbing, tilling or draining, structurally altering any existing budding or structure t,y an addition, deletion, enlargement or extension. 1.h tLOOk AREA, shall mean the sum of areas of all floors of a dwelling measured trom the outside of all exterior walls exclusive of any attic, basement, garage, verandah, parch or sunroom unless such enclosed porch or sunroom is an integral part of the building ana hahitab Le in all seasons, and excluding any tloor area with a ceiling hei,jht of less than two ( 2 ) metres. 2.7 F'kONTA(:E, shall mean the horizontal distance alone a municipal street or road of the front lot line c,t a mobile home lot or mobile home site. 2.8 FRONT LUT LINE, shall mean the boundary line alone a municipal street or road of a mobile home lot or mobile home site. 2.9 HOME OCCUPATION, shall mean an occupation for gain or support conducted entirely within a dwelling as a secondary use and only by members of the family residing on the premises plus not more than one (1) assistant who is not a resident of the said dwelling. 2.1U MOBILE HOME, shall mean any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer or trailer therwise designed. a) MUBILE HOME, SINGLE-WIDL, shall mean a mobile home unit designed to be towed in a single load. b) MOBILE HOME, DOUBLE -WIDE, shall mean a mobile home consisting of two sections, separately towable, but•des-igned to be joined together into one integral unit. c) MO HILL HOME, EXPANDABLE, shall mean a single wide mobile home incorporating parts which may be folded, collapsed or telescoped during transportation and extended to provide additional space at the mobile home site. 2.11 MOBILE HOME LOT, shall mean a parcel of land which is described in a deed or other document legally capable of conveying land, or a parcel of land which is shown as a lot or block on a registered plan of subdivision and which is intended for the placement of a mobile home. 2.12 MOBILE: HOME PARK, shall mean a parcel of land under single ownership and management which has been planned and improved for the placement of mobile homes. 2.13 Monll.F: HOME SITE, shall mean an area of land within a mobile home park that is intended to be occupied by one mobile home and which may be owned by the occupant of the mor)ile home or by the owner of the mobile home Park. ;e.14 MUNICIPALITY, shall mean the Corporation of the Village of hurt Burwell. 2.15 NUN -COMPLYING, shall mean that which does not conform, comply or agree with the regulations of this By-law as of the date of tinal passing thereof. 2.1b NON-CONFJkMING, shall mean a use which is not a use permitted in the zone in which the said use is situated. 2.17 1N't 1 l .1 Y, shall moan to reside in As owner or t.•nant .n a i ru•.ulvnt or t empot .try t►as i s. 4.10 1,WAN. •'.All the ternon wl.o twtlds legal tltlo to A � i.••.• t �t•,gtty. d.114 .•+1l +rsn t''1011tod t•i trite My -law. t.lu ►•tr>•1►r., %hall include an inoiviAval, an assoclattun, a firm, a partnership, on ineorporateo company, municipal cori••orat ion, ayt:nt or trustee ano their heirs, executors, or other legal representatives of a person to whom thu context of this by-law can apply according to law. - 5 - 2.21 PUBLIC AUTHORITY, shall mean any school board, public utility commission, transportation commission, public library board, board of parks management, board of health, board of commissioners of police, planning boards or commission or committee of local authority established or exercising any power or authority under any general or special Statute of Ontario with respect to any of the affairs or purposes of a municipality or a portion thereof, and includes any committee or local authority established by by-law of the Council. 2.22 STRUCTURE, shall mean any material, objects or work erected as a unit or constructed or put together of connected or dependent parts or elements whether located under, on, or above the surface of the ground, but does -not include a sign, a tence, a swimming pool or a mobile home. 2.23 USE, (when used as a noun) shall mean the purpose for which any land, building or structure is designed, arranged or intended to be occupied or used, or for which it is occupied, used or maintained. 2.24 YAkU, snail mean an open space on a mobile home site or molyile home lot, appurtenant to a mobile home, and which remains unoccupied and unobstructed. SECTION 3 - (;t:NEKAL PRUVISIUNb 3.1 INTEW)RKTATIUN ul•• ZONE BOUNDARIES 'Lone t,oundaries are interpreted as follows: a) lot lines which define the mobile home park; b) the centre line of a street which runs through or adjacent to the mobile home park; c) where the zone boundary is left uncertain atter application of the provisions of sections 3.1 a) and b) of this By-law, then the boundary line shall be determined according to the scale on Schedule "A" to this by-law. 3.l Ac:CESSUkY USES Accessory uses, buildings, or structures shall not be used for human habitation; shall not exceed 3.t) metres in hoi.jht; and.shall not be considered as an accessory hu1111►n•J it attached to the mobile home in any way. .►. .• .►t ions st.al l : v a�.h,�•. t to the tt'l lowltl, 1•r►►v l t. l - to. t nl t. ►M •,. 4,c•tr,A1 d►go. Iay or Adva11 lncnor,t •'.t ,h , 1 a •a•►Mon aa8e ut Orw 114111 ••) ,u.�ta want*l t►) Iht•te le W outS►de stttray• Of materials, containers, or tlnlsh*d productel c) the character of the dwelling as a private residence does not change, or a public nui5;►nce particularly in regard to noise, traffic or larking is not created; 16 d) e) there is no equipment used, the operation of which would result in any undue noise, fumes, dust, or odour escaping to any adjoining use; the*home occupation does not occupy more than 25 percent of the total floor area of the mobile home or more than 20.0 square metres of an accessory building. 1 SECTIUN 4 - MUBILE HUME (kL) ZUNE REGULATIONS 4.1 PERMITTED USES mobile home.park one mobile homt on one mobile home lot Or on one mobile home site 4.2 4.3 4.4 4.5 4.6 4.8 accessory uses home occupations MINIMUM LOT AREA a) Mobile Home Park 1.0 hectare- b) Mobile Home Lot 344.0 square metres c) Mobile Home Site 344.0 square metres MINIMUM FLUOR AREA 55.5 square metres MINIMUM FRONTAGE a) Mobile Home Lot 11.3 metres b) Mobile Home Site 11.3 metres MINIMUM YAkU 3.0 metres MAXIMUM DENSITY 16 dwellings per hectare OPEN SPACE AREA 5 percent of the gross area of the mobile home park M 11 -6- d) there is no equipment used, the operation of which would result in any undue noise, fumes, dust, or odour escaping to any adjoining use; e) the home Qccupation does not occupy more than 25 percent of the total floor area of the mobile home or more than 20.0 square metres of an accessory bui fling. SECTION !, - MOBILF (R2; ZONE REGULATIONS L.1 PERMITTED USE) mobile home park one mobile home on one mobile home lot or on one mobile home site accessory uses home occupations 4.2 MINIMUM LOr AREA a) Mobile home park 1.0 hectare b) Mobile home lot 340.0 square metres c) Mobile home site 340.0 square metres 4.3 MINIMUM FLOOR AREA 55.5 square metres 4.4 MINIMUM FRONTAGE a) Mobile home lot 11.2 metres b) Mobile home site 11.2 metres 4.5 MINIMUM YARD 3.0 metres 4.6 MAXIMUM DFNSITY 16 dwellings per hectare 4.8 OPEN SPACE AREA 5 perront. of the gross area of the mobile home paric EXPLANATORY NOTE OF BY-LAW NO. 'R' "U''� a) The purpose of By-law No. S5-`Jof the Village of Port Burwell is to provide zoning regulations for a mobile home park on the east side of Elizabeth Street in Lot 13, Concession 1 of the village of Port Burwell. b) The effect of By-law No.c<24•u-) will be to permit and regulate the development of a mobile home park on the lands shown on Schedule "A" to this By-law. By-law No. qi will tacilitate the development of a mobile home park consisting of a maximum of sixteen (16) mobile home sites all of which will remain under the ownership of the mobile home park operator. The Official Plan of the East Elgin Plannin Area _ designates the lands subject to By-law N-. V,"01 as , ,tireicc�i7Rcl- HRta r�`r �-.'a�, ' Residential. by-AAt"�A is also being processd with By-law No. SSA o% in order that the proposed mobile home park will conform to the Official Plan which currently stipulates that mobile home parKs must contain a minimum of twenty (20) mobile home dwellings. READ A FIRST and SECOND time this READ A THIRD TIME AND FINALLY PASSED THIS REEVE day of ?!/:„,7 /, 1983. DAY OF " ;', 1983• CLERK 1• 0 E OF PORT BURWELL LE "A" This is Schedule "A" to By-law No. passed the day of 1982. eve C%rK 0 100 200 300 Metres --T 0 500 1000 Feet PORT BURWELL MOBIo HOMF PARK .LOT 13, CONCE40 SSI1 1 0 10 20 Metres � - 1 0 50 100 Feet THE CORPORATION OF THE VILLAGE OF PORT BURWELL By -LAW NO. ° A By-law for stopping up a highway within the Village of Port Burwell WHEREAS under Section 298 (1) of The Municipal Act, R.S.O. 1980, Chapter 302, this Council is empowered to pass a by-law for stopping up of any highway or part of a highway within the municipality. -,ND WHEREAS the requirements of•Section 301 of The Municipal Act concerning publication of notice of the proposed by-law have been duly complied with. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell hereby enacts as follows: 1. That part of Chatham Street, in the Village of Port Burwell, being the road allowance between Lots 10 and 11, Concession 1, in the Geographic Township of Bayham, now in the Village of Port Burwell, in the County of Elgin, more particularly described as'PART 3, PART 4 and PART 5, according to Reference Plan deposited in the Registry Office for the Registry Division of Elgin (No. 11) on September 9th, 1982 as Plan 11R-2446, is hereby stopped up and closed. 2. This by-law shall not take effect until it has been approved by the Minister of Housing pursuant to Section 298 (3) of The Municipal Act. FIRST READING 17 11, 'd—on" ,Ir SECOND READING READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS �y DAY OF 0/20-,,1,, , , , 1983. Jack Sfnyty; Reeve Smy C r THE CORPORATION OF THE VILLAGE OF PORT BURWELL By —LAW NO. 2S,3 -U 3 A By-law for stopping up a highway within the Village of Port Burwell WHEREAS under Section 298 (1) of The Municipal Act, R.S.O. 1980, Chapter 302, this Council is empowered to pass a by-law for stopping up of any highway or part of a highway within the municipality. AND WHEREAS the requirements of Section 301 of The Municipal Act concerning publication of notice of the proposed by-law have been duly complied with. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell hereby enacts as follows: 1. That part of Chatham Street, in the Village of Port Burwell, being the road allowance between Lots 10 and 11, Concession 1, in the Geographic Township of Bayham, now in the Village of Port Burwell, in the County of Elgin, more particularly described as PART 3, PART 4 and PART 5, according to Reference Plan deposited in the Registry Office for the Registry Division of Elgin (No. 11) on September 9th, 1982 as Plan 11R-2446, is hereby stopped up and closed. 2. This by-law shall not take effect until it has been approved by the Minister of Housing pursuant to Section 298 (3) of The Municipal Act. FIRST READING SECOND READING READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS y' DAY OF , 1983. Jack t , Reeve ar Smyth, C er Certified to be a true and correct copy., Mary Smyth, erk Approved under subsection 3 of section 298 of Tile MLnicipal Act. 16 D. P. McHUGH, Director Plcns Adminis?ration Branch Central and Southwest Ministry of Municipal Affairs and Housing This - Uil- day of 47�_, 19_a D-d. —th—t 8� ... I C.—M3 Form t 16? made in duplicate the 26th day of April one thousand nine hundred and eighty-three. In Iiursuunrr of Or Short Norms of (Eonurganrrs Art: Aettneen and THE CORPORATION OF THE VILLAGE,OF PUZ BURWELL, hereinafter called the "Grantor" OF THE FIRST PART HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT, hereinafter called the "Grantee" OF THE SECOND PART WHEREAS By -Law No. 83-03 of The Corporation of the Village of Port Burwell stopping up and closing a certain road allowance, including the herein described lands, as approved by the Minister of Municipal Affairs and Housing, was registered in the Registry Office for the Registry Division of Elgin on April 15, 1983 as Number 249857. W tne9getb that in consideration of other valuable consideration and the sum of Two --------------- ($2.00)--------------------- Dollars now paid by the said Grantee to the said Grantor, the receipt whereof is hereby by him acknowl- edged, he the said Grantor DOTH GRANT unto the said Grantee in fee simple THOSE lands and premises located in the following municipality, namely. in the Village of Port Burwell, in the County of Elgin, and being composed of ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the Village of Port Burwell (formerly in the Geographic Township of Bayham) in the County of Elgin, in the Province of Ontario and being composed of part of the Road Allowance between Lots 10 and 11, in Concession 1 of the said Township, being that portion as designated as Parts 3 and 4 on Ministry of Government Services Plan 640-8L, being a Reference Plan deposited in the Land Registry Office for the Registry Division of Elgin (No. 11) as Plan 11R-2446. . •ad Gllbem Limited Deed. without Spousal Conant Clau" tlN Pea• 2 Tuly. 1" TO HAVE AND TO HOLD unto the said Grantee, his heirs, executors, administrators. successors and assigns to and for their sole and only use forever. SUBJECT NEVERTHELESS to the reservations, limitations, provisoes and conditions expressed ir. the original grant thereof from the Crown. The said Grantor COVENANTS with the said Grantee that he has the right to convey the said lands to the said Grantee notwithstanding any act of the said Grantor. AND that the said Grantee shall have quiet possession of the said lands free from all encumbrances. AND the said Grantor COVENANTS with the said Grantee that he will execute such further assurances of the said lands as may be requisite. AND the said Grantor COVENANTS with the said Grantee that he has done no act to encumber the said lands. AND the said Grantor RELEASES to the said Grantee ALL his claims upon the said lands PROVIDED that in construing these presents the words "Grantor" and "Grantee" and the pronouns "he", "his" or "him" relating thereto and used therewith shall be read and construed as "Grantor" or "Grantors", "Grantee" or "Grantees", and "he", "she", "it" or "they", "his", "her". "its" or "their", or "him", "her", "it" or "them", respectively, as the number and gender of the party or parties referred to in each case require, and the number of the verb agreeing therewith shall be construed as agreeing with the said word or pronoun so substituted. IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and seals. Btgnrh. Sralrh anh $rlturrrh THE CORPORATION OF THE VILLAGE OF IN THE PRESENCE OF PORT BURWELL e - / /` T R YI.moo z e 1 ar7c AFFIDAVIT OF SUBSCRIBING WITNESS I, of the in the make oath and say: •see footnote 1 am a subscribing witness to the attached instrument and I was present and saw it executed at by •ser footnote I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the this day of A COMMISSIONER FOR TAKING AFFIDAVITS. ETC • Where a party M —able to read the evtrKment or where a party woos by Rak-u bur eaark or en foreign ehoractrer add "after ieernxenent kad berK read to Aim and he appeared fully to Kaderrtand It". Where a reared —drr, a power of an—V enarrt "(eeame of attarMW) a. attorney foe telame of party)"; and 1- tid ,I.— eabrtltedr "I verily bel— that CA, Xenon whore npnatK.r I wt—md war artAonied to e—ule W ieMtrwment ar attorney for (name)". w 14 U � a a H W x H w O � 00 11 N QH W El t-� a ne °a x Q H U0 w ca F o EI �>4wz a O -t HH> f` �4 — z W W ` m w w LT �4 as F I o F 0 w tx w J :r ° +� Q tZ I F to ,� F 0 Q a ! . •r. EI O E4 cn H U",' tit ro � g Q` haz\ C�1 [ `o t;I f� A W ° n W � xoF IS S a i w m Q to U >4 a 4O U 0 to 4J O O d ro rn 4 ro C •-t z 0 0 O GL O .A �4 UI th to Lt CO .-t Jca nE~z L LI ^ � z°c J v l.► .. U CDpF.-- z; o �ZD c ' G Q �' s LL.J L1J [� C/) LLJ W NoilvN1S10111d !O I1V3i1JILNIJ .0, OIAIIISIIt IQ 01 I7VdS a,N1 R' K I W x W Q W W H W z U. V1 0 Ut Al z J t � C 0 z r W I W R J GIBSON, LINTON, TOTH & CAMPBELL 16wnistrrs xna $aliri.ters ` 36 GROADWAY TILLSONBURG, ONTARIO DONALD M. GIBSON. O.C. IAN R. LINTON. O.C. N4G 3P1 AREA CODE S19 B ERNARO TOTH, O.C. TELEPHONE 842-3658 S COTT K. CAMPBELL January 19, 1983. Village of Port Burwell, P. O. Box 299, Port Burwell, Ontario. NOJ 1TO Attention: Mary E. Smyth Dear Sirs: Re: By -Law, Chatham Street Road Closure (#2100-3) Further to your letter of January 7th and our recent telephone conversation, we are enclosing four copies of the proposed by-law for closing this street. If you wish to return to us one certified copy of the by-law after it has been passed we will attempt to obtain the approval of the Minister of Housing thereto. IRL/ke Encls. Yours truly, IAN R • THE CORPORATION OF THE VILLAGE OF PORT BURWELL By -LAW NO. -6 3 A By-law for stopping up a highway within the Village of Port Burwell WHEREAS under Section 298 (1) of The Municipal Act, R.S.O. 1980, Chapter 302, this Council is empowered to pass a by-law for stopping up of any highway or part of a highway within the municipality. AND WHEREAS the requirements of Section 301 of The Municipal Act concerning publication of notice of the proposed by-law have been duly complied with. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell hereby enacts as follows: 1. That part of Chatham Street, in the Village of Port Burwell, being the road allowance between Lots 10 and 11, Concession 1, in the Geographic Township of Bayham, now in the Village of Port Burwell, in the County of Elgin, more particularly described as PART 3, PART 4 and PART 5, according to Reference Plan deposited in the Registry Office for the Registry Division of Elgin (No. 11) on September 9th, 1982 as Plan 11R-2446, is hereby stopped up and closed. 2. This by-law shall not take effect until it has been approved by the Minister of Housing pursuant to Section 298 (3) of The Municipal Act. FIRST READING k SECOND READING READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS5/�lh DAY OF ��,;,, �, 1983. Jack Sm h, eeve Y (-Mapq Smyth, C r 1 ( THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY LAW # `66 - (L V Being a by—law to ebtablish a Penalty Charge for Non —Payment of current Taxes and to provide for Interest to be added to Tax Arrears. WHEREAS under the Provisions of the Municipal Interest and Discount Rates Act, 1982, a municipality may impose penalties on overdue taxes in 1983; AND WHEREAS a municipality may impose an interest charge on tax arrears: AND WHEREAS the prime rate of interest of the Canadian Imperial Bank of Commerce on this /`I 'day of February 1983, is 11 ,%. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell ENACTS: 1) That overdue taxes are those taxes that are levied in 1983 and are not paid on or before the day payment is due; 2) That tax arrears are taxes that are due and unpaid after December 31st of the year in which they were levied; 3) That the penalty charge to be added to overdue taxes and the interest charge to be added to tax arrears shall be /t� % per annum. 4) That the percentage charge as a penalty for non—payment of current taxes shall be imposed on the first day of default and on the first day of each calendar month thereafter in which default continues, but not after December 31, 1983; 5) That the Corporation shall give notice of the penalty rate to be imposed under Secitons 3 and 4 of this by—law in accordance with subsection 6 of Section 386 of the Municipal Act, R.S.O. 1980, Chapter 302; 6) That the treasurer shall add to the amount of all tax arrears due and unpaid, interest as specified in section 3 of this by—law at the rate of /•as % per month for each month or fraction thereof from the day this by—law takes effect; 7) This by—law shall take effect on February 1, 1983. READ a first, second and third time and finally passed this /'4 (hday of February 1983. i' Reea �. � �y?GfL........... r Jack Smyth/ y/ •••. tilt •i • h •f........ Cle , Mry E. Smyth 1. THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY LAW # Being a by—law to establish rates of pay to municipal employees and remuneration to Head and members of Council. The Council of the Village of Port Burwell ENACTS AS FOLLOWS: 1. THAT the wages for village employees be established as follows: a. Clerk Treasurer $ 12,785 yearly b. Secretarial $ 5.25 per hour c. Roads Foreman $ 8.60 per hour d. Roads employees, other than Roads Foreman - $ 5.00 per hour 2. THAT the Head and Members of Council receive the following remunerations: a. Reeve $ 55.00 per meeting and $ 55.00 per day for conferences attended, including those out of municipality b. Council $ 45.00 per meeting and $ 45.00 per day for conferences attended, including those out of municipality 3. THAT the following benefits be established for municipal employees: a. Clerk Treasurer: OHIP — 100% to municipality Vacation = two weeks per year Sick Days — twelve days per year with 1/2 carry oveFr%a k - excrcd Other — $35.00 per council meeting $ .25 per Kilometer of car use, plus expenses for room, meals, mileage, remuneration and conferences, etc. b. Roads Foreman OHIP — 100% to municipality Vacation — three weeks per year ( m sl Sick Days — twelve days per year with 1/2 c over rat. -lo rXt,r00 Other - $ .25 per Kilometer of car use Q�NS thf,r �'", Meu15 ,rr"\c.. , te""'� 'u�tn enQ C{t�rrir�Yc.•� �r}C . c. ;xerebar9 $ .25 per Kilometer of car useu he,; t„_ puaY��,, ; •rid �J��1o�� 4. THAT the following benefits be established for Head and Members of Council: a. Reeve: $ .25 per Kilometer of car use, plus expenses for room, meals, mileage, remuneration, registrations fees, and conferences, etc. b. Council:$ .25 per Kilometer of car use, plus expenses for room, meals, mileage, remuneration, registration fees, and conferences, etc. 5. THAT the above mentioned rates of pay and benefits are effective 1 January, 1983. READ A FIRST TIME A SECOND TIME I A THIRD TIME AND FINALLY PASSED AND CARRIED THIS „� y DAY OF FEbft/041�y.1983, A.D. ..... ! .. 4( .................. Jack Smyth l CLERK, Mary E. Smyth THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY LAW # ( Being a By-law to license and regulate dogs ) WHEREAS Section 354(1) of the Municipal Act authorizes the enactment of a by-law for prescribing the licensing and regulating of dogs within a municipality; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows; THAT no person shall suffer or permit any dog of which he,is the owner or custodian to run at large or trespass on any property within the Village of Port Burwell. THAT every dog within the Village of Port Burwell, when not visibly confined or restrained to the dwelling or property of its' owner or of the person having the care and custody of the same, shall at all times be restrained upon a leash in charge of some person. THAT an animal dog tax shall be levied upon every person who is the owner or custodian of any dog. THAT in each year starting in 1983 on or before the 28th day of February every person who is the owner or custodian shall procure from the Dog Licensing Officer a tag for each dog in the amount of which he is liable for the dog tax and shall keep the tag securely fixed on the dog at all times during the year and until he procures a tag for the following year, excepting that the tag may be removed while the dog is being lawfully used for hunting in the bush. THAT the amount of tax be established as follows: For each male or spayed dog $ 5.00 For each female dog $10.00 THAT the tags shall bear a seri t1 jj1.ber and the year in which it was issued and a record shall be kept by the Dog�O�fcer showing the name and address of the owner, the serial number of the tag, and the amount of the fee paid in respect of the tax. THAT a canine control officer, appointed by the Council of the Village of Port Burwell, may seize any dog found at large contrary to this By-law. THAT any person who contravenes or fails to comply with any of the provisions of this By-law shall be quilty of an offence, and upon conviction, shall forfeit and pay, at the discretion of the convicting judge, a penalty of not more than $35.00 exclusive of costs for the first offence, and $50.00 exclusive of costs for each subsequent offence, and the same shall be recoverable under the provisions of the Provincial Offences Act, 1979, as amended. THAT any By-law not consistent with the provisions of this By-law be and is hereby repealed. Read a first and second time this // day of /`tip C' , 1983 A.D. Read a third time and finally passed and carried ;thish/ /`/�fi dayof%'�C�Y1963. A.D. ack St►4►th - Reeve/., A/_ Le .... • .:. 1W • 1 . .. ... Mary E. Sif hl - Clerk. 1 THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY LAW # A By-law to license vehicles from which refreshments are sold for consumption by the Public WHEREAS under the Municipal Act councils of municipalities may pass by-laws to license, regulate and govern vehicles from which refreshments are sold for the consumption of the public; and WHEREAS it is deemed expedient for the Council of the Corporation of the Village of Port Burwell to ENACT such a by-law; NOW THEREFORE the Council•of the Corporation of the Village of Port Burwell ENACTS AS FOLLOWS; 1. That for the purposes of this by-law vehicles include motor vehicles, trailers, traction engine, tractors, and any vehicle driven, or driven by any or kind of power including muscular power. 2. That no person shall sell refreshments for the consumption by the Public from a vehicle without a license for this purpose issued by the Council. 3. No Mobile Booths shall be parked on any street or on the East Beach. 4. Licenses shall be sold only to persons who pay business tax or property tax in the Village of Port Burwell. 5. Must comply with all Health Regulations. 6. The fee for a license under this By-law shall be $300.00. 7. Every license issued under this by-law shall be for one year and unless sooner revoked shall expire on the 31st day of December next following the date of its issue. 8. Any person convicted of a breach of any of the provisions of this by-law shall be subject to a penalty of not more than $1POO.00 exclusive of costs for each offence and the same shall be recoverable under the Provision of the Summary Conviction Act. 9. This By-law repeals and supercedes all other by-laws which contravene the above provisions. 10. This By-law shall come into effect and take force on the day of passing thereof. READ A FIRST TIME, READ A SECOND TIME, ,, READ A THIRD AND FINALLY PASSED THIS 0I DAY OF RtH 1983, A.D. t�,A� ck Sapith -Reeve Mary'E Smyth - CleTk THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY LAW # S-3 . o A By-law to authorize the carrying on of a program of Recisation within the meaning of the Regulations under the Ministry of Culture and Recreation Act, 1975 to provide for operation, maintenance and management of parks and to provide for the establishment, operation, and maintenance of Community Centres pursuant to the Community Centres Act and the Regulations made there -under. The Village of Port Burwell Enacts as follows: 1. Pursuant to Regulations made under the Ministry of Culture and Recreation Act, 1975, a program of Recreation is hereby established for the residents of the Municipality. 2. The said board shall consist of not less than (7) seven members appointed from time to time by By-law of Council and for a term stated therein, all of whom shall be residents of the Municipality and two of whom shall be members of the Municipal Council. The term of the board shall run up until the 31st day of December, 1985. 3. The members shall be: 1 Jack Smyth - Ex-officio 2 Brydon Guest - Councillor 3 Ted Shelly - Councillor 4 Hugh Brooks - Secretary Treasurer 5 Gord Loucks - Chairman 6 Shirley Manion 7 Ruth Jackson 8 Tom Millard 9) Fred Geddes 10) Ed Epple 4. This By-law repeals and supercedes all other By-laws which contravene the above provisions. READ a first, second and third time, finally passed and carried this day of 1 0HRc H , 1983, A.D. J&ck Smyth - Reeve. Village of Port Burwe Mary E. Smyth - Clerk. LI THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY LAW # 1 (Being a By -Law to appoint a dog catcher for the Village of Port Burwell) THAT the Council of the Village of Port Burwell appoint Mrs. Michele Noury on a six month trial basis for dog patrolling in the Village of Port Burwell. THAT Doug Walters work as her assistant. THAT her rate of pay be $22.50 per hour, plus a $65.00 a month retainer fee and a $35.00 charge to the Village of Port Burwell for each unclaimed dog. THAT Michele Noury to patrol the Village four (4) hours a week. THAT the Village of Port Burwell is to retain all fines. (see resolution no. 2 passed on the 14th day of February, 1983) THAT this By -Law comes into force and takes effect on the day of the final passing thereof. Read a first, a second and a third time and finally passed this %1 day of A p-A�n 1983. ; Mary Eq Smyth, CLERK C'. THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO.� A By-law with respect to the calculations of 1983 taxes and collection of same. The Council of the Corporation of the Village of Port Burwell enacts as follows: THAT the 1983 mill rates be established as follows: I / Village County Public School Separate School Secondary School TOTAL PUBIJ C Residential Commercial 84.261 99.130 18.997 22.243 57.848 68.056 45.407 0 206.423 242.849 SEPARATE Residential Commercial 84.261 99.130 18.907 22.243 6o.083 70.686 45.407 53.420 208.658 245.479 THAT the ir:�tallment due dates be August, October, and November. THAT the penalty applied to late payments be established at 1.25% day after due date plus 1.25% 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 t:iat 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 ') 7 C DAY OF Ci 1983, A. D. n �ack Smyth - Reeve Mary E. Smyth - Clerk THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. i ; - / / Being a by-law to appoint a by-law enforcement officer in charge of canine control. WHEREAS an agreement is proposed between the Village of Port Burwell and Mrs. Michelle Noury, for the catching, impounding and disposal of dogs and a schedule of fees therefor: NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1) That Mrs. Michelle Noury is hereby appointed as by-law enforcement in charge of canine control for the Village of Port Burwell. 2) Mrs. Noury's premises is hereby designated as the pound for the purposes of impounding such animals from time to time, and Mrs. Noury shall see that all dogs impounded are properly watered and fed and the poundkeeper shall provide suitable enclosed quarters for all dogs delivered to her. 3) That Mrs. Noury shall be paid such payments for services provided as outlined by the agreement attached here to as schedule "A" to this by-law. 4) That Mrs. Noury shall operate in accordance with instructions as outlined by the attached schedule "B" to this by-law. 5) That Mrs. Noury shall impound all dogs running at large, subject to the right of the owner, possessor or harbourer, to redeem the same within 96 hours from time of capture by paying for the use of her pound facilities. All dogs impounded under this by-law, if not redeemed within 96 hours after such impounding, may be destroyed in a humane manner or sold at the discretion of Mrs. Noury. 6) That the by-law enforcement officer in charge of canine control shall have dog tags available to sell to owners of untagged dogs. 7) That no citizen, regardless of proof of ownership, shall have any claim on Mrs. Noury, if any animal is destroyed or otherwise disposed of by her due to sickness, viciousness or other causes. 8) That any other by-law which contravenes this by-law is hereby repealed. READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED AND CARRIED THIS `3 f� DAY OF % , 1983. IV R*VE - Jack Smyth Village of Port Burwell n CIM-TREASURER - Mary E. Smyth i I SCHEDULE "A" TO BY—LAW NO. —83. This Agreement madein duplicate this rf r.,L day of i 1983. B E T W E E N THE CORPORATION OF THE VILLAGE OF PORT BURWELL. ( hereinafter called the "Corporation" ) A N D PARTY OF THE FIRST PART. MRS. MICHELLE NOURY. ( hereinafter called Mrs. Noury ). PARTY OF THE SECOND FART. WHEREAS the Corporation has proposed a By—law naming Mrs. Noury as By—law Enforcement Officer -in charge of Canine Control for the Village of Port Burwell, and naming her premises as the pound for the purposes of impounding such animals as required from time to time: AND WHEREAS it is expedient that as and from the date of this Agreement, the Corporation requires such services. NOW THEREFORE, IN CONSIDERATION OF THE PREMISES, MRS. NOURY COVINANTS AND AGREES to and with the Corporation as follows: 1. That Mrs. Noury shall provide animal control service to the Corporation by means of regular patrols on a basis of 4 hours per week with the time and duration of individual patrols left to the descretion of Mrs. Noury. 2. That the Corporation pay Mrs. Noury for this service a monthly retainer fee of Sixty —Fire ($65.00) dollars, plus hourly rate of Twenty —Two ($22.00) dollars. Mrs. Noury will be paid an additional Thirty —Five ($35.00) dollars per dog which must be destroyed. 3. The Corporation agrees to pay for the services rendered on a monthly basis. 4. That either party of this Agreement may request amendment or termination of this Agreement, by giving thirty days notice, in writing, to the other party of this Agreement. 5. That Mr. Douglas Ross Walters, be named as Assistant By—law Enforcement Officer in charge of Canine Control and authorized to act in her capacity, while she is absent from duty. 6. That this contract to commence as of , 1983. CORPORATION OF THE VILLAGE OF PORT BURWELL RE#— Jack Smyth r / i r� CLERK— SURER — Mary, . Smyth e No Witness. Ca ! SCHEDULE "B" TO BY-LAW N0. -83. INSTRUCTIONS TO ANIMAL CONTROL OFFICER 1. Where a dog is found to be running at large, the By-law Enforcement Officer in charge of Canine Control shall attempt to examine the dog for the purposes of determining whether or not it is licenced and whether there is a tag around its neck. If it is safe to do so, she should examine the tag and record the registration in her notebook. 2. If the dog is not tagged, or alternatively, if it is not safe to examine the tag of a licenced dog, then the By-law Enforcement Officer in charge of Canine Control should attempt to follow the dog to its home or to the place which the dog goes. The By-law Enforcement Officer in charge of Canine Control should then make inquiries as to who is the owner of the dog and if a person does admits ownership, then this admission should be recorded in her notebook. If no one admits ownership, then the Bylaw Enforcement Officer in charge of Canine Control must take steps to take possession of the dog and to take -the -dog to the pound. 3. If the registration number is ascertained, then the owner should be interviewed and his or her admission of ownership obtained, and recorded in the officer's notebook. If the owner of the dog admits ownership, then the By-law Enforcement Officer in charge of Canine Control should then attend before the appropriate court official and lay a charge and collect all fines. 4. That the Village of Port Burwell is to retain all fines. L , THE CORPORATION OF THE VILLAGE CF PORT BURWELL BY-LAW NO. ',� - /; (Being a B•I-law with respect to water connection in the Village of Port Burwell). (In this by-law, connection means "installation -of a water line from the water main to the street limit) . Whereas the Corporation of the Village of Port Burwell has entered into an agreement with the Ontario Water Resources Commission for the supplying of water to the Municipality. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows: 1. A Connection Installation charge is hereby imposed upon owners of lands for which a water connection installation is required. 2. The cost for complete connection installation shall be charged to the property owner requesting the connection. 3. That this By-law come into force and effect on the day of the final passing thereof. PASSED IN OPEN COUNCIL THIS DAY OF 1983. - Jack Smyth Village of Port Burwell. CLERK-'"- Ma E. Smyth Village of Port Burwell. 1. BY-LAW NO. OF THE CORPORATION OF THE VI LIAGE OF PORT BURWELL A by-law regulating the use of aublic and private sewers and drains, private sewage dis?osal, the installation and connection of building sewers, and the discharge of waters and wastes into the public sewer system; and providing penalties for violations thereof; WHEREAS the Ministry of the Environment proposes to provide sewage service to the Corporation of the Village of Port Burwell by means of sewage works to be constructed or acquired and operated by the Ministry of the Environment; AND WHEREAS Section 62 of The Ontario Water Resources Act, being Chapter 332 of the Revised Statutes of Ontario, 1970, as amended, provides (inter-alia) that, subject to the approval of the Lieutenant Governor in Council, the Ministry of the Environment may make regulations regulating and controlling the construction, repair, renewal or alteration of plumbing, the material to be used in the construction of, and the location of drains, pipes, traps and other works and appliances that form part of or are connected with the plumbing in any building or structure, and may require municipalities to carry out such inspections with respect to plumbing as may be prescribed; AND WHEREAS Ontario Regulations No. 647 made pursuant to the said Section 62, requires every municipality to carry out such inspections as are prescribed by that Regulation; AND WHEREAS Section 64 of the said Act provides (inter-alia) and where a municipality undertakes, under the regulations made under Section 62 to inspect plumbing, the municipality may pass by-laws for charging fees for the inspections of plumbing and fixing the amount of such fees for requiring the production of plans, for charging fees for the inspection and approval of plans and fixing the amount of such fees, and for the issuing of permits, all as more particularly set out in the said Section 64; AND WHEREAS paragraph 71 of Section 354 of The Municipal Act being Chapter 284, Revised Statutes of Ontario, 1970, as amended, provides that by-laws may be passed by the Councils of local municipalities for making any other regulations for sewage or drainage that may be deemed necessary for sanitary purposes. It L I - 2 - AND WHEREAS paragraoh 75 of the said Section 354 provides that)by-laws may be passed by the councils of local municipalities for charging a fee for the inspection of plumbing, sewers, septic tanks, cesspools, water closets, earth closets, privies and privy vaults where, under this or any other Act, approval or a certificate of compliance or such inspection is required; AI,D VTHEREAS Section 362(a) of The Municipal Act provides that by-laws may be passed by the Councils of local municipalities requiring owners of buildings or any class of buildings in the municipality, or in any defined area thereof, to connect the said buildings to the sewage works of the municipality within a certain specified period of time; AND WHEREAS the council of the municipal corporation of the Village of Port Burwell deems it expedient and desirable to enact a by-law to regulate disposal of sewage and other wastes within the said Municipality. NOW THEREFORE, the municipal corporation of the Village of Port Burwell ENACTS AS FOLLOWS: 1. DEFINITIONS IN THIS BY-LAW SEWAGE WORKS, shall mean all facilities for collecting, pumping, treating and disposing of sewage. MUNICIPALITY shall mean the Corporation of the Village of Port Burwell. SUPERINTENDENT (Inspector), shall mean the Super- intendent (Inspector) of plumbing and sewage works of the Municipality as appointed by council of the Municipality from time to time. SEWAGE shall mean a combination of the water -carried wastes from residences, business buildings, institutions and industrial establishments. SEWER shall mean a pipe or conduit for carrying sewage. PUBLIC SEWER, shall mean that section of the sewer considered to be the main sewer and in which all owners of abutting properties have equal rights and is owned and controlled by the Ministry of the Environment. SANITARY SEWER, shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted. w - 3 - BUILDING SEVTR, drainage piping that connects a service connect three ,feet from building or oth property line. shall mean that part of the outside a building or structure, building drain to the sewer ion and that commences at a point the outer face of the wall of the ar structure and terminates at the SEVER SERVICE CONNECTION, shall mean the extension from the building sewer to the public sewer or other place of disposal. OPERATOR, shall mean the operator of the Ministry Sewage Works employed by the Ministry of the Environment. PERSON, shall mean and include any individual firm, comoany, association, partnership, society, incorporated company, or group, and wherever the singular is used herein it shall also be construed as including the plural. SHALL is mandatory, MAY is permissive. CLERK shall mean the Clerk of the Corporation of the Village of Port Burwell. MINISTRY, shall mean the Ministry of the Environment. 2. JURISDICTION (a) The person or persons appointed by Council of the Municipality will inspect the installation of all building sewers from the building to the street line, and the connection of the building sewer to the sewer service connection, and further, will not permit any illegal connections to be made to the public sewer as set out in this by-law. (b) After construction and installation of the building sewer from the building and the sewer service connection to the public sewer, the owner shall be responsible for the satisfactory operation, cleaning, repairing, reolacement and maintenance of the connection from the property line to the building. 1. r r - 4 - (c) The provisions of this by-law with respect to construction of sewer service connections from public sewer to street line shall not apply for one year after the date of substantial completion of the works as established by the Certificate of Substantial Completion where the connections from the public sewer to the street line are made at the time the public sewers are constructed and installed on the road allowance. (d) The rules and regulations set out in this by-law shall govern and regulate the operation of any system of sewage works owned by the Municipality and shall be considered to form a part of the agreement between the Municipality and the owner or occupant of any building in the Municipality for provision of sewage service to such building and every such owner or occupant by applying for and receiving sewage service from the Municipality shall be deemed to have expressed his consent to be bound by the said rules and regulations. 3. APPLICATIONS FOR PERMITS No person shall make any connection into the Ministry's sewer service connection without first having obtained a permit from the Clerk and such permit shall be called "Sewer Service Connection Permit", as follows :- (a) Application shall be made, in writing, to the Clerk on the form prescribed in quadruplicate, which application shall contain the name of the owner of the lot, the present state of construc- tion (if a new building), a plan in duplicate of the lot showing the point at the street line at which the connection is to be made, the date for the proposed work to be done, the type of waste to be disposed from the sewer and the name of the contractor undertaking the work. (b) Upon receipt of a properly completed application from the owner, or his authorized representative, the Clerk shall issue a permit for the connection to be made by delivering a copy to the Superintendent (Inspector) and the Operator of the Sewage Works. A t - S - 4. PERMIT FEES The following fees are to be paid for a Sewer Service Connection permit at the time the permit is issued. (a) The fee to be paid to the Municipality shall be two ($2.00) dollars and shall accompany the application for the provision of sewage service to each premise as a fee for inspection of the newly -installed building sewer and connection to the sewer service connection. S. BUILDING SEWERS AND CONNECTIONS No connection shall be made to the Ministry's public sewer, except as follows :- (a) Each dwelling must have a separate build- ing sewer, except with the written approval of the Superintendent (Inspector) of Sewage Works and further except where one building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (b) An inspection tee shall be installed in the building sewer at the street line. (c) All connections from the public sewer or the sewer service connection to the building shall be of the following materials:- i) From the street line to the building shall be vitrified clay pipe or asbestos - cement pipe of a 4 - inch minimum diameter sewage pipe; or polyvinyl chloride and acrylonitrile-butadiene-styrene pipe made to Canadian Standards Association Standard B181.2 and B181.1 respectively; or as revised by Ontario Water Resources, Regulation 647. . 1 - 6 - ii) All connections to be approved water -tight. (d) No connection shall be made to a Ministry public sewer or sewer service connection until a permit has been issued for a sewer service connection in accordance with this by-law and no said connection shall be made except by the approval of the Municipality and the Ministry of the Environment. (e) i) All labour and material necessary for the connection of a sewer service connection, from the main sewer to the street line, shall be supplied and paid for by the owner of the dwelling which is to be provided with sewage service where no such sewer service connection exists. All labour and materials necessary for the said connection, from the main sewer to the street line, shall be paid for in advance of the installation by a lump sum charge as set out by the Municipality where the Municipality is requested by the property owner to provide the necessary work and material for said connection. Upon payment, the property owner shall be entitled to such installation by the Superintendent or a person designated by him, subject to the Ministry's approval. ii) All labour and material necessary for the connection of the building sewer from the street line internally, shall be supplied and paid for by the owner, and the owner shall indemnify the Municipality for any loss or dam- age that may occur in the said construction to any third person or to the Ministry's public sewer, water -main or storm sewer./ iii) The owner of any building may request the Superintendent to install the necessary building sewer at the time the sewer service connection for the same building is being installed, and the Superintendent may, if he deems it expedient, install such building sewer upon the owner prepaying to the Municipality the estimated cost of installation of such building sewer. i t _ 7 _ iv) In the event the actual cost of the installation of such building sewer exceeds the amount prepaid to the `Sunici:)ality, the person applying for such installation _shall forthwith, after the completion of such installation, pay to the Municipality the balance of such cost. v) Nothing in this section shall relieve the owner from the obligation of maintain- ing such building sewer in accordance with the provisions of this by-law. vi) A clean -out shall be installed in the building drain as near as practical to the inner face of the wall through which the drain passes or other approved clean -out shall be provided. Every clean -out shall comply with Regulation 647 made under The Ontario Water Resources Act, R.S.O. 1970. (f) A connection shall be made to the public sewer system in compliance with this by-law, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be cleaned, filled, removed or destroyed within a period of ten (10) days after the connection has been made to the public sewer system. (g) No person shall cause or permit the discharge of any storm water, including surface water, groundwater, rain runoff, foundation drain or other subsurface drainage including any unpolluted cooling water or unpolluted industrial process water into the Sewage Works of the Ministry. (h) The building sewer from the building to the Ministry's sewer service connection shall be connected to the building at an elevation below the foundation footings where existing grade will permit. No building sewer shad be laid parallel to within three (3) feet of any bearing wall. The building sewer shall be laid at sufficient depth to afford protection from frost and at uniform grade and in straight alignment, wherever possible. 0 0 (i) All excavations required for the installation of a building sewer shall be by open trench unless otherwise approved by the Super- intendent or Inspector. '111 pipe shall be installed according to Ministry specifica- tions and no back fill shall be placed until the work has been inspected in compliance with Regulation 647. All connections and joints shall be gas -tight and water -tight and all joints in vitrified clay pipe or between such pipe and metals shall be made with approved joining materials. (j) All connections of the sewer service connections into the public sewer shall be made at the "Y" branch, if such branch is available at a suitable location. If the public sewer is twelve inches in diameter or less, and no properly located "Y" branch is available an approved fitting shall be installed in the public sewer at the location specified by the Superintendent or Inspector. Where the public sewer is greater than twelve inches in diameter, and no properly located "Y" branch is available, a neat hole shall be cut into the public sewer to receive the sewer service connection, with entry in the downstream direction at an angle of about forty-five degrees. A forty-five degree fitting shall be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the sewer service connection at the point of connection shall be at springline or at a higher elevation. A smooth, neat joint shall be made, and the connection made secure and water -tight. Special fittings approved by the Superintendent or Inspector shall be used for the connection. (k) The applicant for the sewer service connection permit shall give at least 48 hours notice to the Inspector when the building sewer is ready for inspection and connection to the sewer service connection. The connection shall be made under the supervision of the Superintendent, Inspector or his representative. (1) All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public f - 9 - property disturbed in the course of the work shall be restored in a manner satis- factory to the Iunicioality. (m) Only 45 degree elbows or bends shall be used in the building sewer where an elbow is required and in no event shall a 90- degree angle be permitted. 6. GENERAL (a) No person shall maliciously, wilfully or negligently break, damage, destroy, deface or tamper with any structure, appurtenance or equipment which is a part of the Ministry's sewage system. (b) The Superintendent (or Inspector) and other duly authorized employees of the Municipality or the Ministry of the Environment bearing the proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this by-law. (c) Where an owner wishes to install his own plumbing, or lay his own sewer or drain, the word "owner" shall be substituted for the word "plumber" or "drainlayer" through- out this by-law, and all such work shall be in accordance with this by-law. 7. REGISTRATION In order to safeguard life, health and property, every person, firm or corporation engaged in or working at a business of plumbing or sewer or drain laying must submit evidence that he is qualified and shall provide proof that he is so certified by the Ministry of Labour. Any person who assumes responsible charge and direction of other persons in the installation of plumbing, drainage or sewers and who employs, whether for gain, or otherwise, a person not registered as provided herein to perform and install plumbing, drainage or sewers, shall be guilty of a contravention of this by-law and shall be subject to the penalties hereinafter imposed. A - 10 - It is provided, however, that the provisions of this by-law pertaining to registering shall not apply to anyone who is employed as or acting as a mainten- ance man while working on the piping. belonging to the person by whom he is employed, or to any employee of any public service, commission, or corporation while such employee is engaged in the business of the em;oloyer on the employer's premises. Provided, further, that the provisions of the by-law pertaining to registration shall not apply to an owner who may install plumbing on his own premises in which he is actually residing at the time, provided he abides by all rules and regulations pertaining to plumbing under Province of Ontario Regulation 647 written under The Ontario dater Resources Act, R.S.O. 1970, as amended, respecting plumbing. All applications for registration shall be made to the Superintendent (or Inspector). Registration shall not be accepted by the Clerk until the application for same has been approved by the Superintendent (or Inspector) and the prescribed fees paid to the Municipality. 8. PENALTIES (a) Any person found guilty of an offence under the provisions of this by-law shall be subject to a penalty of an amount not exceeding one thousand ($1,000.00) dollars for each offence, exclusive of costs, to be recoverable under the provisions of the Summary Convictions Act. (b) If any building sewer or any connection to a sewer service connection or public sewer is made by an owner or his authorized represent- ative, contrary to the provisions of this by-law, the owner shall repair such defective work or material within ten (10) days after receipt of a notice from the Engineers Superintendent (or Inspector) or Municipality requiring him to do so and, if the owner fails to repair such work, the Municipality may repair the work, including the right to enter upon the lands, and the cost of such repairs shall be added to the tax roll for the property and collected in the same manner as other municipal taxes. -11- READ A FIRST AND S�:CONP TIME ON THE 8-/-h DAY OF . 1983. READ A THIRD TIM AND FINALLY PASSED ON THE 8�-k DAY OF6&,)X&r-jg03. JACK Sl. . i iIt EY-LA+' NO OF THE CORPORATION OF THE VILLAGE OF PORT BUR'd-ELL A by-law regulating the use of ?ublic and -)rivate sewers and drains, private sewage dis?osal, the installation and connection of building sewers, and the dischar-e of waters and wastes into the public sewer system; and projiding penalties for violations thereof; WHEREAS the Ministry of the Environment proposes to provide sewage service to the Corporation of the Village of Port Burwell by means of sewage works to be constructed or acquired and operated by the Ministry of the Environment; AND WHEREAS Section 62 of The Ontario Vater Resources Act, being Chapter 332 of the Revised Statutes of Ontario, 1970, as amended, provides (inter-alia) that, subject to the approval of the Lieutenant Governor in Council, the Ministry of the Environment may make regulations regulating and controlling the construction, repair, renewal or alteration of plumbing, the material to be used in the construction of, and the location of drains, pipes, traps and other works and appliances that form part of or are connected with the plumbing in any building or structure, and may require municipalities to carry out such inspections with respect to plumbing as may be prescribed; AND WHEREAS Ontario Regulations No. 647 made pursuant to the said Section 62, requires every municipality to carry out such inspections as are prescribed by that Regulation; AND WHEREAS Section 64 of the said Act provides (inter-alia) and where a municipality undertakes, under the regulations made under Section 62 to inspect plumbing, the municipality may pass by-laws for charging fees for the inspections of plumbing and fixing the amount of such fees for requiring the production of plans, for charging fees for the inspection and approval of plans and fixing the amount of such fees, and for the issuing of permits, all as more particularly set out in the said Section 64; AND WHEREAS paragraph 71 of Section 354 of The Municipal Act being Chapter 284, Revised Statutes of Ontario, 1970, as amended, provides that by-laws may be passed by the Councils of local municipalities for making any other regulations for sewage or drainage that may be deemed necessary for sanitary purposes. - 2 - AND 14HEREA S paragraoh 75 of the said Section 354 provides that by-laws may be passed by the councils of local municipalities for charging a fee for the inspection of -)lumbing, sewers, septic tanks, cesspools, water closets, earth closets, privies and privy vaults where, under this or any other Act, approval or a certificate of compliance or such inspection is required; Atv'D Vg1EREAS Section 362(a) of The `iunicioal Act provides that by-laws may be passed by the Councils of local municipalities requiring owners of buildings or any class of buildings in the municipality, or in any defined area thereof, to connect the said buildings to the sewage works of the municipality within a certain specified period of time; AND WHEREAS the council of the municipal corporation of the Village of Port Burwell deems it expedient and desirable to enact a by-law to regulate disposal of sewage and other wastes within the said Municipality. NOW THEREFORE, the municipal corporation of the Village of Port Burwell ENACTS AS FOLLOWS: 1. DEFINITIONS IN THIS BY-LAW SEWAGE WORKS, shall mean all facilities for collecting, pumping, treating and disposing of sewage. MUNICIPALITY shall mean the Corporation of the Village of Port Burwell. SUPERINTENDENT (Inspector), shall mean the Super- intendent (Inspector) of plumbing and sewage works of the Municipality as appointed by council of the Municipality from time to time. SEWAGE shall mean a combination of the water -carried wastes from residences, business buildings, institutions and industrial establishments. SEWER shall mean a pipe or conduit for carrying sewage. PUBLIC SEWER, shall mean that section of the sewer considered to be the main sewer and in which all owners of abutting properties have equal rights and is owned and controlled by the Ministry of the Environment. SANITARY SEWER, shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted. - 3 - BUILDING SEA -,'ER, shall mean that part of the drainage piping outside a building -or structure, that connects a building drain to the sewer service connection and that commences at a point three feet from the outer face of the wall of the building or other structure and terminates at the property line. SE.r_R SERVICE CONNECTION, from the building sewer to place of disposal. shall mean the extension the public sewer or other OPERATOR, shall mean the operator of the Ministry Sewage Works employed by the Ministry of the Environment. PERSON, shall mean and include any individual firm, com-)any, association, partnership, society, incorporated company, or group, and wherever the singular is used herein it shall also be construed as including the plural. SHALL is mandatory, MAY is permissive. CLERK shall mean the Clerk of the Corporation of the Village of Port Burwell. MINISTRY, shall mean the Ministry of the Environment. 2. JURISDICTION (a) The person or persons appointed by Council of the Municipality will inspect the installation of all building sewers from the building to the street line, and the connection of the building sewer to the sewer service connection, and further, will not permit any illegal connections to be made to the public sewer as set out in this by-law. (b) After construction and installation of the building sewer from the building and the sewer service connection to the public sewer, the owner shall be responsible for the satisfactory operation, cleaning, repairing, replacement and maintenance of the connection from the property line to the building. 1. 4 - (c) The provisions of this by—law with .respect to construction of sewer service connections from Dublic sewer to street line shall not apply for one year after the date of substantial completion of the works as established by the Certificate of Substantial Completion where the connections from the public sewer to the street line are made at the time the public sewers are constructed and installed on the road allowance. (d) The rules and regulations set out in this by-law shall govern and regulate the operation of any system of sewage works owned by the Municipality and shall be considered to form a part of the agreement between the Municipality and the owner or occupant of any building in the Municipality for provision of sewage service to such building and every such owner or occupant by applying for and receiving sewage service from the Municipality shall be deemed to have expressed his consent to be bound by the said rules and regulations. 3. APPLICATIONS FOR PERMITS No person shall make any connection into the Ministry's sewer service connection without first having obtained a permit from the Clerk and such permit shall be called "Sewer Service Connection Permit", as follows :- (a) Application shall be made, in writing, to the Clerk on the form prescribed in quadruplicate, which application shall contain the name of the owner of the lot, the present state of construc- tion (if a new building), a plan in duplicate of the lot showing the point at the street line at which the connection is to be made, the date for the proposed work to be done, the type of waste to be disposed from the sewer and the name of the contractor undertaking the work. (b) Upon receipt of a properly completed application from the owner, or his authorized representative, the Clerk shall issue a permit for the connection to be made by delivering a copy to the Superintendent (Inspector) and the Operator of the Sewage Works. - 5 - 4. PERMIT FEES The following fees are to be paid for a Sewer Service Connection permit at the time the permit is issued. (a) The fee to be paid to the :Municipality shall be two ($2.00) dollars and shall accompany the application for the provision of sewage service to each premise as a fee for inspection of the newly -installed building sewer and connection to the sewer service connection. 5. BUILDING SEWERS AND CONNECTIONS No connection shall be made to the Ministry's public sewer, except as follows :- (a) Each dwelling must have a separate build- ing sewer, except with the written approval of the Superintendent (Inspector) of Sewage Works and further except where one building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (b) An inspection tee shall be installed in the building sewer at the street line. (c) All connections from the public sewer or the sewer service connection to the building shall be of the following materials:- i) From the street line to the building shall be vitrified clay pipe or asbestos - cement pipe of a 4 - inch minimum diameter sewage pipe; or polyvinyl chloride and acrylonitrile-butadiene-styrene pipe made to Canadian Standards Association Standard B181.2 and B181.1 respectively; or as revised by Ontario Water Resources, Regulation 647. a - 6 - ii) All connections to be approved water -tight. (d) No connection shall be made to a Ministry public sewer or sewer service connection until a permit has been issued for a sewer service connection in accordance with this by-law and no said connection shall be made except by the approval of the Municipality and the Ministry of the Environment. (e) i) All labour and material necessary for the connection of a sewer service connection, from the main sewer to the street line, shall be supplied and paid for by the owner of the dwelling which is to be provided with sewage service where no such sewer service connection exists. All labour and materials necessary for the said connection, from the main sewer_ to the street line, shall be paid for in advance of the installation by a lump sum charge as set out by the Municipality where the Municipality is requested by the property owner to provide the necessary work and material for said connection. Upon payment, the property owner shall be entitled to such installation by the Superintendent or a person designated by him, subject to the Ministry's approval. ii) All labour and material necessary for the connection of the building sewer from the street line internally, shall be supplied and paid for by the owner, and the owner shall indemnify the Municipality for any loss or dam- age that may occur in the said construction to any third person or to the Ministry's public sewer, water -main or storm sewer. iii) The owner of any building may request the Superintendent to install the necessary building sewer at the time the sewer service connection for the same building is being installed, and the Superintendent may, if he deems it expedient, install such building sewer upon the owner prepaying to the Municipality the estimated cost of installation of such building sewer. I - 7 - iv) In the event the actual cost of the installation of such building sewer e-ceeds the amount prepaid to the ;Iunici-)ality, the person applying for such installation shall forthwith, after the completion of such installation, pay to the Municipality the balance of such cost. v) Nothing in this section shall relieve the owner from the obligation of maintain- ing such building sewer in accordance with the provisions of this by-law. vi) A clean -out shall be installed in the building drain as near as practical to the inner face of the wall through which the drain passes or other approved clean -out shall be provided. Every clean -out shall comaly with Regulation 647 made under The Ontario Water Resources Act, R.S.O. 1970. (f) A connection shall be made to the public sewer system in compliance with this by-law, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be cleaned, filled, removed or destroyed within a period of ten (10) days after the connection has been made to the public sewer system. (g) No person shall cause or permit the discharge of any storm water, including surface water, groundwater, rain runoff, foundation drain or other subsurface drainage including any unpolluted cooling water or unpolluted industrial process water into the Sewage works of the Ministry. (h) The building sewer from the building to the Ministry's sewer service connection shall be connected to the building at an elevation below the foundation footings where existing grade will permit. No building sewer shall be laid parallel to within three (3) feet of any bearing wall. The building sewer shall be laid at sufficient depth to afford Drotection from frost and at uniform grade and in straight alignment, wherever possible. (i) All excavations required for the installation of a building sewer shall be by open trench unless otherwise a -)proved by'the Super- intendent or Inspector. '.11 pipe shall be installed according to Ministry specifica- tions and no back fill shall be placed until the work has been inspected in compliance with Regulation 647. All connections and joints shall be gas -tight and water -tight and all joints in vitrified clay pipe or between such pipe and metals shall be made with approved joining materials. (j) All connections of the sewer service connections into the public sewer shall be made at the "Y" branch, if such branch is available at a suitable location. If the public sewer is twelve inches in diameter or less, and no properly located "Y" branch is available an approved fitting shall be installed in the public sewer at the location specified by the Superintendent or Inspector. Where the public sewer is greater than twelve inches in diameter, and no properly located "Y" branch is available, a neat hole shall be cut into the public sewer to receive the sewer service connection, with entry in the downstream direction at an angle of about forty-five degrees. A forty-five degree fitting shall be used to make such connections with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the sewer service connection at the point of connection shall be at springline or at a higher elevation. A smooth, neat joint shall be made, and the connection made secure and water -tight. Special fittings approved by the Superintendent or Inspector shall be used for the connection. (k) The applicant for the sewer service connection permit shall give at least 48 hours notice to the Inspector when the building sewer is ready for inspection and connection to the sewer service connection. The connection shall be made under the supervision of the Superintendent, Inspector or his representative. (1) All excavations for building sewer installations shall be Odequately guarded with barricades and lights so as to protect the public from hazard. Street, sidewalks, parkways and other public 9 _ property disturbed in the course of the work shall be restored, in a manner satis- factory to the :IuniciDality. (m) Only 45 degree elbows or bends shall be used in the building sewer where an elbow is required and in no event shall a 90- degree angle be permitted. 6. GENERAL (a) No person shall maliciously, wilfully or negligently break, damage, destroy, deface or tamper with any structure, -appurtenance or equipment which is a part of the Ministry's sewage system. (b) The Superintendent (or Inspector) and other duly authorized employees of the Municipality or the Ministry of the Environment bearing the proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this by-law. (c) Where an owner wishes to install his own plumbing, or lay his own sewer or drain, the word "owner" shall be substituted for the word "plumber" or "drainlayer" through- out this by-law, and all such work shall be in accordance with this by-law. 7. REGISTRATION In order to safeguard life, health and property, every person, firm or corporation engaged in or working at a business of plumbing or sewer or drain laying must submit evidence that he is qualified and shall provide proof that he is so certified by the Ministry of Labour. Any person who assumes responsible charge and direction of other persons in the installation of plumbing, drainage or sewers and who employs, whether for gain, or otherwise, a person not registered as provided herein to perform and install plumbing, drainage or sewers, shall be guilty of a contravention of this by-law and shall be subject to the penalcies hereinafter imposed. - 10 - It is provided, however, that the provisions of this I by-law pertaining to registering shall not apply to anyone who is employed as or actin° as a mainten- ance Tian chile working on the pipinc- belonging to the person by whom he is employed, or to any employee of any public service, commission, or corpo-ation while such employee is engaged in the business of the employer on the emoloyer's premises. Provided, further, that the provisions of the by-law pertaining to registration shall not apply to an owner who may install plumbing on his own premises in which he is actually residing at the time, provided he abides by all rules and regulations pertaining to plumbing under Province of Ontario Regulation 647 written under The Ontario Water Resources Act, R.S.O. 1970, as amended, respecting plumbing. All applications for registration shall be made to the Superintendent (or Inspector). Registration shall not be accepted by the Clerk until the application for same has been approved by the Superintendent (or Inspector) and the prescribed fees paid to the Municipality. 8. PENALTIES (a) Any person found guilty of an offence under the provisions of this by-law shall be subject to a penalty of an amount not exceeding one thousand ($1,000.00) dollars for each offence, exclusive of costs, to be recoverable under the provisions of the Summary Convictions Act. (b) If any building sewer or any connection to a sewer service connection or public sewer is made by an owner or his authorized represent- ative, contrary to the provisions of this by-law, the owner shall repair such defective work or material within ten (10) days after receipt of a notice from the Engineer, Superintendent (or Inspector) or Municipality requiring him to do so and, if the owner fails to repair such work, the Municipality may repair the work, including the right to enter upon the lands, and the cost of such repairs shall be added to the tax roll for the property and collected in the same manner as other municipal taxes. -11- • 1 READ A FIRST AND SECOND TIME ON THE 84h DAY OF �3Ci( ,`• 1Q$3. READ A THIRD TIME AND FINALLY PASSED ON THE gam-' DAY OFi -0W yrcr 4f--lmo f. . ......ems. ....... JACK SKYTH �y CIMF t MARY %MYTH n CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NUMBER f -/'{ Being a by-law to provide for the licensing of drain layers. WHEREAS the Municipal Act, R.S.O. 1970, Chapter 284, Section 383 (3) enables and authorizes the Council of a Municipality to license drain op contractors, drain layers and persons who install septic tanks or repair or reconstruct drains remove tree roots or other obstructions from drains and private drain connections, and for revoking any such license. AND WHEREAS it is deemed expedient to provide for such licensing and for the revoking of any such license. NOWTHEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows: 1. In this By-law (a) "Drain layer" and "Drain Contractor" shall mean. any person engaged in the business of installing septic tanks, or constructing, repairing or reconstructing drains or removal of obstructions from drains and including sewage, storm and other connections to municipal services. (b) "Municipality" shall mean the Corporation of the Village of Port Burwell. (c) "Person" shall mean and include any individual, firm, company, association, partnership, society, incorporated company, or group and when ever the singular is used it shall also include the plural, and masculine shall include feminine. 2. The provisions of this by-law shall not apply to work done personally by any person for his own benefit which is owned by him, provided however that all such work is done in accordance with all the requirements of all by-laws applicable thereto, and provided further that this exception shall not apply to new installations of any such drainage or septic tank installations or facilities being installed or done by general contractors. 3. Except as provided in Paragraph 2 above, every drainlayer and every drain contractor shall obtain a licence from the Municipality and show proof to the satisfaction of the Municipality of liability insurance in the amount of $100,000.00. The licence fee shall be $50.00 for each drain layer or drain contractor and no person within the limits of the Municipality shall carry on the said business in any of its branches until he has obtained a licence to do so from the Municipality. Each application for a licence shall be in writing and on a form approved by the Municipality. 4. Every licence issued under this by-law shall expire on the 31st day of December of the year in which such licence was issued may be renewed on payment of the licence fee of $50.00 before the 31st day of March of the year following the year in which such licence was issued. 5. Any licence under this by-law may be revoked by the Council of the Municipality for failure to observe the requirements of this and any other by-law. Any licence issued under this by-law shall be automatically revoked should the licenceee cancel or have cancelled his liability insurance as required by the by-law. -2- 6. Any person who violates any provision of this by—law shall incur a penalty of not more than $1,000.00 for each offence exclusive of cost, and all such penalties shall be recoverable under the Summary Convictions Act. 7. This By—law shall come into force and take effect on the final passing thereof. READ A FIRST IA SECOND AND A THIRD TIME AND FINNALLY PASSED AND CARRIED THIS DAY OF �Lr^j�.� „�, ,� 1983. BY—LAW # A By —Law terminating the lease agreement # 8101 P576 dated the 5th day of February, 1981. WHEREAS the Village of Port Burwell is unable to bear the burden of maintaining and operating a harbour. THEREFORE the Council of the Corporation of the Village of Port Burwell hereby terminates lease # 8101 P576 and gives HER MAJTSTY THE QUEEN as represented by the MINISTER OF FISHERIES AND OCEANS the sixty (60) day notice as required'in Section 19 (a) of the said Lease. DATED THIS 12TH DAY OF DECEMBER, 1983. Read a first, second and third time and finally passed and carried this /Jf6 day of December, 1983. Seal irf� 1.. VE, JACK SMYTH VILLAGE OF PORT BtTRWELL ry1wty d •`"'V14•• CLERK,YSMY VILLAGE OF PORT BURWELL VI I_ -_ GE _PfIDORT BU RWELL ' y a. ear 2J9 Por; Bur-Ni-di, Oni. r:ai I fo OEPT. OF FISHERIES P. OCEANS ONTO RIO REG.ON R E C F 5000-2 DF(' 14 19W December 13, 1983 SMALL CRAFT HARBOURS DIRECTOR BURLINGTON, ONTARIO ' SMALL CRAFT HARBaJRS BRANCH, 3050 HARVE= ROAD, BURLINGTON, ONTARIO RE: Termination of Lease Number 8101 P576 Dear Sir, Enclosed please find executed copy of by-law # 83-15 as passed by the Corporation of the Village of Port Burwell at their regular meeting dated 12 December, 1983. This is to notify you that this by-law includes the sixty (60) day ters4.pation notice as repuired. The Corporation of the Village of Port Burwell will not be held responsible for any further maintenance of the harbour. Thank You. Yours Truly, 1-jItak L�. 4vv. Mary E. Smyth Encl. Clerk -Treasurer Village of Port Burwell c.c. John Wise, M.P. Elgin County Ron McNeil, M.P.P. Elgin County ` c.c. Mr. R.W. Hosler - Note: This document should be deleted from the Printout. BY-IAW # A By -Law terminating the lease agreement # 8101 P576 dated the 5th day of February, 1981. WHEREAS the Village of Port Burwell is unable to bear the burden of maintaining and operating a harbour. THEREFORE the Council of the Corporation of the Village.of Port Burwell hereby terminates lease # 8101 P576 and gives HER MAJESTY THE QUEEN as represented by the MINISTER OF FISHERIES AND OCEANS the sixty (60) day notice as required in Section 19 (a) of the said Lease. DATED THIS 12TH DAY OF DECEMBER, 1983. Read a first, second and third time and finally passed and carried this ia-Oh day of December, 1983. Seal X. VE, JACK SMYTI VILLAGE OF PORT BURWELL AR CLERK, MARY•SMY •• VILLAGE OF PORT BURWELL I BY-LAW # A By -Law terminating the lease agreement # 8101 P576 dated the 5th day of February, 1981. WHEREAS the Village of Port Burwell is unable to bear the burden of maintaining and operating a harbour. THEREFORE the Council of the Corporation of the Village of Port Burwell hereby terminates lease # 8101 P576 and gives HER MAJESTY THE QUEEN as represented by the MINISTER OF FISHERIES AND OCEANS the sixty (60) day notice as required in Section 19 (a) of the said Lease. DATED THIS 12TH DAY OF DECEMBER, 1983. Read a first, second and third time and finally passed and carried this iaI*day of December, 1983. Seal ti iVE, JACK SMYT VILLAGE OF PORT BURWELL AR t0. CLERK,, MARY SMYTIf•• VILLAGE OF PORT BURWELL 1. CORPORATION OF THE VILLAGE OF PORT BURWELL BY—LAW NUMBER LL-I L Being a By' —law to requlate the use of grease traps by restaurants, hotels, motels and all 00 buildings where banquet facilities are made available and where fresh foods are prepared or sold that are or shall be connected to the Sewer System in the Village of Port Burwell. WHEREAS the Municipal Act R.S.O. 1980, Chapter 302, Section 210(77) provides the authority whereby a Municipal Council may pass By—laws for making any other regulations for sewage or drainage that may be deemed necessary for sanitary purposes. AND WHEREAS the Council of the Village of Port Burwell deem it necessary to requlate for the use of grease traps. f ollows: NOW THEREFORE the Council of the Village of Port Burwell enacts as 1. Every owner or operator of a restaurant, hotel, motel, with dining room or a building were food is prepared for take—out sales, and every building where banquet facilities are provided and every building where fresh foods are prepared or sold that is or will be connected to the sewer system of the Village of Port Burwell shall have a grease trap designed in accordance with Section 98, 99, 100 of the Ontario Plumbing Code Regulation 736, respecting Plumbing made under the Ontario Water Resources Act. 2. The cover of the grease trap shall be so constructed to allow same to be easily removed for inspection and for the removal of accumulated grease at regular intervals by the owner or operator of the business places so identified in Paragraph 1 of this By —Law. 3. It shall be deemed anoffence under the provisions of this By—law for any Owner or operator, of such business places as identified in paragraph 1 of this by—law and connected to the sewer system of the Village of Port Burwell, to fail to remove the accumulated grease at regular intervals where by such failure grease accumulations are discharged into the sewer system of the Village of Port Burwell. 4. Any person violating any of the provisions of this By—law shall, for each and every offence be liable upon conviction thereof to a penalty of not more than one thousand dollars ($1,000.00) for each offence, exclusive of costs, which penalty shall be recoverable under the Provincial Offences Act. 5. This By—law shall come into force and take effect on the day of the final paasing thereof. READ A FIRST, A SECOND AND A THIRD TIME AND FINALLY PASSED AND CARRIED THIS DAY OF - 1983.