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HomeMy WebLinkAboutJune 21, 2018 - Council - Addendum THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING ADDENDUM MUNICIPAL OFFICE Thursday, June 21, 2018 1. PHYSICAL SERVICES — EMERGENCY SERVICES 1.1 Reports to Council A. Report CAO-53/18/18 by Paul Shipway, CAO I Clerk re Engineering Services — Capital Item PW -25 2. BY-LAWS A. By-Law No. 2018-073 Being a by-law to adopt Official Plan Amendment No. 23 regarding amendments to policy and mapping changes associated in the Five Year Official Plan Review (This by-law follows the recommendation made in Report DS- 48/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of June 21, 2018) B. By-Law No. 2018-076 Being a provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Vienna Line Municipal Drain (This by-law follows the recommendation in Report DS-49/18 by Bill Knifton, Chief Building Official I Drainage Superintendent during the Public Meeting of June 21, 2018) INNYHA4 04, • REPORT o icy CAO API'ol'tunity Is. '— TO: TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: June 21, 2018 REPORT: CAO-53/18 SUBJECT: ENGINEERING SERVICES — CAPITAL ITEM PW-25 BACKGROUND On March 1, 2018 the Federation of Canadian Municipalities (FCM) advised that the Municipality of Bayham application to the Municipalities for Climate Innovation Program (MCIP) for the Port Burwell Climate Change Adaptation Infrastructure - MCIP 15484, was approved for funding for the requested amount of$778,400. This is the 5th largest grant awarded nationwide from MCIP to date. This application was made September 13, 2017. As per 2019 Capital Item PW-25 the municipal portion of the project is $201,600.00 proposed to be funded from the Capital Levy. On April 5, 2018 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-30/18 re FCM - Municipalities for Climate Innovation Program (MCIP) - Port Burwell Climate Change Adaptation Infrastructure be received for information; AND THAT staff be directed to bring forward a by-law to enter into a funding agreement with the Federation of Canadian Municipalities (FCM)— Municipalities for Climate Innovation Program (MCIP)for the Port Burwell Climate Change Adaptation Infrastructure for Council consideration; AND THAT staff be directed to carry the FCM - Municipalities for Climate Innovation Program (MCIP) - Port Burwell Climate Change Adaptation Infrastructure project as a Works-In-Progress — Federal Receivable' (WIP-Federal Receivable) until the 2019 Capital Budget is approved; AND THAT staff be directed to commence works with Meritech Engineering to issue tender for the capital works in 2018, to be approved by the 2018-2022 term of Council in December 2018. DISCUSSION Meritech Engineering has completed all Storm Sewer works for the Municipality since obtaining low bid on the 2015 Port Burwell and Vienna Storm Sewer Assessment Study. 1) Port Burwell and Vienna Storm Sewer Line Condition Report 2) Port Burwell Master Drainage Study— 2016 Environmental Assessment Report 3) Detailed Design of Phase 1A— Port Burwell Storm Sewer System 4) Construction of Phase 1A Works— Robinson St. (Brock St. to the Beach) The Port Burwell Drainage Study- 2016 Environmental Assessment Report identified phasing of works and estimated construction costs and professional fees for the same. The Municipality obtained updated costings from Meritech Engineering on July 25, 2017 and utilized said costs to make application to the FCM grant program. STAGE STREET FROM To ESTIMATED PROFESSIONAL CONSTRUCTION FEES COSTS Substage 1B Memorial Park Brock St. Beach Bio-swale No. 2 _ $726,000 $109,000 Strachan St. Brock St. Wellington As per Council direction on April 5, 2018 staff commenced work with Meritech Engineering to compile tender documents. On May 24, 2018 following a kick off meeting Meritech Engineering issued the following revised costings: STAGE STREET FROM To ESTIMATED PROFESSIONAL CONSTRUCTION FEES COSTS Substage 1B Memorial Park Brock St. Beach Bio-swale No. 2 $1,230,188 $184,528 Strachan St. Brock St. Wellington St. Staff requested a third party review of the revised costings through provision of the relevant documents to Mr. John Spriet of Spriet Associates. Mr. Spriet assessed the proposed design and costing and determined works for Spriet Associates preferred design were able to be completed based on the following: STAGE STREET FROM To ESTIMATED PROFESSIONAL CONSTRUCTION FEES COSTS Substage 1B Memorial Park Brock St. Beach Bio-swale No. 2 $1,300,500 $182,500 Strachan St. South of Brock Wellington St. St. Mr. Spriet further commented that in Spriet Associates works with other municipalities 'oil grit separators' are not required which would amend the costing as follows: STAGE STREET FROM To ESTIMATED PROFESSIONAL CONSTRUCTION FEES COSTS Substage 1B Memorial Park Brock St. Beach Bio-swale No. 2 $1,161,900 $157,035 Strachan St. South of Brock Wellington St. St. Both the Meritech Engineering and Spriet Associates proposals include the following: • trunk storm sewers • storm sewer stubs to property line • structures, catchbasins, maintenance holes • outlet structure • 9.0 meter wide road cross-section (two driving lanes, one lane of parking) • curb, gutter, and sidewalk • granulars, paving, restorations Contractor Construction Professional Fees Contingency Taxes Non-Recoverable Total Length Construction Cost/Metre Meritech Proposal $1,099,188 $184,528 $131,000 $183,913 $32,369 $1,447,085 446 $3,244.58 Spriet Proposal $1,185,500 $182,500 $115,000 $192,790 $33,931 $1,516,931 512 $2,962.76 Spriet Proposal-NOGS $1,046,900 $157,035 $115,000 $171,462 $30,177 $1,349,112 512 $2,634.98 Considering the significant variance in price from the July 25, 2017 estimates provided by Meritech Engineering to the May 24, 2018 estimates and the costs/metre variances between Spriet Associates and Meritech Engineering staff would respectfully recommend transferring responsibility of Engineering Services to Spriet Associates. Spriet Associates could subsequently complete works for Phase 1 B with Strachan Street from Pitt Street to Wellington Street as provisional works to be awarded by the 2018-2022 Council based on overall project costs. Further, on September 7, 2017 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-61/17 re Infrastructure Grant Applications be received for information; AND THAT staff be directed to make application to the Federation of Canadian Municipalities (FCM) - Municipalities for Climate Innovation Program (MCIP)for Substage 1A of the Port Burwell Storm Sewer System works; AND THAT staff be directed to make application to the Ontario Community Infrastructure Fund - Top-Up Program for Substage 1C and Substage 1D of the Port Burwell Storm Sewer System works; The Municipality of Bayham Ontario Community Infrastructure Fund - Top-Up Program application for Substage 1C and Substage 1D of the Port Burwell Storm Sewer System works is due August 28, 2018. RECOMMENDATION 1. THAT Report CAO-53/18 re Engineering Services — Capital Item PW-25 be received for information; 2. AND THAT staff be directed to end all works with Meritech Engineering effective May 24, 2018; 3. AND THAT staff be directed to commence works with Spriet Associates to issue tender for the Capital Item PW-25 capital works in 2018, to be approved by the 2018-2022 term of Council in December 2018; 4. AND THAT staff be directed to utilize the services of Spriet Associates for the purposes of the Ontario Community Infrastructure Fund - Top-Up Program for Substage 1C and Substage 1D of the Port Burwell Storm Sewer System. Respectfully Submitted by: Paul Shipway CAOICIerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-076 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE VIENNA LINE MUNICIPAL DRAIN WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Parts of Lots 4 - 6, Concessions 3, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 216111, prepared by Spriet Associates, dated May 22, 2018, which is attached hereto as Schedule "A", and forms part of this By-law. AND WHEREAS the estimated total cost of constructing the drainage work is $233,500.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No.216111, dated May 22, 2018 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith. 2.1 The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of$233,500.00 being the amount necessary for the drainage works or other tendered and awarded amount by Council. 2.2 The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) monies paid under Subsection #61(3) of the Act; and monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at the rate established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile Drainage Act as of the date of passing of this By-law. By-law No. 2018-076 - 2 - A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years after the passing of this by-law. 4. For paying the amount of$0 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $500.00 or less are payable in the first year in which the assessment is imposed. 6. This By-law comes into force on the passing thereof and may be cited as the "Fernley Municipal Drain Improvements". READ A FIRST AND SECOND TIME this 21st day of June, 2018 and provisionally adopted this 21st day of June, 2018. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED this day of . MAYOR CLERK COURT OF REVISION — MUNICIPALITY OF BAYHAM Take notice that the Court of Revision of the Corporation of the Municipality of Bayham for considering and determining of Appeals to the said Court of Revision to the Assessment of By- law#2018-076 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on July 19, 2018 at 8:00 p.m. All notices of assessment appeal by an owner shall be served on the Clerk of the Municipality AT LEAST 10 DAYS PRIOR to the first sitting of the Court. Date of mailing CLERK AMENDMENT NUMBER 23 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Municipality of Bayham General Amendment (5-Year Review) The following text and map schedule constitute Amendment Number 23 to the Official Plan of the Municipality of Bayham OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THE attached text and map schedule constituting Amendment No. 23 to the Official Plan of the Municipality of Bayham was prepared upon the recommendation of the Council of the Municipality of Bayham after evaluation of public input pursuant to the provisions of the PLANNING ACT. THIS Amendment is adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2018-073, in accordance with Section 26 of the PLANNING ACT, on the 21st day of June 2018. MAYOR CLERK BY-LAW NO. 2018-073 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 23 to the Official Plan of the Municipality of Bayham as set out in the text and map schedules attached hereto is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make application to the County of Elgin for approval of the aforementioned Amendment No. 23 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this 21st day of June 2018. MAYOR CLERK CERTIFIED that the above is a true copy of By-law No. 2018-073 as enacted and passed by the Council of the Corporation of the Municipality of Bayham. CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 23 1. PURPOSE The purpose of the Official Plan Amendment No. 23 is to implement the recommendations of the Five-Year Review of the Bayham Official Plan. Section 26 of the Planning Act requires that the Official Plan be reviewed every five years. The amendments to the Official Plan are intended to keep the Official Plan current with respect to Provincial and upper-tier (County of Elgin) policy requirements and matters of Provincial interest as well as to address community issues identified throughout the review process. 2. LOCATION OF THE AMENDMENT The proposed amendment is applicable Municipality-wide. 3. BASIS OF THE AMENDMENT The Five-Year Review of the Official Plan of the Municipality of Bayham began with Council direction to initiate a Five-Year Review in accordance with the requirements of Section 26 of the Planning Act. The background information was provided through memorandum by the planning consultant, IBI Group, dated October 13, 2016. A Public Open House was held on March 23, 2017 to present information and receive feedback on potential land use planning changes and to identify other issues that should be included in the review. Based on Council, Staff and Public input and research on Provincial and upper-tier (County of Elgin) policy changes a background report was prepared and presented to Council on November 16, 2017 and draft amendments were prepared and presented to Council on March 1, 2018. The public meeting to consider the amendments was held on June 21, 2018. 4. DETAILS OF THE AMENDMENTS Included below are the nineteen (19) text amendments, two (2) map schedule amendments and eleven (11) technical amendments identified through the Five-Year Review process. Text Amendments 1. Section 2.1 is hereby amended by adding the following new section: 2.1.11 Large Scale Supplementary Farm Dwellings Supplementary farm dwellings that exceed the approval criteria in Section 2.1.10 may be permitted for temporary accommodation of seasonal farm labour through temporary dwellings, or permanent dwellings subject to the following policies: 1. The owner shall apply for an Official Plan and Zoning By-law amendment to permit the farm dwellings subject to the following criteria: a. Consideration of all criteria and policies for supplementary farm dwellings permitted by a minor variance; b. Demonstration that alternative locations for the accommodation in existing farm dwellings on lots in the same farm operation, in temporary accommodation, in settlement areas and other similar accommodation are not feasible and not appropriate for the intended accommodation; c. Identification of the potential off-site impacts related to noise, lighting, traffic, maintenance and operation of the site on the surrounding community and the identification of appropriate mitigation measures; and d. A location in the Municipality where the site and building design shall provide appropriate accommodation for the health and safety of seasonal farm labourers. 2. Large scale supplementary farm dwellings shall be for the temporary accommodation of seasonal farm labour. The accommodation shall be located in proximity to the farm building cluster. The site and buildings shall be subject to agreements with the Municipality for the maintenance, buffering, removal of structures and improvement and limitations on the period of seasonal occupancy. The Municipality may enact licensing by-laws to ensure the health and safety of the occupants. 2. Section 2.1 is hereby amended by adding the following new section: 2.1.12 Second Dwelling Units Agriculture Second dwelling units may be permitted in the Agriculture Resource designation where a single detached dwelling is permitted. The second dwelling unit shall fulfill all the criteria for Second Dwellings Units set out in Section 4.7.1. The second dwelling occupied in the Agriculture Resource designation shall not be used for seasonal farm labour as intended in the supplementary farm dwellings policies Section 2.1.10. 3. Section 2.1.5 is hereby amended by deleting the following text: 2.1.5 Agri-Tourism Operations The Municipality supports on-farm diversification through the establishment of agri-tourism operations. Such operations are defined as agricultural, horticultural or agri-business operations used for the purpose of enjoyment, education or active involvement in the activities of the farm where the principle activity on the property remains as farming and where products used in the activity are produced on the property or related to farming. Such activities may include: farm tours; processing demonstrations; pick-your-own-produce; a hay or corn maze; petting zoo; hay rides and sleigh, buggy or carriage rides; and a farm theme playground for children. And by replacing it with the following text: 2.1.5 On-Farm Diversified Uses 2.1.5.1 The Municipality supports on-farm diversified uses through the establishment of agri- tourism, farm related home occupations, farm related home industries and uses that produce value added agricultural products. These operations include agriculture, horticultural or agri-business operations for the purpose of recreation, education, research and training or active involvement in farm activities, where the principle use on the property remains farming and where products used in the activity are produced on the property or related to farming. Such activities may include: farm tours; processing demonstrations; pick-your-own-produce; a hay or corn maze; petting zoo; hay rides and sleigh, buggy or carriage rides; a farm theme playground for children; wineries or research activities. And by adding the following subsection: f) Small scale overnight guest accommodation such as, farm vacation home, bed and breakfast or other temporary shelters to a maximum of six rooms may be permitted as temporary accommodation of guests accessory to permitted on-farm diversified uses. 4. Section 2.2.3 is hereby amended by adding the following new subsection: 2.2.3.6 Where development or site alteration is proposed in any of the Natural Heritage Resources identified in this Plan or on adjacent lands, the applicant shall complete an evaluation of the existence and\or impact of any Species at Risk. The Municipality shall provide notice of the development application to the Ministry of Natural Resources and Forestry requesting information as to the potential existence of Species at Risk. No development or site alteration shall be permitted until the applicant for the development or site alteration provides the necessary documentation and mitigation measures to protect the identified Species at Risk. 5. Section 2.3 is hereby amended by deleting the following text: 2.3.2 Implementation 2.3.2.1 The Municipality may utilize any of the following planning tools to protect, improve, or restore the water resources of the municipality: a) conditions of consent and subdivision approval and consequent agreements; b) provisions related to site plan control; and, c) standards, definitions and regulations in the Municipality's Zoning By-law. 2.3.3 Development Applications 2.3.3.1 Council shall circulate all development plans to the Long Point Region Conservation Authority, for their review and comments related to any potential impact on designated surface water features or ground water features. 2.3.3.2 Development or site alteration will not be permitted in designated vulnerable areas. 2.3.3.3 Development or site alteration will not be permitted on or adjacent to designated surface water features or ground water features where it will negatively impact the hydrological functions of the features. And by replacing it with the following text: 2.3.2 Ground and Surface Water Protection 2.3.2.1 Ground and surface water sources occur throughout the Municipality. Groundwater sources need to be protected to promote public health and as an essential resource for settlement area and rural water supplies, agricultural production and the maintenance of natural heritage features. 2.3.2.2 The Municipality shall encourage agricultural practices that protect water resources. 2.3.2.3 The Municipality shall ensure that land use planning contributes to the protection, maintenance, and enhancement of water and related resources and aquatic systems on an integrated watershed management basis. 2.3.2.4 The Municipality shall protect surface and groundwater quality through the use of regulatory and voluntary means of prohibiting, restricting, or influencing land uses and activities within vulnerable areas. 6. Section 2.3 is hereby amended by adding the following new section: 2.3.3 Sourcewater Protection Implementation 2.3.3.1 The policies of this Plan implement and complement the policies of the Source Protection Plans that apply within the Municipality. The Long Point Region Source Protection Plan contains the policies for the protection of municipal drinking water sources within the Municipality. 2.3.3.2 The identified vulnerable areas within Bayham include the Wellhead Protection Area (WHPA) surrounding the Richmond wellhead. This WHPA is identified on Schedule 'E' Richmond: Water Resources of this Plan. A WHPA is the area around a municipal wellhead where land use activities have the potential to affect the quality and quantity of water that flows into the well. 2.3.3.3 The WHPA identified on Schedule 'E' is a special protection area where certain land uses involving a significant drinking water threat activity may be prohibited or regulated in accordance with Section 57 or 58 of the Clean Water Act, 2006, and the Long Point Region Source Protection Plan, notwithstanding the uses permitted by the underlying land use designation. 2.3.3.4 The following policies are intended to prohibit or restrict significant drinking water threats from establishing within the WHPA in accordance with the Long Point Region Source Protection Plan to ensure that permitted uses can be established with an acceptable level of risk to groundwater quality and shall apply to the time related capture zones identified in Schedule E to this Plan, including: a) WHPA-A: 100 metre radius surrounding the well b) WHPA-B: 2 year travel time for water to enter the well c) WHPA-C: 5 year travel time for water to enter the well 2.3.3.5 Land use activities which may pose a drinking water threat to municipal water supplies include the following: a) The establishment, operation or maintenance of a system that collects, stores, transmits, treats or disposes of sewage. b) The application, storage and management of agricultural source material to land. c) The application handling and storage of commercial fertilizer to land. d) The application, handling and storage of pesticide to land. e) The application, storage and management of road salt. f) The use of land as livestock grazing or pasturing land, an outdoor confinement area or farm-animal yard. g) An activity that takes water from an aquifer or surface water body without returning the water to the same aquifer or surface water body. h) An activity that reduces the recharge of an aquifer. 2.3.3.6 The Municipal Risk Management Official shall determine whether a new land use or activity is, or involves, a significant drinking water threat and whether the use or activity is prohibited, or regulated through a Risk Management Plan in accordance with Long Point Region Source Protection Plan or a Prescribed Instrument. Therefore, notwithstanding the land uses permitted by the underlying land use designation in this Plan, permitted land uses that involve a significant drinking water threat within a WHPA identified in Schedule 'E' to this Plan may be either prohibited or regulated by the Long Point Region Source Protection Plan. 2.3.3.7 An application for development, redevelopment, or site alteration for any land use, except solely residential uses, within a WHPA that may involve a significant drinking water threat shall only be deemed complete under the Planning Act if the Risk Management Official has issued a Section 59 Notice in accordance with the Clean Water Act, 2006. The Risk Management Official may provide guidance to assist the Municipality in screening applications for development, redevelopment or site alteration. 7. Section 4.2 is hereby amended by adding the following new section: 4.2.5 Community Design The Municipality shall encourage development and redevelopment of lands, buildings, streets, and public spaces applying community design excellence, contributing to the quality of place for Bayham's residents. The following policies relate to the physical design of communities, including plans of subdivision, infill development proposals, and site plans. Through the development review process for all planning applications the Municipality shall: a) Ensure that new development is designed in keeping with the traditional character of Settlement Areas, in a manner that preserves the traditional image and enhances the sense of place in the Municipality; b) Promote efficient and cost-effective development buildings, landscapes and circulation design patterns that minimize land consumption; c) Promote the improvement of the physical character, appearance and safety of streetscapes, public spaces, and parks; d) Encourage tree retention and\or tree replacement on private and public lands; e) Encourage design that considers and integrates existing and traditional street patterns and neighbourhood structure; f) Encourage a high quality of architecture and site design for institutional uses such as schools, places of worship, libraries and other public service buildings; g) Encourage streetscaping that reflects the intended land use character of Settlement Areas and the specific land use designation; h) Encourage high quality of park and open space design. Land for parkland dedication shall be selected to facilitate its use as a central focal point for new or existing neighbourhoods; i) Encourage the provision of pedestrian, cycling and trail linkages through the development approvals process; and j) Encourage, at the Municipality's discretion, design guidelines with development applications, establishing how the policies of this Section have been considered and addressed. These guidelines shall be prepared by the applicant to address physical features including streetscaping, landscaping, setbacks, signage, garage placement, architectural treatment and related design matters. 8. Section 4.5.7 is hereby amended by adding the following new subsection: 4.5.7.3 Council will encourage public service facilities to be co-located in the community hubs of the Villages of Port Burwell, Straffordville and Vienna to promote cost-effectiveness, facilitate service integration and access to active transportation. 9. Section 4 is hereby amended by adding the following new section: 4.7 SECOND DWELLING UNITS 4.7.1 Second Dwelling Units Up to one (1) second residential dwelling, being a self-contained unit, with kitchen and bathroom facilities, ancillary and subordinate to the primary dwelling unit, may be permitted within a single detached dwelling, semi-detached dwelling, or street row houses. Second units may include second suites, basement apartments, or accessory apartments. The second unit shall be located in a Settlement Area and on the same lot as the primary dwelling. It shall meet the following criteria: a) The exterior building or site changes to permit the second dwelling shall generally be less than 10% floor area increase, maintaining the general form and architectural character of the building. Additional on-site parking shall be required. b) Existing private and\or municipal sewage and water services shall be available to service the second dwelling unit, to the satisfaction of the Municipality and the Elgin St. Thomas Public Health as required. c) The second dwelling shall be incidental to the primary permitted residential use, is located within the primary residential building or an ancillary structure, where the gross floor area of the second dwelling is not greater than 40% of the combined total gross floor area of both the primary and second dwelling units. 10. Section 5.1.2 is hereby amended by adding the following new subsection: 5.1.2.4 The Municipality may provide stormwater management infrastructure in the Village of Port Burwell in a manner that is viable, complies with all regulatory requirements and protects human health and the natural environment. Council shall encourage development which incorporates best management practices, including stormwater attenuation and re-use, and low impact development. 11. Section 5.1.4 is hereby amended by deleting the following text: 5.1.4.1 The hamlets of Corinth, North Hall, Richmond, Calton, and portions of Eden are serviced by individual on-site sewage services and individual on-site water services. Any growth in these areas will be limited to infill development of a size and scale that complies with the requirements of the Zoning By-law and does not threaten the environment, human health and safety. And replacing it with the following text: 5.1.4.1 The hamlets of Corinth, North Hall, Calton, and portions of Eden and Richmond are serviced by individual on-site sewage services and individual on-site water services. Any growth in these areas will be limited to infill development of a size and scale that complies with the requirements of the Zoning By-law and does not threaten the environment, human health and safety. 12. Section 5.1 is hereby amended by adding the following new section: 5.1.5 Partial Services (Water Only) 5.1.5.1 Portions of the Hamlet of Richmond have municipal water services and individual on- site sewage services (septic). 5.1.5.2 The Municipality will endeavour to extend municipal water services to partially serviced areas to allow for future multi-unit development and intensification opportunities. Such expansion will be done in a manner that is consistent with Section 5.1.2.3 of the Plan. However, nothing in this Plan shall be construed as a public commitment to extend municipal water services during the time framework of this Plan. 13. Section 6.1 is hereby amended by adding the following new section: 6.1.11 Public Road Access 6.1.11.1 The Municipality is subject to significant shoreline erosion hazards and continues to lose tableland through this process along Lake Erie. Where existing opened municipal roads are in proximity to the shoreline, there is potential loss of public access when the road becomes unsafe for public use. This loss of access may remove access to private lands causing unreasonable hardship to land owners. The following policies provide an approach to address access to these private lands and to maintain public safety. 6.1.11.2 The Municipal Engineer shall monitor and assess the Lake Erie Shoreline erosion risk where the distance from the top of bank to the public right of way is 50 m or less. Where the assessment determines that the public road or public infrastructure in proximity to the top of bank is at risk of further erosion to a distance of 25 m or less, the Municipality shall close the road to public access to ensure safety and make any public infrastructure safe for public use. Council is under no obligation to address loss of public road access to private lands created by natural erosion processes along the Lake Erie Shoreline. 6.1.11.3 Where the road is closed to public access the Municipality may undertake an assessment of the land owners affected by the road closure to determine the impact of the loss of the road for private access and the need to provide emergency services. The assessment shall include the number of properties affected and their assets; alternative methods of providing private access; the cost efficiency of the access; the desirability of replacing a public access and related land use planning matters. 6.1.11.4 Where Council deems it necessary to maintain public road access for public health and safety, Council may consider a wide range of methods to obtain and secure long term emergency access for these private lands. 6.1.11.5 Council shall notify the land owners affected by the closing of the public right of way and inform them of any assessments or report directed by Council, regarding the closing of road allowances or the creation of alternative access to their lands. 14. Section 6 is hereby amended by adding the following new section: 6.3 Climate Change The Municipality recognizes the potential impacts of climate change on the built and natural environment. Through the following policies, the Municipality and the residents of Bayham will aim to conserve energy, reduce greenhouse gas (GHG) emissions, adapt to environmental changes and encourage the development of renewable energy sources. 6.3.1 Council may prepare and adopt a Municipal Energy Plan setting out targets to conserve energy and reduce overall energy consumption in the Municipality. Where new development or redevelopment is proposed, the Municipality will encourage the owners to use energy conservation measures in the orientation, design, construction and maintenance of the buildings or property. 6.3.2 Council may prepare and adopt a Local Action Plan setting out targets to reduce GHG emissions in the Municipality. This Plan will provide direction for the development or redevelopment of land or buildings to reduce the amount of GHG emissions. It is a policy of this Plan to consider actions related to buildings, outdoor areas and public and private transportation to support the achievement of GHG emission reduction targets. 6.3.3 Council will consider the increased risk associated with climate change related to intensity and volume of rainfall, increased intensity of weather events, fluctuation in temperature, and related weather changes when approving development applications or site alterations. Public works and infrastructure will be designed and built or rebuilt to adapt to the changing climate. 6.3.4 Council will encourage energy production technologies and form as set out in Section 5.3 Energy as an approach to reduce the GHG emissions in the Municipality. 15. Section 7.1 is hereby amended by adding the following new section: 7.1.5 Brownfields Redevelopment 7.1.5.1 Brownfields Objectives a) To improve the conditions of former contaminated industrial and commercial sites in the Municipality's hamlets and villages. b) To encourage the redevelopment of existing or vacant industrial and commercial lands to residential or commercial developments. c) To improve the overall attractiveness of industrial and commercial areas in terms of aesthetics and public amenities d) To prepare and implement design schemes and marketing of former industrial and commercial lands in the municipality. 7.1.5.2 Brownfields Criteria a) Areas of industrial or former industrial uses or commercial or former commercial uses in need of rehabilitation. b) A need for improvement to or extension of municipal services including water mains, sanitary sewers, storm drains, sidewalks, cycling lanes, curbs and gutters and related public infrastructure. c) A need for aesthetic improvements or beautification which may enhance the viability of the industries or commercial businesses in the area. 7.1.5.3 Brownfields Policies a) Council may by by-law adopt incentives for the redevelopment of brownfields sites. b) Incentives may include tax incentives, reduced development fees or other provisions in accordance with the Municipal Act. 16. Section 8.5.1 is hereby amended by deleting the following text: 8.5.1.1 The Municipality encourages persons to consult with the Municipality prior to making an application to amend the Official Plan and/or Zoning By-law, and may by passing of a by-law make pre-application consultation mandatory. And replacing it with the following: 8.5.1.1 The Municipality may by by-law require a Pre-application Consultation meeting with an applicant prior to the submission of a complete land use planning application. The applications shall include any privately initiated planning application as provided for through the Planning Act. The purpose of the meeting is to identify the complete application requirements related to reports or background studies for land use planning matters to be addressed or considered through the land use planning application review process. 17. Section 8.5.1 is hereby amended by deleting the following text: 8.5.1.2 Any person who wishes to amend the Official Plan or Zoning By-law must submit a complete application to the Municipality of Bayham. A complete application shall include any reports or studies deemed appropriate by the Municipality to address the Provincial Policy Statement 2005, the policies of the Official Plan, and the regulations of the Zoning By-law. Such studies or reports may include matters relating to agriculture, natural heritage, water, or other resources identified in the Plan; transportation, servicing and infrastructure; cultural heritage and archaeological resources; hazardous lands; or other land use planning matters identified in the Plan. And by replacing it with the following text: 8.5.1.2 The Municipality may require reports and background studies needed to make timely and informed decisions on all land use planning matters in accordance with the requirements of the Planning Act. Background studies may include but are not limited to: • Land use planning and design; • Environmental and natural heritage; • Natural hazards; • Transportation; • Municipal servicing and infrastructure; • Cultural heritage; and, • Other land use planning matters arising through the pre application consultation that are of public health and safety interest. These studies will address how the land use planning application fulfills the requirements of the Provincial Policy Statement 2014 and its updates and revisions; the County of Elgin Official Plan; the Bayham Official Plan; the policies and regulations of any public agency or body having an interest in the application. 18. Section 4.5.8.7 is hereby amended by deleting the following text: 4.5.8.7 In order to acquire and develop parks and open space areas, the Municipality shall require a dedication of five percent, or cash-in-lieu, of the lands being subdivided for residential purposes and for commercial and industrial purposes, two percent in accordance with the Planning Act. The monies received from cash in lieu payments may be used to purchase park and open space areas elsewhere in the Municipality or, for any other public recreational purpose. And Section 8 is amended by adding the following new section: 8.18 Parkland Dedication In order to acquire and develop parks and open space areas, the Municipality shall require parkland dedication or cash-in-lieu of parkland dedication in accordance with the following polices: 8.18.1 A dedication of five percent of the gross area of land proposed for development or redevelopment and/or a dedication rate of one hectare per 300 units or the equivalent cash-in-lieu, of the gross area of lands being developed for residential purposes. 8.18.2 A dedication of two percent of the gross area of land proposed for development or redevelopment or the equivalent cash-in-lieu, of the gross area of lands being developed for commercial and industrial purposes. 8.18.3 Where land in a draft plan of subdivision or development or redevelopment is to be used for any use other than residential, industrial or commercial purposes, Council may require conveyance of land for park purposes or equivalent cash-in-lieu at a rate of five percent (5%) of the gross area of the land proposed for development. 8.18.4 The monies received from cash in lieu payments may be used to purchase park and open space areas elsewhere in the Municipality or, for any other public recreational purpose. 8.18.5 The Municipality may accept cash-in-lieu of the land dedication to be paid into a special account and used as specified in the Planning Act. Council will consider cash-in-lieu of parkland dedication under the following circumstances: a) where the required land dedication fails to provide an area of suitable shape, size or location for development as public parkland; b) where the required dedication of land would render the remainder of the site unsuitable or impractical for development; and/or, c) where it is preferable to have consolidated parkland of a substantial size servicing a wide area. 8.18.6 Where new development or redevelopment is proposed on a site, part of which has physical limitations or hazards, then such land shall not necessarily be acceptable as part of the land dedication under the Planning Act. All land dedicated to the Municipality shall be conveyed in a physical condition satisfactory to the Municipality, and shall meet minimum standards in terms of drainage, grading and general condition. 19. Section 8 is hereby amended by adding the following new section: 8.19 Cash-in-lieu of Parking In order to acquire and develop public parking areas, the Municipality may accept cash-in-lieu of the provision of on-site parking into a special account and used as specified in the Planning Act. The monies received from cash-in-lieu payments shall be used to purchase public parking elsewhere in the Municipality or for any other public parking purpose. Council may consider acceptance of cash-in-lieu of vehicular parking under any one of the following circumstances: a) Where the required provision of on-site parking is restricted or limited due to the available lot area, the shape, physical limitations of the land or the location of parking for the intended use; b) Where the required provision of on-site parking would render the remainder of the site unsuitable or impractical for development; and c) Where it is preferable and in the public interest to have consolidated publically accessible parking located elsewhere in the Municipality. Schedule Amendments 1. a) Schedule 'Al' Municipality of Bayham: Land Use is hereby amended by changing from "Industrial" those lands outlined and marked as changed to "Agriculture" on the attached Schedule "Al", being lands in Part Lot 20, Concession 11, which shall constitute part of this amendment. b) The lands subject to this amendment and designated "Agriculture" may be used, developed and zoned in accordance with the "Agriculture" designation policies of Section 2.1 of the Official Plan, as amended. c) Schedule 'Al' Municipality of Bayham: Land Use is hereby amended by changing from "Agriculture" those lands outlined and marked as changed to "Industrial" on the attached Schedule "Al", being a portion of lands in Part Lot 18, Concession 11 of the same area as the lands being changed to "Agriculture" noted in a) above, which shall constitute part of this amendment. d) The lands subject to this amendment and designated "Industrial" may be used, developed and zoned in accordance with the "Industrial" designation policies of Section 3.1.9 of the Official Plan, as amended. OFFICIAL PLAN OF THE MUNICIPALITY of BAYHAM From Agriculture' to"Industrial" I U'SNWESSc 0°114 From"Industrial" SCHEDULE 'Al' o sY ro"Agriculture" MUNICIPALITY OF BAYHAM: TO�ViS5Yt4FO � $• ��:� LAND USE 0, ANIM/ pt.ovum ,igogri ifoilliiik , pi .11:Mtk c"f.. 1F' Srcla=rc PaucY:> ,a.., i:. cD AREAIVR iii 4.`Y iin 1 "to _ `y. oil - I k' y oR E t. !� _ r i GT _.If`L 4, M1 IS y� I I. SPECIFIC POLICY 1 Al ' ' + , fi ~Z,I `V 1f AREA NO.d ill .1." ----''4' : I ' : . : r jr,,, , 7 IF.-.tel c,.._ -, / N ys I i ie 1 Wf ' -/ -, :.i. / e a r G� e m - % ./, id„„. fit f. i 1,7c-1: /9' f Resource Uses Agriculture r 4I4 ' ' ! r tlrve Natural Heritage t9a. m l' re---1 �_ Mineral Aggregate t;1 :Y e.=! ( y►r��,....._ �' Resource Area 1 •�• :n®' �r,. � �� r,,{�: Natural Gas Reservoir 1410' � �a rslI--- - //fs'I .rsr Non Resource Uses! a+r,;tio• • y Specific Land Use Policies • BeeAr tstate Fteslderit I e %%% I Schedule g I�TZI Mobile Home Parks Q 4.4 JJJilh. Yll ea0 'I/. :r oili Str flf `� ,� f'. f, Seasonal Travel Trailer y .'• +`Ap r� and Campgrounds i LL - i e p,/, / ,- . I--f C� Institutional 'O.! M` .•e A4 r` i �0flr, '4'21'4°/JOME Commercial I Highway Commercial a a,'/,►.e, a'4 r. r ! ♦� a'f l.;:-.4,7", r. �� !I�/,� 40'9' �mot,41:,,,,i,,,:1114. r � r� Recreational Z +�. / / J Industrial ' ,a0.5-4,4,, " g' P�' ` L',+ ,r 1j� d r. ® Gonsenratipn Lands Lceneed Pits and 4uarries +'!' _ y� g ' ,' 't 104 Specific Poli Areas {y Tih i� .'R .i' +eofrA401, d �r r 7 ` 0 Hamlets / I rKI,'$�p F �' `� *',0' S y Base Features lor , 1 / /ter it` ,d#,Or I � ��F�r� �' ;� 5r - Provincial Highway3 °WieirrAP �I'P'B1 i �,r� w Iv// } d^�{ r: - County Roads j fiA.. 7 - Local Roads 9 I {Ail Ya • I} �� Railway -,0".„,4342.7,411020,/ l�.er�'I�r' f ''',„E.441,0 �,'� 9" ( r Watercourse I Shoreline ,, ,'�� see " ,0" & i.,4 , Schedule G / `rrip Tu'NF I�l;y MM'v'ffi"""" 'Minna 7,,,,7:,.--,-F,--'-',-40 �� + b 1 f, l 444 o4" 4 '°' 'f ` :! P' ,/ 1 00 I ./ IAt' c °fo'� % e co . 0041,44,44'.440,1/ r} s4a�0A0,�r '1�� r 'j' `, �r ,e,„-p4,,,,,ate✓ 1 „A, ,, .,.,01 3 r iii i f see scpnoowa iii . Village of 4-1. ��fi_ a • Burne IK�`if I A7.r • -..1411111.11'4%Mol 114:0.40/11,0000000°)FIF P 0614.4414, N Lake Erie '� w el, E 2 s 0 1 2 4 Kilometres 1:75.000 A S Schedule'A1"forms part of Ofliclal Plan of The Municipality of Mayhem and must o be read In conjunction with the mitten teal. Arne 2018 2. The Official Plan of the Municipality of Bayham is hereby amended by adding the following Schedule `E' Richmond: Water Resources: 1..........higtr,att ei PO Gin 1111110r C 11,t q.hi,,Luvonlimpw:I/mdloPfe,FA Es1' u kJ A. .2412-u.ru.11..6 - Township of Mslahido ilp H / / (;) S 0 m 7/7 , Fs. Oiitf OI .I n 0 ift7 ■ Y '} 1hi 8 1 { ' r i . . C HI ._ rims o M Al 2 2 P. K Technical Amendments 1. The Municipality of Bayham Official Plan is hereby amended by changing the entire document from 10 font size to 11 font size. 2. Section 3.1.1.2 is hereby amended by replacing the following: • Replacing `located' with `locating' 3. Section 3.3.1 is hereby amended by revising the number of occupied existing non-farm residential dwellings: • Replacing 'ten (10)' with `nineteen (19)' 4. Section 4.4.1.4 is hereby amended by revising the following: • Replacing `communal well' with `public well', in the table for the Hamlet of Richmond 5. The following sections are hereby amended by revising reference from: `Provincial Policy Statement 2005' to `Provincial Policy Statement 2014'; or by adding `2014' to Provincial Policy Statement: • Section 1.1 — replacing '2005' with '2014', paragraph 4 • Section 1.3 o Adding `2014', paragraph 1 o Adding `2014', paragraph 3 (2 times) o Changing '2005' to '2014', paragraph 4 (2 times) • Section 2.1.7.1 — adding `2014' • Section 2.2 — replacing '2005' with `2014' • Section 2.3—adding `2014' • Section 2.3.1.1 — adding '2014' • Section 2.4—adding '2014' • Section 2.6— adding '2014' • Section 3.1.3.3 — adding '2014' • Section 3.2.1.5—adding '2014' • Section 8.1 — adding '2014' • Section 8.5.1.2 — replacing '2005' with '2014' • Section 8.14.1.1 - adding `2014' 6. The following sections are hereby amended by revising reference to Provincial Ministry and Agency names: • Sections - 2.1.3.2, 2.1.5.1 e), 3.1.5.1.1 a), 3.1.7.3, 3.1.8.3 d), 3.1.9.3 e), 3.3.3 a), 4.2.1.3, 4.5.6.4, 4.5.6.6,4.6.1.1 d) (x2), 4.6.2.1 b) (x2), 5.3.4.2 a), 7.1.4.1 j), 8.10.2.1 a)/b)/c)/d): o Replacing 'Ministry of the Environment' with 'Ministry of the Environment and Climate Change' • Sections — 1.3, 2.2.1.3, 2.2.3.2 a), 2.2.3.4, 2.3.1.5, 2.4, 2.4.2.2, 3.3.3 g), 6.1.7.4 c), 6.1.8.2 b), 6.1.8.4 (x2), 6.1.9 b), 6.1.10.1 a), 6.2.2.6, 8.2.1.2: o Replacing 'Ministry of Natural Resources' with `Ministry of Natural Resources and Forestry' • Section 2.6 - replacing `Ministry of Culture' and with `Ministry of Tourism, Culture and Sport' • Section 3.3.3 c) - replacing `Ministry of Tourism and Culture' with `Ministry of Tourism, Culture and Sport' • Sections - 8.5.1.4, 8.5.5.3, 8.7.2.6, 8.16.1.6 (2 times), 8.16.4.2 o Replacing `Ontario Municipal Board' with `Local Planning Appeals Tribunal' • Section 8.10.1.3 o Replacing `Elgin-St. Thomas Health Unit' with `Southwestern Public Health' 7. Section 1.1 is hereby amended by adding the following paragraph: "A five year review of the Official Plan was initiated in 2017 in response to changing local circumstances and development, and to address economic, environmental and social change. The review also incorporates Provincial policy changes to the Planning Act, Provincial Policy Statement 2014 and the County of Elgin Official Plan. The population of the municipality in 2016 was 7396 according to Statistics Canada. The projected population for the Municipality by the year 2038 is 9480 based on extrapolation of recent growth rates. The policies and land use designations included in this Official Plan have been prepared to guide development in the Municipality of Bayham for the ten-year period between 2018 and 2028." 8. Section 3.1.9.1 — adding Part Lot '18' to Bayham Industrial Park lands 9. Section 4.5— replacing `2009-2029' with `2018-2038' 10. Section 7 — replacing `2009-2029' with `2018-2038' 11. Map Schedule "Al" Municipality of Bayham: Land Use is hereby amended for housekeeping purposes by changing the following: a) Schedule 'Al' Municipality of Bayham: Land Use is hereby amended by changing from "Agriculture" those lands outlined and marked as changed to "Hamlet" on the attached Schedule "Al", which shall constitute part of this amendment. b) The lands subject to this amendment and designated "Hamlet" may be used, developed and zoned in accordance with the "Hamlet" designation policies of Section 4.4 of the Official Plan, as amended. OFFICIAL PLAN OF THE MUNICIPALITY of BAYHAM SCHEDULE 'Al' vv+�ss ax�Q1�Q From"Agriculture" ouT1� MUNICIPALITY OF BAYHAM: osiLer Poi to"Hamlet" -soNNI--op j` "rl AO ': LAND USE PROOPPii.' 140111k, milillw,, i. laiLlitt:\ 0I,.ii..., ,1644,... SPEC1Frc Podrey.rr ,....., r `: i�-C '' AREA7w lir - .1 impo, , 3 �>�n, p.....rc,Pocrcy 1 ? { � ` 'AREA N6,6 J _3 - 3TJf' . h 9 pg Vii' ' 7 e P 1a 11 12 ii fe ,: l III '''' i 1 � a JIe 1 "i [ , 1a 1e ,, .. Vu1'iY G �' 7Q � s { • ..r?e �.,�,�_� Ir�.�>6a.fnrw,�. 4,`. z. es �6 ,d. •�... Resource Uses {?r 110 - ORT a - Agriculture 1n r.. �, - Nrr_rre oz n Natural I ieriage '2 117 +° ° �,.p�• © Mineral Aggregate a 116 1 Le f I ,rqg C Nttvu C ^Z Resource Area .Rc Poor, d 9' 19 4. Natural Gas Reservoir r ,� `•$pR u ,,.,. . 1 ,!. I tit, it • v 1 ,a> 1si ' L '� ,jd Non Resource Uses) Specific Land Use Policies 11- ''a+rok 8a IB Estate Residential Schede 96 Ytdag + 11=1 Mobile I dome Parks -L n 51. erdrdle SSTR Seasonal Travel Trailer s ti •I• and Campgrounds 6 ,d «:. _ l i / 11 Institutional fZ ` z ''-'1.--- r 3' I s. . i ' '.. Commercial lHighway Commercial + fa d Recreational "'�'s1,As ti ,�, -c-=moi 1S(1L'Tf1 (11�!•�; y - Conservation Industrial Lands I r gll �' i; Licenced Pits and Quarries 1 • ,� ;,! x a - i W - (= Specific Policy Areas C 1, a, C d 1. x ® Hamlets S ' e ,e',1 - j -dui f Base Features ,: 16 '+,� ... 4: Provincial Highway 3 I.�+�, -_ _ `f, - - — County Roads '. rx• - r- -�. - - — LOCM ROads i_ 11 Ln 24 n - Railway �' rc 44. 2. Waterceurse 1 Shoreline 41 See II4'•'+ur. Schedule C - og• j z.. ,_- Village of "-'z,4z i r y A P Marina ----4).-11 ire•..• T l P I , I I 5 r -_IIIII ry xl c 4, SII, R 0 ;:-1 rrl ,I1 I ,, . 3 Sea Schedule �,:.71 ' ■ " s Village of riNp �' aurum -11111111` 111141 N i Lake Erie " 'F 3 ���iii111S��1 cq 9 1 2 4 1 K7cmetres S 1-75,600 ge schedule'Al'forms pard of Official Plan g of the Flunicipaiily al Bayharn and must • �.+ he mad In conjunctian eailh the um-Sten laid. June 2018