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HomeMy WebLinkAboutMarch 15, 2018 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, March 15, 2018 7:00 p.m. 8:00 p.m. — Corinth Drain Branch 'C' 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS A. 7:05 p.m. —Vienna Lioness re Request for Hot Water Heater Booster 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held March 1, 2018 B. Public Meeting held March 1, 2018 re Alward Street Drain C. Court of Revision held March 1, 2018 re Fernley Drain Improvements 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 2018 Council Agenda March 15, 2018 10.1.1 Receive for Information A. Notice of Intent to pass an amending by-law to remove a holding symbol re B. Reddekopp and G. Heide B. Notice of Public Meeting re Corinth Drain Branch 'C' 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-18/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Subdivision Agreement (Alward Street Development) and Rezoning to Remove the Holding Provisions (h2)— B. Reddekopp / G. Heide B. Report DS-19/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Alward Street Drain C. Report DS-20/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Fernley Drain Improvements 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Long Point Region Conservation Authority Board of Directors minutes of meeting held February 7, 2018 B. County of Renfrew re Proposed Amendments to the Endangered Species Act, 2007 C. Ministry of Municipal Affairs and Ministry of the Attorney General re Proclamation of the Building Better Communities and Conserving Watersheds Act, 2017 changes to the land use planning and appeal system D. Ministry of Municipal Affairs re Planning Act Regulations related to the Building Better Communities and Conserving Watersheds Act, 2017 E. Sylvia Jones, MPP re Asset Management Plans Requirements F. Elgin County re 2018 Budget 11.1.2 Requiring Action 11.2 Reports to Council A. Report CAO-23/18 by Paul Shipway, CAO I Clerk re RFQ 18-03 Supply & Install Gutter Clean by Alu Rex B. Report CAO-24/18 by Paul Shipway, CAO I Clerk re 2018 Autoform Sidewalk Works C. Report CAO-25/18 by Paul Shipway, CAO I Clerk re Ontario Regulation 493/17 — Food Premises Regulation 2018 Council Agenda March 15, 2018 12. BY-LAWS A. By-Law No. Z673-2018 Being a by-law to further amend By-Law No. Z456-2003 — Reddekopp and Heide (This by-law follows the recommendation in Report DS-18/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of March 15, 2018) B. By-Law No. 2018-034 Being a by-law to authorize the execution of a subdivision agreement between Gerhard Heide and Bernhard Reddekopp and The Corporation of the Municipality of Bayham, to provide for the development of a subdivision plan, known as The Alward St. Subdivision, Village of Straffordville, Municipality of Bayham (This by-law follows the recommendation in Report DS-18/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of March 15, 2018) C. By-Law No. 2018-035 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Franklin Construction for the supply and installation of Gutter Clean by Alu Rex at various locations within the Municipality of Bayham (This by-law follows the recommendation in Report CAO-23/18 by Paul Shipway, CAO I Clerk during the regular meeting of March 15, 2018) D. By-Law No. 2018-036 Being a by-law for prescribing standards for the maintenance and occupancy of property within the Municipality of Bayham (This by-law follows the recommendation in Report CAO-09/18 by Paul Shipway CAO I Clerk during the regular meeting of March 1, 2018) E. By-Law No. 2018-037 Being a by-law to provide for the maintenance of land in a clean and clear condition (This by-law follows the recommendation in Report CA0-09/18 by Paul Shipway, CAO I Clerk during the regular meeting of March 1, 2018) 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera A. Confidential Report regarding a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Use Agreements) B. Confidential Report regarding the security of the property of the municipality or local board (Lakeshore Line) 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2018-038 Being a By-law to confirm all actions of Council 16. ADJOURNMENT Topic for discussion : Booster to maintain hot water to clean and sanitize dishes when the Vienna Lioness are functions to raise money for the community. Information from Public Health is that water must 180 degrees for 10 seconds or more in order to sanitize dishes. Told by Mr. S hipway public health was notified and they came , ran seven cycles it maintained the hot water and therefore was passed by them. We run a great deal more than seven cycles, hence the shortage of hot water. In reading about hot water heater is okay to have small water heaters but they do require a booster. The hall has two small water heaters. There was a booster at one time but it seems to have gone missing. Not sure what happened to of but perhaps a check with the installers would yield some information. We did not run out of hot water with the old dishwasher since the installation of the new one we do run out of hot water. Thank you for your time. Vienna Lioness. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING DRAFT MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, March 1, 2018 7:00 p.m. 7:45 p.m. — Public Meeting —Alward Street Drain 8:00 p.m. — Court of Revision Fernley Municipal Drain PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL FIRE CHIEF I BY-LAW ENFORCEMENT OFFICER RANDY WHITE CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA a) Item 14a — Other Business —verbal request of the Elgin St. Thomas Public Health to hold a Food Handler Certification Course at the Straffordville Community Centre in the Municipality of Bayham. 4. ANNOUNCEMENTS a) Mayor Ens, on behalf of Council thanked the community for its efforts during the recent flood event. Mayor Ens also thanked Tillsonburg Walmart for donating blankets and sleeping bags utilized in the evacuation centre during the flood event. Councillor Casier echoed the comments of Mayor Ens and also thanked LPRCA staff for their expertise and information during the flood event. b) Mayor Ens announced that during daytime hours on Monday March 5, 2018 a Provincial Disaster Assessment Team (PDAT) will be in the Municipality of Bayham to visit flooded principle residences to assess flood damage from the flood event of February 21, 2018. Municipal staff will accompany the PDAT as they assess principle residences and businesses impacted by the flood event in Vienna. On the day of the assessment, PDAT members will knock on doors, explain the purpose of their visit, and ask permission to 2018 Council Minutes March 1, 2018 speak with residents and enter their homes to assess damage. The attendance of the PDAT is strictly to gather further information about the flood event and is not a commitment that the Provincial Disaster Assistance Program will be activated. 5. DELEGATIONS A. 7:05 p.m. —William Pol, Consulting Planner IBI Group Inc. regarding the Bayham 2017 — 2018 Official Plan Review— Progress Report Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the delegation of William Pol, Consulting Planner IBI Group Inc. regarding the Bayham 2017 — 2018 Official Plan Review— Progress Report be received for information; AND THAT the Official Plan 5 Year Review draft amendments, including revisions, be accepted for circulation to the public and planning agencies. CARRIED 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held February 15, 2018 Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT the minutes of the Regular Meeting held February 15, 2018 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council A. Report FR-01/18 by Randy White, Fire Chief I By-law Officer re Fire Protection & Prevention Act— Draft Regulations 2018 Council Minutes March 1, 2018 Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report FR-01/18 re Fire Protection & Prevention Act— Draft Regulations be received for information; AND THAT Council direct staff to submit comment to the Ministry of Community Safety & Correctional Services as outlined within Report FR-01/18, as amended. CARRIED B. Report FR-02/18 by Randy White, Fire Chief I By-law Officer re 2017 Annual Fire Report Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report FR-02/18 re 2017 Annual Fire Report be received for information. CARRIED C. Report FR-03-18 by Randy White, Fire Chief I By-law Officer re Water Rescue Craft Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report FR-03/18 re Water Rescue Craft be deferred until the completion of collective agreement negotiations. CARRIED 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Committee of Adjustment Decision re Rudolph and Nancy Thiessen Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT the correspondence item 10.1.1-A be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-15/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Corinth Drain — Branch C 2018 Council Minutes March 1, 2018 Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report DS-15/18 regarding the Corinth Drain — Branch C be received for information; AND THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #217253 dated February 15, 2018 for the Corinth Drain — Branch C, as prepared by Spriet Associates, and filed with the Clerk on February 16, 2018; AND THAT Council set a date for the Public Meeting to he held on March 15, 2018 at 8:00 pm to consider the Report; AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works in accordance with the Drainage Act. CARRIED B. Report DS-16/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Petition for Drainage Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from Magda Donck; THAT Report DS-16/18 regarding the petition for drainage and for drainage improvement be received; AND THAT Council wishes to proceed with this matter and appoints Spriet Associates, Engineers, to prepare a report on the proposed drainage area pursuant to Section 5 and Section 8(1) of the Drainage Act, for Council's consideration. CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. New Horizons for Seniors Program — Ontario re Decision Letter Straffordville Community Hub Improvements Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the correspondence item 11.1.1-A be received for information. CARRIED 2018 Council Minutes March 1, 2018 11.1.2 Requiring Action 11.2 Reports to Council A. Report CAO-09/18 by Paul Shipway, CAO I Clerk re Property Standards By-law— Lot Maintenance By-law Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report CAO-09/18 re Property Standards By-law— Lot Maintenance By-law be received for information; AND THAT Council direct staff to bring forward a Property Standards By-law and a Lot Maintenance By-law for Council consideration. CARRIED B. Report CAO-10/18 by Paul Shipway, CAO I Clerk re RFQ 18-01 Supply & Installation of Utility Corridor Fencing Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT Report CAO-10/18 re RFQ 18-01 Supply & Installation of Utility Corridor Fencing be received for information; AND THAT pending approval from the Otter Valley Corridor Board of Management, staff be directed to bring forward a by-law to enter into an Agreement with Verdant for the Supply & Installation of Utility Corridor Fencing for Council consideration. CARRIED C. Report CAO-11/18 by Paul Shipway, CAO I Clerk re RFQ 18-02 Supply & Install of Fencing at Richmond Community Park Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report CAO-11/18 re RFQ 18-02 Supply & Install of Fencing at Richmond Community Park be received for information; AND THAT Council direct staff to bring forward a by-law to enter into an Agreement with Franklin Construction in the amount of$15,140.96 + HST for the Supply & Install of Fencing at Richmond Community Park for Council consideration. CARRIED D. Report CAO-12/18 by Paul Shipway, CAO I Clerk re RFT 18-01 Pavement Marking Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report CAO-12/18 re RFT 18-01 Pavement Marking be received for information; 2018 Council Minutes March 1, 2018 AND THAT Council direct staff to bring forward a by-law to enter into an Agreement with Mobil Services Inc. for the provision of pavement marking services for Council consideration. CARRIED E. Report CAO-13/18 by Paul Shipway, CAO I Clerk re RFT 18-02 Port Burwell Library Accessible Ramp Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT Report CAO-13/18 re RFT 18-02 Port Burwell Library Accessible Ramp be received for information; AND THAT Council direct staff to bring forward a by-law to enter into an Agreement with Franklin Construction in the amount of$12,068.75 + HST for the construction of the Port Burwell Library Accessible Ramp for Council consideration. CARRIED F. Report CAO-21/18 by Paul Shipway, CAO I Clerk re Restricted Acts After Nomination Day Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report CAO-21/18 re Restricted Acts after Nomination Day be received for information. CARRIED G. Report CAO-22/18 by Paul Shipway, CAO I Clerk re Curbside Waste Audit - Results Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report CAO-22/18 re Curbside Waste Audit - Results be received for information. CARRIED 12. BY-LAWS A. By-Law No. 2018-026 Being a Provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Alward Municipal Drain (This by-law follows the recommendation in Report DS-14/18 by Bill Knifton, Chief Building Official I Drainage Superintendent during the public meeting of March 1, 2018) First and Second Reading Only C. By-Law No. 2018-027 Being a by-law to amend By-Laws No. 2014-099 and No. 2014- 100, being by-laws to establish water rates and water charges and sewer rates and sewer surcharge 2018 Council Minutes March 1, 2018 D. By-Law No. 2018-028 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Verdant for the supply and installation of utility corridor fencing and gates at various locations within the Municipality of Bayham on the Utility Corridor (This by-law follows the recommendation in Report CAO-10/18 by Paul Shipway, CAO I Clerk during the regular meeting of March 1, 2018) E. By-Law No. 2018-029 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Franklin Construction for the supply and installation of fencing and gate at Richmond Community Park, Municipality of Bayham (This by-law follows the recommendation in Report CAO-11/18 by Paul Shipway, CAO I Clerk during the regular meeting of March 1, 2018) F. By-Law No. 2018-030 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Mobil Services Inc. for pavement marking services at various locations within the Municipality of Bayham (This by-law follows the recommendation in Report CAO-12/18 by Paul Shipway, CAO I Clerk during the regular meeting of March 1, 2018) G. By-Law No. 2018-031 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Franklin Construction for the reconstruction of the Port Burwell Library Accessible Ramp, Municipality of Bayham (This by-law follows the recommendation in Report CAO-13/18 by Paul Shipway, CAO I Clerk during the regular meeting of March 1, 2018) Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Provisional By-Law No. 2018-026 be received for information; AND THAT By-Law No. 2018-027, No. 2018-028, No. 2018-029, No. 2018-030 and No. 2018-031 be read a first, second and third time and finally passed CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS a) Request of the Elgin St. Thomas Public Health to hold a Food Handler Certification Course at the Straffordville Community Centre in the Municipality of Bayham. Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Council of the Corporation of the Municipality of Bayham support the Elgin St. Thomas Public Health to hold a Food Handler Certification Course at the Straffordville Community Centre with rental fees waived. CARRIED 2018 Council Minutes March 1, 2018 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2018-032 Being a By-law to confirm all actions of Council Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Confirming By-Law No. 2018-032 be a first, second and third time and finally passed CARRIED 16. ADJOURNMENT Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Council meeting be adjourned at 9:35 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM DRAINAGE PUBLIC MEETING DRAFT MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, March 1, 2018 7:45 p.m. —Alward Street Drain PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK PLANNING COORDINATOR MARGARET UNDERHILL CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON SIGNED IN ATTENDEES: Mr. Bob Gregson 1. CALL TO ORDER Mayor Ens called the public meeting to order at 7:45 p.m. and asked those in attendance for the Drainage Public Meeting regarding the Alward Street Drain to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. PURPOSE OF THE MEETING Pursuant to Chapter D17, Section 41 of the Drainage Act the public meeting is to consider the proposed construction of the drainage works known as the Alward Municipal Drain Engineers Report#217145 dated January 19, 2018. 4. STAFF PRESENTATION A. Report DS-014/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Alward Street Drain 2018 Public Meeting Minutes March 1, 2018 5. ENGINEERS REMARKS a) Mr. John Spriet and Mr. Bill Knifton provided an overview of the drain and recommended shifting the drain from the property of Mr. Bob Gregson onto the Utility Corridor so the drain was not on Mr. Gregson's property. 6. PUBLIC PARTICIPATION a) Mr. Bob Gregson outlined his concerns pertaining to the drain being located on his property. Mr. Gregson also highlighted concern with drain costs, land topography and the lack of utilization of existing catch basins. Mr. Spriet outlined the drain was a condition of consent and required a legal outlet. 7. CORRESPONDENCE a) N/A 8. DISPOSITION Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Council instruct Spriet Associates to revise report#217145 dated January 19, 2018, referred to as the "Alward Street Drain" report, so that the drain will be located on the Utility Corridor and not on Bob Gregson's property: AND THAT Spriet Associates resubmit the revised report to Council for consideration at a later date. CARRIED 9. ADJOURNMENT Pursuant to the Drainage Act requirements the Public Meeting is now complete and the Provisional By-law will be considered during the regular meeting. The Regular Meeting will now reconvene at 8:00 p.m. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION DRAFT MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, March 1, 2018 8:00 p.m. — Fernley Drain Improvements PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK PLANNING COORDINATOR MARGARET UNDERHILL CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON SIGNED IN ATTENDEES: Mr. Tony Wall 1. CALL TO ORDER Mayor Ens called the Court of Revision for the Fernley Drain Improvements to order at 8:01 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING A. Fernley Drain Improvements Court of Revision is to provide an opportunity for any person or body entitled to receive Notice to appeal their assessment as per Engineers Report 216088 dated January 3, 2018 as prepared by Spriet Associates 4. STAFF PRESENTATION A. Report DS-10/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Fernley Drain Improvements Court of Revision 2018 Court of Revision Minutes March 1, 2018 5. PUBLIC PARTICIPATION Mr. Tony Wall inquired if revisions to the drain would lower the total overall price. Mr. Wall also asked if the drain would properly function with revisions. Mr. John Spriet outlined the drain as amended would be properly function. 6. DISPOSITION Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT Report DS-10/18 re Fernley Drain Improvements Court of Revision be received for information; AND THAT the Court of Revision acknowledge the appeal received from Harry Broughton regarding his assessment being too high; AND THAT the Court of Revision for the Fernley Drain Improvements hereby directs the Engineer to make the appropriate changes to Engineer's Report# 216088 dated January 3, 2018 as requested by Harry Broughton; AND THAT the Court of Revision direct the Engineer to re-submit the revised Report when the changes are completed. CARRIED 7. ADJOURNMENT Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT the Court of Revision for the Fernley Drain Improvements be adjourned at 8:10 p.m. CARRIED MAYOR CLERK -,AYH NOTICE OF INTENT TO PASS AN , ice AMENDING BY-LAW TO REMOVE A �, HOLDING SYMBOL o4'( IN THE MUNICIPALITY OF BAYHAM PpOrtunity Ise°O APPLICANT: B. Reddekopp and G. Heide TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment to remove the holding provision. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a meeting on Thursday March 15th, 2018 at 7:00 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville to consider the removal of a holding symbol under Section 34 & 36 of the PLANNING ACT. AND TAKE NOTICE that only the applicant may file an appeal to the Ontario Municipal Board of a decision by Council not to remove the holding symbol, or where Council fails to make a decision within 120 days after the application was submitted. THE PURPOSE of the amendment is to remove the Holding (h2) provisions on five (5) residential lots with a combined land area of 7,761 m2 (1.9 acres) located on Lot 125 and 126, Concession South of Talbot Road, on the south end of Alward Street, south of Heritage Line, in the Village of Straffordville from the Village Residential Holding (R1(H2)) Zone to the Village Residential (R1) Zone in the Zoning By-law of the Municipality of Bayham No. Z456-2003. The applicant has fulfilled the requirements of the holding provisions. THE EFFECT of this By-law will be to permit the development of five (5) residential building lots created by consent (Applications E13/17-E14/17) in accordance with the Village — Residential Uses policies of the Official Plan. The complete By-law is available for inspection at the Municipal office during regular office hours. DATED at the Municipality of Bayham this 26th day of February 2018. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk / Planning 311 Coordinator Municipality of Bayham P.O. Box 160, f1�etr.3ceLINE 56169 Heritage Line 11111 Straffordville, ON, NOJ 1Y0 ' T: 519-866-5521 Ext 222 F: 519-866-3884 AfAti,.,s,. J E: munderhill(a�bayham.on.ca W: www.bayham.on.ca SUBJECT LANDS �! Village of Straffordville VA-YHA/if '411110P11111.41° -_ .C.44"- \'"Itk4 4,1N411111611111, , 111%. O 4r: 4- -Nth ISS- The Corporation of the Municipality of Bayham NOTICE OF A PUBLIC MEETING CONCERNING THE PROPOSED DRAINAGE WORKS FOR THE CORINTH DRAIN BRANCH 'C' IN THE MUNICIPALITY OF BAYHAM TAKE NOTICE that further to Chap. D.17, Section 41 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, March 15, 2018 at 8:00 p.m. at the Bayham Municipal Office, 56169 Heritage Line, Straffordville Ontario. THE PURPOSE of the meeting is to inform area landowners that Council will consider the enclosed Engineer's Report#217253 filed with the Clerk at the Bayham Municipal Office on February 16, 2018 regarding the proposed construction of the Corinth Municipal Drain Branch 'C' serving parts of Lots 5, Concessions 9, Municipality of Bayham. The work was initiated from a petition. ANY PERSON may attend the meeting and/or make a written or verbal representation in support of, or in opposition to the proposed drainage works by forwarding your comments to the Municipal Office prior to the meeting. ADDITIONAL INFORMATION relating to the proposed drainage works may be obtained by contacting the Drainage Superintendent Bill Knifton at the Bayham Municipal Office, 56169 Heritage Line, PO Box 160, Straffordville, Ontario NOJ 1Y0, Telephone: 519-866-5521, Monday-Friday 8:30 am -4:30 p.m. Dated at STRAFFORDVILLE, in the MUNICIPALITY OF BAYHAM, in the PROVINCE OF ONTARIO, this 2nd day of March, 21 8. Paul Shi..y s CAOJCIerk 4grippws,Nk..., Ai,„:.. i . - s ', ` -po-io,..4.,__e,-,.„,,t:",„i,„,,,,,,,ag,„ „„ REPORT < 7 . . -„ ,,,....„,„,,,„,...-. , ,, ,, li , tglifi4,-,,,;_:--4-',I.,:aiv,"--,,7:' '#* .4‘. DEVELOPMENT SERVICES ppuj'tunity IS. /L TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: March 15, 2018 REPORT: DS-18/18 FILE NO. C-07 / D13.REDD 3401-000-004-03401/3401-000-004-03402 SUBJECT: Subdivision Agreement(Alward Street Development) and Rezoning to Remove the Holding Provisions (h2)— B. Reddekopp/G. Heide BACKGROUND Bernhard Reddekopp and Gerhard Heide have Consent Applications E13/17 and E14/17 granted by the Land Division Committee on March 29, 2017 for lot creation on the south end of Alward Street, Straffordville. The two applications will result in five (5) building lots. Conditions of the consents include a Subdivision Agreement and to rezone to remove the Holding provision 2 from the lands. This Report will address both of these applications. The Subdivision Agreement is required to ensure the orderly development and to satisfy the requirement of the rezoning to remove the Holding 2 provision. The rezoning application submitted by Bernhard Reddekopp and Gerhard Heide (see attached) is an application for rezoning to remove the holding provision (h2)from a 7,761 m2(1.9 acre) parcel on the south end of Alward Street, Straffordville. The property is designated "Residential" on Schedule "B" Straffordville: Land Use and Constraints and zoned Village Residential — Holding (R1/h2) on Schedule "F" Straffordville in zoning By-law Z456-2003. The purpose of the zoning amendment is to remove the Holding (h2) provisions on five (5) residential lots with a combined land area of 7,761 m2 (1.9 acres) located on Lot 125 and 126, Concession South of Talbot Road, on the south end of Alward Street, south of Heritage Line, in the Village of Straffordville from the Village Residential Holding (R1(h2)) Zone to the Village Residential (R1) Zone in the Zoning By-law of the Municipality of Bayham No. Z456-2003. The applicant has fulfilled the requirements of the holding provisions. The effect of this Zoning By-law will be to permit the development of five (5) residential building lots created by consent (Applications E13/17-E14/17) in accordance with the Village — Residential Uses policies of the Official Plan. Staff Report DS-18/18 Reddekopp Heide 2 DISCUSSION: The draft Subdivision Agreement (as attached) is our standard approved agreement, which outlines the requirements to develop the lots including the servicing, road construction, drainage and prescribed performance guarantee. Drawings attached to the Agreement are the proposed works to be completed. The rezoning application and draft Zoning By-law addresses the holding provision (h2) to be removed from the parcels prior to the planned construction of semi-detached homes. Zoning By-law Section 3.3 Holding Zones requires an amendment to the Zoning By-law in order to remove a Holding Zone. The purpose of the holding zone regulating the subject land is as follows: Section 3.3 b) h2 Purpose: To ensure orderly development, a subdivision agreement with the Municipality, which addresses financial and servicing impacts of new development to the Municipality, will be required prior to the removal of the "h2"zone symbol. The land owners have reviewed the draft Subdivision Agreement as attached and agree to its contents. Staff and planner support the approval of the Subdivision Agreement and the application to rezone to remove the holding provision and recommend Council's approval of the Subdivision Agreement and to also approve the Zoning By-law as attached for the development of the Alward Street development. ATTACHMENTS 1. Draft Subdivision Agreement with By-law 2018-034 2. Rezoning application received February 15, 2018 3. Draft Zoning By-law Z673-2018 RECOMMENDATION 1. THAT Staff Report DS-18/18 regarding the Reddekopp/Heide Subdivision Agreement and Rezoning for the Removal of a Holding Symbol be received; 2. AND THAT By-law 2018-034, being a by-law authorizing the signing of a subdivision agreement between Gerhard Heide and Bernhard Reddekopp and the Corporation of the Municipality of Bayham, be presented to Council for enactment; 3. AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Bernhard Reddekopp and Gerhard Heide described as Concession STR Part of Lots 125 & 126, being Parts 1, 2, 5, 6 & 7 of Registered Plan 11R9370 located within the village of Straffordville as shown on Schedule "F" by removing the holding symbol (h2); 4. AND THAT Zoning By-law Z673-2018 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Paul Shipway Deputy ClerkiPlanning Coordinator CAOICIerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z673-2018 REDDEKOPP AND HEIDE BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "F" Straffordville, by deleting from the Village Residential — holding (R1(h2)) Zone and adding to the Village Residential (R1) Zone those lands outlined in heavy solid lines and marked R1 on Schedule "F" Straffordville to this By-law, which is attached to and forms part of this By-law. 2) THIS By-law shall come into force on the date of passing. READ A FIRST AND SECOND TIME THIS 15th MARCH 2018. READ A THIRD TIME AND FINALLY PASSED THIS 15th MARCH 2018. MAYOR CLERK SEE SCHEDULE A-MAP No.5 -*"......,.. SEE SCHEDULE A-MAP No.6 (J li i"i 0 1 1. r I `? I T�4 a. ArS/RELT� s7 I STREET • r � —_—_—_-: .7—_--___1 —_-_LI _„____. __=_ ,:i1_,, - :1. / STl T -.: 7:_ifAHI:,17.1e,/E', FT � R1 � — ~e Hclaczc I rT z J w/r� srxh '1 i This is Schedule "F"to By-law ' No.Z673-2018, passed the day of ,2018 I SEE SCHEDULE A-MAP No.8 Mayor Clerk 1 MUNICIPALITY OF BAYHAM Legend - SCHEDULE F Q ZGLA STRAFFORDVILLE (' LPRCA Regulation Limit NORTH o 100 200 400 Metres ZONING BY-LAW Z456-2003 CONSOLIDATED MARCH 17,2017 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-034 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SUBDIVISION AGREEMENT BETWEEN GERHARD HEIDE AND BERNHARD REDDEKOPP AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, TO PROVIDE FOR THE DEVELOPMENT OF A SUBDIVISION PLAN, KNOWN AS THE ALWARD ST SUBDIVISION, VILLAGE OF STRAFFORDVILLE, MUNICIPALITY OF BAYHAM THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the agreement affixed hereto as Schedule"A", being a subdivision agreement with Gerhard Heide and Bernhard Reddekopp (Owners), is hereby approved and the Mayor and Clerk are hereby authorized and directed to execute the same. 2. THAT the Subdivision Agreement be registered upon the title to all five (5) lots subject to County of Elgin Consent Applications E13/17 and E14/17 described as being Concession 6 STR Part Lots 125 & 126 being Parts 1, 2, 5, 6 & 7 on Registered Plan 11 R-9370. READ A FIRST and SECOND time this 15th day of March 2018. READ A THIRD time and finally passed this 15th day of March 2018. MAYOR CLERK 1 Schedule "A" to By-law No. 2018-034 THIS SUBDIVISION AGREEMENT made in duplicate this 15th day of March 2018. BETWEEN: BERNHARD REDDEKOPP and GERHARD HEIDE Hereinafter called the "OWNER OR SUBDIVIDER" OF THE FIRST PART AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "CORPORATION" OF THE SECOND PART WHEREAS, the Owner or Subdivider proposes to subdivide and register severed lots on property described as Part Lots 125 & 126 Concession South Talbot Road, being PARTS 1, 2, 5, 6 & 7 on Registered Plan 11 R-9370, Municipality of Bayham, County of Elgin; the said proposed Registered Plan, being appended as Attachment "A" to this Agreement; AND WHEREAS, this Agreement has been made as a condition of consent approval by the County of Elgin Decision dated March 29, 2017 of the Owner's or Subdivider's proposed Consent Applications, County File E13/17 and E14/17, and shall be named the Alward Street Subdivision; AND WHEREAS, the Owner or Subdivider, has agreed with the Corporation to comply with their requirements with respect to the providing of services for the lands proposed to be subdivided and other matters hereinafter set forth; NOW THEREFORE, The Parties herein, in consideration of other good and valuable consideration and the sum of Two ($2.00) Dollars, of lawful money of Canada, by each to the other paid (the receipt whereof is hereby by each acknowledged), covenant and agree with the other as follows: 1. DEFINITIONS: (a) "Owner or Subdivider" shall include the applicant for the approval of a Subdivision Agreement, and the registered owner or owners in fee simple of the land for which the subdivision is proposed and/or their respective heirs, executors, administrators and assigns, and in addition to its accepted meaning, shall mean and include an individual, an association, 2 a partnership, or an incorporated company, and wherever the singular is used herein, it shall be construed as including the plural. (b) "Council" shall mean the Municipal Council of the Corporation of the Municipality of Bayham. (c) "Engineer" shall mean the Engineer of the Corporation and/or any such Engineer(s) as may be duly authorized and appointed by the Corporation. 2. SCOPE OF AGREEMENT The Owner or Subdivider agrees to complete at his own expense and in a good and workmanlike manner, for the Corporation, all the municipal services as hereinafter set forth to the satisfaction of the Corporation and to complete, perform, or make payment for such other matter as may be provided for herein. 3. CONSULTING ENGINEERS (a) The Owner or Subdivider agrees to retain a Professional Engineer as the Consulting Engineer of the Owner or Subdivider, to carry out all the necessary engineering and supervise the work required to be done for the development of the subdivision. Such Consulting Engineer or a successor thereto, shall continue to be retained until the work provided for in this agreement is completed and formally accepted by the Corporation. (b) The Owner or Subdivider agrees that in the preparation of contract plans and specifications, the following procedure will be followed by the Consulting Engineer: (i) Design all the works covered by this Agreement. (ii) Prepare plans, profiles and specifications for the said works and to submit detailed plans, profiles and specifications to the Corporation for approval prior to the installation of such works. (iii) Obtain, in conjunction with the Corporation, all the necessary approvals required prior to the construction of such works. (iv) Obtain the approval of the Corporation, for the Contractor(s) for the said works. (v) Provide full time inspections during the construction of underground services and part time inspections as necessary for the surface work. (vi) Maintain all records of construction of the said works. (vii) Supply to the Corporation digital and paper reproductions of all the works as constructed by the Contractor. The drawings shall be to the scale or scales established by the Corporation's Engineer. 3 (viii) On completion of construction of the said works, to supply the Corporation with a certificate that the execution of the said works was in accordance with the approved plans and specifications. This certificate will not be valid until signed by the Corporation, and the Corporation's Engineer. (ix) Supervise the construction of any remedial work required by the Corporation. (c) The Owner or Subdivider agrees with the Corporation that no public services will be installed prior to receiving, in writing, approval of the detailed plans and specifications by the Corporation. 4. LIENS The Owner or Subdivider shall cause to be discharged any lien registered and/or filed with the Corporation, pursuant to the Construction Lien Act, R.S.O. 1990, (Ontario) as amended, in respect to any of the works undertaken by the Owner or Subdivider. The Owner or Subdivider shall pay any legal costs, fees and disbursements howsoever incurred by the Corporation, in connection with any such lien, whether or not there are reasonable grounds for registration of the lien by the lien claimant. In the event the Owner or Subdivider fails to discharge any such lien or fails to pay any such cost, fees and disbursements, incurred by the Corporation in connection with such lien, the Corporation may make arrangements to discharge the lien by taking such actions as it see fits, acting in its sole discretion. If the Owner or Subdivider fails to reimburse the Corporation in connection with any costs incurred, pursuant to this paragraph, the Corporation shall have the right to realize on the Performance Guarantee provided by the Owner or Subdivider under paragraph 17 of this Agreement. 5. EASEMENTS Upon completion and acceptance of the Subdivision Plan, the Owner or Subdivider shall: (i) dedicate all road allowances shown on the Plan, as Public Highways; (ii) provide the Corporation with such rights and easements as it may require for sanitary sewers, storm sewers, storm drainage, water mains and other utility purposes; (iii) provide Hydro One, EastLink Inc. and Epcor Ltd./Union Gas with such easements as each of them may require for hydro, telephone, and television cable and natural gas utility purposes. Any such transfer, pursuant to (i) above, shall be in fee simple and for nominal consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Corporation's Solicitor, and title to such lands shall be good and free from all liens and encumbrances. 4 The rights and easements granted pursuant to (ii) and (iii) above, shall be for nominal consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Grantee's Solicitor, and the title to lands over which the rights and easements are granted, shall be good and free from liens and encumbrances and if required by the Grantee's Solicitor, the consent of the Committee of Adjustment, to such rights and easements shall be obtained by the Owner or Subdivider. The Owner or Subdivider, agrees that forthwith, after registration of any transfers of title, pursuant to (i) above, and any grant of rights and easements, pursuant to (ii) and (iii) above, it shall provide to the Transferee's Solicitor or Grantee's Solicitor, a Certificate of Opinion of Title of the lands in respect of which such transfer and rights and easements are granted, in a form satisfactory to the Transferee's or Grantee's Solicitor, such Certificate or Opinion to be given by a Solicitor authorized to practice Law in the Province of Ontario. The Owner or Subdivider agrees to provide the Corporation with a digital and paper copy of the reference or survey plan designating the lands in respect of which such transfers of title and grants or rights and easements are given. The lands to be transferred and the lands over which rights and easements are to be given, pursuant to Section 5 and (i) (ii) and iii) above, shall, on the registration of the Plan, be in a clean and tidy condition, graded as required, and if necessary, stabilized against erosion. After such lands or such rights and easements are so transferred, the Owner or Subdivider shall not use or permit the use of such lands for the storing of topsoil or any excavated material or equipment except with the written consent of the Corporation, and in the event of default, the Corporation, after giving the Owner or Subdivider such notice as it considers reasonable, may remove such soil, material or equipment and the cost thereof shall be paid by the Owner or Subdivider to the Corporation. 6. SANITARY SEWERS The Owner or Subdivider agrees to construct a complete sanitary sewer system, including manholes. This system shall service all the lands on the said Subdivision Plan, according to designs approved by the Corporation, and according to the specifications of the Corporation's Engineer and the Ministry of Environment & Climate Change (MOECC) in effect at the date of construction thereof, and the Owner or Subdivider shall maintain them including clearing any blockage until they are formally accepted by the Corporation. Such sewer system shall be constructed to an outlet or outlets according to designs approved by the Corporation and shall be of sufficient size, depth and at locations within the limits of the subdivision, or an adjacent road allowance, to service the subdivision and lands outside the subdivision, which, in the opinion of the Corporation, will require their use as trunk outlets. The Corporation may consent to or authorize connection into the sanitary sewer system but such connection shall not constitute acceptance of the sewer system by the Corporation. 5 7. STORM SEWERS (MUNICIPAL DRAIN) (a) The Owner or Subdivider agrees to construct a complete storm sewer system or systems, including storm connections to the street line where required, in the opinion of the Corporation, and catchbasins and leads to service all the lands in the said Subdivision Plan, and adjacent road allowances, according to designs approved by the Corporation and the Ministry of Environment & Climate Change (MOECC), and according to the specifications of the Corporation, in effect at the date hereof, and the Owner or Subdivider shall maintain them, including clearing any blockages until they are formally accepted by the Corporation. Such sewers shall be constructed to an outlet or outlets according to designs approved by the Corporation and shall be of sufficient size, depth and at locations within the limits of the subdivision or on adjacent road allowances, to service the subdivision, and any lands adjacent to the subdivision, which, in the opinion of the Corporation will require their use as trunk outlets. The Corporation may connect or authorize connection into them but such connection shall not constitute acceptance of the sewer system or systems by the Corporation. (b) The Owner or Subdivider agrees, at its expense, to construct and the Corporation to maintain a stormwater management system which is approved by all regulating agencies and which provides an adequate stormwater management system for all lands within the Plan. (c) As determined by the Corporation, a storm water retention pond shall be fenced and accessible for maintenance. The fence for storm water retention ponds shall be a minimum height of 1.5 metre (5 feet) to prohibit the general public access. (d) The Owner or Subdivider agrees that the storm system outlet shall be installed and functional prior to the issuance of any building permits. 8. ROADS — PAVED The Owner or Subdivider agrees to construct all the roads as shown, on the said Subdivision Plan, according to the specifications for paved roads of the Corporation in effect at the date hereof and to maintain them until they are formally accepted by the Corporation. The specifications for boulevard grading shall apply to existing streets adjacent to the said Subdivision Plan. 9. ROAD GRADES, ETC. (a) Before actual construction begins proof must be furnished by the Owner or Subdivider or his/her agents that the road grades have been approved by the Engineer in order that the water mains, sanitary mains and appurtenances will be laid to the proper grade. (b) When, in the written opinion of the Corporation, it is necessary to change the said road grades the Owner or Subdivider agrees to grade the road to sub-grade in the manner and at the time stipulated by the Corporation in 6 accordance with the specifications of the Corporation, and to restore the streets to their original condition prior to the change in the grade. (c) GRADE The Owner or Subdivider agrees to grade, to the Corporation's specifications, to the full width, all road allowances as shown on the said Subdivision Plan, prior to the installation or construction of the relevant municipal services provided for herein. The Owner or Subdivider further agrees to keep the boulevards clear and free of all materials and obstructions, which might interfere with the installation of electric, telephone, gas or other utilities. The Owner or Subdivider will be responsible for any change in grade of any street up to 150 feet from the proposed Subdivision Plan where the change is reasonably necessary to service a street within the subdivision. 10. CURBS AND GUTTERS As determined by the Corporation, the Owner or Subdivider agrees to construct curbs and gutters on all the streets as shown on the said Subdivision Plan and on all existing streets adjacent to the said Subdivision Plan, subject to Section 9 (a) of this agreement, according to the specifications of the Corporation in effect at the date hereof, and to maintain them until they are formally accepted by the Corporation. If any curb depressions are not located correctly with respect to a driveway, the Owner or Subdivider shall construct a curb depression in the correct location and replace the original according to the said specifications. Pursuant to the above section, the Owner or Subdivider is not required to install curbs and gutters on Alward Street. 11. SIDEWALKS The Owner or Subdivider is not required as part of this Agreement to construct sidewalks on Alward Street. 12. PRIVATE WATER SOURCE The Owner or Subdivider agrees to install a private well for each of the five (5) lots in the Alward Street subdivision. As a matter of public health and safety, the Owner or Subdivider agrees to provide, for each well, water quality testing reports for nitrates and bacteria content and water quantity testing reports, all meeting the Provincial standards for residential use, prior to the issuance of any building permit. 13. LOT GRADING, SODDING, LANDSCAPING (a) The Owner or Subdivider agrees to grade, provide top soil and sod the portion of the street allowances lying between the front property line of 7 lots and the curb save and except any portion of the street allowance within the driveway. The Owner or Subdivider shall sod all front yards of each of the lots except for paved or planted areas, upon the completion of the construction of dwelling thereon. The Manager of Public Works must approve any exception to this requirement in writing. Said sodding must be in conformity with the grading control plan as set out on Attachment 'D2' attached hereto. (b) Upon the elevations and grades being established in accordance with this Agreement, the Owner or Subdivider, shall thereafter, maintain the same for so long as the Owner or Subdivider is the registered owner of the lot. The Parties agree that the Lot Grading Plan, attached hereto, and marked as Attachment "D2" is a photographically reduced and un-initialled copy of the Lot Grading Plan, initialled by the parties on the execution of this Agreement and that such initialled Plan forms part of this Agreement. The Parties further agree that in the event that any part or parts of Attachment "D", are illegible or conflict with the initialled Plan from which it was made, the initialled Plan shall prevail. (c) If, in the opinion of the Corporation, the Owner or Subdivider has at any time during which the Owner or Subdivider is the registered owner of any lot within the Subdivision Plan failed to establish or maintain any such grade or elevation as required by Paragraph 13 (c), the Corporation, may, after giving such notice to the Owner or Subdivider, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill, and do such works and remove anything from the lot as in the Corporation's opinion, may be necessary to remedy such default, and the costs thereof, shall be paid by the Owner or Subdivider, to the Corporation. (d) Where the Owner or Subdivider has sold a lot within the Subdivision Plan, and in the opinion of the Corporation, the Owner or Subdivider, or the subsequent owner has, at any time, failed to establish or maintain any grade or elevation required to be established or maintained by paragraph 13 (c), the Corporation may, after giving such notice to the subsequent Owner or Subdivider, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill and do such works and remove anything from the lot as in the Corporation's opinion may be necessary to remedy such default and the costs thereof, shall be paid by the subsequent Owner or Subdivider, to the Corporation, and if no lots are sold, it shall constitute a lien on the lot and interest shall be payable on the amount thereof at the rate of Fifteen percent (15%) per annum, commencing Fifteen (15) days after the mailing of the statement to the subsequent Owner or Subdivider, at his/her last known address. 14. STORM WATER MANAGEMENT 8 As determined by the Corporation, a final Stormwater Management report is to be submitted to the Corporation and affected lands deeded to the Corporation for future maintenance. 15. ADMINISTRATION AND INSPECTION COSTS (a) The Owner or Subdivider agrees to pay to the Corporation all administrative costs incurred in connection with this Agreement, including legal and engineering costs. (b) All of the underground works installed shall be constructed and installed under the supervision of inspectors approved by the Corporation. The Owner or Subdivider hereby agrees to pay all accounts of the Corporation in connection with the services of the said Inspectors. No work specified in the Agreement or in the specifications shall be carried out unless there is an inspector to ensure that all work is being completed in accordance with specifications approved by the Corporation. 16. FINANCIAL PAYMENTS —CAPITAL CHARGES Except as expressly provided in this Agreement, the charges payable pursuant to this Paragraph 16 shall be payable by the Owner or Subdivider as specified. (a) PARKLAND DEDICATION FEE The Owner or Subdivider shall provide parkland dedication in the form of cash-in-lieu $500.00 per created lot. This value is to be $1500.00 and shall be collected as a condition of consent applications E13/17 and E14/17. (b) STREET LIGHTING The Owner or Subdivider shall be responsible for any costs associated with street light installation. The Corporation shall determine the type, number and location of the said streetlights and be provided with a streetlight layout plan. All streetlighting shall be activated prior to the issuance of the first occupancy permit. (c) ELECTRICAL DISTRIBUTION SYSTEM The Owner or Subdivider hereby agrees to construct a complete electrical system at his/her expense including all switches, junction boxes, transformers, wire, hydro service connections, and appurtenances, to the street line to service all lands in the said Subdivision Plan, according to designs approved by Hydro One and according to its specifications which are in effect at the time of the installation of the system and not necessarily those in effect at the time of this Agreement, and to maintain them until they are formally accepted by Hydro One. Hydro One reserves the right to do the work and the Owner or Subdivider shall pay the total cost. The electrical system within the subdivision, shall be of sufficient size, depth and at a location to adequately service, in the opinion of Hydro 9 One, the subdivision of any lands serviced through it and where it is necessary to extend the system within the subdivision, to the existing system, outside the subdivision, and any adjacent subdivisions, the size, depth and location of the extension must be acceptable to Hydro One. Hydro One may connect or authorize the connection of the electrical system but the connection shall not constitute acceptance of the electrical system by Hydro One. All plans relating to the installation of the electrical system, appurtenances and services must be submitted to Hydro One for approval along with evidence that any variances from their standards are acceptable by the Municipal Electric Association. Confirmation of the activation of hydro services must be provided to the Corporation prior to the issuance of the first occupancy permit. (d) LOT FRONTAGE AND CONNECTION CHARGES (i) The Owner or Subdivider acknowledges and will be responsible for the payment of the Corporation's Lot Frontage and Connection Charges as established by the Corporation and CPI adjusted annually. Such payment shall be made at the time of the issuance of a building permit. 17. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner or Subdivider, shall supply the Corporation with a Liability Insurance Policy in the amount of Five Million ($5,000,000) Dollars, and in a form satisfactory to the Corporation, indemnifying the Corporation, and their agents from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner or Subdivider. In the event any renewal premium is not paid, the Corporation, in order to prevent the lapse of such liability insurance policy, may pay the renewal premium or premiums and the Owner or Subdivider, agrees to pay the cost of such renewal or renewals within Fourteen (14) days of the account therefore being rendered by the Corporation. The Owner or Subdivider shall provide written notice to the Corporation of the cancellation of the liability insurance policy, Twenty-One (21) days before the cancellation is to come into effect. 18. PERFORMANCE GUARANTEE (a) As security for the construction and installation of services required by this Agreement, the Owner or Subdivider, shall supply the Corporation with security for performance and completion of all works required by this Agreement, in an amount which is Seventy-Five per cent (75%) of the estimated cost of the works, as set out in Attachment "C" and one- hundred per cent (100%) of the estimated cost of the drainage works, as set out in Attachment "E", in the form of an Irrevocable Letter of Credit, from a chartered bank or other financial institution, satisfactory to the 10 Corporation, expressed to be pursuant to this Agreement, and payable to the Corporation at any time or in part, from time to time, upon written notice from the Corporation, that the Owner or Subdivider, is in default under this Agreement. The said security shall be for the period of time set forth in Attachment "B" for the completion of the works. (b) The Owner or Subdivider agrees with the Corporation that after Fifty percent (50%) of the said works are completed, to the satisfaction of the Corporation, the amount of the security will be progressively reduced to the amount equal to the estimated cost of the uncompleted work, plus Twenty per cent (20%) as determined by the Corporation's Engineer. The reduction will be made after the receipt of the progress certificate from the Consulting Engineer, proof that the contractor has been paid, and approval by the Corporation. However, the said security will not be allowed to be reduced below Twenty-Five per cent (25%) of the estimated cost of all works until all of the work has been completed to the satisfaction of the Corporation's Engineer and the Corporation and the Owner or Subdivider, has provided a Letter of Credit for the Maintenance Guarantee. If staging is approved by Council, the above shall be applicable per stage. 19. MAINTENANCE GUARANTEE The Owner or Subdivider agrees with the Corporation that, upon completion of the various parts of the works and prior to acceptance by the Corporation, the Owner or Subdivider, will provide at his/her own expense, a Letter of Credit for the sum of Twenty-Five per cent (25%) of the actual cost of all the works still subject to the guarantee, to guarantee the workmanship and materials for a period of Two (2) years from the date of satisfactory completion of the work. 20. OCCUPANCY OF BUILDING The Owner or Subdivider agrees that no building shall be occupied or used for any purpose in the subdivision until sewer, water wells and electricity are in operation, and in the opinion of the Corporation, capable of providing adequate service. The Owner or Subdivider further agrees that no building shall be occupied or used for any purpose in the subdivision until a base coat of asphalt has been installed, and approved by the Manager of Public Works or designate, on the road immediately in front of the building and extending to an existing municipal road, and to maintain vehicular access to the said building until the roads are formally accepted by the Corporation. 21. TIME LIMIT FOR WORK AND GUARANTEE FOR WORKMANSHIP AND MATERIAL Save as herein otherwise provided the Owner or Subdivider agrees to complete the work required under this Agreement within the Time Limits specified in the Attachment attached hereto as Attachment "B", and to guarantee the workmanship and materials for a period of Two (2) years from the date that the 11 said works are approved, in writing, by the Corporation. Any work other than that specifically provided for in Attachment "B" shall be completed within the time limit provided for herein. The Owner or Subdivider shall, in the period prior to final acceptance of the services or utilities to be constructed under this Agreement as soon as it is practicable after receiving written notice from the Corporation repair any damage caused to existing services or utilities by the implementation or performance of this Agreement or caused during the construction of dwelling units or other buildings on any part of the development. Should the Owner or Subdivider fail or neglect to carry out repairs or any other work required of this Agreement the Corporation may, in addition to any other rights or remedies it may have at law or in equity, assert and exercise the rights provided for in Clause 22. 22. UNCOMPLETED OR FAULTY WORK If in the opinion of the Corporation the Owner or Subdivider is not completing or causing to be completed the work required in connection with this Agreement, within the specified time, or is improperly performing the work, or shall the Owner or Subdivider neglect or abandon it before the completion or unreasonably delay the same so that the conditions of this Agreement are being violated, or carelessly executed, or in bad faith, or shall the Owner or Subdivider neglect or refuse to renew or again perform such work as may be rejected by the Corporation, as defective or unsuitable, or shall the Owner or Subdivider, in any other default in performance of the terms of this Agreement, then, in any such case, the said Corporation shall promptly notify the Owner or Subdivider and his/her surety in writing of such default or neglect and if such notification be without effect within Seven (7) clear days, after such notice, then in that case, the Corporation shall have full authority and power to immediately purchase such materials, tools and machinery and to employ such workmen as in their opinion, shall be required for the proper completion of the said work, at the cost and expense of the Owner or Subdivider, or his/her surety or both. In cases of emergency, in the opinion of the Corporation, such work may be done without prior notice but the Owner or Subdivider shall forthwith be notified. The cost of such work shall be calculated by the Corporation whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of Twenty per cent (20%) of all labour, material and machine time charges incurred to complete the work and further, a fee of thirty per cent (30%) of the charges incurred for the dislocation and inconvenience caused to the Corporation as a result of such default on the part of the Owner or Subdivider, it being hereby declared and agreed that the assuming by the Owner or Subdivider of the obligations imposed by this paragraph is one of the considerations without which the Corporation would not have executed this Agreement. It is further understood and agreed between the parties hereto that such entry upon the lands shall be as an agent for the Owner or Subdivider, and shall not be deemed for any purpose whatsoever as an acceptance of the said services by the Corporation. 12 23. GENERAL PROVISIONS The Owner or Subdivider agrees with the Corporation: (a) REGISTRATION OF AGREEMENT The Owner or Subdivider agrees that this Agreement shall be registered by the Corporation's Solicitor upon the title to the lands within the Subdivision Plan, and agrees to pay all solicitor's fees and disbursements incurred by the Corporation in respect to registration of this Agreement, forthwith, upon demand. (b) CONTINUATION OF EXISTING SERVICES Where the construction of services herein involves a continuation of existing services to join into the same including adjustment of grades where necessary, such work to be completed in a good workmanlike manner and at the expense of the Owner or Subdivider with the proper approvals. (c) PUBLIC LANDS — FILL AND DEBRIS To neither dump nor permit to be dumped any fill or debris on, nor to remove or permit to be removed any fill from any public lands, other than the actual construction of roads in the subdivision without the written consent of the authority responsible for such lands. The Owner or Subdivider shall, on request, supply the Corporation with an acknowledgement from such authority of the Owner or Subdivider's compliance with the terms of this clause. (d) QUALITATIVE OR QUANTITATIVE TESTS The Corporation may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement and the cost of such tests shall be paid by the Owner or Subdivider within Fourteen (14) days of the account being rendered by the Corporation. (e) RELOCATION OF SERVICES To pay the cost of relocating any existing services and utilities caused by the development work within Fourteen (14) days of the account for same being rendered by the Corporation. The Owner or Subdivider further agrees to similarly pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Corporation, as to interfere with the use of the driveway. (f) TAXES That prior to the release of the Subdivision Plan for registration the Owner or Subdivider shall pay the taxes in full for all the lands included in the 13 said Subdivision Plan according to the last revised assessment roll, until the lands are assessed and billed as separate registered lots. (g) LOCAL IMPROVEMENTS Prior to the release of the Subdivision Plan for registration, to prepay any outstanding local improvement charges which are levied against any of the lands in the said Subdivision Plan. (h) SPECIFICATIONS Unless otherwise specified, any work required under this Agreement shall be according to the specifications of the Corporation. Any and all approval of plans and specifications by the Corporation does not relieve the Owner or Subdivider of responsibility for errors and omissions in the plans and specifications. It shall be the responsibility of the Owner or Subdivider to supply any third party contractor with all necessary information to compete the works contemplated under this Agreement. (i) STREETS During the construction of the services and utilities required to be constructed under this Agreement and during the construction of any dwelling units to be constructed within the subdivision all streets within the development site and Alward Street shall be maintained in good repair and clean by the Owner or Subdivider but this obligation and liability of the Owner or Subdivider does not extend beyond the time of final acceptance by the Corporation. Until final acceptance, the Owner or Subdivider shall be responsible to maintain the entrances to the site on the existing municipal street to ensure the roads are kept clean and free from dust and debris. (j) STREET SIGNS Street signs and traffic control signs will be installed by the Municipality at the Owner's expense. (k) LICENCE TO ENTER To retain a licence from any subsequent purchaser of the aforesaid lands to enter upon such lands in order to comply with the provisions of this Agreement. (I) SANDING, DUST CONTROL, SNOW/ICE REMOVAL FROM ROADS Prior to the Corporation assuming the services, the Owner or Subdivider agrees to provide, at their expense, dust and weed control. 14 The Corporation agrees to snowplow and sand all paved roads in the subdivision upon completion by the owner of the base coat of asphalt and when all frames and covers for catchbasins, manholes and water valves have been set at the same elevation as the base coat of asphalt so they will not interfere with snowplowing operations. The Owner or Subdivider agrees that any service provided by the Municipality prior to formal acceptance of the road by the Municipality shall not be deemed acceptance of the road. (m) SURVEY MONUMENTS AND MARKERS Prior to the formal acceptance of the services and roadwork by the Corporation, the Owner or Subdivider shall supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he/she has found all standard iron bars and survey monuments as they pertain to only vacant lots remaining on the date of the acceptance of the subdivision plan. (n) INTEREST Interest at the per annum rate of Three per cent (3%) points above the prime rate of the Corporation's bank shall be payable by the Owner or Subdivider, to the Corporation, on all sums of money payable herein, which are not paid on the due dates calculated from such due dates. The due dates of any sum of money shall be Fourteen (14) days after the date of the invoice. (o) CANCELLATION OF AGREEMENT In the event the Subdivision Plan is not registered within one year from the date hereof, the Corporation may, at its option, on one month's notice to the Owner or Subdivider, declare this Agreement to be null and void. (p) NOTICES Any notices required to be given hereunder may be given by registered mail, addressed to the other party at its address according to the most recent assessment roll and shall be effective as of the date of the deposit thereof, in the Post Office. (q) UNSOLD LOTS The Owner or Subdivider is to provide suitable weed control on any unsold lots. Failure to do so will result in the Corporation performing the work and assessing a charge or lien to the property. (r) STAGING The Owner or Subdivider covenants and agrees that the construction of the subdivision will be completed in one Phase as Alward Street with all of the services required to be provided by the Owner or Subdivider and the 15 Owner or Subdivider may complete such services in accordance with such phasing proposal as specified in Attachment "B". (s) BUILDING PERMITS The Owner or Subdivider covenants and agrees not to apply for any building permit for any building on the lands until the following pre- requisites have been satisfied: 1. The Water/Wastewater Operations Manager has advised in writing that all sanitary sewer main systems, as applicable, have been constructed and installed in accordance with this agreement and connected to existing facilities that are in operation and until the entire system is, in the opinion of the Manager, capable of servicing said lands. 2. The Manager of Public Works has advised in writing that rough grading has been carried out to his/her satisfaction and that building permits may be issued in accordance with the grading control plan attached hereto as Attachment 'D2'; storm water sewer systems have been installed and road constructed; all traffic, street signs and utilities have been installed. Exceptions to this condition may be permitted where, in the opinion of the Manager of Public Works, there are extenuating circumstances. In these cases, the Owner or Subdivider shall undertake protective and remedial measures to the satisfaction of the said Manager. All costs of such protective and remedial measures shall be borne by the Owner or Subdivider. 3. Hydro One has advised the Corporation in writing that the complete electrical system has been installed in accordance with this agreement and is capable of servicing the lands. Exceptions to this condition may be permitted in writing at the discretion of the Corporation. 4. The Owner or Subdivider has satisfied all the financial requirements under this agreement. (t) SIGNAGE FOR PROJECT The Owner or Subdivider is entitled to erect one sign on the property of the proposed plan advertising the project. Any sign erected must conform to the Corporation Sign By-law. The sign must be kept in good repair at all times and will be required to be removed once all lots are sold. (u) TREE PLANTING The Owner or Subdivider shall plant one tree per lot in a location and of a kind and size approved in writing by the Manager of Public Works. Should any tree die within 12 months of planting the Owner or Subdivider shall replace the tree with a new tree as prescribed in this agreement. 16 Trees are to be planted a minimum of 1 metre (3.3 feet) behind the property line and located so as not to interfere with services and utilities at any time. (v) SURFACE WATER MANAGEMENT DURING CONSTRUCTION The Owner or Subdivider agrees to require the contractor to provide means to avoid ponding, erosion and/or flooding onto adjacent properties during construction and will continue until lots have been developed by means of erosion provisions such as silt fencing, straw bales and rough grading of undeveloped lots to maintain all surface water on developed property. (w) DRIVEWAY APPROACHES The Owner or Subdivider shall pave all driveway approaches to the satisfaction of the Manager of Public Works upon the construction of the building serviced by any such driveway. If any dropped curb is not located correctly with respect to any driveway, the Owner shall construct a dropped curb in the correct location and shall fill in the original dropped curb in accordance with specifications. 24. The Owner or Subdivider agrees with the Corporation: (a) EXTENT OF WORK The extent of work shall be construed to consist of the labour and materials necessary for the construction in a good substantial, workmanlike manner of all the items required for the completion of the entire work consisting of all the items shown on the drawings which have been approved by the Corporation, and which shall be installed according to these specifications; also, of all excavations, drains, sheathing, shoring, false-work, forms, tools, appliances, and materials necessary for the safe expeditious and effective execution of all temporary and permanent work. The Owner or Subdivider shall be responsible for obtaining the location of all other Utilities such as Electric Underground Cables, Telephone Conduits, Sewer Catchbasins, Farm Drainage Tiles, Gas Mains and Services, etc., from the utility concerned, and must protect and/or repair same subject to the regulations of the particular service involved Excavations, backfilling and all work on Municipal Streets must have the approval of the Engineer and/or Corporation. Pavements, driveways, entrance to property, lawns, etc., must be replaced in as good condition as found. Barricades and lanterns must be installed on all works for the protection of vehicles and pedestrians and all precautions taken to minimize the risk of damage and inconvenience to others. 17 All work shall be carried out so that it conforms to the regulations of the Trench Excavators Act, and the Worker's Compensation Board, as it pertains to the safe working conditions of the workers employed on the job. The Owner or Subdivider shall take full responsibility for pavement breaks, which must be approved by the Engineer and restored to the regulations applicable. The closing of roads due to the installation of watermains must have the approval of the Corporation's Engineer and the Owner or Subdivider, must observe all applicable regulations. If the Owner or Subdivider wishes to use a fire hydrant for a supply of water for construction purposes he must obtain approval from the Fire Chief and/or Corporation and provide a proper fitting, complete with shut- off valve to attach to the hydrant. Under no condition is he to operate a hydrant repeatedly as this may cause damage to the mechanism necessitating a compete overhaul. The opening and closing of valves and the loading of watermains only to be performed by employees of the Corporation or its agents. The Consulting Engineer(s) should make arrangements in advance for this type of work to be done. The cost of performing this service will be charged to the Owner or Subdivider and all accounts shall be settled on demand. All cutting connecting to the Corporation's existing mains are normally made by the Corporation's forces at the expense of the Owner or Subdivider. This work may be performed by the Owner or Subdivider by permission of the Engineer and/or Corporation, and with the Inspector present. In the absence of the Owner or Subdivider from the job (whether permanent or temporary), he/she shall provide and leave a competent and reliable agent or foreman in charge and all notices communications, instructions, or orders given, sent, or served upon this person, shall be taken as served upon the Owner or Subdivider. (b) SPECIFICATIONS The installation of the sanitary sewer distribution system is to be carried out in accordance with the specifications previously referred to as supplied by the Corporation. These specifications are considered to be a part of this Agreement. The Owner or Subdivider is required to obtain the necessary approvals and permits from the Ministry of Environment & Climate Change (MOECC) and provide approvals confirmation to the Corporation. (c) LIENS OR CLAIMS The Owner or Subdivider agrees that, upon applying for final acceptance of the sanitary system in the said subdivision, to supply the Corporation 18 with a Statutory Declaration that all accounts for work and materials have been paid or provided or that there are no claims for liens or otherwise in connection with such work done or materials supplied on behalf of the Owner or Subdivider, in connection with the subdivision. 25. Attachments "A" through "E" as listed are attached hereto: 1. Attachment "A" Registered Plan — RP 11R9370 Parts 1,2, 5, 6 & 7 2. Attachment "B" Time Limits 3. Attachment "C" Estimated Costs of Works 4. Attachment "D1-4" Construction Drawings/Lot Grading Plan 5. Attachment "E" Estimated Costs of Alward Drain Works All shall form part of this Agreement and time shall be of the essence with respect to items contained herein. 26. The Corporation shall be entitled to enforce the provisions of this agreement against the owner of the lands to which it applies, and subject to the provisions of the Land Titles Act against any and all subsequent owners of the lands. 27. The Owner or Subdivider may assign this Agreement only with the consent of the Corporation. 28. All parties hereto shall execute and deliver (or cause to be done, executed and delivered) all such further acts, documents and other assurances that may be reasonably required by the parties for the completion of the work contemplated by this Agreement. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate seals, attested to by the hands of their proper officers in that behalf fully authorized. Date Gerhard Heide, Owner Witness Bernhard Reddekopp, Owner We are authorized to bind the corporation. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Paul Ens, Mayor Paul Shipway, Clerk T1i clime-iv r�r�v �' �/a F� Jo6divi -/ ii l yrrrnrnI- /9/v.or i;irc'�_t` j q COORDINATE SCHEDULE ° M R PLAN 11R—9376 ALL COORDINATES ARE IN METRES-ANO PERE DERIVED FROM aIIF; ACT MO GPS OBSERVATIONS USING THE PREOSE POINT POSITIONING 0 (PPP)SERVICE AND ARE REFERRED TO UTI.ZONE 17,NADBD(CSR0) 0A14 FEBRUARYA2ET1 16A2�hard //////111111���������������_P09� 2},2.11 COORDINATE VALUES ARE TO URBAN ACCURACY IN ',.1.£,rdnee-' ACCORDANCE PITH 0.REG 216/10 0114121 .__ .1_ Wn POINT NORTHING CASTING101-11) ` 5�°�ra A !7340.595 SID641.124 PART SCHEDULE B 47}2706.079 519520:293• PART LOT CON P./.N. AREA NATES CANNOT,IN INEUSELVES.BE USED TO 1v a 1{215 50.R. RE-ESTABLISH CORNERS OR BOUNDARIES SHOWY ON 11115 PLAN 2 353'41-1'0245 14016 50.R, CC 3 111120 5.2.FT. o C5u5mrt0 m rI AID n6TANCEs ev uxvrwG RY a3wb Alm awl° Z• 4 21001 kY° 301 15093 SQ.R. • I a IV A.�zb 3e.T�a�x' 1666250.R. sNC44 a 12210 50.R. tab 17006 S0.R. COUNTY I1 —_ ' 0219 :'MDSE°,::� 1-1,3.9,, ,� TALB07 ROAr� Na :M;s�ie`eT OISSO au°�.,,x..,u«-°:n y�i 38 PLAN OF SURVEY OF ��— + HSRI FAGS oµ5 o�,s ON ROAD PART OF LOTS 125 AND 126 'u'6 °:.,,M) LIRE CONCESSION SOUTH OF TALBOT ROAD 030(0,,z a ul ., GEOGRAPHIC'705.05H/P OF HAYHAM U. s O93C 0,,As 0 s) '-y_,x br 6s'oo I, MUNIC/PAUTY OF DIE p a ' 2 _ m N e —.6T°6A no TOWNSHIP OF BAYHAM } € s i i �— COUNTY OF ELGIN m - s A al 12� 1 , I u~) / G B l m E. 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(0» EM a SESEMED a MUMMY 6,057¢1 4-0219 yO 5p,)��, i''''? 06xarts Ca,CE1aTMa'"6H0"`x N1w10 G 5 KIM HUSTED SURVEYING LTD. Go- 30 RAMEGYNS1TLET,,1ARIO MLSCRBURRu9 SURVEYOR 1140 1.9 PHONE 519542-3618 FAX 510-012-3833 PROJECT:10-9342 REFERENCE HF 1 631'1am1.x 1 . 20 ATTACHMENT "B" to Subdivision Agreement TIME LIMITS SERVICES TO BE PROVIDED TIME LIMIT FOR CONSTRUCTION (1) Storm and Sanitary Sewer Construction April — May 2018 (2) Granular Roadwork May 2018 (3) Electrical and Utilities June 2018 (4) Base Asphalt October 2018 (5) Lot Grading and Boulevard Completed by December 2019 Restoration to be completed with House construction (6) Surface Asphalt November 2018 gi jigcwwi la41% "c 4) 14 01/1// ,or► 4r - 'ejs� 1721 G 8 March 2018 SCHEDULE 1 ALWARD STREET SEVERANCE MUNICIPAUTY OF BAYHAM-STRAFFOROVILLE ESTIMATED CONSTRUCTION COSTS (5 Semi-detached Lots) QUANTITY UNIT PRICE TOTAL SANITARY SEWER 200mm0 96.6 m 130 $12,558 1200mm0 manholes 2 each 4,000 8,000 PDC's 10 each 1,300 13,000 Miscellaneous 442 $34,000 $34,000 STORM SEWER 150mm0 Big'0' 20.0 m 50 $1,000 200mm0 121.2 m 130 15,756 250mm0 97.7 m 140 13,678 375mm0 HDPE BOSS 2000 Culvert 48.0 m 200 9,600 1200mm0 catchbasin manhole 1 each 4,000 4,000 PDC's 9 each 750 6,750 Single catchbasin 6 each 1,500 9,000 Miscellaneous 216 $60,000 60,000 ROADWORK(135±m,equiv.to 7.3 width of exc.) Removals(Alward Street) $1,000 Excavation,topsoil stripping,grading excluding lot grading 5,500 Granular A 370 m3 35 12,950 Fine grading 2,000 HL8 173 tonnes 100 17,300 Milling,sweeping&tack coat(1280m9 1,280 HL3 148 tonnes 110 16,280 Topsoil&Sodding 1640 m2 5 8,200 Adjust manholes and catchbasins 4 each 500 2,000 Miscellaneous 490 $67,000 67,000 Sub-Total $161,000 100%Work within ROW $ 161,000 1.76%Effective HST 2,834 Total Security Required $ 163,834 SES 'a The foregoing costs exclude: Andrew Gilvesy,P.Eng. { N9� •Development charges; CYRILJ.DEMEYERE LIMITED / eilirpoib., F•Electrical CONSULTING ENGINEERS ; � ... Z •Legal and survey costs TILLSONBURG,ONTARIO U m F� A. GU • (ra °�°° ALWARD STREET KEY PLAN N Oa .ASEVERANCES 1111.---i STRAFFORDVILLE 3 �'tii F ,1 MUNICIPALITY OF BAYHAM SITE NR ALE.x d LIST OF DRAWINGS TRAFFIC CONTROL NOTES -- - PRIOR TO CLOSING ANY STREET.THE CONTRACTOR SHALL O TNN CLEARANCE �°Yi°X�°D"re'" P1n °�wai•a "DESCRIPTION oDRlsaPEwTDa THE LOCATION AND RAnTHE ammo 1 COVER SHEET—GENERAL SERVICING PLAN CLOSURE NO EACCESS roWLL cEGS 6 ARxaDRwCTED BY 1HE RAGTAG F.. 2 GRADING PLAN/TRIBUTARY AREAS 3 ALWARD STREET LA nen a MLLBEVO�TTm LrIALO ria THi O flarixo 'LANG q GENERAL NOTES,,DETAILS DETAILS AND SECTIONS ARE RECANTED DHIWSaT""°°"TREMOR _ IN MUST aE R%TAROS TM ONTARIO TNN. R - .TENPauRv camnas A MAO STREETS THAT VAMDT BE USE STAN N 010•IDXSOIiNOF C1 row:— . — .-mHMACNSHALL CONTROL AND 11M11004 NE TRAwm ROAD AM UNTIL BASE IS COUPLER. L _- - AVOr'AlrgiUDrtN 7SE eWAE DK DWHC nCMRAr ti OI- � o -, � �1ftO g� � CL ' i so . , 6& Oast\l ,cCi - } iro*00 _ , An SCE,:SO a FORMER RAILVI,reY � i oIiLEGEND .LdeA . 0.... „ ® w`.. 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ALW CES PRECAST CONCRETE DITCH INLET' 1�� _ ...- A'at. sr • - ""°" T ., sB°se XB ARD STREET SEVERN! _P.J.P,y 1B-a aooM PLAN 11R-11370 .701-TMz-ve. .....".^.........................___.._ _._. a COTIwNIRyEnyhlBNea Pee:sal-eazaxBs Eoo I.BooRR "" 73................7=7.=7.........,,,,,........,.:........ ......................... are.,I CJDL==z�33 I ���� h��•• ..TNLLOSTOORME ,/1rEDAe o, 0910 �.,,M.m,,, GENERAL NOTES, DETAILS AND OPSD 705.030 .. ...u_.... '�"` ^^ , nev®AwA,c�AP,en.iav TAO, ,xa DESIGN BM AC DRAWN BY: JSF fNEtlEEDBY:PSP CROSS—S CTIONS No. PENSION DATE a BY PRO.ECT ND 1711 SURVEY BY: TPM OATS Ol OCT SRT DRAWING No. 4 27-7/4 c/71 r : 7 " D `` ,s,..�' ( " \ i i '� tut 12 1' L " ,/6 ubbIc)Is!or,) P\GREEAE.� ALWARD DRAIN 7 1 �� �� Municipality of Bayham We have made an estimate of the cost of the proposed work which is outlined in detail as follows: ALWARD DRAIN Installation of the following H.D.P.E. sewer pipe including installation bedding and backfill materials for sewer pipe 140 meters of 250mm dia. H.D.P.E. sewer pipe $ 4,440.00 186 meters of 300mm dia. H.D.P.E. sewer pipe $ 6,140.00 Supply of the above listed pipe $ 6,010.00 Supply and Delivery of 19mm crushed stone (Approx. 130 tonnes) $ 2,600.00 Supply and install one(1) 600mm x 600mm ditch inlet catchbasin, including grates, berms, ditching and connection to existing basin $ 1,900.00 Exposing and locating existing tile drains and utilities $ 700.00 Tile connections and contingencies $ 1,100.00 Allowances under Sections 29 of the Drainage Act $ 1,080.00 ADMINISTRATION Interest and Net Harmonized Sales Tax $ 730.00 Survey, Plan and Final Report $ 6,500.00 Expenses $ 1,190.00 Supervision and Final Inspection $ 1,210.00 TOTAL ESTIMATED COST $ 33,600.00 g,AY ,414.4.1".. REPORT ' ' DEVELOPMENT SERVICES �1typo _Co0`4 l'tunity Is TO: Mayor & Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: March 15, 2018 REPORT: DS-19/18 FILE NO. SUBJECT: ALWARD STREET DRAIN BACKGROUND: On May 26, 2017 the clerk received a petition for drainage from Bernhard Reddecop. On June 15, 2017, Council appointed Spriet Associates to make an examination of the drainage area and prepare a report for Council's consideration. On March 1, 2018 Engineer's Report# 217145 was considered at a public meeting. DISCUSSION: Council directed the Engineer to revise the report so that the proposed drain would not be located on Mr. Bob Gregson's land. Engineer's Report# 217145 received from Spriet Associates dated January 19, 2018 and revised on March 5, 2018 was filed with the Clerk on March 6, 2018. Council should now determine whether it wishes to proceed with Notices under the Drainage Act and direct the Clerk to send a copy of the Report and Notice of Public Meeting setting out the date of the Council meeting at which this report will be considered to: (a) Every landowner within the area requiring drainage. (b) Clerk of every other local municipality in which any land or road that is assessed for the drainage works, or for which compensation or other allowances have been provided in the report is situate. (c) Any public utility, railway company or road authority that may be affected. (d) Long Point Region Conservation Authority. (e) The Ministry of Natural Resources. (d) The Director, of the Ministry of Agriculture, Food and Rural Affairs. RECOMMENDATION 1. THAT Report DS-19/18 regarding the Alward Street Drain be received for information; 2. THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #217145 dated January 19, 2018 and revised on March 5,2018 for the Alward Street Drain, as prepared by Spriet Associates, and filed with the Clerk on March 6, 2018; 3. THAT Council set a date for the Public Meeting to he held on April 5, 2018 at 8:00 pm to consider the Report; 4. AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works in accordance with the Drainage Act. Respectfully Submitted by: Bill Knifton / Paul Shipway Chief Building Official CAO Drainage Superintendent $AYH ►, �. REPORT ,,,,,,„,,,,, _ „,,,,,,,,,,,,-,,ona-p.----1,- ,-rzt..-2x_;,,, ,;:..- ,s_ _ DEVELOPMENT SERVICES 0 5 pp44 oltunjty IsX0 TO: Mayor & Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: March 15, 2018 REPORT: DS-20/18 FILE NO. C-07/E09 SUBJECT: FERNLEY DRAIN IMPROVEMENTS BACKGROUND: In April, 2016 a request was received from Tony Wall who resides at 54732 Nova Scotia Line for drainage improvements. On April 7, 2016, Council appointed Spriet Associates to make an examination of the drainage area and prepare a report for Council's consideration. On March 1, 2018 Engineer's Report# 216088 was considered at a public meeting. DISCUSSION: Council directed the Engineer to revise the report so that the existing drain located on Harry Broughton's land was left as existing and not rebuilt as per Mr. Broughton's request. Engineer's Report# 216088, received from Spriet Associates dated January 3, 2018 and revised on March 5, 2018 was filed with the Clerk on March 8, 2018. Council should now determine whether it wishes to proceed with Notices under the Drainage Act and direct the Clerk to send a copy of the Report and Notice of Public Meeting setting out the date of the Council meeting at which this report will be considered to: (a) Every landowner within the area requiring drainage. (b) Clerk of every other local municipality in which any land or road that is assessed for the drainage works, or for which compensation or other allowances have been provided in the report is situate. (c) Any public utility, railway company or road authority that may be affected. (d) Long Point Region Conservation Authority. (e) The Ministry of Natural Resources. (d) The Director, of the Ministry of Agriculture, Food and Rural Affairs. RECOMMENDATION 1. THAT Report DS-20/18 regarding the Fernley Drain Improvements be received for information; 2. THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #216088 dated January 3, 2018 and revised on March 5, 2018 for the Fernley Drain Improvements, as prepared by Spriet Associates, and filed with the Clerk on March 8, 2018; 3. THAT Council set a date for the Public Meeting to he held on April 5, 2018 at 7:45 pm to consider the Report; 4. AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works, and in accordance with the Drainage Act. Respectfully Submitted by: Bill Knifton Paul Shipway p Y Chief Building Official CAOICIerk Drainage Superintendent faLONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS MINUTES of February 7, 2018 Approved February 23, 2018 Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Noel Haydt, David Hayes and John Scholten Staff in attendance: J. Maxwell, L. Minshall, P. Gagnon, M. Van Laeken and D. McLachlan Regrets: Craig Grice The LPRCA Chair called the meeting to order at 6:30 pm Wednesday, February 7, 2018 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS MOTION A-25/18 moved: W. Casier seconded: L. Bartlett THAT the LPRCA Board of Directors adds "GM Position" and "Acting GM Salary"under the Closed Session as item 11 (d) and (e) to the February 7, 2018 agenda. DISCLOSURES OF INTEREST None DEPUTATIONS None MINUTES OF PREVIOUS MEETINGS No questions or comments MOTION A-26/18 moved: R. Geysens seconded: D. Hayes THAT the minutes of the LPRCA Board of Directors Regular Meeting held January 10, 2018 be adopted as circulated. CARRIED MOTION A-27/18 moved: D. Hayes seconded: R. Geysens THAT the minutes of the LPRCA Board of Directors Regular Meeting held January 17, 2018 be adopted as circulated. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 1 - BUSINESS ARISING None REVIEW OF COMMITTEE MINUTES None CORRESPONDENCE None DEVELOPMENT APPLICATIONS a) Staff Approved applications Staff approved five applications since the last meeting. LPRCA-261/17, LPRCA- 2/18, LPRCA-3/18, LPRCA-8/18 and LPRCA-9/18. MOTION A-28/18 moved: D. Hayes Seconded: W. Casier That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated January 29, 2018 as information. CARRIED b) New applications The Planning Department recommended approval for seven applications. Staff provided further detail for application LPRCA-4/18. MOTION A-29/18 moved: R. Geysens seconded: R. Chambers THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of the report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 188/06), LPRCA-4/18 LPRCA-10/18 LPRCA-13/18 LPRCA-5/18 LPRCA-11/18 LPRCA-14/18 LPRCA-15/18 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA's mandate and related Regulations. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 2- CARRIED NEW BUSINESS a) TREE ORDER 2018 The trees ordered in 2018 are destined for mainly private lands with some going to partners and some on LPRCA lands. The various restoration projects are sponsored by and/or paid for by private individuals through the LPRCA Private Land Tree Planting Program, 50 Million Tree Program, Clean Water projects, among others. MOTION A-30/18 THAT the LPRCA Board of Directors approves the 2018 tree order as presented by the Lands & Waters Supervisor at its regular meeting of February 7, 2018. CARRIED b) BIG OTTER MARINA— PERMISSION REQUEST Darryl Propper, Big Otter Marina Operator, requested approval to conduct annual maintenance dredging, and install floating docks. The property is owned by LPRCA and leased to Mr. Propper, therefore, the Ministry of Natural Resources and Forestry requires a letter from LPRCA granting permission for these works. MOTION A-31/18 moved: R. Geysens seconded: D. Beres THAT the LPRCA Board of Directors grants permission for the works by Darryl Propper on LPRCA lands at Pt Lot 11-12, Conc 1, Bayham (Big Otter Marine) as described. CARRIED c) WATERFORD NORTH 2018 HYDRO PROJECT The Waterford North Hydro Project has been ongoing since 2016. Staff recently discovered that the previous plan to upgrade the hydro service into the park was not acceptable to Hydro One. With the help of Hydro One, a new plan was developed and tendered out. Two companies submitted bids by the tender deadline. MOTION A-32/18 moved: R. Chambers seconded: L. Bartlett THAT the LPRCA Board of Directors accepts the tender submitted by Darlington Wiring and Plumbing Ltd. for completing the Waterford North Hydro Project as per the tender specifications for a total tendered price of$84,080 plus HST. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 3- d) ECOLOGICAL SURVEYS REPORT The ecological surveys completed in 2017 identify species at risk and provincially rare plants. The surveys will be used to reduce the impact on sensitive species during silvicultural operations throughout the 2018 season. MOTION A-33/18 moved: L. Bartlett seconded: D. Beres THAT the LPRCA Board of Directors approves the recommendations contained in the report submitted by Blue Oak Native Landscapes titled Field Surveys for Species at Risk Plants and Provincially Rare Plants at the Smith, Rowan Mills and Mason/Buchner Tracts. CARRIED e) ECOLOGICAL INVENTORIES FOR 2018/2019 LPRCA conducts ecological surveys prior to forest management activities. These surveys are contracted out and conducted annually. This year ecological surveys will be conducted at three properties (Gesquire, Rony and MacKintosh Tracts) consisting of 164.32 acres (66.5 Ha) total. Staff has again recommended retaining the services of Paul O'Hara of Blue Oak Native Landscapes. MOTION A-34/18 moved: L. Bartlett seconded: R. Chambers THAT the LPRCA Board of Directors approves retaining the services of Paul O'Hara of Blue Oak Native Landscapes to conduct ecological inventories of identified Conservation Authority properties— totaling 164.32 Acres (66.5 Hectares) for a total submitted bid of$24,100 plus HST, which includes all disbursements as part of the 2018/2019 Forest management Operating Plan. CARRIED f) PRESCRIPTION/OPERATING PLAN — HARLEY TRACT The prescription/operating plan for the Harley (Roswell/Brown) Tract was presented. Staff completed the report and David Holmes, Retired LPRCA Field Superintendent, reviewed and stamped the prescription as a third party consultant. MOTION A-35/18 moved: D. Beres seconded: L. Bartlett THAT the LPRCA Board of Directors approves the prescription/operating plan for the Harley (Roswell/Brown) Tract. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 4- g) WATERSHED REPORT CARD As part of a collaborative effort with all 36 conservation authorities, various provincial and federal agencies led by Conservation Ontario, the first Watershed Report Cards were issued in 2013 to report on the health of the watershed using standardized environmental indicators. In keeping with Conservation Ontario's aim to update the reports every five years, LPRCA is scheduled to release the 2018 Watershed Report Card March 22, 2018. MOTION A-36/18 moved: D. Beres seconded: R. Chambers THAT the LPRCA Board of Directors receives the Watershed Report Card report as information. CARRIED Staff to review available grants from the Federation of Canadian Municipalities for Low Impact Development (LID). h) YEARS OF SERVICE RECOGNITION There will be three staff and one Board Member recognized at the Annual General Meeting. Robert Chambers had been inadvertently left out of the report. MOTION A-37/18 moved: D. Beres seconded: D. Brunton THAT the Years of Service Recognition Report be received as information as amended. CARRIED g) ACTING GENERAL MANAGER'S REPORT The Acting GM provided a list of activities outside of the board reports that have been occurring throughout the organization over the past month. MOTION A-38/18 moved: R. Chambers seconded: D. Brunton THAT the LPRCA Board of Directors receives the Acting General Manager's Report for January 2018 as information. CARRIED Staff was requested to provide a report on the parks promotion workplan in a calendar format. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 5- MOTION A-39/18 moved: R. Chambers seconded: D. Brunton THAT the LPRCA Board of Directors does now enter into a closed session to discuss: O personal matters about an identifiable individual, including Conservation Authority employees CARRIED MOTION A-40/18 moved: D. Beres seconded: N. Haydt THAT the LPRCA Board of Directors does now adjourn from the closed session. CARRIED MOTION A-41/18 moved: D. Brunton seconded: L. Bartlett THAT the LPRCA Board of Directors approves the extension of the Interim Manager of Watershed Service contract for the 2018 season as per the Acting GM's confidential report of January 24, 2018 for the services of Lorrie Minshall. CARRIED The Chair adjourned the meeting at 9:00pm. dor/ M' ael Columbus Dana McLac an hair Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 6- 9 INTERNATIONAL DRIVE enfr PEMBROKE,OIC,CAN/ADA t!b County of Orrice or tRe en 613-735-7288 Ontario . Canada FHA:b13-/3�-Zu$1 ExpetY�ttce DNi Fils'i-ory,skar-e Cm,tueure.f www.couiityOrrenirew.un.Ca February 28, 2018 Premier Kathleen wynne I he Ronouurable Nathalie Des Rosiers Legislative Building Minister of natural Re5ource5 and Forestry Queen's NarR Suite 6630, 6th Floor, Whitney Block I oronto, Ontario ISI/A TAT yy Wellesiey Street West Via email: KWynne.mpp.co@liberal.ola.org, Toronto, Ontario M7A 1W3 Via email: NDesRosiers.mpp@liberal.ola.org Dear Premier Wynne and Minister Des Rosiers: On February 28, 2018 the Council of the Municipal corporation of the Luunty of Renfrew passed the tollowing resolution: WHEREAS approximately 6,900 people in Renfrew County are directly or indirectly employed by the forest sector and many of our communities are highly reliant on the local torest industry; WHEREAS approximately 30% ot the productive forest land base on Crown lands in Renfrew County has Some form of species at risk restriction on regular operations; WHEREAS Crown forests are sustainably managed according to the Crown Forest Sustainability Act (CFSA). Species at Risk and all other forest values are protected using the best available science, and economic and social values should be weighted with equal importance; WHEREAS it is desirable to allow forest managers and companies to continue to provide tor species at risk under one Act, the CFSA, while an independent panel develops a long-term approach that protects species at risk and their habitat and minimizes impacts to the forest industry; THEREFORE BE IT RESOLVED THAT the County of Renfrew asks that the Province provides the forest Sector with the certainty it needs to invest in the tuture, through a 5-year extension in Section 22.1 of the Fndungerd Speuics ACt,20D7 instead of the proposed 2-year extension; AND FOR I RER BE I I RESOLVED THAT the County of Rentrew supports the establishment ot an independent panel of credible stakeholders directly affected in their day-to-day lives by the management of crown land forests who will look at the facts of the matter to come up with a long-term solution; AND FuR I HER BE IT RESuCvED I RAI these decisions be made in a timely manner and shared before March 30 2018• Premier Wynne&Minister Des Rosiers -2- February 28,2018 AND FURTHER BE IT RESOLVEDiFiAI the Luunty of Renfrew circulate this resolution to the Premier of Ontario, the Minister of Natural Resources and Forestry, MPP John Yakabuski, Ontario Forestry Coalition, untario Forest Industries Association and all municipal councils of Ontario requesting that they endorse and support this resolution and communicate their support to the Ontario government. r he county of Renfrew recognizes that our communities, like many others in rural and northern Ontario, are dependent on the Wrest sector and have been impacted by the Endangered Species Acr since its inception in zoui. We luoK torward to improvements to the Act that will lead to a better tuture tor local businesses, communities and all species in the forests that surround us. Yours sincerely, itei.-/14/11L,ti" )" J'eniliter Murphy, Warden Lounty of Renfrew warden@countyofrenfrew.on.ca c. MPP John Yakabuski, Rentrew-Nipissing-Pembroke Ail Municipalities ut Ontario Ontario Forestry Coalition Ontario Forest Industries Association uttawa valley Forest Inc. Algonquin Forestry Authority Ministry of Ministere des Municipal Affairs Affaires municipales Provincial Planning Policy Direction des politiques provinciales Branch d'amenagement i/r Ontario 777 Bay Street, 13`h Floor 777, rue Bay, 13e etage Toronto ON M5G 2E5 Toronto ON M5G 2E5 Tel. 416-585-6014 Tel. 416-585-6014 Fax 416-585-6870 Telec. 416-585-6870 Ministry of Ministere du the Attorney General Procureur general Agency and Tribunal Relations Direction des relations avec les Division organismes et les tribunaux 720 Bay St,3rd Floor 720, rue Bay,3e etage Toronto ON M7A 2S9 Toronto ON M7A 2S9 Tel. 416-326-3723 Tel. 416-326-3723 Fax 647-723-2051 Telec. 647-723-2051 Date: February 27, 2018 Subject: Proclamation of the Building Better Communities and Conserving Watersheds Act, 2017 changes to the land use planning and appeal system We are writing to provide an update on the Building Better Communities and Conserving Watersheds Act, 2017, which was passed by the Legislature on December 12, 2017. In Effect Date The changes the Act makes to the land use planning and appeal system will come into effect on April 3, 2018, as specified by proclamation. This includes changes to: establish the Local Planning Appeal Tribunal (the Tribunal) as the province-wide appeal body for land use planning matters; improve the hearing process at the Tribunal; establish the Local Planning Appeal Support Centre to provide legal and planning support services to eligible Ontarians for matters before the Tribunal; limit the Tribunal's ability to overturn municipal decisions that adhere to municipal official plans, provincial plans and the Provincial Policy Statement; give municipalities more control over local planning, resulting in fewer decisions being appealed; and shelter certain major planning decisions from appeal. These changes are in response to the province-wide consultation undertaken as part of the Ontario Municipal Board Review. Regulations To facilitate implementation of the Building Better Communities and Conserving Watersheds Act, 2017, several new and amended regulations have been proposed. Proposals for the regulations under the Act were posted on Ontario's Regulatory and Environmental Registries for a 45-day public consultation period from December 7, 2017 to January 21, 2018. We anticipate providing you with an update on the proposed regulation changes and finalized approach to transition in the near future. Questions If you have any questions about the changes to the land use planning and appeal system, please email OMBReviewontario.ca. Sincerely, Laurie Miller, Director Mariela Orellana, Director (Acting) Provincial Planning Policy Branch Agency and Tribunal Relations Branch Ministry of Municipal Affairs Ministry of the Attorney General Ministry of Ministere des Municipal Affairs Affaires municipales Provincial Planning Policy Direction des politiques provinciales Branch d'amenagement i/r Ontario 777 Bay Street, 13`h Floor 777, rue Bay, 13e etage Toronto ON M5G 2E5 Toronto ON M5G 2E5 Tel. 416-585-6014 Tel. 416-585-6014 Fax 416-585-6870 Telec. 416-585-6870 Date: March 5, 2018 Subject: Planning Act Regulations related to the Building Better Communities and Conserving Watersheds Act, 2017 Further to the email sent on February 27, 2018, I am writing to provide an update on regulations under the Planning Act related to the Building Better Communities and Conserving Watersheds Act, 2017. The Planning Act regulations will come into effect on April 3, 2018. New regulations under the Local Planning Appeal Tribunal Act, 2017 are also proposed and it is anticipated that they will be finalized in the near future. In the interim, please visit the Ontario Regulatory Registry posting for information on the Local Planning Appeal Tribunal Act, 2017 regulations. Under the Planning Act, changes will be made to existing regulations to facilitate implementation of the Building Better Communities and Conserving Watersheds Act, 2017 changes to the land use planning and appeal system by: requiring explanations of how planning proposals are consistent/conform with provincial and local policies and clarify requirements for municipal notices; making technical changes, such as changing references from Ontario Municipal Board to Local Planning Appeal Tribunal, and amending cross-references; and establishing new transition provisions to set out rules for planning matters in process at the time of proclamation. You can view copies of the amending Planning Act regulations on Ontario's e-Laws: Ontario Regulation 67/18 "Transitional Matters — General" — amending Ontario Regulation 174/16 "Transitional Matters Relating to the Smart Growth for Our Communities Act, 2015" Ontario Regulation 68/18 — amending Ontario Regulation 543/06 "Official Plans and Plan Amendments" Ontario Regulation 69/18 — amending Ontario Regulation 549/06 "Prescribed Time Period — Subsections 17 (44.4), 34 (24.4) and 51 (52.4) of the Act" Ontario Regulation 70/18 — amending Ontario Regulation 551/06 "Local Appeal Bodies" Ontario Regulation 71/18 — amending Ontario Regulation 200/96 "Minor Variance Applications" Ontario Regulation 72/18 — amending Ontario Regulation 197/96 "Consent Applications" Ontario Regulation 73/18 — amending Ontario Regulation 545/06 "Zoning By- Laws, Holding By-Laws and Interim Control By-Laws" Ontario Regulation 74/18 — amending Ontario Regulation 544/06 "Plans of Subdivision" Ontario Regulation 75/18 — amending Ontario Regulation 173/16 "Community Planning Permits" Questions If you have any questions about the changes to the land use planning and appeal system, including the Planning Act regulatory changes, please email OMBReview@ontario.ca. Sincerely, Laurie Miller, Director Provincial Planning Policy Branch Ministry of Municipal Affairs a 4; Ontario LEGISLATIVE ASSEMBLY Sylvia Jones, MPP Room 443,Legislative Building Dufferin-Caledon Toronto,Ontario M7A1A8 February 8th, 2018 Tel:416-325-1898 Fax: E-Mail:sylvia.jonesla@pc.ola.org Hon. Chris Ballard a i a Ministry of Environment and Climate Change 11th Floor, Ferguson Block 77 Wellesley.Street West Toronto, Ontario M7A 2T5 Dear Minister Ballard, I want to draw your attention to the work of your colleague,the Minister of Infrastructure. I trust you are aware the newly released requirements for asset management plans for municipal infrastructure include a variety of measures on wastewater assets. These include the frequency and volume of overflows in combined sewers, and a"description of the effluent that is discharged from sewage treatment plants in the municipal wastewater system." Municipalities are already required to send notice to the Ministry of Environment regional offices. It seems redundant for municipalities to be required to report the same information to the Ministry of Infrastructure. The government already has this information. Municipalities are already burdened by red tape and there is concern among smaller municipalities about their ability to comply with the new asset management plans. I encourage you to reduce the burden on municipalities by sharing the information you already have on sewage bypasses with the Ministry of Infrastructure. Sincer-1,411111, S 'ond MPP Dufferin-Caledon Cc: Hon. Bob Chiarelli, Minister of Infrastructure Cc: Progressive Conservative Municipal Affairs Critic,Ernie Hardeman ElginCounty February 13, 2018 To: Municipal Partners Re: Elgin County 2018 Budget Please be advised that Elgin County Council at its February 13, 2018 meeting approved the 2018 Composite Budget. Enclosed please find a certified copy of the budget by-law, a copy of the budget press release, and a report highlighting the budget. If you have any questions or comments, please do not hesitate to contact me. Yours truly, r7/ Jim Bundschuh, Director of Financial Services Enclosure County of Elgin Administrative Services 450 Sunset Drive St.Thomas,ON N5R 5V1 Phone:519-631-1460 www.elgincounty.ca Progressive by Nature E1ginCounty February 14, 2018 For immediate release County Budget Delivers Affordable Tax Rate with Service Enhancements CENTRAL ELGIN —At its February 13, 2018 meeting, Elgin County Council approved a $ 64,217,739 operating budget, with a 2.1 per cent increase in County taxes on an average property representing a 0.5% increase on the average home or approximately $7. This is 2% lower than previously anticipated. Council remains committed to achieving affordable taxes while maintaining and expanding high quality services for residents. The County has been able to do this, despite significant revenue losses of approximately $6 million in OMPF and Ford property tax, through the use of reserves, grant funding, and measured tax increments over ten years. In 2018, Council will continue to implement several initiatives committed to in previous budget cycles including the reconstruction of Terrace Lodge, timely maintenance of existing road infrastructure, a $3.5 million grant to the St. Thomas Elgin General Hospital, and investment in small business through a Community Improvement Plan (CIP). "Council is committed to the completion of infrastructure projects that will enhance the quality of life for residents of all ages," said Elgin County Warden David Marr. "We are also committed to providing these enhancements in a way that requires minimal incremental tax increases." Highlights of Council's commitment to improving the prosperity and quality of life in the community over the next ten years include: • $35 million for the rebuild of Terrace Lodge and capital maintenance projects for Elgin Manor and Bobier Villa of$8.0 million over the next ten years. • $2.5 million granted to the St. Thomas Elgin General Hospital through 2018 with a further$1.0 million in contributions planned for a total of$3.5 million by 2022. • $1 million in CIP funding to improve streetscapes and improve the economic outlook for the County's businesses will be enhanced with an additional $80,000 annually by reallocating the additional revenue from the elimination of the vacancy rebate/reduction. • $0.5 million in funding to attract government and private sector support for high speed internet (SWIFT). • Ensuring that businesses in the east and the west are properly supported by funding the Elgin Business Resource Centre with $190,000 annually • The county roads will receive $10 million in 2018 capital budget funding, with a further $109 million for the next nine years focused on timely investments in existing infrastructure to ensure the lowest possible lifecycle costs. This includes the rehabilitation of Wonderland Road and Vienna Line. • Purchase of$3.6 million of books for libraries over the next ten years. -30- For additional information, please contact: County of Elgin 450 Sunset Drive St.Thomas,Ontario Jim Bundschuh, Director of Financial Services N5R 5V1 Canada 519 631-1460 x 141 Phone:519-631-1460 www.elgincounty.ca jbundschuhna elgin.ca Elgin(()W `' Frovessr:c vi REPORT TO COUNTY COUNCIL tuiorc FROM: Jim Bundschuh, Director of Financial Services DATE: January 16, 2018 SUBJECT: 2018 Budget INTRODUCTION: Council is focussed on achieving an affordable tax increase in 2018, while maintaining and expanding the service enhancements committed to within the 2017 budget. These service enhancements include $35 million of expenditures to rebuild Terrace Lodge, as well as $0.5 million invested in the SWIFT broadband project. New service improvements for 2018 include enhancing the investment into the County's economic growth by supplementing the $1 million Community Improvement Plan (CIP) with a further$80,000 annually. In addition to upgrading Wonderland Road from a lower volume local road to a higher volume county road, improvements to the south-end of the road will be investigated. The proposed tax increase and improvements over the 2017 ten-year plan forecast are shown in figure 1 below. This year will result in a tax increase on the average household of $7 per property or 0.5%, compared to the 2.5% increase planned for 2018 a year ago. 4.0% 3.0% r o Proposed Increase p 2.0% 0 5.0%* e 1.0% -- d - 0.0% " 4.0%* Other Improvements 2.5%* m 4.0% , - Assessment Growth irk -2.0% - Tax Class Shift v Avg. Household Avg. Property Levy e 3 0� * Previously planned d increase Figure 1 -2018 Proposed Increase and Changes from Prior Plan The detailed operating, capital and grant budgets are found on the following attachments: o Attachment I - Explanation of Taxes o Attachment II ■ Schedule A- Ratios (subject to change) • Schedule B - Operating Budget • Schedule C -Tax Rates o Attachment III —Ten Year Business Plan o Attachment IV—Ten Year Capital Plan o Attachment V Ten Year Balance Sheet & Reserves o Attachment VI —Grants o Attachment VII — Departmental Details o Attachment VIII —2017 Qperating Performance o Attachment IX—2018 Provincial Property Tax Decisions DISCUSSION: Council's strategic vision has been to maintain and improve service levels while achieving an affordable tax increase. Council's commitment to service is evident through the funding Council has provided to programs and projects valued by the County's residents. These programs and projects span the gambit from health care to economic development to infrastructure to the environment. The funding highlights are as follows: 1. $35 million rebuild of Terrace Lodge and capital maintenance projects for Elgin Manor and Bobier Villa of$8.0 million over the next ten years. 2. $2.5 million granted to the St. Thomas Elgin General Hospital through 2018 with a further$1.0 million in contributions planned for a total of$3.5 million by 2022. 3. $1 million in CIP funding to improve streetscapes and improve the economic outlook for the County's businesses will be enhanced with an additional $80,000 annually by reallocating the additional revenue from the elimination of the vacancy rebate/reduction. 4. Two satellite offices for the Elgin Business Resource Centre (EBRC) to assist the County's budding entrepreneurs and help create local jobs. 5. $0.5 in funding to attract government and private sector support for high speed internet (SWIFT). 6. The county roads will receive $10 million in 2018 capital budget funding, with a further$109 million for the next nine years focused on timely investments in existing infrastructure to ensure the lowest possible lifecycle costs. The 2018 capital plan includes rehabilitation of Wonderland Road and Vienna Line. 7. Purchase of$3.6 million of books for libraries over the next ten years. 8. $40,000 grant to the Clean Water Initiative enters its second year of on-going funding. The remaining unfunded costs for Wonderland Road, together with the additional non- inflationary costs for Terrace Lodge totals $2.6 million. The delay in the Terrace Lodge project gives the County more time to set aside funds for the project, resulting in a reduction in the required debt from $24 million to $17 million. The resulting $1.7 million interest savings from the reduced debt burden will reduce the amount of unfunded capital projects to $0.9 million. This amount is of a magnitude that it could be absorbed in 2019 without the need for an incremental property tax increase. One potential source of funding might be from an additional year of OCIF funding, which the County anticipates the province will announce next year. In summary, it is recommended that the potential cost increases for the Terrace Lodge rebuild be funded without the need for an incremental tax increase. As was shown in Figure 1, property taxes on an average household will be 2% lower than previously anticipated. Tax shifts between property classes provided an improvement of 0.1% to the average household. In addition, assessment growth (population growth driving new construction) was 1.8%, compared to the anticipated 1% growth, thereby reducing the tax increase on an average property by 0.8%. Furthermore, other improvements of 1.1% as detailed in figure 2 include an increase due to Ontario employment changes (Bill 148) more than offset by reductions which include grant revenue and loan interest payments. 2017 operating surplus as detailed in Attachment VIII includes Worker's Compensation (WSIB) and supplemental tax performance which also allowes for further budget tightening in 2018 in these two categories. 0.6% 0.4% - • Ontario Employment $150,000 Ongoing 0.2% changes 0.0% -0.2% Grant (OCIFIFG1IBikeS:, $1.2 million one-time _ Lane) Revenue -0.4% ''$ 1.1% Net Other Improvement to _ -0.6% 2018 Proposed Tax Reduced loan $` -0.8% $1.7 million one-time interest payments -1.0% $0.8 million one-time -1.2% Ccc el 1C Surplus Supplementals 2018 $330,000 one-time x 2 -1.4% -- Adjustment WSIB 2017 Surplus WSIB Budget $250,000 one-time x 2 -1.6% - Adjustment. -1.8% Figure 2-Explanation of Other Tax Improvements The $7 or 0.5% increase on an average household will result in a 1.7% tax rate decrease as shown on Attachment I. This tax rate will provide a levy of$33.5 million or an increase of $3.9%. The difference between the levy increase percentage and the average household percentage is explained by assessment growth of 1.8% and tax class shifts as a result of the 2016 reassessment cycle of 1.6%. The 2018 property tax decisions from the province as shown in Attachment IX introduce optional sub-classes for qualifying value-added farm related activities. The local treasurer's will not be able to determine the impact of implementing the optional sub- classes until MPAC amends the assessment notices. The treasurers are therefore recommending that implementation of these sub-classes be considered for the 2019 taxation year; therefore, there will be no impact for this budget cycle. In the last number of years, affordable tax increases have been achieved, despite significant revenue losses of$6 million in OMPF and Ford property tax, through the use of reserves and measured tax increases over ten years. Council strategically planned a low to moderate use of reserves to allow a series of 4% increases on the average property continuing through 2020 to rebalance the budget. Through the ten-year plan, Council has been focused on ensuring the long-term financial stability of the County. 0 Actual/Forecast Municipal Position 0 Shortfall to Growth/Inflation ($millions) 300.0 250.0 A.200.0 150.0 t- _ — — 100.0 _ 50.0 — — — — — — — 0.0 - _—r_ ,,._7._ _7 `T _ _-9,, O m d' U) lD N c0 c1 O ,--I N M lD N c-1 c--i c-I N N N N N N N N 000000000000000000 N N N N N N N N N N N N N N N N N N Figure 3-Municipal Position The current ten-year plan sees the municipal position growing at a rate of 1.7% from $203 million in 2017 to $240 million in 2027 as shown in figure 3. Assuming a long-term population growth rate of 1%, this allows for 0.7% to be applied toward inflationary escalation. Although this is below the rate of inflation, staff is confident cost efficiencies, as well as Council's practice of using capital surpluses and grant revenue to enhance the capital plan in future years, should allow the County's assets to be maintained. Cost efficiencies result from modern technologies such as micro-surfacing. Grant revenue such as the Ontario Community Infrastructure Fund (OCIF), as well as capital surpluses, have been used in the past to supplement the capital plan. OCIF base funding has now been extended through 2020 and just over $1 million 2017 capital surplus will allow Council to further fund the upgrade to Wonderland Road to higher volume while continuing with key life-cycle capital maintenance action on the county's other infrastructure. If Council continues with this practice, allowing timely capital investments to infrastructure, life-cycle costs will be minimized. Although the use of reserves can allow for a short-term loss in municipal position (comparable to owner's equity at a personal level), an ongoing reduction in municipal position through insufficient taxation and neglected infrastructure will ultimately materialize as costly asset replacements and even higher tax increases. CONCLUSION: Council will be able to continue with its commitment of improving services to residents with 1.7% reduction in the tax rate resulting in a 0.5% or $7 on average household taxes while committing to a $35 million Terrace Lodge rebuild. RECOMMENDATIONS: THAT the 2018 proposed budget, which includes the operating budget, the capital budget and grants, be approved with 1.7% reduction in the tax rate resulting in a levy of$33.5 million; and, THAT the necessary by-law be prepared. All of which is Respectfully Submitted Approved for Submission Jim Bundschuh Julie Gonyou Director of Financial Services Chief Administrative Officer UOUNIYOFELGIN BY-LAW 18-06 "BEING A BY-LAW TO PROVIDE FOR THE ADOPTION OF THE 2018 BUDGET OF THE CORPORATION OF THE COUNTY OF ELGIN AND TO ESTABLISH THE 2018 TAX RATIOS,AND TO ESTABLISH THE 2018 TAX RATES FOR THE COUNTY CONSTITUENT MUNICIPALITIES" WHEREAS Section 289 of the Municipal Act,2001, S.O.2001, c.25, provides that the Council of each upper-tier municipality shall in each year prepare and adopt estimates of all sums required during the year for the purposes of the upper-tier municipality; and, WHEREAS Section 308(5) of the Municipal Act, 2001,S.O.2001, c.25, provides that the Council of an upper-tier municipality shall in each year establish the tax ratios for that year for the upper-tier municipality and its lower-tier municipalities; and, WHEREAS Section 308(7)of the Municipal Act, 2001,S.O.2001, c.25, provides that the Council of each upper-tier municipality establish for each property class, a single tax ratio for the upper-tier municipality and its lower-tier municipalities; and, WHEREAS Section 308(15-18) of the Municipal Act, 2001, S.O. 2001, c.25, provides that the Council of each upper-tier municipality may opt to have certain optional property classes apply within the County; and, WHEREAS the province, starting in 2017, is allowing greater flexibility in setting the vacancy/excess land reduction rate on commercial and industrial properties; and, WHEREAS the local municipally owned landfill sites in Dutton/Dunwich and West Elgin did not previously pay property tax to the County for these properties and the new landfill tax ratio would unfairly penalize the local municipalities; and, WHEREAS the Municipal Act,2001, S.O. 2001 c.25 s.107 provides that Council may make grants to any body Council deems in the interest of the municipality. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT the large industrial class be chosen as an optional property class. 2. THAT the tax ratio on vacant/excess land commercial and industrial properties be set to the same ratio as the occupied classes starting with the 2018 taxation year; and, 3. THAT the municipalities of Dutton Dunwich and West Elgin be granted relief on the full portion of the County property taxes on the landfills that these municipalities use for local resident waste. 4. THAT the 2018 tax ratios for the County of Elgin set out on Schedule"A", attached hereto and forming part of this by-law, be approved and adopted by Council. 5. THAT the 2018 budget of the County of Elgin set out on Schedule"B", attached hereto and forming part of this by-law,which incorporates estimates for revenue and for expenditures be approved and adopted by Council. 6. THAT the 2018 tax rates for the assessment in each property class set out in Schedule"C", attached hereto and forming part of this by-law, be approved and adopted by Council. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13TH DAY OF February 2018. rI litf.f 11 Julie onyou, David Marr, Chief Administrative Officer. Warden. I,JULIE GONYOU,CHIEF ADMINISTRATIVE OFFICER,OF THE CORPORATION OF THE COUNTY OF ELGIN,DO HEREBY CERTIFY THAT THE FOREGOING ISA TRUE COPY OF BY-LAW 18-06 PASSED BY THE COUNCIL OF THE SAID CORPORATION ON THE 13TH DAY OF FEBRUARY 2018. �( 1Cl(C hDriC 1 • Attachment I COUNTY OF ELGIN By-Law 18-06 • SCHEDULE A • Ratios PROPERTY CLASS 2018 2017 RESIDENTIAL/FARM 1.0000 1.0000 FARMLAND AWAITING DEVELOPMENT-RESIDENTIAL 0.5000 0.5000 NEW MULTI-RESIDENTIAL 1.0000 1.0000 MULTI-RESIDENTIAL 1.9999 1.9999 COMMERCIAL OCCUPIED 1.6376 1.6376 COMMERCIAL VACANT LAND 1.6376 1.1463 INDUSTRIAL OCCUPIED 2.2251 2.2251 INDUSTRIAL VACANT LAND . 2.2251 1.4463 LARGE INDUSTRIAL OCCUPIED 2.8318 2.8318 LARGE INDUSTRIAL VACANT 2.8318 1.8407 ' PIPELINES 1.1446 1.1446 FARM 0.2500 0.2500 MANAGED FORESTS 0.2500 0.2500 • LANDFILL 34.024061 * 34.024061 - * ratio to be calculated by the province to avoid tax changes resulting from assessment methodology change • • Attachment I Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Schedule B: • Current 2018 Operating Budget Operating • Prior Operating Current Operating Budget Budget By-Law 18-06 Revenue Expense Net Budget FORECAST/ Revenue Expense Net Budget (Over)/Under (Revenue)/Expense ACTUAL (Revenue)! Prior Year Expense CORPORATE ACTIVITIES 1)Taxes (32957,896) 523,348 (33,434,549) (32768273) 34,183,030 403,697 (33,779234) 344,785 2)Interest Charges&Income (463,562) 363,562 (100,000) (215,634) 200,000 (200,000) 100,000 3)Social Services-St.Thomas - 2441,629 2,441,629 2480,033 2,348,306 2,348,306 93,323 4)Health Unit (331,362) 1,224,826 893,464 826,755 892464 893,464 5)Grants - 322,528 322,528 319,921 - 372,513 372513 • 6)Rental Income (249,916) 137;899 (112017) (49,985)398655 (112,017) 254,527 138,525 (116,002) � 3, 7)Property Assessment (83,850) 831,635 747,785 747,784 767,262 767,262 (19,477) 8)Ontario Municipal Partnership Fund (38,870) (831,330) (870,200) . (870,200) 739,700 - (739,700) (130,600) 9)Project Costs - 892,000 892,000 624,599 714,000 714,000 178,000 10)Corporate (35,125,456) 6,429,444 (29,219,360) (29,967,032) 35,377,258 6,637,767 (29,739,491) 520,131 Departmental 11)Warden and Council , (3,036) 383,905 380,869 315,967 3,038 367,180 364,144 16,726 12)Administrative Services (133,737) 705,437 '571,700 557,063 257,015 785,514 528,499 43,201 13)Financial Services - 613,425 613,425 608,999 - 639,946 639,946 (26,521) 14)Human Resources (35,000) 560,660 519,612 32,500 602,391 569,891 (9,230) 15)Administrative Building (397,889) 930,175 532,286 501,447 415,827 989,456 573,628 (41,343) 16)Corporate Expenditures (10,000) 677,096 667,096 595,435 10,000 711,582 701,682 (34,486) 17)Eng'r&Land Div. (3,019,329) 13,005,992 9,986,663 9,793,702 3,133,470 13,160,859 10,027;389 (40,726) 18)Homes (18,269,366) 23,431,891 5,162,525 5,047,141 18,627,158 23,595,304 4,968,146 194,379 19)Museum&Archives (521,285) 452,157 (69,128) (67,118) 69,150 478,345 409,195 (478,323) 20)Library Services (219,914) 2,803,103 2583,190 2,650,623 172,985 2,875,386 2,702,401 (119,211) 21)Information Technology (42,670) 1,029,667 986,797 878,010 42,870 1,046,452 1,003,582 (16,786) 22)Provincial Offences (1,535,293) 1,455,264 (80,029) (72,312) 1,519,293 1,428,838 23)Collections (90,455) 10,426 (474,879) 457,611 (17,168) (15,662) 474,679 457,511 (17,158) 0 24)Ambul.&Emergency Meas. ' (7,095,523) 9,940,924 2,845,400 2,604,432 7,225,053 10,048,503 2,823,450 21,950 25)Econ.Dev'I,Tourism&Plan. (220,229) 1,320,075 1,099,646 1,108,239 184,357 1,392,707 1,208,350 (108,504) • 26)Departmental (31,978,150) 57,206,621 25,824,132 25,125,581 32,167,392 58,579,972 26,412,580 (688,448) •27)Elgin County (67,103,606), 63,636,065 (3,395,228) (4,841,452) 67,544,650 64,217,730 (3,326,911) (68,317) • Levy Increase 3.9% 1,258,575 (1,258,575) Net Income 68,803,225 64,217,739 (4,565,486) 1,190,259 Memo:Levy S 32,267,660 33,526,235 2/07/18 12:11 PM Attachment I COUNTY OF ELGIN • By-Law 18-06 SCHEDULE C • Prior Current PROPERTY CLASS 2017 2018 %Change TAX RATES TAX RATES TAX RATES RESIDENTIAL 0.61'1851% 0.601192% -1.74% FARMLAND AWAITING DEVELOPMENT-RESIDENTIAL 0.305926% 0.300596% -1.74% NEW MULTI-RESIDENTIAL 0.611851% 0.601192% -1.74% MULTI-RESIDENTIAL 1.223641% 1.202324% -1.74% COMMERCIAL OCCUPIED 1.001967% 0.984512% -1.74% COMMERCIAL VACANT LAND 0.701365% 0.984512% 40.37% INDUSTRIAL OCCUPIED 1.361430% 1.337712% -1.74% INDUSTRIAL VACANT LAND 0.884920% 1.337712% 51.17% LARGE INDUSTRIAL OCCUPIED • 1.732640% 1.702456% -1.74% LARGE INDUSTRIAL VACANT 1.126234% 1.702456% 51.16% LANDFILL 19.824255% 19.824255%* 0.00% PIPELINES 0.700325% 0.688124% -1.74% FARM 0.152963% 0.150298% -1.74% MANAGED FORESTS 0.152963% 0.150298% -1.74% Definition:"Tax rate"means the tax rate to be levied against property expressed as a percentage,to six decimal places,of the assessment of the property. *Landfill under levy restriction(rate is less than residential rate x ratio),pending provincial calculation INXICH.44,1 f41114= 1 .041;- "k* REPORT cao Ppul'tunity IS���► TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: March 15, 2018 REPORT: CAO-23/18 SUBJECT: RFQ 18-03 SUPPLY & INSTALL GUTTER CLEAN BY ALU REX BACKGROUND: The 2015-2016 Municipal Building Facility Audits recommended instituting a permanent repair to clogged and damaged eavestrough systems before permanent facility structural damage occurs. The Municipal Engineer specified the Gutter Clean by Au Rex System to prevent eavestrough blockages and ancillary consequences. The scope of work contained within RFQ 18-03 is as follows: 1. Remove leaves and debris from entire gutter system including clearing downspouts. 2. Flush out all gutters. 3. Inspect gutter system for breaks, cracks or defects that require the Municipality to repair or replace the gutter system. Validate the sturdiness, slope and sag of the rain gutters as well as the state of the fascia boards to ensure the rain gutters are in good working condition. a) Where gutter system or fascia requires repair or replacement in the opinion of the contractor, provide a costing to the Municipality to replace prior to installing gutter clean. Decision to replace existing gutter system is at the sole discretion of the Municipality. Municipal approval of quotes provided will be in writing, if any. 4. Supply and install "Gutter Clean" by "Alu Rex", product sized 5" or 6" governed by site conditions and existing gutter size, in strict accordance with "Alu Rex" installation instructions. (M5100 or M6100 Aluminum and where required inner and outer corners (OC/IC5200/6200) 5. All works must be completed in full by May 30, 2018. DISCUSSION The Municipality has eavestrough at the following locations: a) Straffordville Community Centre, 56169 Heritage Line, Straffordville, ON b) Marine Museum, 20 Pitt St., Port Burwell, ON c) Vienna Memorial Park, 6226 Plank Rd., Vienna, ON d) East Beach Washroom, 1 Robinson St., Port Burwell, ON e) Wastewater Treatment Plant, 1 Chatham St., Port Burwell, ON f) Port Burwell Library, 21 Pitt St., Port Burwell, ON g) Straffordville Library, 9366 Plank Rd, Straffordville, ON h) Vienna Community Centre, 26 Fulton St., Vienna, ON i) Straffordville Firehall, 55764 Third Street, Straffordville, ON j) Port Burwell Firehall, 55451 Nova Scotia Line, Port Burwell, ON k) Public Works Yard, 8354 Plank Rd, Bayham, ON I) Pump Station 1, 11403 Plank Rd., Eden, ON m) Pump Station 2, 9350 Plank Rd., Straffordville, ON n) Pump Station 5, 8971 Plank Rd., Straffordville, ON o) Pump Station 6, 54 Front St., Vienna, ON p) Richmond Pump House, 9190 Richmond Rd., Richmond, ON RFQ 18-03 was posted on January 25, 2018 and closed on February 28, 2018. The results of RFQ 18-03 are as follows: Bidder Bid Price/Metre - M-5100 (5") B-d Price/Metre - M-6100 Gutters—Adjustable for (4") (6") Gutters Gutters W.J. Roofing Ltd. $18.11 $21.39 Aylmer Glass & Mirror $34.00 $38.00 Franklin Construction $13.61 $18.61 The total costs of works by Franklin Construction is $12,398.20+HST and will be carried within the respective building maintenance accounts of the 2018 Operating Budget. RECOMMENDATION 1. THAT Report CAO-23/18 re RFQ 18-03 Supply & Install Gutter Clean by Alu Rex be received for information; 2. AND THAT Council direct staff to bring forward a by-law to enter into an agreement with Franklin Construction for the supply and installation of Gutter Clean by Alu Rex for Council consideration. Respectfully Submitted by: Paul Shipway CAOICIerk INXICH.44,1 f ► 4; -maw% REPORT o icy CAO �pul'tunity IS���► TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: March 15, 2018 REPORT: CAO-24/18 SUBJECT: 2018 AUTOFORM SIDEWALK WORKS BACKGROUND: On September 17, 2015 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2015-101, being a by-law to authorize the execution of Agreement No. 0559 with Autoform Contracting Ltd., for the provision of sidewalk works from 2015-2018. On May 18, 2017 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2017-049, being a by-law to authorize the extension of Agreement No. 0559 with Autoform Contracting Ltd., for the provision of sidewalk works from 2018-2021. On November 6, 2017 the Frank Cowan Company Home Town Program presented the Municipality of Bayham with $5,000 towards the Port Burwell Municipal East Beach Accessible Viewing Platform. On February 1, 2018 the Council of the Corporation of the Municipality of Bayham passed By- law No. 2018-020, being a by-law to authorize the execution of an agreement with the Enabling Accessibility Fund - Community Accessibility Stream in the amount of $41,000. The 2018 Capital Budget includes the following: • Capital Item PW-8 Sidewalks - $65,000 • Capital Item PR-3 Accessible Viewing Platform - $65,000 DISCUSSION Capital Item PW-8 Sidewalks is proposed to include the following sidewalk works in 2018: • Main Street from Plank Road to East Street • Garnham Street from Main Street to Heritage Line • West Street from Main Street to Heritage Line Spriet Associates was retained to develop engineered drawings for the Port Burwell Municipal East Beach Accessible Viewing Platform. A copy of the Port Burwell Municipal East Beach Accessible Viewing Platform specifications, is attached hereto as Appendix 'A'. In advance of the project Autoform provided costing in the amount of $46,031.69. In addition to the Autoform costing the Municipality will supply aggregate for the sidewalks and west parking lot. Further the Municipality will pave accessible parking spots in the west parking lot and provide a concrete area for motorcycle parking. Lastly, Autoform will conduct single panel repairs and replacements at the following locations: • Robinson Street Turnaround • Robinson Street • Port Burwell Cenotaph RECOMMENDATION 1. THAT Report CAO-24/18 re Autoform Sidewalk Works be received for information. Respectfully Submitted by: Paul Shipway CAOICIerk „,x ;0,„ x -,x .,a „� ".rx 4,9 as”""1 „„,1„..„ IT «.1,csz x1a5 �b� /�\\ §4 n'o �'M.t. ▪4 FwCE RAIL, *14 .as. x,OET .ae. Y..eo:RYA ,/ -4311 „ ��x �� s ❑ ❑ ❑ dalb.a9 ❑ I. Ex 5°Ewdix ° &' Sa.,.s ❑ o I. , s._ % T. Rf,M MH 7E esomn Ie az9.n65 ,sA v x,� jos Iz 3. �� �+ z l'-';m' ® �' !ill �.x>5,o x,51 �. 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'HT �® �\Pa SIDEWALK ® xnsa, xzse 0,e� 9 -. .7-2'..',"&,,,';:-- ° y°} �- /''x 'y ▪ a/s °E AEA G E N E R A L NOTES �xe WWFFTE BE COVERT.TOIRET BY DINGING LOCATHION ANDS FLAN IN METRES ARO CAN msec asee x-/59 TSz / \ � � e 'D., w ® x,a.5or _ creE E rvnc,E c zl CONTRTO ANY CONNECTION,ACTOR MEEMr PASTING L cpwEa ov0*o ae ERN ury a L¢ou�TIES A^ee wWYH REa q a AUi i ERATICP .,sa xa5 an '' R 6_ '1 \ ,pow 7Hel E ITsx-/ Too rcE w.En ®+•NOG,.PROPOS. 9H TIo9 ELL'R'I7rg _ I� / (. ,,, as za Ex EDGE s[ Erni o 9a A¢Ea9p9TUoBEO BY cCNETaK. 9TORFn is ORIGINAL ,666 x,>A6E CONDITION NB,„ .,,.Ea xa k x1a<sry T �.eE,�.�n ,°, �{ --,om ssm�„6wTrvrv�H n a, �+cwrenuToaos�uao HI r ,o75 a> NI,EE massasv AND ourTEr PIPE x�.sw THICKENED E d G E nm morEE Hear TAT ULeRmeAx�Es s�z°. x1> _ SECTION anzsb, a wac90 xncp, 9/ ALL GRAOEeiw.H WORKS CONSTRICTED IN2on ARE ABU.TO EIS TRE, xns.w YY-as .1T°s, $GALE, N.T.8. x71,8, x1 R„HE .17590 ./avc T.A� x1/aez msc, r„ ,,,,‘,4. 1. m x1.. n-/see pip SIDEWALK asSF n x150, 80 SLOPE �E x7.„6 x1,.9 .,as� 596ROOFLED wA 11*JrNSTBSASSIMDS,SMWE `1 's"I 41.36 IIIT / Aar„171 90 x.zu9r 5 �° SRD E W A L K SECTION° / /j�U� .r..m s >.96 SCALE: N.T.9. Tsmm Try cK / / ,135. S2 Mil �• LU rvreETE .a.sz e ° '. Taao • x,zaes o a 1aaET .� ” s 9 may xT.sz t 1 �1 ® 5.151 SS / ' „n „„ .1,. x,*S. .,,.as ,NN� �L° .,gym 1 5-\..__9__,..s APPROVED ON SITE MATER AL GMWEAR .79 51 x.s x1,s.zv ,,.Ts .,a.es x,>°.® ' *US' R A M P S E C T I O N ID E TA I L ''A ..._ / x1'°u NIHE n / SCALES N.T.B. SCALE I 129 As O.E,a""ED"°,Es couPsEnoN No NEvlsoNs RUE°`°""flIER '"a'"By °°WSPRIET ASSOCIATES Ervss=ETaMo °"� o e i 1 T Y Hoo,.�° PORT BURWELL 216117 LONDON LIMITED I 0 '} d_ BEACH FRONT SIDEWALKS I.M.C,SVRIT DATE.Ee.oom I CONSULTING ENGINEERS p1en F1e Ne of aT cs,aT 519_.,00-xsW zSa o,�s ® d 7 Pa d �+ PLAN "Ars of as° INXICH.44,1 f4111= 1 CAO REPORT Ppul'tunity Is11.0 TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: March 15, 2018 REPORT: CAO-25/18 SUBJECT: ONTARIO REGULATION 493/17 — FOOD PREMISES REGULATION BACKGROUND: On December 15, 2017 Ontario Regulation 493/17 — Food Premises Regulation was filed. Ontario Regulation 493/17 comes into force and effect on July 1, 2018. Section 32 of Ontario Regulation 493/17 is as follows: Every operator of a food service premise shall ensure that there is at least one food handler or supervisor on the premise who has completed food handler training during every hour in which the premise is operating. Relevant definitions are as follows: Food Handler Training means food safety training provided by a local board of health, agency of a board of health or through a program that the Ministry has recognized as being equivalent to the food safety training standards established by the Ministry. Food Service Premise means any food premise where meals or meal portions are prepared for immediate consumption or sold or served in a form that will permit immediate consumption on the premises or elsewhere. DISCUSSION Elgin-St. Thomas Public Health advised of the requirements for `food handler' certification for the Municipality and/or its renters at its facilities. To ensure compliance staff propose to amend the Community Centre Rental Agreement to read as follows: • All food service events shall have one (1) certified food handler onsite. To provide an opportunity for persons to be trained the Elgin-St. Thomas Public Health will be holding a Food Handler Certification Course at the Straffordville Community Centre. RECOMMENDATION 1. THAT Report CAO-25/18 re Ontario Regulation 493/17 — Food Premises Regulation be received for information; 2. AND THAT staff be directed to amend the Community Centre Rental Agreement to incorporate the requirements of Ontario Regulation 493/17. Respectfully Submitted by: Paul Shipway CAOICIerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z673-2018 REDDEKOPP AND HEIDE BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "F" Straffordville, by deleting from the Village Residential — holding (R1(h2)) Zone and adding to the Village Residential (R1) Zone those lands outlined in heavy solid lines and marked R1 on Schedule "F" Straffordville to this By-law, which is attached to and forms part of this By-law. 2) THIS By-law shall come into force on the date of passing. READ A FIRST AND SECOND TIME THIS 15th MARCH 2018. READ A THIRD TIME AND FINALLY PASSED THIS 15th MARCH 2018. MAYOR CLERK SEE SCHEDULE A-MAP No.5 SEE SCHEDULE A-MAP No.6 ►r I// \ ,i / 1 \`. \ S a 1 1 .a I �y. A 12 fS71PA,ET ✓7 r / /STREET--- ++ jsrs,, T -- II HE -.yam 94V T RITgGt L sT SFT, ' i i _ — - This is Schedule "F"to By-law — — — — No.Z673-2018, passed the _ i day of ,2018 -'I — SEE SCHEDULE A-MAP No.6 Mayor Clerk MUNICIPALITY OF BAYHAM Legend - SCHEDULE F O ZOLA STRAFFORDVILLE (- LPRCA Regulation Limit NORTH o too 200 400 Metre' ZONING BY-LAW Z456-2003 CONSOLIDATED MARCH 17,2017 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-034 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SUBDIVISION AGREEMENT BETWEEN GERHARD HEIDE AND BERNHARD REDDEKOPP AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, TO PROVIDE FOR THE DEVELOPMENT OF A SUBDIVISION PLAN, KNOWN AS THE ALWARD ST SUBDIVISION, VILLAGE OF STRAFFORDVILLE, MUNICIPALITY OF BAYHAM THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the agreement affixed hereto as Schedule "A", being a subdivision agreement with Gerhard Heide and Bernhard Reddekopp (Owners), is hereby approved and the Mayor and Clerk are hereby authorized and directed to execute the same. 2. THAT the Subdivision Agreement be registered upon the title to all five (5) lots subject to County of Elgin Consent Applications E13/17 and E14/17 described as being Concession 6 STR Part Lots 125 & 126 being Parts 1, 2, 5, 6 & 7 on Registered Plan 11 R-9370. READ A FIRST and SECOND time this 15th day of March 2018. READ A THIRD time and finally passed this 15th day of March 2018. MAYOR CLERK 1 Schedule "A" to By-law No. 2018-034 THIS SUBDIVISION AGREEMENT made in duplicate this 15th day of March 2018. BETWEEN: BERNHARD REDDEKOPP and GERHARD HEIDE Hereinafter called the "OWNER OR SUBDIVIDER" OF THE FIRST PART AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "CORPORATION" OF THE SECOND PART WHEREAS, the Owner or Subdivider proposes to subdivide and register severed lots on property described as Part Lots 125 & 126 Concession South Talbot Road, being PARTS 1, 2, 5, 6 & 7 on Registered Plan 11R-9370, Municipality of Bayham, County of Elgin; the said proposed Registered Plan, being appended as Attachment "A" to this Agreement; AND WHEREAS, this Agreement has been made as a condition of consent approval by the County of Elgin Decision dated March 29, 2017 of the Owner's or Subdivider's proposed Consent Applications, County File E13/17 and E14/17, and shall be named the Alward Street Subdivision; AND WHEREAS, the Owner or Subdivider, has agreed with the Corporation to comply with their requirements with respect to the providing of services for the lands proposed to be subdivided and other matters hereinafter set forth; NOW THEREFORE, The Parties herein, in consideration of other good and valuable consideration and the sum of Two ($2.00) Dollars, of lawful money of Canada, by each to the other paid (the receipt whereof is hereby by each acknowledged), covenant and agree with the other as follows: 1. DEFINITIONS: (a) "Owner or Subdivider" shall include the applicant for the approval of a Subdivision Agreement, and the registered owner or owners in fee simple of the land for which the subdivision is proposed and/or their respective heirs, executors, administrators and assigns, and in addition to its accepted meaning, shall mean and include an individual, an association, 2 a partnership, or an incorporated company, and wherever the singular is used herein, it shall be construed as including the plural. (b) "Council" shall mean the Municipal Council of the Corporation of the Municipality of Bayham. (c) "Engineer" shall mean the Engineer of the Corporation and/or any such Engineer(s) as may be duly authorized and appointed by the Corporation. 2. SCOPE OF AGREEMENT The Owner or Subdivider agrees to complete at his own expense and in a good and workmanlike manner, for the Corporation, all the municipal services as hereinafter set forth to the satisfaction of the Corporation and to complete, perform, or make payment for such other matter as may be provided for herein. 3. CONSULTING ENGINEERS (a) The Owner or Subdivider agrees to retain a Professional Engineer as the Consulting Engineer of the Owner or Subdivider, to carry out all the necessary engineering and supervise the work required to be done for the development of the subdivision. Such Consulting Engineer or a successor thereto, shall continue to be retained until the work provided for in this agreement is completed and formally accepted by the Corporation. (b) The Owner or Subdivider agrees that in the preparation of contract plans and specifications, the following procedure will be followed by the Consulting Engineer: (i) Design all the works covered by this Agreement. (ii) Prepare plans, profiles and specifications for the said works and to submit detailed plans, profiles and specifications to the Corporation for approval prior to the installation of such works. (iii) Obtain, in conjunction with the Corporation, all the necessary approvals required prior to the construction of such works. (iv) Obtain the approval of the Corporation, for the Contractor(s) for the said works. (v) Provide full time inspections during the construction of underground services and part time inspections as necessary for the surface work. (vi) Maintain all records of construction of the said works. (vii) Supply to the Corporation digital and paper reproductions of all the works as constructed by the Contractor. The drawings shall be to the scale or scales established by the Corporation's Engineer. 3 (viii) On completion of construction of the said works, to supply the Corporation with a certificate that the execution of the said works was in accordance with the approved plans and specifications. This certificate will not be valid until signed by the Corporation, and the Corporation's Engineer. (ix) Supervise the construction of any remedial work required by the Corporation. (c) The Owner or Subdivider agrees with the Corporation that no public services will be installed prior to receiving, in writing, approval of the detailed plans and specifications by the Corporation. 4. LIENS The Owner or Subdivider shall cause to be discharged any lien registered and/or filed with the Corporation, pursuant to the Construction Lien Act, R.S.O. 1990, (Ontario) as amended, in respect to any of the works undertaken by the Owner or Subdivider. The Owner or Subdivider shall pay any legal costs, fees and disbursements howsoever incurred by the Corporation, in connection with any such lien, whether or not there are reasonable grounds for registration of the lien by the lien claimant. In the event the Owner or Subdivider fails to discharge any such lien or fails to pay any such cost, fees and disbursements, incurred by the Corporation in connection with such lien, the Corporation may make arrangements to discharge the lien by taking such actions as it see fits, acting in its sole discretion. If the Owner or Subdivider fails to reimburse the Corporation in connection with any costs incurred, pursuant to this paragraph, the Corporation shall have the right to realize on the Performance Guarantee provided by the Owner or Subdivider under paragraph 17 of this Agreement. 5. EASEMENTS Upon completion and acceptance of the Subdivision Plan, the Owner or Subdivider shall: (i) dedicate all road allowances shown on the Plan, as Public Highways; (ii) provide the Corporation with such rights and easements as it may require for sanitary sewers, storm sewers, storm drainage, water mains and other utility purposes; (iii) provide Hydro One, EastLink Inc. and Epcor Ltd./Union Gas with such easements as each of them may require for hydro, telephone, and television cable and natural gas utility purposes. Any such transfer, pursuant to (i) above, shall be in fee simple and for nominal consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Corporation's Solicitor, and title to such lands shall be good and free from all liens and encumbrances. 4 The rights and easements granted pursuant to (ii) and (iii) above, shall be for nominal consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Grantee's Solicitor, and the title to lands over which the rights and easements are granted, shall be good and free from liens and encumbrances and if required by the Grantee's Solicitor, the consent of the Committee of Adjustment, to such rights and easements shall be obtained by the Owner or Subdivider. The Owner or Subdivider, agrees that forthwith, after registration of any transfers of title, pursuant to (i) above, and any grant of rights and easements, pursuant to (ii) and (iii) above, it shall provide to the Transferee's Solicitor or Grantee's Solicitor, a Certificate of Opinion of Title of the lands in respect of which such transfer and rights and easements are granted, in a form satisfactory to the Transferee's or Grantee's Solicitor, such Certificate or Opinion to be given by a Solicitor authorized to practice Law in the Province of Ontario. The Owner or Subdivider agrees to provide the Corporation with a digital and paper copy of the reference or survey plan designating the lands in respect of which such transfers of title and grants or rights and easements are given. The lands to be transferred and the lands over which rights and easements are to be given, pursuant to Section 5 and (i) (ii) and iii) above, shall, on the registration of the Plan, be in a clean and tidy condition, graded as required, and if necessary, stabilized against erosion. After such lands or such rights and easements are so transferred, the Owner or Subdivider shall not use or permit the use of such lands for the storing of topsoil or any excavated material or equipment except with the written consent of the Corporation, and in the event of default, the Corporation, after giving the Owner or Subdivider such notice as it considers reasonable, may remove such soil, material or equipment and the cost thereof shall be paid by the Owner or Subdivider to the Corporation. 6. SANITARY SEWERS The Owner or Subdivider agrees to construct a complete sanitary sewer system, including manholes. This system shall service all the lands on the said Subdivision Plan, according to designs approved by the Corporation, and according to the specifications of the Corporation's Engineer and the Ministry of Environment & Climate Change (MOECC) in effect at the date of construction thereof, and the Owner or Subdivider shall maintain them including clearing any blockage until they are formally accepted by the Corporation. Such sewer system shall be constructed to an outlet or outlets according to designs approved by the Corporation and shall be of sufficient size, depth and at locations within the limits of the subdivision, or an adjacent road allowance, to service the subdivision and lands outside the subdivision, which, in the opinion of the Corporation, will require their use as trunk outlets. The Corporation may consent to or authorize connection into the sanitary sewer system but such connection shall not constitute acceptance of the sewer system by the Corporation. 5 7. STORM SEWERS (MUNICIPAL DRAIN) (a) The Owner or Subdivider agrees to construct a complete storm sewer system or systems, including storm connections to the street line where required, in the opinion of the Corporation, and catchbasins and leads to service all the lands in the said Subdivision Plan, and adjacent road allowances, according to designs approved by the Corporation and the Ministry of Environment & Climate Change (MOECC), and according to the specifications of the Corporation, in effect at the date hereof, and the Owner or Subdivider shall maintain them, including clearing any blockages until they are formally accepted by the Corporation. Such sewers shall be constructed to an outlet or outlets according to designs approved by the Corporation and shall be of sufficient size, depth and at locations within the limits of the subdivision or on adjacent road allowances, to service the subdivision, and any lands adjacent to the subdivision, which, in the opinion of the Corporation will require their use as trunk outlets. The Corporation may connect or authorize connection into them but such connection shall not constitute acceptance of the sewer system or systems by the Corporation. (b) The Owner or Subdivider agrees, at its expense, to construct and the Corporation to maintain a stormwater management system which is approved by all regulating agencies and which provides an adequate stormwater management system for all lands within the Plan. (c) As determined by the Corporation, a storm water retention pond shall be fenced and accessible for maintenance. The fence for storm water retention ponds shall be a minimum height of 1.5 metre (5 feet) to prohibit the general public access. (d) The Owner or Subdivider agrees that the storm system outlet shall be installed and functional prior to the issuance of any building permits. 8. ROADS — PAVED The Owner or Subdivider agrees to construct all the roads as shown, on the said Subdivision Plan, according to the specifications for paved roads of the Corporation in effect at the date hereof and to maintain them until they are formally accepted by the Corporation. The specifications for boulevard grading shall apply to existing streets adjacent to the said Subdivision Plan. 9. ROAD GRADES, ETC. (a) Before actual construction begins proof must be furnished by the Owner or Subdivider or his/her agents that the road grades have been approved by the Engineer in order that the water mains, sanitary mains and appurtenances will be laid to the proper grade. (b) When, in the written opinion of the Corporation, it is necessary to change the said road grades the Owner or Subdivider agrees to grade the road to sub-grade in the manner and at the time stipulated by the Corporation in 6 accordance with the specifications of the Corporation, and to restore the streets to their original condition prior to the change in the grade. (c) GRADE The Owner or Subdivider agrees to grade, to the Corporation's specifications, to the full width, all road allowances as shown on the said Subdivision Plan, prior to the installation or construction of the relevant municipal services provided for herein. The Owner or Subdivider further agrees to keep the boulevards clear and free of all materials and obstructions, which might interfere with the installation of electric, telephone, gas or other utilities. The Owner or Subdivider will be responsible for any change in grade of any street up to 150 feet from the proposed Subdivision Plan where the change is reasonably necessary to service a street within the subdivision. 10. CURBS AND GUTTERS As determined by the Corporation, the Owner or Subdivider agrees to construct curbs and gutters on all the streets as shown on the said Subdivision Plan and on all existing streets adjacent to the said Subdivision Plan, subject to Section 9 (a) of this agreement, according to the specifications of the Corporation in effect at the date hereof, and to maintain them until they are formally accepted by the Corporation. If any curb depressions are not located correctly with respect to a driveway, the Owner or Subdivider shall construct a curb depression in the correct location and replace the original according to the said specifications. Pursuant to the above section, the Owner or Subdivider is not required to install curbs and gutters on Alward Street. 11. SIDEWALKS The Owner or Subdivider is not required as part of this Agreement to construct sidewalks on Alward Street. 12. PRIVATE WATER SOURCE The Owner or Subdivider agrees to install a private well for each of the five (5) lots in the Alward Street subdivision. As a matter of public health and safety, the Owner or Subdivider agrees to provide, for each well, water quality testing reports for nitrates and bacteria content and water quantity testing reports, all meeting the Provincial standards for residential use, prior to the issuance of any building permit. 13. LOT GRADING, SODDING, LANDSCAPING (a) The Owner or Subdivider agrees to grade, provide top soil and sod the portion of the street allowances lying between the front property line of 7 lots and the curb save and except any portion of the street allowance within the driveway. The Owner or Subdivider shall sod all front yards of each of the lots except for paved or planted areas, upon the completion of the construction of dwelling thereon. The Manager of Public Works must approve any exception to this requirement in writing. Said sodding must be in conformity with the grading control plan as set out on Attachment 'D2' attached hereto. (b) Upon the elevations and grades being established in accordance with this Agreement, the Owner or Subdivider, shall thereafter, maintain the same for so long as the Owner or Subdivider is the registered owner of the lot. The Parties agree that the Lot Grading Plan, attached hereto, and marked as Attachment "D2" is a photographically reduced and un-initialled copy of the Lot Grading Plan, initialled by the parties on the execution of this Agreement and that such initialled Plan forms part of this Agreement. The Parties further agree that in the event that any part or parts of Attachment "D", are illegible or conflict with the initialled Plan from which it was made, the initialled Plan shall prevail. (c) If, in the opinion of the Corporation, the Owner or Subdivider has at any time during which the Owner or Subdivider is the registered owner of any lot within the Subdivision Plan failed to establish or maintain any such grade or elevation as required by Paragraph 13 (c), the Corporation, may, after giving such notice to the Owner or Subdivider, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill, and do such works and remove anything from the lot as in the Corporation's opinion, may be necessary to remedy such default, and the costs thereof, shall be paid by the Owner or Subdivider, to the Corporation. (d) Where the Owner or Subdivider has sold a lot within the Subdivision Plan, and in the opinion of the Corporation, the Owner or Subdivider, or the subsequent owner has, at any time, failed to establish or maintain any grade or elevation required to be established or maintained by paragraph 13 (c), the Corporation may, after giving such notice to the subsequent Owner or Subdivider, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill and do such works and remove anything from the lot as in the Corporation's opinion may be necessary to remedy such default and the costs thereof, shall be paid by the subsequent Owner or Subdivider, to the Corporation, and if no lots are sold, it shall constitute a lien on the lot and interest shall be payable on the amount thereof at the rate of Fifteen percent (15%) per annum, commencing Fifteen (15) days after the mailing of the statement to the subsequent Owner or Subdivider, at his/her last known address. 14. STORM WATER MANAGEMENT 8 As determined by the Corporation, a final Stormwater Management report is to be submitted to the Corporation and affected lands deeded to the Corporation for future maintenance. 15. ADMINISTRATION AND INSPECTION COSTS (a) The Owner or Subdivider agrees to pay to the Corporation all administrative costs incurred in connection with this Agreement, including legal and engineering costs. (b) All of the underground works installed shall be constructed and installed under the supervision of inspectors approved by the Corporation. The Owner or Subdivider hereby agrees to pay all accounts of the Corporation in connection with the services of the said Inspectors. No work specified in the Agreement or in the specifications shall be carried out unless there is an inspector to ensure that all work is being completed in accordance with specifications approved by the Corporation. 16. FINANCIAL PAYMENTS —CAPITAL CHARGES Except as expressly provided in this Agreement, the charges payable pursuant to this Paragraph 16 shall be payable by the Owner or Subdivider as specified. (a) PARKLAND DEDICATION FEE The Owner or Subdivider shall provide parkland dedication in the form of cash-in-lieu $500.00 per created lot. This value is to be $1500.00 and shall be collected as a condition of consent applications E13/17 and E14/17. (b) STREET LIGHTING The Owner or Subdivider shall be responsible for any costs associated with street light installation. The Corporation shall determine the type, number and location of the said streetlights and be provided with a streetlight layout plan. All streetlighting shall be activated prior to the issuance of the first occupancy permit. (c) ELECTRICAL DISTRIBUTION SYSTEM The Owner or Subdivider hereby agrees to construct a complete electrical system at his/her expense including all switches, junction boxes, transformers, wire, hydro service connections, and appurtenances, to the street line to service all lands in the said Subdivision Plan, according to designs approved by Hydro One and according to its specifications which are in effect at the time of the installation of the system and not necessarily those in effect at the time of this Agreement, and to maintain them until they are formally accepted by Hydro One. Hydro One reserves the right to do the work and the Owner or Subdivider shall pay the total cost. The electrical system within the subdivision, shall be of sufficient size, depth and at a location to adequately service, in the opinion of Hydro 9 One, the subdivision of any lands serviced through it and where it is necessary to extend the system within the subdivision, to the existing system, outside the subdivision, and any adjacent subdivisions, the size, depth and location of the extension must be acceptable to Hydro One. Hydro One may connect or authorize the connection of the electrical system but the connection shall not constitute acceptance of the electrical system by Hydro One. All plans relating to the installation of the electrical system, appurtenances and services must be submitted to Hydro One for approval along with evidence that any variances from their standards are acceptable by the Municipal Electric Association. Confirmation of the activation of hydro services must be provided to the Corporation prior to the issuance of the first occupancy permit. (d) LOT FRONTAGE AND CONNECTION CHARGES (i) The Owner or Subdivider acknowledges and will be responsible for the payment of the Corporation's Lot Frontage and Connection Charges as established by the Corporation and CPI adjusted annually. Such payment shall be made at the time of the issuance of a building permit. 17. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner or Subdivider, shall supply the Corporation with a Liability Insurance Policy in the amount of Five Million ($5,000,000) Dollars, and in a form satisfactory to the Corporation, indemnifying the Corporation, and their agents from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner or Subdivider. In the event any renewal premium is not paid, the Corporation, in order to prevent the lapse of such liability insurance policy, may pay the renewal premium or premiums and the Owner or Subdivider, agrees to pay the cost of such renewal or renewals within Fourteen (14) days of the account therefore being rendered by the Corporation. The Owner or Subdivider shall provide written notice to the Corporation of the cancellation of the liability insurance policy, Twenty-One (21) days before the cancellation is to come into effect. 18. PERFORMANCE GUARANTEE (a) As security for the construction and installation of services required by this Agreement, the Owner or Subdivider, shall supply the Corporation with security for performance and completion of all works required by this Agreement, in an amount which is Seventy-Five per cent (75%) of the estimated cost of the works, as set out in Attachment "C" and one- hundred per cent (100%) of the estimated cost of the drainage works, as set out in Attachment "E", in the form of an Irrevocable Letter of Credit, from a chartered bank or other financial institution, satisfactory to the 10 Corporation, expressed to be pursuant to this Agreement, and payable to the Corporation at any time or in part, from time to time, upon written notice from the Corporation, that the Owner or Subdivider, is in default under this Agreement. The said security shall be for the period of time set forth in Attachment "B" for the completion of the works. (b) The Owner or Subdivider agrees with the Corporation that after Fifty percent (50%) of the said works are completed, to the satisfaction of the Corporation, the amount of the security will be progressively reduced to the amount equal to the estimated cost of the uncompleted work, plus Twenty per cent (20%) as determined by the Corporation's Engineer. The reduction will be made after the receipt of the progress certificate from the Consulting Engineer, proof that the contractor has been paid, and approval by the Corporation. However, the said security will not be allowed to be reduced below Twenty-Five per cent (25%) of the estimated cost of all works until all of the work has been completed to the satisfaction of the Corporation's Engineer and the Corporation and the Owner or Subdivider, has provided a Letter of Credit for the Maintenance Guarantee. If staging is approved by Council, the above shall be applicable per stage. 19. MAINTENANCE GUARANTEE The Owner or Subdivider agrees with the Corporation that, upon completion of the various parts of the works and prior to acceptance by the Corporation, the Owner or Subdivider, will provide at his/her own expense, a Letter of Credit for the sum of Twenty-Five per cent (25%) of the actual cost of all the works still subject to the guarantee, to guarantee the workmanship and materials for a period of Two (2) years from the date of satisfactory completion of the work. 20. OCCUPANCY OF BUILDING The Owner or Subdivider agrees that no building shall be occupied or used for any purpose in the subdivision until sewer, water wells and electricity are in operation, and in the opinion of the Corporation, capable of providing adequate service. The Owner or Subdivider further agrees that no building shall be occupied or used for any purpose in the subdivision until a base coat of asphalt has been installed, and approved by the Manager of Public Works or designate, on the road immediately in front of the building and extending to an existing municipal road, and to maintain vehicular access to the said building until the roads are formally accepted by the Corporation. 21. TIME LIMIT FOR WORK AND GUARANTEE FOR WORKMANSHIP AND MATERIAL Save as herein otherwise provided the Owner or Subdivider agrees to complete the work required under this Agreement within the Time Limits specified in the Attachment attached hereto as Attachment "B", and to guarantee the workmanship and materials for a period of Two (2) years from the date that the 11 said works are approved, in writing, by the Corporation. Any work other than that specifically provided for in Attachment "B" shall be completed within the time limit provided for herein. The Owner or Subdivider shall, in the period prior to final acceptance of the services or utilities to be constructed under this Agreement as soon as it is practicable after receiving written notice from the Corporation repair any damage caused to existing services or utilities by the implementation or performance of this Agreement or caused during the construction of dwelling units or other buildings on any part of the development. Should the Owner or Subdivider fail or neglect to carry out repairs or any other work required of this Agreement the Corporation may, in addition to any other rights or remedies it may have at law or in equity, assert and exercise the rights provided for in Clause 22. 22. UNCOMPLETED OR FAULTY WORK If in the opinion of the Corporation the Owner or Subdivider is not completing or causing to be completed the work required in connection with this Agreement, within the specified time, or is improperly performing the work, or shall the Owner or Subdivider neglect or abandon it before the completion or unreasonably delay the same so that the conditions of this Agreement are being violated, or carelessly executed, or in bad faith, or shall the Owner or Subdivider neglect or refuse to renew or again perform such work as may be rejected by the Corporation, as defective or unsuitable, or shall the Owner or Subdivider, in any other default in performance of the terms of this Agreement, then, in any such case, the said Corporation shall promptly notify the Owner or Subdivider and his/her surety in writing of such default or neglect and if such notification be without effect within Seven (7) clear days, after such notice, then in that case, the Corporation shall have full authority and power to immediately purchase such materials, tools and machinery and to employ such workmen as in their opinion, shall be required for the proper completion of the said work, at the cost and expense of the Owner or Subdivider, or his/her surety or both. In cases of emergency, in the opinion of the Corporation, such work may be done without prior notice but the Owner or Subdivider shall forthwith be notified. The cost of such work shall be calculated by the Corporation whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of Twenty per cent (20%) of all labour, material and machine time charges incurred to complete the work and further, a fee of thirty per cent (30%) of the charges incurred for the dislocation and inconvenience caused to the Corporation as a result of such default on the part of the Owner or Subdivider, it being hereby declared and agreed that the assuming by the Owner or Subdivider of the obligations imposed by this paragraph is one of the considerations without which the Corporation would not have executed this Agreement. It is further understood and agreed between the parties hereto that such entry upon the lands shall be as an agent for the Owner or Subdivider, and shall not be deemed for any purpose whatsoever as an acceptance of the said services by the Corporation. 12 23. GENERAL PROVISIONS The Owner or Subdivider agrees with the Corporation: (a) REGISTRATION OF AGREEMENT The Owner or Subdivider agrees that this Agreement shall be registered by the Corporation's Solicitor upon the title to the lands within the Subdivision Plan, and agrees to pay all solicitor's fees and disbursements incurred by the Corporation in respect to registration of this Agreement, forthwith, upon demand. (b) CONTINUATION OF EXISTING SERVICES Where the construction of services herein involves a continuation of existing services to join into the same including adjustment of grades where necessary, such work to be completed in a good workmanlike manner and at the expense of the Owner or Subdivider with the proper approvals. (c) PUBLIC LANDS — FILL AND DEBRIS To neither dump nor permit to be dumped any fill or debris on, nor to remove or permit to be removed any fill from any public lands, other than the actual construction of roads in the subdivision without the written consent of the authority responsible for such lands. The Owner or Subdivider shall, on request, supply the Corporation with an acknowledgement from such authority of the Owner or Subdivider's compliance with the terms of this clause. (d) QUALITATIVE OR QUANTITATIVE TESTS The Corporation may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement and the cost of such tests shall be paid by the Owner or Subdivider within Fourteen (14) days of the account being rendered by the Corporation. (e) RELOCATION OF SERVICES To pay the cost of relocating any existing services and utilities caused by the development work within Fourteen (14) days of the account for same being rendered by the Corporation. The Owner or Subdivider further agrees to similarly pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Corporation, as to interfere with the use of the driveway. (f) TAXES That prior to the release of the Subdivision Plan for registration the Owner or Subdivider shall pay the taxes in full for all the lands included in the 13 said Subdivision Plan according to the last revised assessment roll, until the lands are assessed and billed as separate registered lots. (g) LOCAL IMPROVEMENTS Prior to the release of the Subdivision Plan for registration, to prepay any outstanding local improvement charges which are levied against any of the lands in the said Subdivision Plan. (h) SPECIFICATIONS Unless otherwise specified, any work required under this Agreement shall be according to the specifications of the Corporation. Any and all approval of plans and specifications by the Corporation does not relieve the Owner or Subdivider of responsibility for errors and omissions in the plans and specifications. It shall be the responsibility of the Owner or Subdivider to supply any third party contractor with all necessary information to compete the works contemplated under this Agreement. (i) STREETS During the construction of the services and utilities required to be constructed under this Agreement and during the construction of any dwelling units to be constructed within the subdivision all streets within the development site and Alward Street shall be maintained in good repair and clean by the Owner or Subdivider but this obligation and liability of the Owner or Subdivider does not extend beyond the time of final acceptance by the Corporation. Until final acceptance, the Owner or Subdivider shall be responsible to maintain the entrances to the site on the existing municipal street to ensure the roads are kept clean and free from dust and debris. Q) STREET SIGNS Street signs and traffic control signs will be installed by the Municipality at the Owner's expense. (k) LICENCE TO ENTER To retain a licence from any subsequent purchaser of the aforesaid lands to enter upon such lands in order to comply with the provisions of this Agreement. (I) SANDING, DUST CONTROL, SNOW/ICE REMOVAL FROM ROADS Prior to the Corporation assuming the services, the Owner or Subdivider agrees to provide, at their expense, dust and weed control. 14 The Corporation agrees to snowplow and sand all paved roads in the subdivision upon completion by the owner of the base coat of asphalt and when all frames and covers for catchbasins, manholes and water valves have been set at the same elevation as the base coat of asphalt so they will not interfere with snowplowing operations. The Owner or Subdivider agrees that any service provided by the Municipality prior to formal acceptance of the road by the Municipality shall not be deemed acceptance of the road. (m) SURVEY MONUMENTS AND MARKERS Prior to the formal acceptance of the services and roadwork by the Corporation, the Owner or Subdivider shall supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he/she has found all standard iron bars and survey monuments as they pertain to only vacant lots remaining on the date of the acceptance of the subdivision plan. (n) INTEREST Interest at the per annum rate of Three per cent (3%) points above the prime rate of the Corporation's bank shall be payable by the Owner or Subdivider, to the Corporation, on all sums of money payable herein, which are not paid on the due dates calculated from such due dates. The due dates of any sum of money shall be Fourteen (14) days after the date of the invoice. (o) CANCELLATION OF AGREEMENT In the event the Subdivision Plan is not registered within one year from the date hereof, the Corporation may, at its option, on one month's notice to the Owner or Subdivider, declare this Agreement to be null and void. (p) NOTICES Any notices required to be given hereunder may be given by registered mail, addressed to the other party at its address according to the most recent assessment roll and shall be effective as of the date of the deposit thereof, in the Post Office. (q) UNSOLD LOTS The Owner or Subdivider is to provide suitable weed control on any unsold lots. Failure to do so will result in the Corporation performing the work and assessing a charge or lien to the property. (r) STAGING The Owner or Subdivider covenants and agrees that the construction of the subdivision will be completed in one Phase as Alward Street with all of the services required to be provided by the Owner or Subdivider and the 15 Owner or Subdivider may complete such services in accordance with such phasing proposal as specified in Attachment "B". (s) BUILDING PERMITS The Owner or Subdivider covenants and agrees not to apply for any building permit for any building on the lands until the following pre- requisites have been satisfied: 1. The Water/Wastewater Operations Manager has advised in writing that all sanitary sewer main systems, as applicable, have been constructed and installed in accordance with this agreement and connected to existing facilities that are in operation and until the entire system is, in the opinion of the Manager, capable of servicing said lands. 2. The Manager of Public Works has advised in writing that rough grading has been carried out to his/her satisfaction and that building permits may be issued in accordance with the grading control plan attached hereto as Attachment 'D2'; storm water sewer systems have been installed and road constructed; all traffic, street signs and utilities have been installed. Exceptions to this condition may be permitted where, in the opinion of the Manager of Public Works, there are extenuating circumstances. In these cases, the Owner or Subdivider shall undertake protective and remedial measures to the satisfaction of the said Manager. All costs of such protective and remedial measures shall be borne by the Owner or Subdivider. 3. Hydro One has advised the Corporation in writing that the complete electrical system has been installed in accordance with this agreement and is capable of servicing the lands. Exceptions to this condition may be permitted in writing at the discretion of the Corporation. 4. The Owner or Subdivider has satisfied all the financial requirements under this agreement. (t) SIGNAGE FOR PROJECT The Owner or Subdivider is entitled to erect one sign on the property of the proposed plan advertising the project. Any sign erected must conform to the Corporation Sign By-law. The sign must be kept in good repair at all times and will be required to be removed once all lots are sold. (u) TREE PLANTING The Owner or Subdivider shall plant one tree per lot in a location and of a kind and size approved in writing by the Manager of Public Works. Should any tree die within 12 months of planting the Owner or Subdivider shall replace the tree with a new tree as prescribed in this agreement. 16 Trees are to be planted a minimum of 1 metre (3.3 feet) behind the property line and located so as not to interfere with services and utilities at any time. (v) SURFACE WATER MANAGEMENT DURING CONSTRUCTION The Owner or Subdivider agrees to require the contractor to provide means to avoid ponding, erosion and/or flooding onto adjacent properties during construction and will continue until lots have been developed by means of erosion provisions such as silt fencing, straw bales and rough grading of undeveloped lots to maintain all surface water on developed property. (w) DRIVEWAY APPROACHES The Owner or Subdivider shall pave all driveway approaches to the satisfaction of the Manager of Public Works upon the construction of the building serviced by any such driveway. If any dropped curb is not located correctly with respect to any driveway, the Owner shall construct a dropped curb in the correct location and shall fill in the original dropped curb in accordance with specifications. 24. The Owner or Subdivider agrees with the Corporation: (a) EXTENT OF WORK The extent of work shall be construed to consist of the labour and materials necessary for the construction in a good substantial, workmanlike manner of all the items required for the completion of the entire work consisting of all the items shown on the drawings which have been approved by the Corporation, and which shall be installed according to these specifications; also, of all excavations, drains, sheathing, shoring, false-work, forms, tools, appliances, and materials necessary for the safe expeditious and effective execution of all temporary and permanent work. The Owner or Subdivider shall be responsible for obtaining the location of all other Utilities such as Electric Underground Cables, Telephone Conduits, Sewer Catchbasins, Farm Drainage Tiles, Gas Mains and Services, etc., from the utility concerned, and must protect and/or repair same subject to the regulations of the particular service involved Excavations, backfilling and all work on Municipal Streets must have the approval of the Engineer and/or Corporation. Pavements, driveways, entrance to property, lawns, etc., must be replaced in as good condition as found. Barricades and lanterns must be installed on all works for the protection of vehicles and pedestrians and all precautions taken to minimize the risk of damage and inconvenience to others. 17 All work shall be carried out so that it conforms to the regulations of the Trench Excavators Act, and the Worker's Compensation Board, as it pertains to the safe working conditions of the workers employed on the job. The Owner or Subdivider shall take full responsibility for pavement breaks, which must be approved by the Engineer and restored to the regulations applicable. The closing of roads due to the installation of watermains must have the approval of the Corporation's Engineer and the Owner or Subdivider, must observe all applicable regulations. If the Owner or Subdivider wishes to use a fire hydrant for a supply of water for construction purposes he must obtain approval from the Fire Chief and/or Corporation and provide a proper fitting, complete with shut- off valve to attach to the hydrant. Under no condition is he to operate a hydrant repeatedly as this may cause damage to the mechanism necessitating a compete overhaul. The opening and closing of valves and the loading of watermains only to be performed by employees of the Corporation or its agents. The Consulting Engineer(s) should make arrangements in advance for this type of work to be done. The cost of performing this service will be charged to the Owner or Subdivider and all accounts shall be settled on demand. All cutting connecting to the Corporation's existing mains are normally made by the Corporation's forces at the expense of the Owner or Subdivider. This work may be performed by the Owner or Subdivider by permission of the Engineer and/or Corporation, and with the Inspector present. In the absence of the Owner or Subdivider from the job (whether permanent or temporary), he/she shall provide and leave a competent and reliable agent or foreman in charge and all notices communications, instructions, or orders given, sent, or served upon this person, shall be taken as served upon the Owner or Subdivider. (b) SPECIFICATIONS The installation of the sanitary sewer distribution system is to be carried out in accordance with the specifications previously referred to as supplied by the Corporation. These specifications are considered to be a part of this Agreement. The Owner or Subdivider is required to obtain the necessary approvals and permits from the Ministry of Environment & Climate Change (MOECC) and provide approvals confirmation to the Corporation. (c) LIENS OR CLAIMS The Owner or Subdivider agrees that, upon applying for final acceptance of the sanitary system in the said subdivision, to supply the Corporation 18 with a Statutory Declaration that all accounts for work and materials have been paid or provided or that there are no claims for liens or otherwise in connection with such work done or materials supplied on behalf of the Owner or Subdivider, in connection with the subdivision. 25. Attachments "A" through "E" as listed are attached hereto: 1. Attachment "A" Registered Plan — RP 11 R9370 Parts 1,2, 5, 6 & 7 2. Attachment "B" Time Limits 3. Attachment "C" Estimated Costs of Works 4. Attachment "D1-4" Construction Drawings/Lot Grading Plan 5. Attachment "E" Estimated Costs of Alward Drain Works All shall form part of this Agreement and time shall be of the essence with respect to items contained herein. 26. The Corporation shall be entitled to enforce the provisions of this agreement against the owner of the lands to which it applies, and subject to the provisions of the Land Titles Act against any and all subsequent owners of the lands. 27. The Owner or Subdivider may assign this Agreement only with the consent of the Corporation. 28. All parties hereto shall execute and deliver (or cause to be done, executed and delivered) all such further acts, documents and other assurances that may be reasonably required by the parties for the completion of the work contemplated by this Agreement. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate seals, attested to by the hands of their proper officers in that behalf fully authorized. Date Gerhard Heide, Owner Witness Bernhard Reddekopp, Owner We are authorized to bind the corporation. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Paul Ens, Mayor Paul Shipway, Clerk 4 TTi4 c.,/,-bre---41 i `P i�� Su' elivi s10.41frr ,errit- / 11°I'e S r 7` I q COORDINATE SCHEDULE • ALL COORDINATES ARE N METRES AND WERE DERIVED 1RON PLAN 11R-9370 CFS OBSERVATIONS LIONS ME PRECISE POW/10511104010 ACT °N°�R�5 (PPP)SFRNOE AND ARE REFERRED l0 UT12.ZONE 17.NAM(MS) GATE f®RIIA 3 l&R1 Pair.a.n 23 �(I COORDINATE VALUES ARE TO URBAN ACCURACY R1 nATe�f.,'•"1 • ACCORDANCE MITH O.REG 216/10 516(x) 'J./..fLl/1CfF POINT NORTHING EASTING - fit (00 7 CSlaq„Ra cF aaN polo N,o A 4]]2]40.595 5,8641.x0. PART SCHEDULE S a]u>36.070 x6500.003 PART LOT CON P.I.N. AREA COORDINATES CANNOT,IN INEM0ELVE5,BE USED TO 11245 50.PT RE-ESTABUSHACORNERS OR BOUNDA0ES SNOW ON 11110 PUN2 ' 1U A 353t2r,,,,,°i,s 11815 50.FT. CWSfRRSm00100002ISoMERS Ar WLTA1015 c1 as002.Z2Q lin521211 IT 112050.FT. a05n z 4 TxeorwA Au of 15083 S0.R. I s 101 A1in xa,"_-1e 15852 50.FT. ss A1.2 �- o0I5 15225 50.R. ] i6 11208 S0.FT. COUNTY PARTS 1.,.,COMPOSED OF AM 5 P.22.:z os: TAL ROADDNo. R.":.s 0a"M:Eq 011 Sly OF..1 EMS _°., -'�`_ m`� NDT ...x. u„s se P.A,S:..i°ow.RRo<NE�.,.N,n,,.-.:n HERITAGE (5TE aws,P 5pem.5s 5+1o1Nm1 ROAD PLAN OF SURVEY OF >- i` N r R1;„AMA,,,-21) PART OF LOTS 125 AND 126 `°`°_ •N) LINE CONCESSION SOUTH OF TALBOT ROAD iL 340001°'•"i a„T 443, CEOGRAPH/C TOWNSHIP OF BAYHAM MUNICIPALITY OF ME i s a 5.5 N„PiA °'°�'01 TOWNSHIP OF BAYHAM 1 o' 1.,E �- COUNTY OF ELGIN 1- a .. CD , w ,D ' - 12� T i r 10 e s y 1y a ` I swT"sTA °.D .1N 1 47 Z ki - N2 2 °'Q N PART 2 3 a a # H 1 s'a V.Dsill ° D: 4 21 11R - 9153 1 _ o.i 8 - ' LE ¢� 6 „LIS ,au1 - 02' Q 0. SCALE- I INCH..40 FEET V Q „u. -Ny�'y:o'E(u)# ,.,.,,,..1O95-0'. RR 1 -S `�uu o x .^-- ' i:,p"oil"i)IVN5. 002( O� IMPERIALa a°ro� 51" ml R ;5.» t m a„E" .iW PART 1 �5p zIPP,"'�fi��' F '� _& KIM RUSTED SURVEYING LTD. 11R - 7889 X25 Faa...e - 410 zA"N' ,� r a 0 0 �--�\'0j_ LT &4' N SSR.g _ °2, $ o� � i rc - u a PART 1 SO11(\(a, PART 4 _ `" PART 2 4 - S.. - 021, i"IR - 7889 A SS\oN PART 2�� ` ,,. -- NGti ael ) AGO V a , W a SURVEYOR'S CERTIFICATE OR „m_�s s a a- SBR ��. Sam(_,a„1 f .,8 3. 4 _ 2'r MAT A 1 . A 104'.r, A°'. 11� 8 < (1)-1 a'Rw""""`.c s T.r'mi an,s 7,-,..o 4 limo nus 1,0 MVP,: 102-....., 0 .., J' .i a u�•• = SONY 111¢u) LMy MD n[Acwun°xs uA.x OMR txo. c2' ge�y,_ R,,•N x 5' ' .I u'(05 a s) �• Y3 >1x. nTu - OE. 01-TES NR,cr 003 c0wcrto ON ME 150 001 Ovu.wI.SON 2, ,< a P 15102'MIA 012-4102 116 SS Q e s 1 PART -1 1 R - 7042 4`\An ,SJ1- z s8 ALWARD MEL A.".„e•.-1A.R .�- - STREET 0". F®RUMPlt.x011 5 1 A mow, 0Am _ .F.q. • W U O _ 4,7.7'07.0 ®„ 1wm F"i50 AS IN,1Rwo11142.301..„ .1..a 0.1.I.01 A.,,i ' �4 -- ,,,j�0>5>i M 2S,�o" E.W 919 AS PART -1 .\28 k". _ 0 p4 3 ".„ 5,,.. - 0151 11R - 2003 taST _a NOTES R a o`� PART 7 s= 01-5EAMESS ARE STRaq,O Me ME PEMMED m ME EASTLIM MIT CF or 1 PART 5 PART 6 �a awe SIAM or 4X620 «_��� 11._]0.: gO. \'O - c PIN 5530 .. 4444 (0-l0 CO0.,AT 000.0...Rs m 550°Oo, - MO OM OP OM TO 116 HOPTIMEST KAMM, O: R to - NOa Or o5 Mal 00 NO" T w. a f�Ao1a\G R $ .S2:+Toso,r} ,11E..5 5E, 0s 2. 0 8 �() 121 700 U a s ,11`*.,a) SS a„), � " ,,0 LEGEND 0 .1401P5 SOMME uoantrxr so 00(NA1) .• MOILS SMIY£2 1101MENT PM. se DEMTES STAKOMO ZION SAS MITis =nay BAR 7 Rw MT. a 2'm x 5 . _ 0152 Dpo }3 EMOTES B.PAWNEE 0.1-5 SOVECE 220.0. tC010•65 OEMS,.PV.11E-7042� DEPOSE.FIMI 11E-70.DENOTES M =o i.155 a� t,,r3 Uu OEM AS _m C,u5T 01 (0n ODI Nsmv"Do C245123 O'( 1051 000115 OE0 5 055U35.344-Dm0 N Nsmour4T 550,5, ~ OUB\\ 3 350. 5 rOOg'? 01„O1s OwInro"o'''''"'"' 9\0� 's KIM HUTTED SURVEYING ONTARIO LNSURVEYOR 30 RARVEY 5111EET.121501BURO CHT,RIO.540 348 PHC11E519-542-3535 FAP,518-842-36T0 PROJECT:10-9342 REFERENCE:HF 1 W.IuC.1n", 20 ATTACHMENT "B" to Subdivision Agreement TIME LIMITS SERVICES TO BE PROVIDED TIME LIMIT FOR CONSTRUCTION (1) Storm and Sanitary Sewer Construction April — May 2018 (2) Granular Roadwork May 2018 (3) Electrical and Utilities June 2018 (4) Base Asphalt October 2018 (5) Lot Grading and Boulevard Completed by December 2019 Restoration to be completed with House construction (6) Surface Asphalt November 2018 /q%7-4civif E)J% "G �i ,7� 14�vrs�of) 6rec-i l m' ��� r� Si- - 1011 d I 8 March 2018 SCHEDULE 1 ALWARD STREET SEVERANCE MUNICIPAUTY OF BAYHAM-STRAFFORDVILLE ESTIMATED CONSTRUCTION COSTS (5 Semi-detached Lots) QUANTITY UNIT PRICE TOTAL SANITARY SEWER 200mm0 96.6 m 130 $12,558 1200mm0 manholes 2 each 4,000 8,000 POC's 10 each 1,300 13,000 Miscellaneous 442 $34,000 $34,000 STORM SEWER 150mm0 Big'O' 20.0 m 50 $1,000 200mm0 121.2 m 130 15,756 250mm0 97.7 m 140 13,678 375mm0 HDPE BOSS 2000 Culvert 48.0 m 200 9,600 1200mm4 catchbasin manhole 1 each 4,000 4,000 PDC's 9 each 750 6,750 Single catchbasin 6 each 1,500 9,000 Miscellaneous 216 $60,000 60,000 ROADWORK(135±m,equiv.to 7.3 width of exc.) Removals(Alward Street) $1,000 Excavation,topsoil stripping,grading excluding lot grading 5,500 Granular A 370 m3 35 12,950 Fine grading 2,000 HL8 173 tonnes 100 17,300 Milling,sweeping&tack coat(1280m2) 1,280 111.3 148 tonnes 110 16,280 Topsoil&Sodding 1640 m2 5 8,200 Adjust manholes and catchbasins 4 each 500 2,000 Miscellaneous 490 $67,000 67,000 Sub-Total $161,000 100%Work within ROW $ 161,000 1.76%Effective HST 2,834 Total Security Required $ 163,834 .� ::- ES yoiti.4. The foregoing costs exclude: Andrew Gilvesy,P.Eng. ` •Development charges; CYRILJ.DEMEYERE LIMITED y tti fit • F� •Electrical CONSULTING ENGINEERS ; /�/ .. Gia\ •Legal and survey costs TILLSONBURG,ONTARIO 'U A. GILV' x' (ft It-4e N Q °�°°° ALWARD STREET KEY PLAN 4�'• SEVERANCES KEY STRAFFORDVILLE —W�i■NEEEE�n ,� MUNICIPALITY OF BAYHAM 1 SITE A.0m0 a@ m LISTOFDRAWINO9 TRAFFIC CONTROL NOTES 9' DESCRIPTION ' PRIOR TO ARCO ME ENON�AND HOMY INECPOUER FIRE iM SHALL OBTAITLIENT ANBUUNCE CLEARANCE AND SRE AN BUS OPERATORS CV OF ME LOCATOR ar�RURA110N OF ME 1 COVER SHEET-GENERAL SERVICING PLANMANIiRNEEACCESS mRO °rAU Pno THE MAR.DIRECTO,SIYRAMCEiO RUST i:. 2 GRADING PLAN/TRIBUTARY AREAS F z=IMAM dASIIIE a xENIrAf£uxE NLL xm OE PENNOOi1FD.ONE LANE OF 3 ALWARD STREET ,Runc esu PEwurreo Dumxo Pdecxo HOURS AND rrm LW6 GENERAL NOTES,DETAILS AND SECTIONS ARE REWIRED o3mnar ARO ON WEEKENDS 4 ,ERPORAAY rt Wmr W A TANOE YON ONTARIO Mune -ec11x r,r3EPrnARY camnas A ME AinxeONIP.1Crs101tTHAT AT nNL rNOT BE APsDE 1111 N1 RV VMS Of Ol uwir' 0 THE OSNINACIOR SHALL mL OUST AND uuxruTOE c TRROAD SURFACE LAM BASE ASPHALT IS COWLERT3 U 4 ,A.i a �cash r"nr4 AxD Mune IT"'"PLAN sou DE 0 ' I m n¢ENUIFFEI PDR APPROVAL PR,ae m wNmRuenarL * O E 4a �rII E " (ft_ aE 0 n�Ee SEz SEE -0- Ell I 5 a ) 4410 N L3 I" 3- II le . 1000 @ s:P I �.�' r4 ECHE„fiW , `� v FORMER iRAILVv/Ye.Y ; !` 1' I I� • 0 i etc. d 1 ,. 4 a IV — T I'..L� ej i� i P 1 OM.FGES WART SEAM > SANITARY SO. . -4----- .•� ii ilii PR PROPOSED 4 . ---------r {'}:;{. _ . 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CLASS 'B' BEDDING SONS.1.0.1.0 ws WOE.�"�t,E`a'mp *E PLACE N STRAWFILTER ammER"C+.MROSSEOVE.AND DRAW.SIKLES B"A,mom..RO.'�` sur Erma MO PRECAST MANHOLElas ovewND ��,S ,mama =w=ram�m "D 11.17.0 N.T.S. op..,...rlmmuT. rw°set®m�AmBxm' )E sfl4*IJ.w*i*Nn NO/OR ws°uw s°uti wNE"mo TAta"mA CE Sri ENTIM K sMILMOR et sOMMBUIR°R TN a� Qom ma.,r 0 sT SCOI,xsmwm 1.1110C ADJATESIT CR MK. L1�+-,1 _.SHA1 aBR�.TRW m COMMD Aa A,m�am PRIVATEOWOM PRAM CONNECTION NOTES TO CUTER. . S ILO on K Om n Duna STELE m. 1-1% RE mx mm sw.BE %p M®SOT m"�re O.ret mWEAK .,, com .11,11/13. 96011 veapi arr.En ...EA IRE.IvE EAUIA•E Bic PLA.0 10/KOLE KM CIF KS KM TE E ▪LE warm"aur uam E m 3 NBA q^om.�)cu mP." ���y mDa m...• A �� L.m� m ass OAm.26 mO .EIC m" FET R.I.LOST BE APPRO.BY TEM.O. ME xu m A�ziene.ee.."AVR.TM HAUL VC � .w12.SAMMY AM ST2RN RIES 51.115 L.AT IPHILEN CR.UNLESS REOIKKOM DOMO ME xe _ M TILL RESULT. ROD MEM MDE/CEPIN MST TIS WW1 emmx,m,m7a,:ww �mAmmm wet10 aR�am.mmmMw.mnmmmAD .Awme�.��:w'� �� ,2Y mB�°.SR.. °ZAMITSIEE mEMEo aµ�°° 0 .D wRram 6wm. �.Surwrm a..=mg r2=0' 0 t "�R,mm.DT116ymusoAwort Am SHALL a w"va.m�c '''''''97.4°'°.6 f:, l.+R In�I�st r,N.0 Nor OE w,.w.ARD SURF..T E CONT.. ML ` : mi.. i�75 " romUDEDPIR.POE;ETC MORO... 04x00 Itmu.wo WE IC mm.Rm, a.1 Tt mAY..w mAmAmm..DD.AmB. M. __ M� Dmm m roDmmn xD,a RmmDamm.wmemmE0220 ��1 mxmm.wIWO MO "a� °mmEB' "BY 1.60OM OM.„D OE DMEM TO BE B °TUIPS„ .1.151 PI ..B.a,m.®sou.sU.reteEEL..1a '-'-mE ORMO TO 22=0aD DD6mDmD= flwa.AmmOmmemDm�mm.. ,¢m set= +_,!�-R m mm. ,�!-jB _ s,..,,„.,, ®EBua Nis mRK. m AR xmIE ma0mx4.6.Oi �1�, PA A COMN AA a TO MOO 6.. `J' A�'n IS&.'"R 31R41B. °�.mmo rn>mmaAxw.m,mw.. .aTO -"E.TaDDPLACE"'DN"5Ab 51...111" °BY NPLW wen TIE /11-41°'x�°' _ U Wm-CUR°�WBS51.ER'110. Da""Cm.DETRE=wwD Dmm N..SHALL DE Rlslmm As �pT,�LOW amm®m WTI,•..w' aAL"Fe''' m a CATCHBASIN CONNECTION -IR..603 MUM POUR. RI ONS 10 o h m a_+aD.AO N m rAE tieDE AS DEEM. a ama wax. Bet Om -DD:mam MOVE DREW.LIN.BER U ,, aR.6.UM.SNOW MO`6000 ILL D. GRIM DEEP PRIVATE DRAIN CONNECTION NNa romm,. PRE.a DK.TE W," RE Rolm®^,„,NCK,MIN K^D�"w"m MO ORM.161 ' N.r s STANDARD CATCHBASINAKI 6D...M.GRANULAR•.•Bra AND STONES SET”2600 ME -GRASS AMS 51111 BE 1.E1.STIN 1.0..MECO.me sco TO mum memo os sae 66. SIOLL DE WA..MO WORMED NO MO UPON COMM.OF TIE POLECT 0..,. 0 ( _010.0.11.16.1126.CE HOLES.A AS ,a SCP CONNECTOR. EA°RATS-Cf.IT..DEMATERS OW OE PE.FIED ON I..AS PL.OWES�w°rs aR D u,.•.+,. D,,:.-.N. T AAAA I4. Ks.ILLAO'w.ART ALL RO non fl.1.106E�0 1Epwa 11 ATEAS"IER CUM.DDmm muwain a.IBa.n GRANULAR W. W:,,•i. . ,.xD ........ 1 ... `SC s TC.ALLsO ER aavlmA.aN Ic cw'°°..a wmwz°,m'D IN.BNrrors xOMATE REMORAS.S.C"Bet �, D ...D AAAA. BE ROMP.MIS AT MEAT.. E j Dr „RD I �'I'1 I 21 NI m ms os ' I 6.0.61TON WIT nee. -THE CO...5u1 Co-DnRA,E NM MORD DIE A”MEM MIES AB KKK.DE 0.21.C.DIA,.NmYN,aOONEAMM. NmDrwmmMM.ro.N,K SECTION B-B I;/ worm of RE NrDRD PO..=many=EAC AT(aO eB.-037e. ELT' t �\ �.._...1 I ;IR�I III;, rI I I tx..0 E ' E E. 1 l 3B PV.0_00* , p 1 ‘,„. ,,..........."7„....„_ .... !. __ I._� r (,/ .4}",.24.," _{. . R ..,'.:",9,;; %.,,,.....«..:...� ._ SECTION A-A FRONT VIEW .M ry........................•j NOTES: =MLA. '01=:.',.',.t'.14-7-'' Ars.1.01 °°'"''''I.m.A 0 AL3.' INFILTRATION CATCHBASIN DETAIL .,r "''"r"''•" "x"" evacluiv. anedotT.r xl. MUNICIPALITY OF BAYHAM-STRAFFORDVILLE ONrARIoPRovaGw.STANDARD DRAWING N,.zD1.IR•,ID •'°••�<°•.•°"•�•••"•" •",•••••",•>•` ..,..,.m.,.w r.•..,.., a'�S >C \�6 nB.O,e F�©� .. E' A - k CJ awARPLAN I R IM-9370 PRECAST CONCRETE DITCH INLET OPSD"70 _ E ex L. _ EDC x Eoomm ?'--- - - k•-----••1° �sr PJ : AL mmmrm Rete KIR Consultin°D... """'G'2" GENERAL NOTES, DETAILS AND N - P NER- vm1 CJ DL'= �� ���• 10 m D� nE1m 0e w.m0 OPSD 705.030 .�...........^...._:......:.,,.....1',..,,,--..••••••,;w--.4,61. • .-AAAA_. . o immm "^ •'^ "^ 1 WMnoNo.Axw,mN LIWI.0 a DESGN BIT AC DRAWN BY: JCS CHECKED BY:RP CROSS-SECTIONS i. No. REWEION DATE BY PROJECT NO.MI SURVEY OTT 111N DATE OI OCT ROW DRAMNO Na 4 PT�'leiML-20(r '`� f, 6 ALWARD DRAIN 1,0(Vt Municipality of Bayham We have made an estimate of the cost of the proposed work which is outlined in detail as follows: ALWARD DRAIN Installation of the following H.D.P.E. sewer pipe including installation bedding and backfill materials for sewer pipe 140 meters of 250mm dia. H.D.P.E. sewer pipe $ 4,440.00 186 meters of 300mm dia. H.D.P.E. sewer pipe $ 6,140.00 Supply of the above listed pipe $ 6,010.00 Supply and Delivery of 19mm crushed stone(Approx.130 tonnes) $ 2,600.00 Supply and install one(1) 600mm x 600mm ditch inlet catchbasin, including grates, berms, ditching and connection to existing basin $ 1,900.00 Exposing and locating existing tile drains and utilities $ 700.00 Tile connections and contingencies $ 1,100.00 Allowances under Sections 29 of the Drainage Act $ 1,080.00 ADMINISTRATION Interest and Net Harmonized Sales Tax $ 730.00 Survey, Plan and Final Report $ 6,500.00 Expenses $ 1,190.00 Supervision and Final Inspection $ 1,210.00 TOTAL ESTIMATED COST $ 33,600.00 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-035 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND FRANKLIN CONSTRUCTION WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Franklin Construction for the supply and installation of Gutter Clean by Alu Rex at various locations within the Municipality of Bayham; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between Franklin Construction and the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF MARCH 2018. MAYOR CLERK MUNICIPALITY OF BAYHAM By-Law No. 2018-036 PROPERTY STANDARDS BY-LAW TABLE OF CONTENTS SECTION DESCRIPTION PAGE 1.0 SHORT TITLE 2 2.0 DEFINITIONS 2 3.0 GENERAL STANDARDS FOR ALL PROPERTY 6 4.0 RESIDENTIAL STANDARDS 7 5.0 VACANT BUILDINGS 13 6.0 NON-RESIDENTIAL PROPERTY STANDARDS 13 7.0 PROPERTY STANDARDS COMMITTEE 15 8.0 ENFORCEMENT 16 9.0 STANDARDS 17 10.0 CERTIFICATE OF COMPLIANCE 17 11.0 COMPLIANCE 17 12.0 VALIDITY AND SEVERABILITY 17 13.0 FEES 18 14.0 REPEAL AND TRANSITION 18 15.0 EFFECTIVE DATE 18 MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-036 Being a By-Law for prescribing standards for the maintenance and occupancy of property within the Municipality of Bayham WHEREAS Section 15.1 (3) of the Building Code Act, 1992, S.O. 1192, c.23 as amended, provides the Municipality of Bayham the authority to pass a by-law prescribing standards for the maintenance and occupancy of property within the municipality and requires that any property not in conformity can be maintained to conform or be cleared and left in a levelled condition; AND WHEREAS the Official Plan for the Corporation of the Municipality of Bayham includes provisions relating to property conditions as required by section 15.1 (3) of the Building Code Act, 1992, S.O. 1992, c.23 as amended; AND WHEREAS section 391 (5), of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that Council may by by-law impose fees for services and activities provided or done by or on behalf of the Municipality of Bayham; AND WHEREAS it is deemed expedient to establish standards for the maintenance and occupancy of property in the Municipality of Bayham. THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1.0 SHORT TITLE 1.1 This by-law shall be known as the "Property Standards By-Law". 2.0 DEFINITIONS 2.1 For the purpose of this by-law: 2.1.1 "Accessory Building" means a detached building or structure, not used for human habitation, the use of which is incidental or subordinate to the lawful use of the property and which is located on the same lot; 2.1.2 "Agricultural Equipment" means implements and machinery commonly used for farming; 2.1.3 "Balustrade" means a row of balusters or spindles surmounted by a railing; 2.1.4 "Basement" means that portion of a building that has at least one- half of its height from finished floor to finished ceiling below the average adjacent finished grade; 2.1.5 "Bathroom" means a room containing at least one toilet, bathtub or shower, or two rooms that contain in total at least one toilet and one bathtub or shower; 2.1.6 "Bedroom" means a habitable room used for sleeping purposes; 2.1.7 "Building" means any structure used or intended for supporting any use or occupancy; 2.1.8 "Building Code" means the Building Code Act, 1992, S.O. 1992, c.23 as amended, and includes the regulations made thereunder; 2.1.9 "Chief Building Official" means the person Council has appointed as such pursuant to the Building Code; 2.1.10 "Committee" means a Property Standards Committee established under this by-law; 2.1.11 "Corporation" means The Corporation of the Municipality of Bayham; 2.1.12 "Council" means the Council of The Corporation of the Municipality of Bayham; 2.1.13 "Dwelling" includes any building, part of a building, tent, trailer, mobile home or other covering or structure, the whole or any portion of which is used or capable of being used for the purpose of human habitation; 2.1.14"Dwelling Unit" means a room or a suite of rooms used or designed to be used by one or more individuals as an independent or self- contained domestic unit or housekeeping establishment capable of supporting general living conditions including cooking, eating, sleeping and sanitary facilities; 2.1.15 "Farm" means a parcel of land, including accessory buildings and structures located thereon, used for the raising of livestock, growing of field crops, berry crops, tree crops, flower gardening, nurseries, aviaries, apiaries or forestry and reforestation, including the sale of such produce or crops on the same parcel; 2.1.16 "Fire Code" means the Fire Protection and Prevention Act, 1997, S.O. 1997, C.4, as amended, and includes the regulations made thereunder; 2.1.17 "Habitable Room" means any room in a dwelling unit used or designated to be used for living, sleeping, cooking or eating purposes; 2.1.18 "Hazardous Building or Structure" means a building or structure, whether or not structurally unsafe within the meaning of the Building Code, that has sustained damage of any kind to the whole or any part of the building or structure by reason of fire, storm or other cause and the damage has not been repaired; 2.1.19 "Heating System" means a device to convert fuel into heat energy and includes all components, controls, wiring, and piping required to be a part of the device by the applicable standard referred to in the Building Code; 2.1.20 "Lot" means a parcel of land the boundaries of which are defined in the last registered instrument by which legal or equitable title to the said parcel was lawfully and effectively conveyed; 2.1.21 "Lux" means a unit of illumination equal to the direct illumination on a surface that is everywhere 1 m. from a uniform point source of one candle intensity or equal to one lumen per sq. m.; 2.1.22 "Maintenance" means the preservation and keeping in repair of a property; 2.1.23 "Mobile Home" means 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, tent trailer or trailer otherwise designed; 2.1.24 "Multiple Dwelling" means a building lawfully containing three or more dwelling units; 2.1.25 "Multiple Use Building" means a building lawfully containing both a dwelling unit and a non-residential use; 2.1.26 "Non-habitable Space" means any room or space in a dwelling or dwelling unit other than a habitable room and includes a bathroom, pantry, lobby, corridor, stairway, closet, storage room, cellar, furnace room, garage, or space for service and maintenance, or space which does not comply with the minimum standards for residential occupancy; 2.1.27 "Non-residential Property" means a building or structure not occupied or capable of being occupied in whole or in part for the purpose of human habitation and includes those lands and premises appurtenant thereto; 2.1.28 "Occupancy" means the use or intended use of a building or part thereof for the shelter or support of persons, animals or chattels; 2.1.29 "Occupant" means any person or persons over the age of eighteen years in possession of a property; 2.1.30 "Owner" includes the person for the time being managing or receiving the rent of land or premises in connection with which the word "owner" is used whether on his own account or as agent or trustee of any person, or would so receive the rent if such land and premises were let, and shall also include a lessee or occupant of the property who, under the terms of the lease is required to repair and maintain the property in accordance with the standards of this by- law, and the person designated as owner on the assessment roll of the municipality; 2.1.31 "Person" includes an individual, corporation, firm, association, trust, bureau or partnership; 2.1.32 "Property" means a building or structure, or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile structures, outbuildings, fences and retaining walls, and erections thereon, whether heretofore or hereafter erected and includes vacant property; 2.1.33 "Property Standards Officer" means a person designated as such by a resolution or by-law of Council and shall include the Municipal Law Enforcement Officer and the Chief Building Official of the Municipality of Bayham; 2.1.34 "Repair" means the provision of such facilities and the making of additions or alterations or the taking of such action as may be required so that the property shall conform to the standards established in this by-law; 2.1.35 "Sewage" means liquid or water borne waste of industrial, commercial or domestic origin including human body waste, toilet or bathroom waste, shower, tub, culinary, sink or laundry waste, but does not include storm water; 2.1.36 "Sewage System" means the municipal sewer system if one is available, and if not, an approved private sewage disposal system as defined by the Building Code; 2.1.37 "Standards" means the standards prescribed in this by-law; 2.1.38 "Storm Water" means water that is discharged from a surface as a result of rainfall, snowmelt or snowfall; 2.1.39 "Unsafe Condition" means a condition that poses or constitutes a fire hazard or risk to life, limb or health of any person; 2.1.40 "Waste Disposal Site" means a parcel of land on which domestic waste is disposed of and which is authorized on that land by a by- law of the Corporation. 3.0 GENERAL STANDARDS FOR ALL PROPERTY 3.1 All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the requirements of the Building Code and Fire Code. Accessory Buildings 3.2 Every property shall be free of accessory buildings which are dilapidated, collapsed, or partially constructed, unless currently under construction. Sewage and Drainage 3.3 Properties shall be maintained so as to: (i) Ensure that no roof drainage is discharged onto sidewalks, stairs or neighbouring property, nor on any surface within the road allowance; and (ii) Ensure that sewage is discharged into a sewage system. Parking Areas, Walks and Driveways 3.4 All areas used for vehicular traffic and parking shall have a surface covering of asphalt, concrete, or compacted stone or gravel and shall be kept in good repair. 3.5 Steps, walks, driveways, parking spaces and other similar areas shall be maintained so as to afford safe passage under normal use and weather conditions. Garbage Disposal 3.6 All garbage, refuse, and ashes shall be promptly placed in a suitable container and made available for removal in accordance with the Corporation's garbage collection by-law. Compost Heaps 3.7 The occupant of a residential property may provide for a compost heap, provided that the compost pile covers an area no larger than 1.5 sq. m. (16.15 sq. ft.), is no more than 1.8 m. (6 ft.) in height and is enclosed on all sides by concrete block or lumber or is in a container, or an enclosed commercial plastic container designed for composting. 4.0 RESIDENTIAL STANDARDS General Conditions 4.1 Every owner of a residential property shall: (i) maintain their property and every part thereof, in a clean, sanitary and safe condition; (ii) maintain every floor, wall, ceiling and fixture, including hallways, entrances, laundry rooms, utility rooms, and other common areas in a clean, sanitary and safe condition; (iii) not allow accumulation or storage of garbage, refuse, appliances or furniture in a means of egress. Pest Prevention 4.2 Dwellings shall be kept free from rodents, vermin and insects at all times. Methods used for exterminating such pests shall be in accordance with the provisions of the Pesticides Act, R.S.O. 1990, c.P.11 as amended. 4.3 Openings, including windows, that might permit the entry of rodents, insects, vermin or other pests shall be appropriately screened or sealed. Structural Soundness 4.4 A building, or any part thereof, shall be capable of sustaining its own weight together with the loads that may be applied thereto by reason of its use and occupancy and / or natural causes as set out in the Building Code. 4.5 If the Property Standards Officer deems it necessary for the structural capacity of a building, or any part thereof, to be proven to meet the minimum standard, he may require, and the owner of the building shall submit, a report prepared, sealed and signed by a professional engineer who is qualified in the field and licensed by the Professional Engineers of Ontario, attesting to the structural capacity and soundness of the building or any part thereof. Foundations 4.6 Foundation walls of a dwelling shall be maintained so as to prevent the entrance of insects, rodents and excessive moisture. Required maintenance may include the shoring of the walls to prevent settling, installing sub-soil drains, at footings, grouting masonry cracks, damp-proofing and waterproofing walls, joints and floors. Exterior Surfaces 4.7 Exterior surfaces of a dwelling and their components, including soffit and fascia, shall be maintained in good repair free from cracked, broken or loose masonry units, stucco or other defective cladding or trim. Paint or some other suitable preservative coating shall be applied and maintained so as to prevent deterioration due to weather conditions, insects or other damage. 4.8 Walls, roofs and other exterior parts of a building shall be free from loose or improperly secured objects or materials. 4.9 Exterior walls of a dwelling and their components shall be free of unauthorized signs, graffiti and similar defacements. Windows and Doors 4.10 The owner shall ensure that the exterior windows, doors and hatchways are maintained in good repair so as to prevent the entrance of wind or rain into the building. 4.11 Rotted, ill-fitting or damaged doors, door frames, window frames, sashes and casings shall be renewed or replaced. Defective window hardware, weather stripping and broken window glass shall be replaced. 4.12 In a dwelling unit, all windows that are intended to be opened and all exterior doors shall have suitable hardware so as to allow locking or otherwise securing from inside the dwelling unit. 4.13 Every window in a dwelling unit located above the first storey of a multiple dwelling shall be equipped with an approved safety device that would prevent any part of the window from opening greater than would be permitted by the Building Code. Roofs 4.14 A roof, including the fascia board, soffit, cornice and flashing, shall be maintained in a watertight condition. 4.15 Where eavestrough and roof gutters are provided they shall be kept in good repair and free from obstructions and shall be properly secured to the building. Walls, Ceilings, and Floors 4.16 Every wall, ceiling and floor in a dwelling shall be maintained so as to provide a continuous surface free from holes, cracks, loose coverings or other defects. Walls surrounding showers and bathtubs shall be impervious to water. 4.17 Every floor in a dwelling shall be reasonably smooth, level and maintained so as to be free of loose, warped, protruding, broken, or rotted boards or other material that might cause an unsafe condition or allow the entrance of rodents and other vermin or insects. 4.18 Every floor in a bathroom, kitchen, and laundry room shall be maintained so as to be impervious to water. Stairs, Porches and Balconies 4.19 Inside and outside stairs, porches, balconies and landings shall be maintained so as to be free of holes, cracks and other defects that may constitute an unsafe condition. Existing stair treads or risers that are broken, warped, or loose and any supporting structural members that are rotted or deteriorated shall be repaired or replaced. 4.20 Outside stairs, porches, balconies and landings shall be protected from deterioration by the use of paint or other suitable protective material. Guards and Handrails 4.21 A guard, handrail or banister shall be installed so as to prevent accident or injury as required by the Building Code. A handrail shall be installed and maintained in good repair in all stairwells. Guards shall be installed and maintained in good repair around all landings, porches and balconies, where required by the Building Code. Guards, handrails or banisters shall be constructed and maintained rigid in nature and to withstand the loads to which they are subject due to intense use. 4.22 Outside guards, handrails or banisters shall be protected from deterioration by the use of paint or other suitable protective material. Kitchens 4.23 Every self-contained dwelling unit shall contain a kitchen area equipped with a sink, served with hot and cold water, storage facilities, counter top work area and space for a stove and refrigerator. 4.24 Every kitchen shall have provided an adequate and approved gas, electrical or other fuel supply for cooking purposes, installed to the standards provided by the Technical Standards and Safety Act, 2000, S.O. 2000, c. 16, as amended, and the applicable regulations thereunder or other applicable legislation. 4.25 There shall be at least 76cm. (30 in.) clear space above any exposed cooking surface. 4.26 A splash back or counter top having an impervious surface shall be provided around a kitchen sink. Bathroom and Toilet Facilities 4.27 Every dwelling unit shall contain a bathroom consisting of at least one fully operational toilet, lavatory and bathtub or suitable shower unit. Every lavatory and bathtub or shower shall have an adequate supply of hot and cold running water. Every toilet shall have suitable supply of running water. 4.28 Every required bathroom shall be accessible from within the dwelling unit and shall be fully enclosed and provided with a door capable of being locked so as to allow privacy for the person using the room. 4.29 Where bathroom facilities are shared by occupants of residential accommodation, other than self-contained dwelling units, an appropriate entrance shall be provided from a common passageway, hallway, corridor or other common space to the room or rooms containing the facilities. Plumbing 4.30 Each lavatory, bathtub or shower and one kitchen sink shall be equipped with an adequate supply of hot and cold running water. Hot water shall be supplied at a temperature of not less than 45 degrees Celsius (113 degrees Fahrenheit). 4.31 Every dwelling unit shall be provided with an adequate supply of potable running water from a source approved by the Medical Officer of Health. 4.32 All plumbing, including drains, water supply pipes, toilets and other plumbing fixtures, shall be maintained in good condition free of leaks or defects and all water pipes and appurtenances thereto shall be kept from freezing. 4.33 All plumbing fixtures shall be connected to the sewage system through water seal traps. Electrical Service 4.34 Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an approved electrical supply system. 4.35 The electrical wiring, fixtures, switches, receptacles, and appliances located or used in dwellings, dwelling units and accessory buildings shall be installed and maintained in good working order so as not to cause fire or electrical shock hazards. All electrical services shall conform to the regulations established by, and be installed to the standards provided by, the Technical Standards and Safety Act, 2000, S.O. 2000, c. 16, as amended, and the applicable regulations thereunder or other applicable legislation. 4.36 Every bathroom, kitchen, laundry room, furnace room, basement and non- habitable room or storage area shall be provided with permanent light fixtures. All other habitable rooms shall have a wall switched receptacle for lamps if no permanent light fixtures are provided. 4.37 Lighting fixtures and appliances installed throughout a dwelling unit, including hallways, stairways, corridors, passageways, garages and basements, shall provide sufficient illumination so as to avoid an unsafe condition in normal use. Heating, Heating Systems, Chimneys and Vents 4.38 Every dwelling and building containing a residential dwelling unit or units shall be provided with suitable heating facilities capable of maintaining an indoor ambient temperature of 21 degrees Celsius (70 degrees Fahrenheit) in occupied dwelling units. The heating system shall be maintained in good working condition so as to be capable of safely heating the individual dwelling unit to the required standards. 4.39 All fuel burning appliances, equipment and accessories in a dwelling shall be installed and maintained to the standards provided by the recognized standards and testing authority and other applicable legislation. 4.40 Where a heating system or part thereof requires solid or liquid fuel to operate, a place or receptacle for such fuel shall be provided and maintained in a safe condition and in a convenient location so as not to create an unsafe condition. 4.41 Every dwelling shall be so constructed or otherwise separated to prevent the passage of smoke, fumes, and gases from that part of the dwelling which is not used, designed or intended to be used for human habitation into other parts of the dwelling used for habitation. Such separations shall conform to the Building Code and Fire Code. 4.42 All fuel burning appliances, equipment, and accessories in a dwelling unit shall be properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney flue or other approved method. 4.43 Every chimney, smoke-pipe, flue and vent shall be maintained in good repair so as to prevent smoke, fumes or gases from entering a dwelling unit. Maintenance shall include the removal of all obstructions, sealing open joints, and the repair of loose or broken masonry units. 4.44 Every chimney, smoke-pipe, flue and vent shall be maintained in good condition so as to prevent the heating of adjacent combustible material or structural members to unsafe temperatures. Egress 4.45 Every dwelling and each dwelling unit contained therein shall have a safe, continuous and unobstructed passage from the interior of the dwelling and the dwelling unit to the outside at street or grade level. Lighting 4.46 Every habitable room, except for a kitchen or bathroom, shall have a window or windows, skylights or translucent panels that face directly to the outside with an unobstructed light transmitting area of not less than 10% of the floor area of such rooms where practicable. The glass area of a sash door may be considered as a portion of the required window. 4.47 All public hallways and stairs in multiple dwellings shall be illuminated at all times so as to provide safe passage. Ventilation 4.48 Every habitable room in a dwelling unit and every bathroom shall have openings for ventilation providing an unobstructed free flow of air as required by the Building Code. 4.49 All systems for mechanical ventilation shall be maintained in good working order. 4.50 All enclosed areas including basements, crawl spaces and attics or roof spaces shall be adequately ventilated. Disconnected Utilities 4.51 Owners of residential buildings or any person or persons acting on behalf of such owner shall not disconnect or cause to be disconnected any service or utility supplying heat, electricity, gas, refrigeration or water to any residential unit or building occupied by a tenant or lessee except for such reasonable period of times as may be necessary for the purpose of repairing, replacing or otherwise altering said service or utility. 5.0 VACANT BUILDINGS 5.1 All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Building Code, as amended. 5.2 Vacant buildings shall be kept cleared of all garbage, rubbish and debris, and shall have all water, electrical, and gas services turned off except for those services that are required for the security and maintenance of the property. 5.3 The owner of a vacant building shall board up the building to the satisfaction of the Property Standards Officer by covering all openings through which entry may be obtained. The boarding shall consist of a least 12.7mm (0.5 in.) weatherproof sheet plywood securely fastened to the building and painted a colour compatible with the surrounding walls. 5.4 Buildings boarded up more than 6 months shall be either restored to conform with the standards of this by-law or, where deemed necessary by the Property Standards Officer, will be ordered to be demolished in accordance with this by- law. 6.0 NON-RESIDENTIAL PROPERTY STANDARDS 6.1 All repairs and maintenance of non-residential property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Building Code. Storage 6.2 Every owner of non-residential property where the warehousing or storage of material or operative equipment that is required for the continuing operation of the industrial or commercial aspect of the property shall maintain their property in a neat and orderly fashion so as not to create an unsafe condition and shall provide unobstructed access for emergency vehicles. Where conditions are such that, in the opinion of the Property Standards Officer, an area is offensive to view, the offensive area shall be suitably enclosed by a solid wall or a painted board or metal fence and maintained in good repair. Parking Area and Driveways 6.3 All areas used for vehicular traffic and parking shall have a surface covering of asphalt, concrete or compacted stone or gravel and shall be kept in good repair. Notwithstanding the foregoing, on non-residential properties that abut residential properties, all areas used for vehicular traffic and parking shall have a surface covering of asphalt or similar hard surface or shall be treated to prevent dust. 6.4 All areas used for vehicular traffic, parking spaces and other similar areas shall be maintained so as to afford safe passage under normal use and weather conditions. Structural Soundness 6.5 A building, or any part thereof, shall be capable of sustaining its own weight together with the loads that may be applied thereto by reason of its use and occupancy and/or natural causes as set out in the Building Code. 6.6 If the Property Standards Officer deems it necessary that the structural capacity of a building or any part thereof be proven to meet the minimum standard, he may require, and the owner of the building shall submit, a report, prepared, sealed and signed by a professional engineer who is qualified in the field and licensed by the Professional Engineers of Ontario, attesting to the structural capacity and soundness of the building or any part thereof. Exterior Walls 6.7 Exterior walls of a building or a structure and their components, including soffit, fascia, windows and doors, shall be maintained in good repair free from cracked, broken or loose masonry units, stucco, or other defective cladding, or trim. Paint or some other suitable preservative or coating must be applied and maintained so as to prevent deterioration due to weather conditions, insects or other damage. Guards and Handrails 6.8 A guard shall be installed and maintained in good repair on the open side of any stairway or ramp, as required by the Building Code. 6.9 A handrail shall be installed and maintained in good repair in all stairwells. 6.10 Guards shall be installed and maintained in good repair around all landings, porches and balconies where required by the Building Code. 6.11 Guardrails, handrails and banisters shall be constructed and maintained rigid in nature and to withstand the loads to which they are subject to, due to the intended use. Lighting 6.12 The owner of all non-residential properties shall install and maintain sufficient windows, skylights, and lighting fixtures necessary for the safety of all persons attending the premises or as may be required by the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended, for industrial and commercial properties. 6.13 Lighting shall not be positioned so as to cause any impairment of use or enjoyment of neighbouring properties. 7.0 PROPERTY STANDARDS COMMITTEE 7.1 For the purposes of this by-law, there is hereby established a Property Standards Committee that shall be composed of not fewer than three members appointed by resolution or by-law of Council. Term of Office 7.2 The members of the Property Standards Committee shall remain in office at the pleasure of Council. Filling of Vacancies 7.3 Council shall forthwith fill any vacancy that occurs in the membership of the Committee. Compensation 7.4 The members of the Committee shall be paid such compensation as the Council may provide by resolution or by-law of Council. Chair 7.5 The members shall elect a Chair from among themselves. When the Chair is absent through illness or otherwise, the Committee may appoint another member as "Acting Chair". Quorum 7.6 A simple majority of the members constitutes a quorum for transacting the Committee's business. Secretary 7.7 The Corporation shall provide a secretary for the Committee Duty of Secretary 7.8 The secretary shall keep on file the records of all official business of the Committee, including records of all applications and minutes of all decisions respecting those applications, and the Municipal Act, 2001, applies with necessary modifications to the minutes and records. Rules of Procedure and Oaths 7.9 The Committee may adopt its own rules of procedure and any member may administer oaths. Where Committee Required to Give Notice 7.10 The Committee shall give notice or direct that notice be given of the hearing of an appeal to such persons as the Committee considers available. 8.0 ENFORCEMENT 8.1 This by-law shall be enforced by the Chief Building Official and the Municipal Law Enforcement Officer. 8.2 If upon inspection of a property, the Property Standards Officer is satisfied that there is non-conformity with the standards in this by-law to such extent as to pose an immediate danger to the health or safety of any person, the Officer may make an Order containing particulars of the non-conformity and requiring immediate remdial repairs or clearing of all buildings, structures or debris from the site, leaving the site in a graded and levelled condition to terminate the danger. 8.3 Without limiting the powers or duties provided for in the Building Code, a Property Standards Officer is hereby authorized to give immediate effect to any order that is confirmed or modified as final and binding under section 15.3 (7) of the Building Code Act, 1992, S.O. 1992, c. 23, as amended, so as to provide for: (i) repair of the property; or (ii) clearing of all buildings, structures or debris from the site and the leaving of the site in a graded and levelled condition, where the cost of doing the work does not exceed $50,000.00. 8.4 Where the cost of completing the work as referred to above exceeds $50,000.00, the Property Standards Officer shall seek the authorization from Council to carry out the requirements of the order. 8.5 Upon completion of the work, the Corporation shall have a lien on the land for the amount spent on repair or demolition, plus an amount equivalent to 25% of the amount spent as a reasonable approximation of the Municipality's administrative costs of the repair or demolition. The total amount shall be deemed to be municipal real property taxes and may be added by the clerk of the Corporation to the collector's roll and collected in the same manner and with the same priorities as municipal real property taxes. 8.6 A person who fails to comply with a property standards order which is final and binding, any other order, a direction or a requirement made under this by-law is guilty of an offence and upon conviction shall be liable to a fine of not more than $50,000.00 for a first offence and to a fine of not more than $100,000.00 for any subsequent offence. If a corporation is convicted of failing to comply with a property standards order which is final and binding, any other order, a direction or a requirement made under this by-law, the maximum penalty that may be imposed on the corporation is $100,000.00 for a first offence and $200,000.00 for any subsequent offence. 9.0 STANDARDS 9.1 The standards for the maintenance and occupancy of property set out in this by-law are prescribed and adopted as the minimum standards for all property in the Municipality of Bayham. 10.0 CERTIFICATE OF COMPLIANCE 10.1 Following the inspection of a property or upon the request of the owner, the Property Standards Officer may issue to the owner a certificate of compliance if, in the Property Standards Officer's opinion, the property is in compliance with the standards set out in this by-law. 11.0 COMPLIANCE 11.1 All owners or occupants of property shall comply with the standards prescribed in this by-law and any Property Standards Order as confirmed or modified. 11.2 All property within the municipality that does not conform with the standards contained in this by-law shall be repaired and maintained to conform with the standards or the site may be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition. 11.3 All repairs and maintenance of property shall be carried out with suitable and sufficient materials in a manner acceptable to the Property Standards Officer and in a good and workmanlike manner for the trades concerned. 11.4 All new construction or repairs shall conform to the Building Code and any other applicable legislation. 12.0 VALIDITY AND SEVERABILITY 12.1 If a court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the by-law, and it is hereby declared that the remainder of the by-law shall be valid and shall remain in force. 12.2 Where a provision of this by-law conflicts with the provision of another by-law in force within the municipality, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail. 13.0 FEES 13.1 A fee shall be payable to the Municipality at the time of filing an Appeal to the Property Standards Committee and/or prior to the issuance of a Certificate of Compliance where it is issued at the request of the owner. These fees shall be as set out in the Municipality of Bayham Fees By-Law. 14.0 REPEAL AND TRANSITION 14.1 Except as provided by Section 14.2 hereof, the Corporation of the Municipality of Bayham By-Law Nos. 2002-009, 2002-10, 2002-087, 2004-017, 2004-092, 2012-077 is hereby repealed. 14.2 Notwithstanding Section 14.1 hereof, the provisions of the by-law, as amended, shall continue to apply to any properties in respect of which an Order has been given under the said by-law until such Order has been completed or any enforcement proceeding in respect of such an Order has been concluded. 15.0 EFFECTIVE DATE 15.1 This by-law shall come into force on the day of the final passing thereof. READ A FIRST, SECOND AND THIRD TIME this 15th day of MARCH, 2018. Mayor Clerk MUNICIPALITY OF BAYHAM By-law No. 2018-037 LOT MAINTENANCE BY-LAW TABLE OF CONTENTS SECTION DESCRIPTION PAGE 1.0 SHORT TITLE 3 2.0 DEFINITIONS 3 3.0 SCOPE 6 4.0 GENERAL PROHIBITION 6 5.0 LOT MAINTENANCE REGULATIONS, STANDARDS, 6 AND/OR PROHIBITIONS 6.0 SPECIAL PROVISIONS — LANDSCAPING 9 7.0 SPECIAL PROVISIONS — NATURAL GARDENS 9 8.0 SPECIAL PROVISIONS — LOT GRADING AND 10 DRAINAGE / FILL PLACEMENT 9.0 SPECIAL PROVISIONS — OUTDOOR STORAGE 10 10.0 SPECIAL PROVISIONS — FENCES / FENCING 11 11.0 ADMINISTRATION AND ENFORCEMENT 11 12.0 NOTICE OF VIOLATION 12 13.0 OFFENCE AND PENALTY 13 14.0 SEVERABILITY 14 15.0 EFFECTIVE DATE 15 MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-037 Being a By-law to Provide for the Maintenance of Land in a Clean and Clear Condition WHEREAS section 127(a) of the Municipal Act, S.O. 2001, c. 25, as amended, (hereinafter "Act") authorizes a local municipality to pass by-laws respecting the cleaning and clearing of lands, not including buildings, and to require the owner or occupant of such land to clean and clear that land, not including buildings, or to clear refuse or debris from such lands; AND WHEREAS section 127(b) of the said Act authorizes a local municipality to regulate when and how the matters referred to in the previous section 127(a) shall be done; AND WHEREAS section 127(c) of the said Act provides this policy may prohibit the depositing of refuse or debris on land without the consent of the owner or occupant of such land; AND WHEREAS section 127(d) of the said Act authorizes a local municipality to define "refuse" for the purposes aforesaid; AND WHEREAS section 131 of the said Act authorizes a local municipality to prohibit and regulate the use of any land for the storage of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts from them for sale or other disposition; AND WHEREAS section 436 of the said Act authorizes a municipality to pass by-laws providing for entry onto lands for purposes of, among other things, inspection in relation to matters otherwise prohibited and/or regulated by by-law; AND WHEREAS section 446 of the said Act authorizes a municipality to direct or require that a matter or thing be done in default of which the municipality may enter upon land at any reasonable time to do such matter or thing at the expense of the owner and, furthermore, providing that the cost of doing such matter or thing may be recovered by the municipality by action or by adding such costs to the tax roll and collecting them in the same manner as taxes; AND WHEREAS section 425 and 429 of the said Act authorizes a municipality to pass by-laws providing that a person who contravenes a by-law of the municipality is guilty of an offence and thereafter subject to penalty; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it desirable to regulate and govern the maintenance of land in order to enhance the quality of the community and neighbourhoods, to protect the safety, health, and well-being of the public, and to ensure the continued enjoyment of property by residents and property- owners of the said Municipality. NOW THEREFORE the Council of The Corporation of the Municipality of Bayham enacts as follows: 1.0 Short Title 1.1 This By-Law shall be known as "Lot Maintenance By-Law". 2.0 Definitions 2.1 "By-Law" means this By-Law. 2.2 "By-Law Enforcement Officer" means a Municipal Enforcement Officer as appointed by Council or a police officer, including but not limited to a member of the Ontario Provincial Police. 2.3 "Commercial Solid Waste or Grease Container" means a waste or grease disposal container placed on land within the territorial limits of the Municipality for the temporary storage of waste or grease; provided that, to meet this definition, the said container shall be waterproof, leak-proof, and shall be covered at all times except when depositing waste therein or removing the contents thereof. 2.4 "Composting" shall mean the biological degradation or breakdown of organic material into soil-like material. 2.5 "Composting Container" shall mean the holding unit used to store yard, garden, or household waste for purposes of composting. 2.6 "Corporation" means The Corporation of the Municipality of Bayham. 2.7 "Council" means the elected Council of The Corporation of the Municipality of Bayham. 2.8 "Land" or "Lands" means real property, including a water lot, within the territorial limits of the Municipality and, for purposes of this By-Law includes real property constituting all or a portion of a lot lying or being appurtenant to a building or structure, whether used for residential or commercial purposes but excluding any such building or structure. 2.9 "Lot" means a parcel of land, the boundaries of which are defined in the last registered instrument by which legal or equitable title to the said parcel was lawfully and effectively conveyed. 2.10 "Maintenance" means the preservation and keeping of a property in compliance with requisite standards, prohibitions, or regulations as contained in this By-Law. 2.11 "Motor Vehicle" means any form of transportation for humans designed to be propelled or driven otherwise than by muscular power and includes but is not limited to automobiles, cars, trucks, motorcycles, motor homes, and trailers of any description. 2.12 "Municipality" means the Municipality of Bayham and includes the geographic area thereof. 2.13 "Noxious Weed" means and includes a plant designated as a noxious weed pursuant to The Weed Control Act, R.S.O. 1990, c. W.5, as amended. 2.14 "Nuisance" means any use or condition which interferes with the normal enjoyment or use of any lands, including but not limited to neighbouring land. 2.15 "Occupant" means any person or persons over the age of eighteen (18) years in possession and/or control of land or lands within the Municipality. 2.16 "Other Vehicle" means any form of transportation for humans designed to be propelled or driven otherwise than by muscular power and includes but is not limited to tractors, self-propelled construction and/or industrial equipment or implements of husbandry, motorized snow vehicles, or cars of steam, electric, or diesel railways. 2.17 "Owner" means the person or persons who owns or own any land or lands, or any lots thereof, within the Municipality and includes but is not limited to a registered or equitable owner, occupant, tenant, lessee, or mortgagee in possession. 2.18 "Person" means any individual, company, corporation or director thereof, partnership, firm, trust, sole proprietorship, government or government agency, authority, or entity, howsoever established, joint venture, syndicate, or other legal entity, and further includes all successors, assigns, or legal representatives thereof. 2.19 "Private Drain" means a sanitary private drain for the collection and transmission of sanitary sewage to the sanitary sewer and to which extraneous flows, such as storm drainage, roof water, and surface and/or ground waters are not to be intentionally admitted. 2.20 "Vessel" means any form of marine transportation for humans, commodities, or goods and designed to be propelled by any means including but not limited to internal combustion engine or engines or otherwise by steam, electric, muscular, or natural power. 2.21 "Waste Material" means any article, thing, matter, or effluent that appears to have been set aside, discarded, abandoned, or discharged, whether of any value or not, or otherwise appears to have been used up in whole or in part, or expended or worn out in whole or in part and, without limiting the generality of the foregoing, includes but is not limited to the following: 1. Garbage, refuse, debris, litter, grass clippings, tree and garden cuttings, brush, vegetative undergrowth and underbrush, dead, diseased or damaged trees or bushes or leaves therefrom, and leaves. 2. Containers, including but not limited to crockery, dishes, glassware and bottles, both plastic and/or metal. 3. Paper, cardboard, cloth, plastics, and/or synthetics. 4. Weighty or bulky materials such as machinery, stoves, refrigerators and other such appliances, furniture, furnace parts, pipes, water or fuel tanks, wooden or metal signs or pallets, or any part or parts thereof. 5. A motor vehicle or other vehicle which is not operative, a motor vehicle which is not currently licensed pursuant to the provisions of the Highway Traffic Act, S.O. 1990, c. H.8, as amended, discarded motor vehicle or other vehicle, automotive parts, vehicle parts and accessories, mechanical equipment, mechanical parts, unmounted tires, tires mounted on rims, and/or accessories or adjuncts to any such motor vehicle or other vehicle and mechanical equipment. 6. A vessel which is not operative, discarded vessel, unsound or unseaworthy vessel, vessel parts and accessories, mechanical equipment, mechanical parts, and/or accessories or adjuncts to such a vessel and/or mechanical equipment. 7. Broken concrete (other than for shore protection), asphalt payment, patio/sidewalk slabs, surplus building materials whether new or used. 8. Material resulting from or as part of construction, alteration, repair or demolition of any building or structure. 9. Rubble, inert fill, and/or fencing materials. 10. All waste of animal or vegetable origin resulting from the processing or preparation or storage or sale or consumption of food, except any material of vegetable origin placed in the composting container. 11. Any liquid containing chemicals or solids either dissolved or in suspension. 2.22 "Yard" or "Yards" means the land or lands, other than publicly-owned land or lands, around or appurtenant to the whole or any part of a residential or non-residential building or structure and used or capable of being used in connection with such land or lands. 3.0 Scope 3.1 The regulations, standards, and/or prohibition set forth in this By-Law are deemed to create minimum standards for the promotion of the health, safety, comfort, convenience, and general welfare of the Municipality and its residents and property-owners. 4.0 General Prohibition 4.1 No person, including any owner of land, shall fail to comply with any regulation, standard, or prohibition set forth in this By-Law. 5.0 Lot Maintenance Regulations, Standards, and/or Prohibitions 5.1 Every owner of land in the Municipality shall keep such land, in whole and in part and including all yards, grounds, and vacant lands, drained and cleaned and cleared of all waste material. 5.2 For purposes of clarity and in respect of the regulation set forth in section 5.1 above, the requirement for keeping land cleaned and cleared of all waste material is deemed to include removal of any noxious weed and/or grasses in excess of 15cm in height, measured from ground level at the location from which such noxious weed or grass grows, except on any slope requiring such vegetation for slope stability, the proof of which exception is borne by the owner or owners of such land. 5.3 Every owner of land in the Municipality shall fill in any excavation located on such land so owned which is not completely enclosed by an adequate barrier and/or fencing, the adequacy of which barrier or fencing is to be determined by the Chief Building Official of the Municipality or his or her designate. 5.4 For purposes of clarity and in respect of the regulation set out in section 5.3 above, the requirement for filling in an excavation does not apply to work that, in the opinion of the Chief Building Official of the Municipality or his or her designate, is actively proceeding under a construction or building permit. 5.5 No person, including any owner of land in the Municipality, shall connect or cause or permit any connection of any weeping tile, foundation drain, roof drain, or lay drain into any private drain servicing such land or lands, including any building or structure erected thereon, and, furthermore, no person, including any owner of land in the Municipality, shall discharge or cause or permit to be discharged any extraneous flow, including but not limited to groundwater, foundation well water, roof or surface water or storm drainage, into any private drain. 5.6 Every owner of land in the Municipality and serviced by a private drain shall alter or repair that private drain to disconnect any extraneous flows from or into such private drain. 5.7 Every owner of land in the Municipality shall drain lands so owned upon which surface or groundwater has accumulated to a depth which, in the opinion of the By-Law Enforcement Officer, creates an unsafe or dangerous condition. 5.8 For purposes of clarity and in respect of the regulation set forth in section 5.7 above, the requirement for draining of surface or groundwater does not apply to swimming pools lawfully constructed, installed, and maintained, storm water management facilities, water gardens, or natural bodies of water. 5.9 Every owner of land in the Municipality shall keep all hedges and trees adjacent to a public sidewalk or highway cut and trimmed so as to allow safe and unhindered passage and an unrestricted view of pedestrians and/or vehicular traffic travelling upon such sidewalk or highway. 5.10 No person, including the owner thereof, shall use or cause or permit the use of any land in the Municipality for dumping, depositing, or otherwise disposing of waste material of any kind. 5.11 No person, including any owner thereof, shall use any land in the Municipality for storage of any motor vehicle without a current license plate or any other vehicle for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or other disposal unless that use of such land in the Municipality is in strict compliance with zoning requirements enacted by the Municipality. 5.12 No person, including any owner thereof, shall use any land in the Municipality for storage of any other vehicle or vehicles or any vessel or vessels for the purpose of wrecking or dismantling such vessel or vessels or salvaging parts there from for sale or other disposition unless such use of land is in conformity with zoning requirements enacted by the Municipality. 5.13 No person, including the owner of any land in the Municipality, shall cause or permit any Commercial Solid Waste or Grease Container to overflow its normal capacity when its cover or covers are in a closed and secured position. 5.14 No person, including the owner of any land in the Municipality, shall cause or permit foul or offensive odour or odours to emanate from any Commercial Solid Waste Container or Grease Container. 5.15 Every owner of any lot fronting any municipal highway or street where an adjacent sidewalk has been constructed shall remove and/or clear away and keep removed and cleared away all snow and ice from such sidewalk on the street side nearest to such lot, such removal to be completed within twenty- four (24) hours of a snowfall. 5.16 Every owner of any lot in the Municipality which fronts upon any municipal highway or street where an adjacent sidewalk has been constructed shall remove and clear away and keep removed and cleared away all dirt, debris, and litter from the said sidewalk on the street side nearest to such lot. 5.17 No person, including any owner thereof, shall plant, maintain, or permit any tree, brush, hedge, or shrub to grow more than one (1) metre in height on a corner lot where such tree, bush, hedge, or shrub is planted within four (4) metres of the intersection of the front lot line and the exterior lot line of such lot. 5.18 Every owner of any land in the Municipality shall keep such land clean and clear of any dilapidated or collapsed buildings or structures, or parts thereof, as erected upon such land. 5.19 Every owner of any land in the Municipality shall keep a yard or pen where a dog or dogs are allowed to run in a clean and sanitary condition and, furthermore, all excrement, feces, refuse, and dropped or scattered food associated therewith shall be removed from such yard or pen by the said owner at least once every three (3) days. 5.20 Every owner of land in the Municipality shall keep such land clean and clear of any object or objects and/or condition or conditions which are or could create any health, fire, or safety hazards, including but not limited to any object or condition which could promote or encourage the infestation and/or habitation of or by rodents, insects, or other vermin. 6.0 Special Provisions — Landscaping 6.1 Without limiting the generality of any provision set forth above, 6.1.1 every owner of land in the Municipality shall keep all grass, trees, bushes, hedges, and other landscaping material in a condition so as to prevent unsightly or unreasonable undergrowth in relation and compared to the surrounding natural environment. 6.1.2 every owner of land in the municipality shall keep and take reasonable steps to keep grass, trees, bushes, hedges, and other landscaping material in a living condition. 7.0 Special Provisions — Natural Gardens 7.1 Without limiting the generality of any provision set forth above and subject to the regulations and prohibitions set forth in section 7.2 below, the owner of any land in the Municipality may grow and maintain a managed and natural landscape, including one or more species of wild flowers, shrubs, trees, herbaceous plants, ferns, and/or grasses, or any combination thereof and regardless of whether such species are native or non-native to the Municipality and/or edible or not edible (referred to as a "natural garden"), upon such land. 7.2 No owner of land in the Municipality shall plant, grow, or maintain a natural garden that: 7.2.1 contains any noxious weed; 7.2.2 in an urban area as identified or defined in section 4 of the Official Plan for the Municipality that: 7.2.2.1 fails to maintain a growth setback of two (2) metres from the nearest edge of a highway (as defined by the Highway Traffic Act, R.S.O 1990, c. H.8, as amended) within which any tree, shrub, plant, flower, fern, or grass cannot exceed 15cm in height as measured from the ground level at the location from which it grows; and/or 7.2.2.2 fails to maintain a growth setback of two (2) metres from the nearest edge of a sidewalk constructed adjacent to such land within which any tree, shrub, plant, flour, fern, or grass cannot exceed 15cm in height as measured from the ground level at the location from which it grows. 8.0 Special Provisions — Lot Grading and Drainage / Fill Placement 8.1 Without limiting the generality of any provision set forth above, every owner of land in the Municipality, 8.1.1 shall keep such land adequately drained of surface water, including suitable provision for its disposal without causing or creating erosion; 8.1.2 shall not discharge water, including but not necessarily limited to surface water, water collected from the roof of any building or water from a swimming pool, onto any driveway, entranceway, walkway, sidewalk, stair, step, or any land adjacent thereto, or any highway in such a manner so as to cause damage or create an unsafe condition; 8.1.3 shall not cause or permit roof drainage to be discharged onto the ground less than one (1.0) metre from any building constructed thereon, provided that, at the location of discharge, such water does not escape onto or adversely affect adjacent lands or otherwise cause erosion; 8.1.4 shall not cause or allow any fill piled upon such land to remain in and on the levelled state for longer than fourteen (14) days from the date of such piling, unless the land contains a construction site for which a building permit has been issued by the Municipality and is in effect; 8.1.5 shall not cause or allow any fill piled upon land to remain uncovered by sod, seed, or agricultural crops for more than thirty (30) days from the date of such piling, unless the land either: 8.1.5.1 is being actively farmed, 8.1.5.2 contains a construction site for which a building permit has been issued by the Municipality and is in effect, or, 8.1.5.3 is subdivided under a signed subdivision agreement with the Municipality. 9.0 Special Provisions — Outdoor Storage 9.1 Where outdoor storage is permitted, every owner of any land in the Municipality shall: 9.1.1 locate and maintain such storage in a safe condition, wherein all stored items and materials are packed or stacked in a neat and orderly fashion or in bins, containers, structures, or enclosures appropriate for the nature, composition, or other characteristic properties or distinctive attributes of such stored items and materials; and, 9.1.2 completely enclose such outdoor storage area with fencing at least 1.5 metres in height, which fencing shall be constructed in such a fashion to screen the view of all items and materials so stored and provided that such fenced enclosures, 9.1.2.1 shall be located at least six (6.0) metres from any highway, and, 9.1.2.2 shall be landscaped on the exterior sides thereof, save any side which adjoins any building, driveway, or parking or loading area. 10.0 Special Provisions — Fences / Fencing 10.1 Every owner of land or lands in the Municipality upon or between which a fence, fences, or fencing has been erected shall maintain such fence, fences, or fencing, 10.1.1 in general repair, free from loose or insufficiently secured, rotten, warped, or broken materials or elements; 10.1.2 in a safe and structurally sound condition, capable of sustaining safely it's own weight and any load to which it could reasonably be subjected; 10.1.3 free of dangerous objects; and, 10.1.4 reasonably plumb, unless specifically designed to be other than vertical. 11.0 Administration and Enforcement 11.1 This By-Law shall be administered by a By-Law Enforcement Officer appointed by Council and shall be enforced by either such By-Law Enforcement Officer or a police officer. 11.2 The By-Law Enforcement Officer may, from time to time, designate another person or persons or retain the services of a qualified consultant to assist in the performance of duties hereunder. 11.3 The By-Law Enforcement Officer may enter on any land at any reasonable time for the purpose of carrying out an inspection of such land, including for the purpose of determining whether or not this By-Law or any Notice of Violation issued hereunder is being complied with. 11.4 For the purpose of conducting an inspection pursuant to section 11.3 above, a power of entry may be exercised by a By-Law Enforcement Officer to carry out an inspection and the said By-Law Enforcement Officer may; 11.4.1 require the production for inspection of documents or things relevant to the inspection; 11.4.2 inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; 11.4.3 require information from any person related to a matter relevant to the inspection; 11.4.4 alone or in conjunction with any person possessing special or expert knowledge, make examinations or take tests, samples, or photographs necessary for the purposes of the inspection. 12.0 Notice of Violation 12.1 If a By-Law Enforcement Officer is satisfied that a violation or contravention of this By-Law has occurred, the said By-Law Enforcement Officer may serve written notice upon the owner of the involved land, directing that the violation be remedied within a specific period. Such notice shall contain reasonable particulars of the violation adequate to identify same and the location of the land as well as the date by which compliance must be effected. 12.2 In the event that the violation in the notice is not remedied within the aforesaid period of time, the By-Law Enforcement Officer may cause the violation to be remedied at the expense of the owner. The Municipality shall not be responsible for any damage or loss that may be sustained by the owner as a result. 12.3 Where a By-Law Enforcement Officer deems a violation of this By-law to constitute an emergency or danger to the public, the said By-Law Enforcement Officer may, without notice, cause such violation to be remedied at the expense of the owner. The Municipality shall not be responsible for any damage or loss that may be sustained by the owner as a result. Where the violation is remedied without prior notice to the owner, the By-Law Enforcement officer shall serve written notice upon the owner of the land describing the particulars of the violation so as to adequately identify same and the location of the land as well as the date upon which the remedial action was taken. 12.4 Any notice given under this By-Law may be given by regular mail or personal delivery. Delivery by regular mail shall be deemed to have been effected on the third day after posting. 12.5 The Municipality may recover its costs of remedying violation of this By-Law by invoicing the owner, by institution of court proceedings, or by adding the cost to the tax roll in the same manner as municipal taxes. The exercise of any such remedy shall not preclude the exercise of any other available remedy. 13.0 Offence and Penalty 13.1 Any person who contravenes any provision of this By-Law or a notice issued hereunder is guilty of an offence and, upon conviction, is liable to a minimum fine of $500.00 and a maximum fine of not more than $15,000.00. 13.2 A director or officer of a corporation who knowingly concurs in a violation or contravention by the corporation of any provision of or notice under this By- Law is guilty of an offence and, upon conviction, is liable to a minimum fine of $500.00 and a maximum fine of not more than $15,000.00. 13.3 If either a notice has been issued under this By-Law or any Court of competent Jurisdiction has issued an Order in respect of this By-Law and such notice or Order has not been complied with, then any ongoing contravention of such notice or Order shall be deemed to be a continuing offence for each day or part thereof that the said notice or Order is not complied with. 13.4 Any person who contravenes any provisions of this By-Law so as to constitute or commit a continuing offence shall be liable to a fine of not less than $200.00 and not more than $15,000.00 for each day or part of a day that such offence continues. The total of any such daily fines for such continuing offence shall not exceed $100,000.00. 13.5 In the event of conviction of an offence of this By-Law, the Court entering such conviction or any other Court of competent jurisdiction may, in addition to any other penalty, make an Order prohibiting the continuation or repetition of the offence by the person so convicted. 14.0 Severability 14.1 If a Court of competent jurisdiction declares any section or part of this By-Law invalid, the remainder of this By-Law shall continue in force unless the Court makes an order to the contrary. 15.0 Effective Date 15.1 This By-Law shall come into full force and take effect on the date it is passed. READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS 15th DAY OF MARCH, 2018. Paul Ens, Mayor Paul Shipway, Clerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-038 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD MARCH 15, 2018 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held March 15, 2018 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by- law. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF MARCH, 2018. MAYOR CLERK