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HomeMy WebLinkAboutDecember 05, 2019 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, December 5, 2019 7:00 p.m. 7:30 p.m. — Public Meeting — Planning —Zoning — C & E Hoover 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 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held November 21, 2019 B. Committee of Adjustment held November 21, 2019 re Frank and Maria Redecop C. Statutory Planning Meeting held November 21, 2019 re Phil Mauer/ MG Leasing Inc. D. Drainage Public Meeting held November 21, 2019 re Stewart Drain No. 2 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 2019 Council Agenda December 5, 2019 10.1.1 Receive for Information A. Notice of Court of Revision re Stewart Drain No. 2 B. Notice of Committee of Adjustment Decision re F & M Redecop C. Notice of Passing of Zoning By-Law No. Z694-2019 re M & R McCord D. Notice of Intent to Remove Holding Symbol re C & E Hover E. Notice of Second Public Meeting re Municipality of Bayham Zoning By-law Review F. Notice of Public Meeting re D Bruner 10.1.2 Requiring Action A. Elgin County Decision re VanQuaethem Farms Ltd.; Joseph & Jane Haslinger application for lot addition 10.2 Reports to Council A. Report DS-77/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Zoning Amendment Application — Phil Mauer & Assoc. / M.G. Leasing Inc. Zoning By-Law No. Z696-2019 B. Report DS-78/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Site Plan Agreement By-Law No. 2019-099 — Phil Mauer/ M.G. Leasing Inc. C. Report DS-79/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Consent Application E83/19 Hermann — 1 Foot Conveyance D. Report DS-80/19 by Margaret Underhill, Deputy Clerkplanning Coordinator re Consent Application E84/19 Hermann — Lot Addition E. Report DS-81-19 by Margaret Underhill, Deputy Clerkplanning Coordinator re Consent Application E85/19 Hermann — Farm Split F. Report DS-82/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Rezoning Application — Hoover Zoning By-Law No. Z695-2019 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Town of Amherstburg re Declaration of Climate Emergency in the Town of Amherstburg B. Municipality of Bayham Notice re January 2, 2020 Council Meeting Cancellation 2 2019 Council Agenda December 5, 2019 C. Municipality of Bayham Notice re High Speed Fiber Optic Internet Connectivity — Build-Out Phase 1 D. Recycling Naughty and Nice List 11.1.2 Requiring Action A. Long Point Region Conservation Authority re 2020 Draft LPRCA Budget B. Photographers of the Otter Valley re Gallery Hanging Proposal 11.2 Reports to Council A. Report CAO-69/19 by Paul Shipway, CAOICIerk re Municipal Recycling Program — Full Producer Responsibility Transition 12. BY-LAWS A. By-Law No. 2019-085 Being a provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Chalk Drain (This by-law follows the recommendation in Report DS-62/19 by Bill Knifton, Chief Building OfficialIDrainage during the public meeting of October 17, 2019) Third and Final Reading B. By-Law No. 2019-086 Being a provisional by-law to provide for drainage works in the Municipality of Bayham, County or Elgin known as the Vienna Line Drain (This by-law follows the recommendation in Report DS-63/19 by Bill Knifton, Chief Building OfficialIDrainage Superintendent during the public meeting of October 17, 2019) Third and Final Reading C. By-Law No. 2019-098 Being a by-law to adopt a Personnel Policy Manual D. By-Law No. 2019-099 Being a by-law to authorize the execution of a site plan agreement between Phil Mauer & Assoc./M.G Leasing Inc. and The Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-78/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator during the regular meeting of December 5, 2019) E. By-Law No. Z695-2019 Being a by-law to further amend By-Law No. Z456-2003 (This by-law follows the recommendation in Report DS-82/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator during the regular meeting of December 5, 2019) F. By-Law No. Z696-2019 Being a by-law to further amend By-Law No. Z456-2003 (This by-law follows the recommendation in Report DS-77/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator during the regular meeting of December 5, 2019) 13. UNFINISHED BUSINESS 3 2019 Council Agenda December 5, 2019 14. OTHER BUSINESS 14.1 In Camera A. Confidential Item 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 (Pilot Project) B. Confidential Item regarding a proposed or pending acquisition or disposition of land by the municipality or local board; 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 (Bayham Historical Society) 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2019-100 Being a by-law to confirm all actions of Council 16. ADJOURNMENT 4 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, November 21, 2019 7:00 p.m. 6:30 p.m. — Committee of Adjustment - Redecop 7:30 p.m. — Public Meeting — Planning —Zoning - Phil Mauer/ MG Leasing Inc. 8:00 p.m. — Public Meeting — Drainage— Stewart Drain No. 2 PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS DAN FROESE C. VALERIE DONNELL ABSENT: COUNCILLOR SUSAN CHILCOTT STAFF PRESENT: CAOICLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK\PLANNING COORDINATOR MARGARET UNDERHILL WATER I WASTEWATER ED ROLOSON CHIEF BUILDING OFFICIAL' DRAINAGE SUPERINTENDENT BILL KNIFTON 1. CALL TO ORDER Mayor Ketchabaw 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 None. 4. ANNOUNCEMENTS A. Deputy Mayor Weisler announced the tree lighting at Vienna Memorial Park Saturday, November 23, 2019 from 7:00 — 9:00 p.m. 5. DELEGATIONS A. Kimberly Earls, South Central Ontario Region Economic Development Corporation re Partner Update 2019 Moved by: Councillor Donnell Seconded by: Councillor Froese THAT the presentation from Kimberly Earls, South Central Ontario Region Economic Development Corporation re Partner Update 2019 be received for information. CARRIED 2019 Council Minutes November 21, 2019 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held November 7, 2019 B. Statutory Planning Meeting held November 7, 2019 re Mark and Rosmarie McCord C. Court of Revision held November 7, 2019 re Chalk Drain D. Court of Revision held November 7, 2019 re Vienna Line Drain Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT the minutes of the Regular Meeting held November 7, 2019, Statutory Planning Meeting re Mark and Rosmarie McCord held November 7, 2019, Court of Revision re Chalk Drain and Court of Revision re Vienna Line Drain held November 7, 2019 be received for information. 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 PS-08/19 by Ed Roloson, Manager of Capital Projects —Water/Wastewater re Capital Item No. WW-02 Wastewater Pump Replacement Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Report PS-08/19 re Capital Item No. WW-02 —Wastewater Pump Replacement be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham authorize the purchase of submersible wastewater pumps as quoted by Nevtro Sales Ltd. for a total of $375,231.17 + HST. CARRIED 2 2019 Council Minutes November 21, 2019 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Proposed Zoning By-law Amendment Phil Mauer/ MG Leasing Inc. B. Notice of Public Meeting re Proposed Minor Variance Frank and Maria Redecop C. Notice of Public Meeting re Proposed Drainage Works for the Stewart Drain No. 2 Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT correspondence items 10.1.1-A— 10.1.1-C be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-73/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Rezoning Application — McCord Zoning By-Law No. Z694-2019 Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report DS-73/19 regarding the McCord rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held November 7, 2019 associated with this application, there were no written submissions and no oral presentations regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Mark and Rosmarie McCord identified as 57761 Glen Erie Line being Concession 1 Part Lot 28 from Agriculture (A1) to Special Agricultural (A2) on the retained lands and from Agriculture (A1) to site-specific Rural Residential (RR-42) on the severed surplus farm dwelling portion; AND THAT Zoning By-law Z694-2019 be presented to Council for enactment. CARRIED Council recessed at 7:27 p.m. for the Public Meeting Planning and reconvened at 7:37 p.m. 3 2019 Council Minutes November 21, 2019 B. Report DS-74/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re By-Law No. 2019-095 Official Plan Amendment No. 25 Best Line Farms/Van Leeuwen Moved by: Councillor Froese Seconded by: Councillor Donnell THAT Staff Report DS-74/19 be deferred to December 19, 2019 to provide additional time for review. CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Ministry of Municipal Affairs and Housing, Minister Steve Clark re announcements made recently B. Ministry of Municipal Affairs and Housing, Assistant Deputy Minister Marcia Wallace re Municipal Modernization Program C. Deputy Minister, Small Business and Red Tape Reduction; Ministry of Economic Development, Job Creation and Trade re Job Site Challenge D. Grey Sauble Conservation Authority Board of Directors Resolution re Continuation of Programs and Services E. Region of Niagara Resolution re Proposed Cuts to Legal Aid Ontario Budget F. Township of Perry re Transforming and Modernizing the Delivery of Ontario's Building Code G. Township of Ramara re Conservation Authority Exit Clause H. Township of Stirling Rawdon re Municipal Liability and Insurance Costs I. Town of Wasaga Beach re Resolution from the Township of Springwater— Conservation Authority Levies J. Long Point Region Conservation Authority Notice of Public Information Centre No. 1 re Flood Hazard Mapping and Risk Assessment K. Long Point Region Conservation Authority Board of Directors Minutes of meeting held October 2, 2019 L. Municipality of Bayham Notice re Sale of Surplus Equipment Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler 4 2019 Council Minutes November 21, 2019 THAT correspondence items 11.1.1-A— 11.1.1-L be received for information. CARRIED 11.1.2 Requiring Action 11.2 Reports to Council A. Report CAO-61/19 by Paul Shipway, CAOICIerk re Bayham Campground Proposal Moved by: Councillor Froese Seconded by: Councillor Donnell THAT Report CAO-61/19 re Bayham Campground Proposal be received for information. CARRIED B. Report CAO-62/19 by Paul Shipway, CAOICIerk re Investing in Canada Infrastructure Program — (ICIP)— Green Infrastructure Stream Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report CAO-62/19 re Investing in Canada Infrastructure Program (ICIP) — Green Infrastructure Stream be received for information; AND THAT Council direct staff to make application to the Investing in Canada Infrastructure Program (ICIP) — Green Infrastructure Stream for Port Burwell Storm Sewer Phase 1C/D. CARRIED Council recessed for the Public Meeting Drainage at 8:00 p.m. and reconvened at 8:05 p.m. C. Report CAO-63/19 by Paul Shipway, CAOICIerk re RFP 19-01 Insurance & Risk Management Services Moved by: Councillor Froese Seconded by: Councillor Donnell THAT Report CAO-63/19 re RFP 19-01 Insurance & Risk Management Services be received for information; AND THAT the 2020 Municipal Insurance Program be obtained from JLT Canada. CARRIED D. Report CAO-64/19 by Paul Shipway, CAOICIerk re RFT 19-05 Four (4) New Half-Ton Four Wheel Drive Pickup Trucks Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese 5 2019 Council Minutes November 21, 2019 THAT Report CAO-64/19 re RFT 19-05 Four (4) New Half-Ton Four Wheel Drive Pickup Trucks be received for information; AND THAT Council approve the procurement of Four (4) New Half-Ton Four Wheel Drive Pickup Trucks from Grogan Ford Lincoln Inc., as per RFT 19-05, in the total amount of $138,841+HST. CARRIED E. Report CAO-65/19 by Paul Shipway, CAOICIerk re RFT 19-06 One (1) New Two-Ton Four Wheel Drive Diesel Pickup Truck Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Report CAO-65/19 re RFT 19-06 One (1) New Two-Ton Four Wheel Drive Diesel Pickup Truck be received for information; AND THAT Council approve the procurement of One (1) New Two-Ton Four Wheel Drive Diesel Pickup Truck from Grogan Ford Lincoln Inc., as per RFT 19-06, in the total amount of$57,745+HST. CARRIED F. Report CAO-66/19 by Paul Shipway, CAOICIerk re RFT 19-07 Supply & Placement of Granular Material Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report CAO-66/19 re RFT 19-07 Supply and Placement of Granular Materials be received for information; AND THAT Council direct staff to bring forward a by-law to authorize an agreement for the supply and placement of granular materials from Johnston Brothers Ltd., as per RFT 19-07, in the total amount of$197,823.66+HST. CARRIED G. Report CAO-67/19 by Paul Shipway, CAOICIerk re Developable Lands Review Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Report CAO-67/19 re Developable Lands Review be received for information; AND THAT staff be directed to provide a Developable Lands Report to SCOR and Elgin County Economic Development Department to assist with communicating the Municipality of Bayham developable land inventory to the development community. CARRIED 6 2019 Council Minutes November 21, 2019 12. BY-LAWS A. By-Law No. 2019-093 Being a provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Stewart Drain No. 2 (This by- law follows the recommendation in Report DS-71/19 by Bill Knifton, Chief Building OfficiallDrainage Superintendent during the public meeting of November 21, 2019) First and Second Reading Only B. By-Law No. 2019-094 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Johnston Bros. (Bothwell) Ltd. (This by-law follows the recommendation in Report CAO-66/19 by Paul Shipway, CAOICIerk during the regular meeting of November 21, 2019) C. By-Law 2019-095 Being a by-law to adopt Official Plan Amendment No. 25 (This by-law follows the recommendation in Report DS-74/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator during the regular meeting of November 21, 2019) D. By-Law Z694-2019 Being a by-law to further amend By-Law No. Z456-2003 (This by-law follows the recommendation in Report DS-73/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator during the regular meeting of November 21, 2019) Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT By-Law No. 2019-093 be read a first and second time only; AND THAT By-Law No. 2019-095 be deferred until December 19, 2019; AND THAT By-Law No. 2019-094 and Z694-2019 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS A. Straffordville Community Rink Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Council approve the placement of the Outdoor Skating Rink at the Straffordville Concrete Pad Surface for the 2019— 2020 winter season; AND THAT Council approves the Fire Department providing water for the initial flooding of the rink. CARRIED 7 2019 Council Minutes November 21, 2019 B. Meeting scheduled for January 2, 2020. Council discussed and provided direction to cancel the meeting scheduled for January 2, 2020. 14.1 In Camera Moved by: Councillor Froese Seconded by: Councillor Donnell THAT the Council do now rise to enter into an "In Camera" Session at 8:34 p.m. to discuss: • a proposed or pending acquisition or disposition of land by the municipality or local board; • 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; • labour relations or employee negotiations. CARRIED A. Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board; 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 (Bayham Historical Society) B. Confidential Report regarding labour relations or employee negotiations (Human Resources) 14.2 Out of Camera Moved by: Councillor Donnell Seconded by: Councillor Froese THAT the Council do now rise from the "In Camera" session at 9:33 p.m. with nothing to report. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2019-096 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Confirming By-Law No. 2019-096 be read a first, second and third time and finally passed CARRIED 8 2019 Council Minutes November 21, 2019 16. ADJOURNMENT Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the Council meeting be adjourned at 9:34 p.m. CARRIED MAYOR CLERK 9 COMMITTEE OF ADJUSTMENT MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, November 21, 2019 6:30 p.m. Frank and Maria Redecop COMMITTEE MEMBERS PRESENT: ED KETCHABAW RAINEY WEISLER DAN FROESE C. VALERIE DONNELL ABSENT: SUSAN CHILCOTT STAFF PRESENT: CAOICLERK PAUL SHIPWAY SECRETARY/TREASURER MARGARET UNDERHILL SIGNED IN ATTENDEES: None 1. CALL TO ORDER Chairman Ed Ketchabaw called the meeting to order at 6:30 p.m. and asked for those in attendance for this meeting to sign in at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. APPLICATIONS A. Minor Variance Application A-08/19 Frank and Maria Redecop THE PURPOSE of the variance is to grant relief from Section 9.2 Minimum Lot Area and Section 9.10 Rear Yard Setback in the Hamlet Residential (HR) Zone; and Section 5.2 Permitted Uses to permit accessory building, of 77.1 m2 (829.9 ft2) floor area, and accessory uses for the new dwelling in the Al lands accessory to the dwelling in the HR lands, on a 0.2 ha (0.49 acres) parcel of land located at 53710 Heritage Line, north side, west of Richmond Road THE EFFECT of this variance will allow reduced lot area and rear yard setback for the new dwelling in the HR zone and permit an accessory building in the Al lands. 4. STAFF PRESENTATION A. Report DS-72/19 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Minor Variance —A-08/19 Redecop, 53710 Heritage Line Secretary/Treasurer M. Underhill presented the staff report providing an overview of the requested variances and the planning justification. 5. PRESENTATIONS BY APPLICANT/AGENT None. 6. PUBLIC SUBMISSIONS None. 2019 Committee of Adjustment Minutes November 21, 2019 Application A-08/19 Redecop 7. COMMITTEE QUESTIONS AND DISCUSSION When asked, the Secretary/Treasurer confirmed the applicant owns the entire land. 8. DECISION OF COMMITTEE (Motions) Moved by: V. Donnell Seconded by: R Weisler THAT the Committee of Adjustment Secretary-Treasurer's report DS-72/19 regarding the Redecop minor variance be received; AND THAT the Committee of Adjustment considered all written and oral submissions received on this application, the effect of which helped the committee to make an informed decision; AND WHEREAS the Committee agrees that the proposed variances as presented meet Section 45.1(1) of the Planning Act and are considered minor; THEREFORE application A-08/19 submitted by Frank and Maria Redecop, pursuant to Section 45 of the Planning Act for minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003: • Section 9.2 Minimum Lot Area - for lot area of 1056 m2 (0.26 acres) whereas 1390 m2 (0.34 acres) is the required minimum • Section 9.10 Minimum Rear Yard Depth -for rear yard depth of 3.6 m (11.8 feet) whereas 9.0 m (29.5 feet) is the required minimum • Section 5.2 Permitted Uses - to permit accessory residential use on lands in the Agricultural (A1) Zone where there is no dwelling, in the form of a shop with a floor area of 77.1 m2 (829.9 sq. ft.) CARRIED 9. ADJOURNMENT Moved by: D. Froese Seconded by: V. Donnell THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A- 08/19 be adjourned at 6:37 p.m. AND THAT in accordance with the regulations of the Planning Act, Notices of Decision be circulated by the Secretary/Treasurer accordingly. CARRIED DATE: Secretary/Treasurer Chairman THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, November 21, 2019 7:30 p.m. A. Phil Mauer/ MG Leasing Inc. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS DAN FROESE C. VALERIE DONNELL ABSENT: COUNCILLOR SUSAN CHILCOTT STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL CHIEF BUILDING OFFICIALI DRAINAGE SUPERINTENDENT BILL KNIFTON SIGNED IN ATTENDEES: Herman Sinke Rick Claessens Jessica Cain 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 7:30 p.m. and asked those in attendance for this Planning Public Meeting regarding a Zoning By-Law Amendment application by Phil Mauer/ MG Leasing Inc. 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. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Application submitted by Phil Mauer/ MG Leasing Inc. The purpose of the public meeting is to change the zoning on a 4.4 ha (11 acres) parcel of land from a site-specific Urban Industrial Zone (M4-4) and holding Hamlet Residential Zone (HR(h2)) zone to a modified site-specific Urban Industrial (M4-4) zone to permit a 1,115 m2 (12,002 ft2) building addition with reduced rear yard setback in Zoning By-law Z456-2003. The subject lands are located at 56954 Eden Line, north side, west of Plank Road. 2 2019 Planning Meeting Minutes November 21, 2019 Phil Mauer/ MG Leasing Inc. The effect of the by-law will be to allow reduced rear yard setback for a building addition for the existing business and to remove the residential zone areas for the industrial use. 5. PUBLIC PARTICIPATION Ms. Jessica Cain, owner of land northeast of the site inquired as to the building addition location and use and expressed concerns regarding noise. Mr. Herman Sinke, Agent for the applicant advised the addition is north of the existing building away from Eden Line. Mr. Sinke advised the intent is for expansion of operations as well as storage and the existing berm that separates the business from residences along Eden Line is to be maintained. Ms. Jessica Cain commented that there is no a berm on the Plank Road side but placing one there may help to alleviate noise concerns. 6. CORRESPONDENCE Deputy ClerklPlanning Coordinator, M. Underhill advised a letter was received from the owner of 56982 Eden Line expressing concerns of tree removal and potential removal of the berm behind their property resulting in increased noise concerns and also a verbal concern of noise was received from an abutting property owner. 7. OTHER BUSINESS None 8. ADJOURNMENT Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the Zoning By-law be considered at the meeting scheduled for December 5, 2019; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application Phil Mauer/ MG Leasing is now complete at 7:37 p.m. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM DRAINAGE PUBLIC MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, November 21, 2019 8:00 p.m. Stewart Drain No. 2 PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE ABSENT SUSAN CHILCOTT STAFF PRESENT: CAOICLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERKIPLANNING COORDINATOR MARGARET UNDERHILL CHIEF BUILDING OFFICIAL' DRAINAGE SUPERINTENDENT BILL KNIFTON SIGNED IN ATTENDEES: None 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 8:00 p.m. and asked those in attendance for the Public Meeting regarding the Stewart Drain No. 2 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 A. Stewart Drain No. 2 Public Meeting Notice Pursuant to Chapter D. 17, Section 41 of the Drainage Act the purpose of the public meeting is to consider Engineer's Report#218291 dated November 1, 2019 as prepared by Spriet Associates and filed with the Clerk at the Bayham Municipal Office on November 4, 2019 regarding the proposed construction of the Stewart Drain No. 2 serving parts of Lots 20 and 21, Concessions 8 and 9, Municipality of Bayham 4. STAFF PRESENTATION A. Report DS-71/19 by Bill Knifton, Chief Building OfficialiDrainage Superintendent re Stewart Drain No. 2 2 2019 Public Meeting Minutes Stewart Drain No. 2 November 21, 2019 5. ENGINEERS REMARKS Chief Building OfficiallDrainage Superintendent provided an overview of the design of the drain. 6. PUBLIC PARTICIPATION None. 7. CORRESPONDENCE None. 8. DISPOSITION Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT in accordance with Sections 44 to 46 of the Drainage Act, Council of the Corporation of the Municipality of Bayham hereby adopts Spriet Associates report #218291 dated November 1, 2019, referred to as the "Stewart Drain No.2" report; AND THAT Provisional By-law#2019-093 be given first and second reading; AND THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice of the time and place of the first sitting of the Court of Revision to the affected parties pursuant to Section 46 (2) of the Drainage Act; AND THAT a date of December 19, 2019 at 8:00 p.m. be set for the first sitting of the Court of Revision. CARRIED 9. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Donnell THAT Pursuant to the Drainage Act requirements the Public Meeting is now complete and the Provisional By-law will be considered during the regular meeting. CARRIED MAYOR CLERK INXICHAA,/ iripo `''`tie F k. pPr otunity Is..4ov The Corporation of the Municipality of Bayham NOTICE OF COURT OF REVISION CONCERNING THE STEWART DRAIN No. 2 IN THE MUNICIPALITY OF BAYHAM NOTICE TO AFFECTED PROPERTY OWNERS Drainage Act R.S.O. 1990, Chapter D.17, Section 46 TAKE NOTICE that in accordance with Chap. D.17, Section 46 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham, on Thursday, November 21, 2019 adopted Report No. 218291, dated November 1, 2019 as prepared by Spriet Associates in regard to drainage works for the construction of the Stewart Drain No. 2 serving Parts of Lots 20 and 21, Concessions 8 and 9 in the Municipality of Bayham. FURTHER to Chap. D. 17, Section 46 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham, on Thursday, November 21, 2019 gave first and second reading to Provisional By- law #2019-093, a copy of which is enclosed, to adopt the drainage works included in the aforementioned Report and to authorize the Municipality to borrow, if required, the monies necessary to carry out the works therein and to levy upon the affected lands and roads their respective apportionment of the cost of the works. TAKE NOTICE that further to Section 46 of the DRAINAGE ACT, a Court of Revision will be held in the Council Chambers of the Bayham Municipal Office, 56169 Heritage Line, Straffordville, on Thursday, December 19, 2019 at 8:00 p.m., to provide an opportunity for any person or body entitled to receive notice, to appeal their assessment. An owner may appeal the owner's assessment to the Court of Revision by a notice given to the Clerk of the Municipality not later than 12:00 p.m. (noon) Monday, December 9, 2019 which is ten (10) days prior to the first sitting of the Court of Revision. ADDITIONAL INFORMATION relating to this Notice or 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 22nd day of November, 2019. / //// Pau Ship CAOICIerk X01-1. ._ DECISION COMMITTEE OF ADJUSTMENT MUNICIPALITY OF BAYHAM o i 0 56169 Heritage Line,P.O.Box 160,Straffordville,Ontario,NOJ 1Y0 ,0 f'"4"-"42111 10" Telephone: 519-866-5521 Fax: 519-866-3884 Application No. A-08/19 Applicant: Frank and Maria Redecop Lot: Concession NTR Pt Lot 111 Plan 22 Pt Lots 26&27 Unnumbered Lots 11 R9739 Pt 2 Roll Numbers: 34-01-000-007-05204 Street Address: 53710 Heritage Line,Richmond Date of Hearing: November 21,2019 Date of Decision: November 21,2019 RECOMMENDATION THAT the Committee of Adjustment Secretary-Treasurer's report DS-72/19 regarding the Redecop minor variance be received; AND THAT the Committee of Adjustment considered all written and oral submissions received on this application,the effect of which helped the committee to make an informed decision; AND WHEREAS the Committee agrees that the proposed variances as presented meet Section 45.1(1)of the Planning Act and are considered minor; THEREFORE application A-08/19 submitted by Frank and Maria Redecop,pursuant to Section 45 of the Planning Act for minor variance,is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003: O Section 9.2 Minimum Lot Area-for lot area of 1056 m2(0.26 acres)whereas 1390 m2(0.34 acres)is the required minimum a Section 9.10 Minimum Rear Yard Depth-for rear yard depth of 3.6 m(11.8 feet)whereas 9.0 m(29.5 feet)is the required minimum 9 Section 5.2 Permitted Uses-to permit accessory residential use on lands in the Agricultural(A1)Zone where there is no dwelling,in the form of a shop with a floor area of 77.1 m2(829.9 sq.ft.) Decision: GRANTED Reasons for the Decision: *the variance is considered to be minor in nature in accordance with the requirements of the Planning Act *the variance application meets the"four tests"of Section 45.(1)Planning Act •the variances maintain the general intent and purpose of the Official Plan and Zoning By-law Concur in the Decision: Ed Ketchabaw ���.� -f Rainey Weisler A. i i (ii' i ` l i�:rte ., C. Valerie Donnell < "��;.z '%";�,3,D.. � Dan Froese - �J Susan Chilcott /A1'?. J'' ?- NOTICE OF LAST DATE OF APPEAL TAKE NOTICE that any person or agency may appeal to the Local Planning Appeal Tribunal in respect of the By- law variance within 20-days of the Notice of Decision by filing with the undersigned, not later than the 11th day of December 2019, a notice of appeal setting out the objection to the Decision and the reasons in support of the objections. It is also necessary to submit a filing fee of$300.00 with the notice of objection. Dated at-the Mi ioipality ofBayharn.this 21St day of November 2019. t /_✓ ( , -/ 'Margaret'Uriderhill, SecretaryjTreasurer Committee of Adjustment eti " PLANNING ACT a • NOTICE OF THE PASSING OF Ap`frt"°'ty s�x�° ZONING BY-LAW Z694-2019 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: M & R MCCORD TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z694-2019 on the 21st day of November 2019 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Local Planning Appeal Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 12th day of December, 2019 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is to change the zoning regulations on the 38.5 ha (95.3 acres) retained lot from an Agricultural (Al) zone to a Special Agricultural (A2) zone; and to change the 0.47 ha (1.1 acres) of severed lands from an Agricultural (A1) zone to a site-specific Rural Residential (RR-42)Zone in Zoning By-law Z456-2003. The new residential lot is created surplus to a consolidated farm operation. The lands are located on the south side of Glen Erie Line on the west side of Elgin County Road 55, known as 57761 Glen Erie Line. THE EFFECT of this By-law will fulfil two conditions of Consent Application E30/19 granted June 12, 2019. Firstly, to recognize residential use and to prohibit the keeping of livestock in the accessory building (barn) for the severed lands; and, secondly, to change the retained lands in order to prohibit new residential dwellings. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Local Planning Appeal Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Local Planning Appeal Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection in the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 22nd DAY OF NOVEMBER 2019. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill N Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill(a�bayham.on.ca W: www.bayham.on.ca SUBJECT LANDS 411.8.441.44j • NOTE: The fee for filing an objection or appeal of a Zoning By-law to the Local Planning Appeal Tribunal is presently set at$300.00 by the Province of Ontario. ALIO A 4P111.6" '" NOTICE OF INTENT TO PASS AN AMENDING BY-LAW TO REMOVE A 0416.41.-f(i HOLDING SYMBOL �pOrtunity IsY° IN THE MUNICIPALITY OF BAYHAM APPLICANT: C. AND E. HOOVER TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a meeting on Thursday December 5th, 2019 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line in 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 Local Planning Appeal Tribunal of a decision by Council not to remove the holding symbol, or where Council fails to make a decision within 150 days after the application was submitted. THE PURPOSE of the amendment is to remove the Holding (h2/h3) provisions on 1.3 ha (3.2 acres) of land on a 4.2 ha (10.4 acres) parcel located on Part Lot 112, Concession NTR, Part 10 11R7329, on the north side of Hoover Valley Road, east of Richmond Road, in the hamlet of Richmond, from the holding Hamlet Residential (HR(h2/h3)) Zone to the Hamlet Residential (HR) Zone, in the Zoning By-law of the Municipality of Bayham No. Z456-2003. The remainder (rear) of the lands are zoned Agricultural (A1). THE EFFECT of this By-law will be to permit a new single detached dwelling on the lands where the lands are not suitable for the creation of additional lots by Plan of Subdivision. The complete By-law is available for inspection at the Municipal office during regular office hours. DATED at the Municipality of Bayham this 22th day of November 2019. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy ClerkiPlanning Coordinator Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext 222 r D F: 519-866-3884 SUBJECT LAN E: munderhillbayham.on.ca W: www.bayham.on.ca lwA4111 Hamlet of Richmond Zoning By-law Review �►,p YHA NOTICE OF SECOND PUBLIC , ce MEETING CONCERNING A ' W ZONING BY-LAW REVIEW 4( �y IN THE MUNICIPALITY OF BAYHAM PpOrtunity Is' • TAKE NOTICE that the Municipality of Bayham is considering a comprehensive amendment to Zoning By-law No. Z456-2003 to recognize recent updates made to the Official Plan. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a second public meeting at 7:30 p.m. on Thursday December 19, 2019 in the Municipal Council Chambers, 56169 Heritage Line, in Straffordville to consider the Zoning By-Law Review under Section 34 and in accordance with Section 26(9) of the PLANNING ACT. THE PURPOSE of the amendment is to ensure the Zoning By-law of the Municipality of Bayham is up-to-date and is consistent with the Official Plan in accordance with Section 26 (9) of the Planning Act. The Draft Zoning By-law Amendment is available on the Municipality of Bayham website, at www.bayham.on.ca, for review. The review process includes a review, consolidation and update of the Zoning By-law. Generally, the amendment will address recent updates to the Official Plan as well as other housekeeping items which will affect regulations in the Municipality. No key map is provided as the proposed amendment applies to the entire Municipality. THE EFFECT of this amendment will be an updated Zoning By-law document, which will allow Municipal Council to implement the goals and objectives outlined in the Official Plan. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Local Planning Appeal Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. DATED at the Municipality of Bayham this 25th day of November 2019. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext. 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca g,SYH NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT Ailks , IN THE MUNICIPALITY OF BAYHAM OpPOttunity 15-0w APPLICANT: DENNIS J. BRUNER, PART LOT 26, CONCESSION 1, PLAN 11R-10026 TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, December 19, 2019 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to change the zoning on a 29 ha (71.8 acres) parcel of land from an Agriculture (A1) zone to a site-specific Agriculture (A1-XX) zone to permit cannabis cultivation and cannabis cultivation, outdoor use for a federally licensed indoor (greenhouses) and outdoor cultivation of cannabis operation as a permitted use in Zoning By-law Z456-2003. The subject lands are located at Part Lot 26, Concession 1, Plan 11R-10026, Godby Rd., east side, south of Glen Erie Line. THE EFFECT of this By-law will be to allow cannabis cultivation and cannabis cultivation, outdoor use as permitted use for the cultivation and harvesting of cannabis, but does not permit cannabis processing use. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Local Planning Appeal Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 28th day of November 2019. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator t Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill(a,bayham.on.ca W: www.bayham.on.ca SUBJECT LANDS JENKINS & GILVESY LAW FIRM o/b Lisa C.Gilvesy Professional Corporation THOMAS D. MORRIS, B.S.A., LL.B. (1925-1991) MAILING ADDRESS: P.O. BOX 280 GEORGE D.L. JENKINS, B.A., LL.B. TILLSONBURG, ONTARIO N4G 4H5 LISA C. GILVESY, B.A. (Hons.) LL.B. COURIER ADDRESS: 107 BROADWAY ST. MEGAN E.WHELAN, B.A. (Hons.), J.D. TILLSONBURG, ONTARIO N4G 3P5 E-mail: george@jenkins-gilvesy.com TELEPHONE (519) 842-9017 lisa@jenkins-gilvesy.com FAX (519) 842-3394 megan@jenkins-gilvesy.com September 27,2019 Our File No. 19719 Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, Ontario NOJ 1Y0 Dear Ms. Underhill: RE: ELGIN COUNTY APPLICATION#E21/19 VANQUAETHEM FARMS LTD.; JOSEPH AND JANE HASLINGER As discussed,we are acting on behalf of the parties in connection with the above-noted application for a lot addition(boundary adjustment). The Elgin County Land Division Committee granted the consent on May 9th,2019. A copy of the Decision is enclosed for your reference. We are also enclosing a copy of the applicant's letter dated March 5, 2019, which sets out the reasons for the boundary adjustment, as well as the sketch submitted with the application. One of the conditions is that we have to provide"satisfactory written evidence to the Committee, confirming that: ...b)that the description of the lands abutting to the southeast,which are to merge with the subject lands,has been reduced by satisfactory amendment since the date of its having been previously granted an unqualified Consent and as such is once again subject to Subsection 3 of Section 50 of the Planning Act, R.S.O. 1990, as amended". Traditionally, this reduction from the original severed parcel has been accomplished by a conveyance of a 1' x 1' parcel along the road allowance from the landowner to the municipality. The conveyance to a municipality does not require a Consent under the terms of Section 50 of the Planning Act. This particular application has access on Eden Line(County Road 44). This would mean that the 1' x 1' parcel would traditionally have been conveyed to the County of Elgin. We have just recently been advised that the County of Elgin Council approved their policy on the matter of"Land Severances — Unsolicited Conveyance of Lands" through a Report to County Council dated August 29,2018 and approved on September 11,2018. As you have advised, the following Recommendation was approved: "THAT it shall be the policy of the County of Elgin to not accept unsolicited lands to accommodate Land Division Consent applications that have otherwise not been previously requested or required by the County, and, THAT County Council provide formal direction to allow for this information to be shared with Land Division". I have confirmed this position with Mr. Hogan, the County solicitor. Our clients have indicated that they were unfortunately not made aware of this situation by Land Division Committee. This puts us in a situation of being able to satisfy all of the Land Division Committee's conditions, with the exception of the one set out above. We cannot amend the description of the previously severed parcel, without a transfer to a municipality or without applying for and obtaining another severance. We are seeking permission to transfer the 1' x 1' parcel to the Municipality of Bayham in order to allow this severance to be finalized. Our clients would be responsible for preparation and registration of the required Reference Plan,as well as preparation and registration of the Transfer. We ask that our request be put forward to the Council for the Municipality of Bayham for their consideration. Thank you in advance. Yours truly, JENKINS &GILVESY Per: Lisa C. ilvesy :lcg 7r15-16.-- 7.o. Application #E 21/19 May 9, 2019 DECISION In the matter of an application for a consent pursuant to Section 53 (1) of the Planning Act, R.S.O. 1990, as amended, as it affects the following property: PART LOT 18, CONCESSION 9, MUNICIPALITY OF BAYHAM of a severance of a portion of the above-mentioned premises as shown on a sketch attached to the application of an irregular shaped parcel of land with a frontage of 10.06 metres along Eden Line, a rear width of 86.05 metres, by a depth of 60.042 metres (west lot line) to 5.46 metres (east lot line), Area 767.9 square metres, to add to the adjoining residential lot to the southeast. The owners are retaining 40.4 hectares (99.78 acres), proposed to remain in agricultural use. Consent requested by: VANQUAETHEM FARMS LTD. Consent granted to: JOSEPH AND JANE HASLINGER DECISION: GRANTED - The Elgin County Land Division Committee considered all written and oral submissions received on this application, the effect of which helped the committee to make an informed decision. Conditions: This Decision will expire unless a deed is presented for stamping by: May, 9, 2020. Providing that the requirements of the County of Elgin Engineers Office (Land for road widening is required, Section 51 (25) of the Planning Act— The owner dedicate lands along the frontage of the severed and retained lots/ parcels up to 15 metres from the centerline of construction of County Road #44, Eden Line, to the County of Elgin for the purposes of road widening if the right of way is not already to that width, to the satisfaction of the County Engineer with all costs to be borne by the owner) and the Municipality of Bayham (Rezoning of the severed parcel; Planning Report fee payable to the Municipality; Digital copy of final survey; Undertaking provided for the merger of the severed lands with 56280 Eden Line to create one lot) are met and written notice be received from same confirming the conditions prior to stamping the deed. Subsection 3 of Section 50 of the Planning Act, R.S.O. 1990, as amended, shall apply to any subsequent conveyance or transaction involving the subject lands. The Solicitor for the applicant is to provide satisfactory written evidence to the Committee, confirming that: a)The lands which are the subject of the application and the lands which abut to the southeast, which lands have, in the past have had the benefit of an unqualified Land Division Consent, shall merge in title and become one parcel for Planning Act purposes inclusive of any mortgagees interest; b)that the description of the lands abutting to the southeast, which are to merge with the subject lands, has been reduced by satisfactory amendment since the date of its having been previously granted a unqualified Consent and as such is once again subject to Subsection 3 of Section 50 of the Planning Act, R.S.O. 1990, as amended. The Solicitor undertakes to provide a copy of the registered consolidation of the severed and abutting lands upon registration thereof. Reasons: Boundary Adjustment. County of Elgin E^iPag 1eIjfe2 450 Sunset Drive St.Thomas,On N5R 5V1 Phone:519-631-1460 www.elgincounty.ca Progressively Nafure . O Page 2 of 2 DECISION Application #E 21/19 May 9, 2019 Members concurring in the above ruling: 4C.„ / /Lai J J i .. 111W0 / Ir 11110" Where conditions have been imposed and the applicant has not, within a period of one year from the giving of the notice of decision pursuant to subsection (17) of Section 53 of the Act, fulfilled the conditions, the application for consent shall thereupon be deemed to be refused, but where there is an appeal under subsections (19) or (27), the application for consent shall not be deemed to be refused for failure to fulfill the conditions until the expiry of a period of one year from the date of the order of the Local Planning Appeal Tribunal issued in respect of the appeal or from the date of a notice issued by the Tribunal under subsection (29) or(33). CERTIFICATION I, Susan D. Galloway, Secretary-Treasurer of the Land Division Committee of Elgin, certify that the above is a true copy of the decision of the Land Division Committee with respect to the application recorded herein. Dated this 9th day of May, 2019. 4L,gjE9J:u1 Segr:to -Treasurer Lana Division Committee March 5, 2019 To whom it may concern, Please accept our request for a boundary adjustment to our property at 56280 Eden Line, Eden, Ontario. The following reasons explain our request. The property was originally part of the family farm owned by Paul and Jose DePlancke. In 1993 the DePlancke's house was severed and the farm land was sold to Brian VanQuathem -VanQuathem Farms. Several years later the DePlancke's house was destroyed in a fire. In 2010 Frank Fehr then purchased the lot and built a new home and a detached shop. Mr. Fehr lived in the home for a year and then sold the property to Jeff and Ann VerMeersch. Jeff and Ann sold the house to us in August 2017. When we first looked at the property both Jeff and Ann and our real estate agent advised us as to where the property boundaries were. Their description made sense to us since the areas were grasslands and trees and obviously had not been farm land. Shortly after we purchased the property we had Kim Husted Surveying mark the corners of the property as we wanted to fence a portion of the yard. This is when we discovered that the grass and trees, that were being maintained by the previous owners, were actually on Brian VanQuathem's property. We have had several discussions with Brian VanQuathem and we have agreed to this boundary adjustment before you. The following reasons explain our request. 1. The southwest part of our concrete driveway is about 1 foot on Brian VanQuathem's property. 2. The hydro pole for our house is on Brian VanQuathem's property along with about 10 meters (30 feet) of the underground service to our house. 3. The well to our property is only off the property line by about 1 meter(3 feet) 4. The west side of the property has an inground sprinkler system and trees that are on the VanQuathem property. 5. The north side of the property has trees, sprinkler lines, a main water line from the well to the detached shop and a brick fire pit that are all on the VanQuathem property. The boundary adjustment that we are requesting will resolve all of the above noted issues. The boundary adjustment does not affect any agricultural land. By achieving this adjustment there will then be about 8 meters (24 feet) between the well and the property line which will insure protection for our drinking water supply. We appreciate your consideration of this matter. SE.0 Joe and Jane Haslingerc VED 519-983-4788 MAR 13 2019 COUNTYc ,lF1 yt LAND DIVISION COMMITPEE SKETCH FOR PROPOSED SEVERANCE I PART OF LOT 18, CONCESSION 9 LOT GEOGRAPHIC TOWNSHIP OF BA YHAM le, AoRmixnetAt MUNICIPALITY OF OF BA)'YAM CONCEss10N P� COUNTY OF ELGIN 1r KIM HUSTED SURVEYING LTD. ,� NOT TO SCALE a 86.057 1VA� Raz4.` "' if ,,,,, P+0� I 82.906 641")1111M4Arcf . IAIA I 1 u r N w O in 1 - 8i _ GARAGE4 N u ! .. _ . 2zsF� 1-11rro PART ! J J i 9114 J /I co s 7R� 4s' r atc71 OEOGRgp - — .- ici r .11,R PH1C y • —�_� Baer 165,081 i' 4 I 0 co cY TOWNSHIP il • i ` —__p''QR II .06. OF BA 1 LOT I&CON Louni-win CUSION 9 '-7.--- — `_ 82.906 AM Rom) LLo '`~— —EXpRO�"R1.9 r/o y A __ WANCE BETyyEE —� con ~— `_ • DENOTES HYDRO POLE COUNTY ESSIONS 8 ~LA��—D_ B5B ROAD 44 AND _ l• DENOTE GUY WIRE O EDEN � `�, _ LINE • AREA OF PARCEL "A" TO BE SEVERED • • = 767.9 SQUARE METRES 1 AREA OF PART 1 11R— 5226 KIM HUSTED SURVEYING LTD. 4703.9 SQUARE METRES ONTARIO LAND SURVEYOR r:' ` l; ' 1 30-HARVEY STREET. TILLSONBURG ONTARIO. N40 3118 N. j, PHONE:519-842-3038 FAX 819-842-339 - PROJECT: 17-13290R REFERENCE: FILE 1 1 ;:\GREGWORK\17-13290R.dwg, 2018-08-08 10:39:27 AM, HP Desk jet F4400 series l 44nlpjir44AqpN%ovv Op REPORT o , r / ,cy DEVELOPMENT SERVICES SPO tunity TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: December 5, 2019 REPORT: DS-77/19 FILE NO. C-07/ D13.MAUER Roll # 3401-000-006-11550 SUBJECT: Zoning Amendment Application — Phil Mauer &Assoc./M.G. Leasing Inc. Zoning By-law Z696-2019 BACKGROUND: Phil Mauer &Assoc./M.G. Leasing Inc. has submitted a rezoning application to rezone the property located on the north side of Eden Line, west of Plank Rd, known as 56954 Eden Line. The lands are designated "Hamlets" on Schedule "Al" Land Use of the Official Plan and currently zoned site-specific Urban Industrial (M4-4) and Hamlet Residential — Holding 2 (HRh2) on Schedule "D" Map Eden in Zoning By-law Z456-2003. A public meeting was held November 21, 2019 with the Owner's Agent and one neighbour present. As of writing this report, one additional written submission was received from the one neighbour that had attended the public meeting as a follow up comment. The purpose of this By-law is to change the zoning on a 4.4 ha (11 acres) parcel of land from a site-specific Urban Industrial Zone (M4-4) and holding Hamlet Residential Zone (HR(h2)) zone to a modified site-specific Urban Industrial (M4-4) zone to permit a 1,115 m2 (12,002 ft2) building addition with reduced rear yard setback in Zoning By-law Z456-2003. The effect of this By-law will be to allow a reduced rear yard setback for a building addition for the existing business, limit the maximum lot coverage and to remove the residential zone areas for the industrial use. DISCUSSION: At the zoning public meeting held on November 21, 2019, one neighbour at 11643 Plank Rd expressed concerns with noise and buffering. Also, one written submission was received from the neighbours at 56982 Eden Line expressing concerns with the existing "sound" berm and the potential removal resulting in increased noise. Staff Report DS-77/19 Mauer 2 Noise and buffering concerns are included in the mandatory site plan control considerations for an industrial property and not in rezoning. Council will see in the related Staff Report DS-78/19 that the site plan agreement and drawings address the neighbours' concerns. Please refer to the planner's memorandum dated November 28, 2019 for details and analysis of the zoning application and corresponding site plan application. Staff and planner support the zoning by-law amendment and recommend approval to change the zoning to obtain a consistent industrial zoning on the property, limit the maximum lot coverage and to recognize the reduced rear yard setback for a building addition. ATTACHMENTS 1. Zoning By-law Amendment Application dated October 28, 2019 2. IBI Memorandum dated November 28, 2019 3. Draft Zoning By-law Z696-2019 RECOMMENDATION THAT Staff Report DS-77/19 regarding the Zoning By-law Amendment for Phil Mauer Assoc./M.G. Leasing Inc. be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held November 21, 2019 associated with this application and following the meeting, two verbal and two written submissions were received and that all considerations regarding this matter were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning from the site-specific Urban Industrial (M4-4) and Hamlet Residential — Holding [HR(h2)] to a modified site-specific Urban Industrial (M4-4) Zone on property identified as 56954 Eden Line; AND THAT Zoning By-law Z696-2019 be presented to Council for enactment; Respectfully Submitted by: Reviewed by: / � Margaret Underhill I S ipw' Deputy ClerkiPlanning Coordinator CAOICIerk .87,01-144 MUNICIPALITY OF BAYHAM '3 �r 56169 Heritage Line P.O. Box 160 //' DECEIVE Straffordville, ON NOJ 1Y0 i'ortunity r5.„io'' Phone (519) 866-5521 — Fax (519) 866-3884 OCT 2 8 2019 APPLICATION FOR AMENDMENT TO THE ZONING BY-LMIM 'RALlOF OAYH THE MUNICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a fee of $2,000 (Zoning By-law Amendment or Temporary Use Zoning By-law) or $1500 (Temporary Use Zoning By-law Renewal) or $1500 (Zoning Amendment to Remove Holding Provision). If the application is not completed in full, the application will be returned. I/We, Phil Mauer/MG Leasing Inc. _ shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. 1 r Property Owner Property Owner FOR OFFICE USE ONLY _ DATE RECEIVED: Oc--1 � ` /� AMOUNT RECEIVED: G� cr.() DEEMED COMPLETE: NO 17///9 RECEIPT # : a 3/0 C79/ FILE NO: 0/3 • /-//;,2//t7 / DATE ADOPTED BY COUNCIL: meebi1 /1/o i0 // Raised March 2017 Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's Name(s): MG Leasing Inc. Address: 4427 Truman Line, Belmont, ON NOL 1B0 Phone No. (Home): Business: 519-866-5677 Fax: 519-866-5990 Email: phil@philmauer.com Lot and Concession (if applicable): Part of Lots 3&4 + 22,23&24, RP No.113, Concession 9 Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. WO e_ 2. Applicant / Authorized Agent: Herman Sinke of Grassmere Construction Ltd. Address: 49 North Street East, Tillsonburg, ON N4G 1B4 Phone No.: 519-842-4392 ext 234 Fax: 519-688-2470 E-mail: hsinke@grassmere.com Please specify to whom all communications should be sent: Registered Owner ( ) Applicant/Authorized Agent V) 3. Legal Description of the land for which the amendment is requested Roll // 34 v l Q( 1 C)() 1 i5b(3 000 0) Concession: 9 Lot: Part of Lots 3&4+22,23&24 Reference Plan No: Plan 11 R-5905 Part Lot: Part of Lots 3&4+22,23&24 Street and Municipal Address No.: 56954 Eden Line What is the size of property which is subject to this Application? Area: 44,486 m2 Frontage: 22.10 m Depth: varies (292.36) m When were the subject lands purchased by the current owner? _ Fr, (( UE l Municipality of Bayham Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: Pony,Lt.=TS How does the application conform to the Official Plan? 5. Existing Zoning By-law Classification: Urban lndustriaL(M4) + Hamtet ResidentiaL(HR)_(h2)_ What are the current uses of the subject lands? Industrial If known, provide the length of time these uses have continued on this property. 20 years If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimension Line Line Line Setback s Setback Setbacks Existing Industrial 150m+ 7.8m/52.0m 52m +/- 6.86m If known, provide the dates in which each of these buildings were constructed. 2000 6. What is the Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended. a) Remove Hamlet Residential zoning b) Reduce the Rear Yard Setback from 10.5m to 8.25m as per Section 23.9. Municipality of Bayham Zoning By-law Amendment Application Page 4 7. Why is the rezoning being requested? a) Removal of Hamlet Residential zoning is requested as there is a narrow strip of Hamlet Residential zoning bisect the property with Industrial M4-4 Industrial use zoning. b) Reduction in Rear Yard Setback is requested to accomodate a proposed Plant Addition. 8. Does the proposed Zoning By-law amendment implement a growth boundary Yes / No adjustment of a settlement area? No If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment? Yes / No If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be erected. Be Specific) Propsed construction of a 1 ,115 sm Plant Addition For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimensions Line Line Line Setback Setback Setbacks Plant Addition 150m+ E41 m/W61 m 8.3m 7.924m 24.38x45.72m Municipality of Bayham Zoning By-law Amendment Application Page 5 11. Services existing or proposed for the subject lands: Please indicate with a V Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) Private Drilled Well ( ,/ ( ) Private Dug Well ( ) ( ) Communal Well ( ) ( ) Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ( ) Individual Septic System ( ) ( ) Communal System ( ) ( ) Privy ( ) ( ) Other ( ) ( ) Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per day, the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? If not, where can they be found? Storm Drainage Provisions: Sheet drainage to existing Fire Pond New Dry Well Proposed Outlet: Municipality of Bayham Zoning By-law Amendment Application Page 6 12. How will the property be accessed? Provincial Highway ( ) County Road ( t/( Municipal Road — maintained all year ( ) Municipal Road — seasonally maintained ( ) Right-of-way ( ) Water ( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Consent ( ) Zoning By-law Amendment ( ) Ministers Zoning Order( ) If yes to any of the above, indicate the file number and status of the application. 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? Municipality of Bayham Zoning By-law Amendment Application Page 7 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing • the boundaries and dimension of the subject lands; • the location, size and type of all existing and proposed buildings and structures, indicating their setbacks from all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; • the approximate location of all natural and artificial features (buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; • the current uses of the land that is adjacent to the subject land; • the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road, a private road, or a right-of-way; • the location of the parking and docking facilities to be used (if access will be by water only); • the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St. Thomas Health Unit, Long Point Region Conservation Authority and Ministry of Transportation (if applicable). (c) If a private sewage system is necessary, pre-consultation with the Chief Building Official is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council Municipality of Bayham Zoning By-law Amendment Application Page 8 20. If this application is to accommodate the consent of a surplus farnj.welling, please provide the following information: Date surplus farm dwelling was erected: Please provide the assessment roll number, loc. in, and zoning of the farm parcel with which the subject lands are being consolidated. Roll It 34 - 01 - 911 Address: Zoning Classification: 7777- I/We, Phil Mauer/MG Leasing Inc. , of the Village of Eden of Municipality of Bayham , in the County of Elgin , do solemnly declare: (i) that I/We am/are the owner(s) of the lands described above (ii) that to the best of my/our knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that I/We hereby appoint Grassmere Construction Ltd. to act as an Agent on my/our behalf in all aspects of this application. Owner(s) Signature(s) L` And I/We make this solemn declaration conscientiously believing it to b ue, • kn.wing that it is of the same force and effect as if made under oath, and by virtue o e " ahada vidence Act". DECLARED BEFORE ME at the: 717C0710C;001/17 - of &yha/r7 Owner Agent in the County/Region of9/l'J this day of Och he.r 20 Owner / Agent 1 / A Commissioner, et01ARGARET UNDERHILL,a Commlaileam tit Deputy Clerk of the Corporation of the Municipality of Bayham. IBI GROUP West 0 Lond nSON N6H 1T3et Canada tel 519 472 7328 I I ibigroup.com Memorandum To/Attention Municipality of Bayham Date November 28, 2019 From Paul Riley, CPT Project No 3404 - 740 cc William Pol, MCIP, RPP Subject Phil Mauer and Associates and MG Leasing-Application for Zoning By-law Amendment- 56954 Eden Line 1. We have completed our review of an Application for a Zoning By-law amendment, submitted by MG Leasing Inc., for a property located at 56954 Eden Line, north side, west of Plank Road. The applicant is requesting a zoning by-law amendment to change the zoning on a 4.4 ha (11 acres) parcel of land from a site-specific Urban Industrial Zone (M4-4) and holding Hamlet Residential Zone(HR(h2))zone to a modified site- specific Urban Industrial (M4-4)zone to permit a maximum lot coverage of fifteen per cent(15%); a reduced rear yard setback of 8.2 m (26.9 feet)where 10.5 m (34.4 feet) is the required minimum; and to zone the entire parcel consistent with the industrial use by removing the residential zoning portion, in Zoning By-law Z456-2003. The zone change will facilitate Site Plan agreement for a 1,115 m2 (12,002 ft2) building addition with reduced rear yard setback as well as a new internal access road and noise buffering (fence, berm and landscaping). The subject lands are designated as Hamlet on Schedule "Al" Land Use and Hazard Lands of the Official Plan of the Municipality of Bayham. The lands are currently zoned M4-4 and HR(h2) on Schedule "D" Eden in Zoning By-law Z456-2003. 2. Phil Mauer and Associates operates a material handling container and racking design and manufacturing business on the lands. They design and manufacture steel material handling containers for the automotive industry. The new building is intended to: improve competitiveness with equipment upgrades;centralize manufacturing processes into one building; provide storage area; and reduce the amount of outdoor forklift traffic and outdoor noise by installing an indoor overhead crane for loading. 3. The parcel has a lot frontage of 22.1 m (72.5 feet) and a lot depth of 292.4 m (959.2 feet). The property comprises three industrial buildings and a shed (to be removed). There is a 1,242 m2 (12,369 ft2) semi-permanent warehouse building; a 1,058 m2 (11,388 ft2) building; and a 2,787 m2(30,000 ft2) building to which the addition is proposed, for a total floor area of 6,202 m2 (66,757 ft2). 4. Eden Line is a municipal road maintained year-round and according to recent Google Streetview images, the access width and location are adequate for the proposed use. The site-specific M4-4 zoning recognizes reduced lot frontage of 20.0 m (65 feet)where 25.0 m (82 feet) is the required minimum. Surrounding land uses are residential and commercial to the east, residential to the north and south, and residential and agricultural to the west. The lands to the north are zoned for residential use and the majority of residential lands to the west are vacant, both areas are used for agriculture. IBI GROUP MEMORANDUM 2 Municipality of Bayham—November 28,2019 5. It is our understanding that the building addition will facilitate reduced outdoor storage. Outdoor storage is only permitted abutting the agriculturally zoned lands in the northwest of the subject lands, south of the rear yard setback, for approximately 100 m south of the pond in the northwest corner. There is a 4.5 m open space buffer and row of trees to be provided along the north of the site. The proposed internal access changes appear to be adequate to accommodate emergency vehicles. 6. On November 18, 2019, the Municipality received a letter from the abutting property owner at 56982 Eden Line, on the south side of the subject lands. The letter suggests that there is noise heard from the subject lands and asked for assurance that the hill/berm on the subject lands,which provides a noise buffer, should remain. And at the public meeting held on November 21 the Municipality received verbal comment regarding noise concerns and subsequently received written (email) comments regarding emissions, from the abutting resident at 11643 Plank Road. They expressed concern about potential health risks in proximity to welding and painting emissions; over the continued noise volumes from the operation and potential increase in operational hours due to the new building (cost and use). 7. In response to the comments, the applicant has revised the Site Plan including the following: • Adding a 2.4 m (7.8 feet) high by 10 m wide earthen berm along the eastern boundary, spanning the length of the existing building and addition; • Moving the new access aisle further west to accommodate the berm; • Replacing fence along the boundary from the south end of the new berm to the easternmost point of the site with a 2.4 m (7.8 feet) high wooden fence; • Adding a row of trees along the north property boundary. • Replacing the encroaching chain link fence along the new berm with a 2.4 m high wooden fence; • Replacing (or moving)the encroaching chain link fence with chain link fence or similar along the north property line. The noise mitigation changes provide assurance to the 56982 Heritage Line resident that the southern berm will remain and improves the noise buffer with the added berm and replacement fencing. 8. The applicant has indicated that there are no changes to the emissions except from adding some new equipment and retiring some old equipment. Official Plan Section 4.5.6.4 indicates the Ministry of the Environment Conservation and Parks' "Guideline D- 6 Compatibility Between Industrial Facilities and Sensitive Land Uses" should be referred to. Notwithstanding the generality of the foregoing, according to Section D-6-3 Separation Distances a Class II industrial facility recommended setback minimum of 70 m (229 feet) in which incompatible development should not normally take place. There are no dwellings within 70 m of the building addition, the nearest being the 11643 Plank Road dwelling approximately 100 m (328 feet) away, and the emissions for the existing use are not changing significantly, therefore, we do not anticipate increased health impacts from the proposed addition. IBI GROUP MEMORANDUM 3 Municipality of Bayham—November 28,2019 9. The Site Plan drawing shows two future additions to the east and west of the proposed addition. Based on the conceptual nature of the buildings; the scale of the industrial use within a Hamlet; and concerns from neighbouring residents, the potential impact to the surrounding uses cannot be considered at this time, and zoning approval will be required for future development to propose changing the maximum lot coverage regulation. 10. The Municipality of Bayham Official Plan Section 4.4 Hamlets permits small-scale industrial uses. The existing industrial business is not considered small in scale, however, the community benefits from local economic benefits/employment and the proposed development is a continuation of the existing industrial use. Section 4.4.1.8 f) indicates that existing industrial facilities should be recognized in the zoning by-law which is the case. The proposed building addition is in keeping with the general intent and purpose of the Official Plan. 11. The Urban Industrial (M4)zone includes general industrial use as a permitted use. The lands currently zoned HR(h2) are used for parking, access and open space to the industrial use and should be zoned for the use. Section 23.9 rear yard setback of 10.5 m applies to M4 lands abutting residential lands and in other cases would be 7.5 m (24.6 feet). The 10.5 m setback is intended to provide land buffering distance to the rear of an industrial use, however, there is a large side yard setback to the west due to the irregular lot configuration. The HR(h2) lands to the north of the reduced setback are vacant. The reduced setback to 8.2 m is minor in nature and does not contravene the purpose and intent of the zoning by-law. Based on a review of recent aerial photography the site includes outdoor storage not permitted in the M4 zone. Outdoor storage is only permitted along the west of the site adjacent to lands not zoned for residential or open space uses in accordance with Section 23.10 b) of the Zoning By- law. 12. We have no objection to the proposed rezoning from the M4-4 and HR(h2)to a modified site-specific Urban Industrial (M4-4)zone in order to permit: maximum lot coverage of fifteen percent(15%); reduced rear yard setback of 8.2 m; and to zone the lands consistent with the industrial use. eAtitt eJ IBI Group Paul Riley, CPT Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z696-2019 PHIL MAUER/M.G. LEASING INC. 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 "D" Eden by changing the zoning symbol on the lands from site-specific Urban Industrial (M4-4) and holding Hamlet Residential (HR(h2)) zone to a site-specific Urban Industrial (M4-4) zone, which lands are outlined in heavy solid lines and marked M4-4 on Schedule "D" to this By-law, which schedule is attached to and forms part of this By-law. 3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 23.13.4 Exception — Urban Industrial (M4) Zone by adding the following clauses: 23.13.4.3 Minimum Rear Yard Setback 8.2 metres 23.13.4.4 Maximum Lot Coverage 15 % 4) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Local Planning Appeal Tribunal. READ A FIRST TIME AND SECOND TIME THIS 5th DAY OF DECEMBER 2019. READ A THIRD TIME AND FINALLY PASSED THIS 5th DAY OF DECEMBER 2019. MAYOR CLERK SEE SCHEDULE A-MAP No.3 I I j I /j f / . / 1(4/5r SEE SCHEDULE A-MAP No.6 This is Schedule"D"to By-law No.Z696-2019, passed the day of ,2019 Mayor Clerk MUNICIPALITY OF BAYHAM SCHEDULE D Legend NORTH EDEN I LPRCA Regulation Limit o 15 150 300 ZONING BY-LAW Z456-2003 CONSOLIDATED APRIL 12,2019 Lieu: INAYHtiti ? o REPORT lf t ` ( � �� DEVELOPMENT SERVICES ��urtunity Is�O1? TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: December 5, 2019 REPORT: DS-78/19 FILE NO. C-07/ D10.MAUER Roll # 3401-000-006-11550 SUBJECT: Site Plan Agreement By-Law 2019-099— Phil Mauer/M G Leasing Inc. BACKGROUND: A site plan control application was received on October 28, 2019 and deemed complete November 28, 2019 from Phil Mauer &Assoc./ M.G. Leasing Inc. for their property located at 56954 Eden Line. The application proposes the construction of a warehouse addition 1115 m2 (12,001 sq. ft.) on to the existing 5,371 m2 (57,812 sq.ft.) facility in Eden. The subject land is designated "Hamlets" in the Official Plan and zoned Urban Industrial (M4-4) and on a small portion, Hamlet Residential Holding 2 (HR(h2)) in the Municipality of Bayham Zoning By-law Z456-2003. Zoning By-law amendment is required to change the site-specific Urban Industrial (M4-4) to a modified site-specific Urban Industrial (M4-4) Zone, application under consideration in Staff Report DS-77/19 on December 5, 2019. DISCUSSION: Based on staff review of the Site Plan Approval Application Form and accompanying final drawings received on November 28, 2019, staff concur that it meets the intent of the Official Plan and the requirements of the Zoning By-law through a rezoning application and Zoning By- law to change the zoning. At the zoning public meeting held November 21, 2019, one written submission from the neighbours at 56982 Eden Line expressed concerns regarding potential changes to the existing berm providing buffering between the properties. They do not wish to see the berm removed as its value as a sound barrier has worked for many years. Another neighbour located at 11643 Plank Rd (northeast corner of the Phil Mauer property) expressed verbal concerns at the meeting for the noise and the absence of buffering other than a chain link fence between properties. In a follow-up written submission received November 22, 2019, the same neighbour expressed concerns for the existing emissions and potential Staff Report DS-78/19 Phil Mauer 2 increased emissions with the building addition and the question as to the intended use of the addition. After consideration for the neighbours' concerns, Phil Mauer & Assoc./M.G. Leasing Inc. has responded with additions to their original site plan submission for noise mitigation and esthetics: • South lot line: existing earth berm will remain • East lot line: existing 2.4 m high metal clad fence to remain with an approximate addition of 115 m length of proposed 2.4m high solid wood fence at the property line; a second approximate 115 m length of chain link to be removed and replaced with a new 2.4 m high solid wood fence at the property line; addition of a new earth berm • North lot line: 2.4 m high chain link fence to be relocated to the property line and a row of 17 white pines @ 8m spacing added to the buffer space inside the property line Please refer to the planner's memorandum dated November 28, 2019 also attached to this Report addressing both the rezoning and the site plan applications. Subject to the approval of the Zoning By-law Z696-2019, staff recommends approval of the site plan agreement as presented for the expansion of the Phil Mauer&Assoc./M.G. Leasing Inc facility. ATTACHMENTS 1. Site Plan Approval Application Form - received October 7, 2019 2. Written Correspondence— Neighbours at 56982 Eden Line and 11643 Plank Road 3. Aerial Map— Phil Mauer property and neighbour properties 4. Planner's Memorandum dated November 28, 2019 5. Draft By-law 2019-099 Site Plan Agreement attached RECOMMENDATION 1. THAT Report DS-78/19 regarding the Phil Mauer/MG Leasing Inc. site plan agreement be received; 2. AND THAT By-law No. 2019-099 being a By-law to authorize the execution of a Site Plan Agreement between Phil Mauer& Assoc./M.G. Leasing Inc. and the Municipality of Bayham for development at the property known as 56954 Eden Line be presented for enactment. Respectfully Submitted by: Reviewed by: (A. //0- • •• Margaret Underhill 4way Deputy Clerk/Planning Coordinator CAOICIerk -.11111‘‘*: FILE No. ,772)--/-2,777 - ' K3 / REC'D: c ' 7/1 Ef cra ' DATE APPLICATION CONSIDERED d'Po-rtnnity Ib`L��t COMPLETE: /V6 V 2-Vi 9 FEE RECEIVED:$ - 'C'C"}-0 1,7,0 MUNICIPALITY OF BAYHAM SITE PLAN APPROVAL APPLICATION FORM The undersigned hereby request the Municipality of Bayham to consider a Site Plan Control application pursuant to Section 41 of the Planning Act on the lands hereinafter described. This application is accompanied by a fee of$500($250 fee+$250 deposit for properties with accumulative building area of 150 m2 or less)OR$2000($1000 fee&$1000 deposit for accumulative building area 151 m2 or greater)by cash or cheque made payable to the Municipality of Bayham. 1. BACKGROUND INFORMATION a) Applicants Name Herman Sinke of Grassmere Construction Ltd. Applicant's Mailing Address 49 North Street East,Tillsonburg,ON Phone# 519-842-4392 Fax:519-688-2470 Email: hsinke@grassmere.com b) Registered Owner(if other than applicant) MG Leasing Inc. Owner's Address 44287 Truman Line, RR#1 Belmont,ON NOL 1130 Phone# 519-866-5677 Fax: 519-866-5990 Email: Phil@philmauer.com c) Location of Subject Land ROLL#3401- Lot Number(s) Part of Lots 3&4+22,23&24lan No.or Concession RP No.113,Concession 9 Part Number(s) Reference Plan Plan 11 R-5905 911 Address(if any) 56954 Eden Line The subject land is located on the North side of Eden Line between Plank Rd n(Road#19) and d) Existing use of Subject property Industrial e) Specific indication of proposed uses of land and buildings Manufacturing f) Official Plan Designation /finite%S g) Zoning By-law-Existing Zoning Urban Industrial(M4)- -Requested Zoning Urban Industrial(M4) '{ 1 b) COMMERCIAUINDUSTRIAUINSTITUTIONAUOPEN SPACE OR OTHER USES (as applicable) No.of New Buildings Proposed Conversion or Addition to Existing Building Yes/ No Describe Gross Floor Area(breakdown by type of use,eg.-office area,retail,storage, manufacturing area,etc.) Manufacturing 1,115sm Seating Capacity(for rest.or assembly hall,etc.) Describe Type of Business Proposed No. of Staff Proposed-Initially In future(5 yrs) Open Storage Required Yes No Describe type,location,and buffering(if any) Phasing if any Describe Type of Use Proposed No. of Beds(if applicable) Gross Floor Area by Type of Use (eg.office,common rooms,storage,etc.) Landscaped Area 17,671sm sq m If residential use proposed as part of,or accessory to commercial/industrial/open space/other use,please specify Type Number of Units Floor area of Unit Type Bachelor One-Bedroom Two-Bedroom Three-Bedroom !�- Dated this 10th day of October , , % 'aIt, of Owner/Agent Signature of Owner/Agent Herman Sinke of Grassmere Construction Ltd. of the Town of Tillsonburg in the County of Oxford DO SOLEMNLY DECLARE THAT: All of the statements contained in this application are true and I make this solemn declaration conscientiously believing it to be true and knowing that it is • -- e force and effect as if made under Oath and by virtue of the Canada Evids -Act. DECLARED before me at the of , in the `,7,,.r;, of this 1 day of OC.; 20 i!'1 Si, ture of Owner/Agent ._., A Conimissioner, tc' tgnature of Owner/Agent Patricia Mae Marsh,a Commissioner. etc.,Province of Ontario, tor Grassmere Constrtxelon Ltd. Exprires September 20.2022 3 ® ELGIN MAPPINGIrill'111111.7-...;, , HT7--- jaiiiiii:„. . .. /,.: . • ,,,' Legend (' 0 Parcels •." ^ ,, — Elgin Road Network = Elgin Road Network �Q = Elgin Road Network °° El Lagoons World Imagery / / d n r�-"jxf 'f ,..7.. ' 79/ ,,,.';''''.:71' , '^_�_ , S r�i •Imp.. ..,•-).-, ..7,---:'••••--f , '��:.i. i' i �° • %•* -, ,., ,..,.,.,, ....,. "I'",.• 4 1 ,:'^ 1. t rt t., iJ I t Y r _.,, ! ^{ell:-• A, ~_'_�/p)' fi 7.7H-1.,-_-,I .. oda .ii.-Ti " „ 0 ' •.,:,,,.,.7:.; -l;',.:.',.":!::'";:f. '''''-..:''...:.;,,:":'!"''",?,..,4,0 itr.lfti-ij, - '!7"-----;----7"-_=---'.,_"2'-'4----=.71,--:' L___4277%", , ''.1":r "r . ..,.''''t, . '' ! ' . r. ' ' • . '..'I, i1 y �y. �,; a77-""----=.77-4.=.-=-"=-'-------__-:-. - � i — - +i ,{ t vwr f —'1 '.--.4---i"2::::::1==-====---.ak „ - Mt,.,P :%: ° /41 -" f ,' - j -- _ i 11 .: Y ,...**-,',.7"-/--:,' F r � ,, a� ; 1 l ;1--- ! ,./----'"--t':1-.--1:,:::.,-.,.-_-.. .:-.-1 I :',.f::'":, h , . 1: 8,815 �,.. Notes blue dashed indicates the two concerned 0.4 • 0 0.22 0.4 Kilometers This map is a user generated static output from an Internet mapping site and is for neighbours properties reference only.Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current,or otherwise reliable. ©Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION c);; 6 ,/1 Marg Underhill From: Jessica Cain <babycainer@hotmail.com> Sent: Friday, November 22, 2019 8:43 AM A )*‘,/ ;:f'! To: Marg Underhill Subject: Phil Mauer amendment Hello Margaret, In addition to the concerns I voiced at the meeting last night, I would like to add the concern of further welding and painting emissions and pollution that could be emitted into the environment to effect myself and my family, along with all the other nearby residents of the village. My property backs directly onto the area of property the proposed building would be erected,therefore these additional harmful emissions would directly affect us. I would also like to know the guidelines for operation hours/noise pollution within the village in regards to industrial production. I have fear there will be added production hours at Phil Mauer in order to fund and justify the cost of the new building.The noise level is very high during their production hours, as myself and other residents have voiced, not to mention the unseen environmental pollution. Please add my name to the list to be informed of any further meetings/decisions regarding this unfit situation. Thank you, Jessica Cain 11643 Plank Rd Eden 519-670-3776 Spam Phi sh/Fraud Not spam Forget previous vote i / t, s Roberta Tosetto/Brian Novak 56982 Eden Line November 18, 2019 Municipality of Bayham To: Whom ever it may concern: Re: Phil Maur Factory I (Roberta Tosetto)and partner(Brian Novak), are writing in regards to concerns brought up regarding Phil Maur factory and their recent inquiries into land changes. Currently, we do not have any disputes regarding the changes they are in the process of making but we would to make it known the concerns we do have regarding any future possibilities they may consider. There is a large hill behind my property which we would hope never is taken down, this is a considerably large amount of sound barrier. There are times at night, that there are very loud bangs as if something is being dropped, we can't imagine how not having that hill would impact that sound. There has already been trees cleared out of the area directly behind my property that potentially could have been sound barriers as well. I (Roberta) have lived here for 20years and have come accustomed to the noise the factory makes but if there ever comes a day they consider that hill coming down, I can't imagine anyone in this area being happy at all about that. Sincerely yours, Roberta Tosetto Brian Novak IBI GROUP 203-3 West Lond on N6HOxford S1T3eCanada tel 519 472 7328 ibigroup.com Memorandum To/Attention Municipality of Bayham Date November 28, 2019 From Paul Riley, CPT Project No 3404 -740 cc William Pol, MCIP, RPP Subject Phil Mauer and Associates and MG Leasing -Application for Zoning By-law Amendment- 56954 Eden Line 1. We have completed our review of an Application for a Zoning By-law amendment, submitted by MG Leasing Inc., for a property located at 56954 Eden Line, north side, west of Plank Road. The applicant is requesting a zoning by-law amendment to change the zoning on a 4.4 ha (11 acres) parcel of land from a site-specific Urban Industrial Zone (M4-4) and holding Hamlet Residential Zone (HR(h2))zone to a modified site- specific Urban Industrial (M4-4)zone to permit a maximum lot coverage of fifteen per cent(15%); a reduced rear yard setback of 8.2 m (26.9 feet)where 10.5 m (34.4 feet) is the required minimum; and to zone the entire parcel consistent with the industrial use by removing the residential zoning portion, in Zoning By-law Z456-2003. The zone change will facilitate Site Plan agreement for a 1,115 m2 (12,002 ft2) building addition with reduced rear yard setback as well as a new internal access road and noise buffering (fence, berm and landscaping). The subject lands are designated as Hamlet on Schedule "Al" Land Use and Hazard Lands of the Official Plan of the Municipality of Bayham. The lands are currently zoned M4-4 and HR(h2) on Schedule "D" Eden in Zoning By-law Z456-2003. 2. Phil Mauer and Associates operates a material handling container and racking design and manufacturing business on the lands. They design and manufacture steel material handling containers for the automotive industry. The new building is intended to: improve competitiveness with equipment upgrades; centralize manufacturing processes into one building; provide storage area; and reduce the amount of outdoor forklift traffic and outdoor noise by installing an indoor overhead crane for loading. 3. The parcel has a lot frontage of 22.1 m (72.5 feet) and a lot depth of 292.4 m (959.2 feet). The property comprises three industrial buildings and a shed (to be removed). There is a 1,242 m2 (12,369 ft2) semi-permanent warehouse building; a 1,058 m2 (11,388 ft2) building; and a 2,787 m2 (30,000 ft2) building to which the addition is proposed, for a total floor area of 6,202 m2 (66,757 ft2). 4. Eden Line is a municipal road maintained year-round and according to recent Google Streetview images, the access width and location are adequate for the proposed use. The site-specific M4-4 zoning recognizes reduced lot frontage of 20.0 m (65 feet)where 25.0 m (82 feet) is the required minimum. Surrounding land uses are residential and commercial to the east, residential to the north and south, and residential and agricultural to the west. The lands to the north are zoned for residential use and the majority of residential lands to the west are vacant, both areas are used for agriculture. IBI GROUP MEMORANDUM 3 Municipality of Bayham—November 28,2019 9. The Site Plan drawing shows two future additions to the east and west of the proposed addition. Based on the conceptual nature of the buildings; the scale of the industrial use within a Hamlet; and concerns from neighbouring residents, the potential impact to the surrounding uses cannot be considered at this time, and zoning approval will be required for future development to propose changing the maximum lot coverage regulation. 10. The Municipality of Bayham Official Plan Section 4.4 Hamlets permits small-scale industrial uses. The existing industrial business is not considered small in scale, however, the community benefits from local economic benefits/employment and the proposed development is a continuation of the existing industrial use. Section 4.4.1.8 f) indicates that existing industrial facilities should be recognized in the zoning by-law which is the case. The proposed building addition is in keeping with the general intent and purpose of the Official Plan. 11. The Urban Industrial (M4)zone includes general industrial use as a permitted use. The lands currently zoned HR(h2) are used for parking,access and open space to the industrial use and should be zoned for the use. Section 23.9 rear yard setback of 10.5 m applies to M4 lands abutting residential lands and in other cases would be 7.5 m (24.6 feet). The 10.5 m setback is intended to provide land buffering distance to the rear of an industrial use, however, there is a large side yard setback to the west due to the irregular lot configuration. The HR(h2) lands to the north of the reduced setback are vacant. The reduced setback to 8.2 m is minor in nature and does not contravene the purpose and intent of the zoning by-law. Based on a review of recent aerial photography the site includes outdoor storage not permitted in the M4 zone. Outdoor storage is only permitted along the west of the site adjacent to lands not zoned for residential or open space uses in accordance with Section 23.10 b) of the Zoning By- law. 12. We have no objection to the proposed rezoning from the M4-4 and HR(h2)to a modified site-specific Urban Industrial (M4-4)zone in order to permit: maximum lot coverage of fifteen percent(15%); reduced rear yard setback of 8.2 m; and to zone the lands consistent with the industrial use. IBI Group Paul Riley, CPT Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-099 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN PHIL MAUER & ASSOC/M.G. LEASING INC. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law 2016-047 pursuant to Section 41 of the said Planning Act. AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval, as the Council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan Agreement with Phil Mauer &Assoc./M.G. Leasing Inc. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between The Corporation of the Municipality of Bayham and Phil Mauer & Assoc./M.G. Leasing Inc. affixed hereto and forming part of this By-law as Schedule "A". 2. THAT the executed agreement be registered at the owner's expense against the land to which it applies under the Land Titles Registry Elgin # 11. READ A FIRST AND SECOND TIME this 5th day of December 2019. READ A THIRD TIME AND FINALLY PASSED this 5th day of December 2019. MAYOR CLERK 1 SCHEDULE 'A' TO BY-LAW NO. 2019-099 SITE PLAN CONTROL AGREEMENT PHIL MAUER & ASSOCIATES/M.G. LEASING INC. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM REGARDING LANDS Concession 9 Pt Lots 22 & 23, Plan 113 Pt Lot 3 &4, W/S Main, Bayham 2 This Agreement made in duplicate this 5th day of December 2019. BETWEEN: PHIL MAUER & ASSOCIATES/M.G. LEASING INC. (hereinafter the "Owner") Of the First Part AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter the "Municipality") Of the Second Part WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of Bayham in the County of Elgin and Province of Ontario, being described as Lots 22 & 23, Plan 113 Pt Lot 3 & 4/W/S Main, Concession 9 therein, and more particularly identified and depicted in Attachment "A" attached hereto (and hereinafter referred to as the "Lands" ); AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan attached and marked as Attachments "B1", "B2" & "B3" hereto (and hereinafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of approval of proposed development of the Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By- Law No. 2016-047, being the Site Plan Control By-Law enacted by the Council for the Municipality; NOW THEREFORE, in consideration of good and valuable consideration exchanged herein and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each party to the other, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner and Municipality hereby covenant and agree as follows: 1. The Owner agrees that no building permit will be available for the development of the Lands until the Plan has been approved by the Municipality and further agrees that work 3 in relation to such development will not commence prior to the issuance of a building permit. 2. The Attachments hereto and as described below, attached and verified by the signatures of the Parties hereto, are incorporated in and form part of this Agreement: Attachment "A" — Lands Description, Attachment"B1" —Site Plan &Vehicular Circulation Plan Drawing No. SP1 Attachment "B2" — Site Grading & Servicing Plan Drawing SP2 Attachment "B3" —Site Details Drawing SP3 Attachment "C" —Certificate of Compliance. 3. The Parties agree and acknowledge that Attachment "A" (Lands) hereto identifies the Lands which are subject to this Agreement and, furthermore, Attachments "B1", "B2", "B3" depicts and details the Plan for development of the Lands, including but not limited to; (a) The location and height of all buildings and structures to be erected; (b) The location of vehicular entrances and exits; (c) The location and provision of off-Street vehicular loading and parking facilities, including driveways for emergency vehicles; (d) Walkways and all other means of pedestrian access; (e) The location and provision of fences, trees and all ground cover or facilities for landscaping the Lands and protecting the adjoining lands and, furthermore, depicts the lighting, including flood lighting, of the Lands and any building or structure to be erected thereon; (f) The location and provision for the collection and storage of garbage and other waste materials. 4. The Owner agrees and covenants that the Lands will be developed, including but not limited to any building or structure that is to be erected thereon, in strict accordance with the Plans depicted on Attachments "B1", "B2" and "B3" hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Attachment "B2" ("Site Grading & Servicing Plan") hereto depicts and details proposed site servicing facilities for development of the Lands, including but not limited to; (a) Lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); (b) Location of utilities within the road allowance and site connections to these utilities; (c) Building finished floor elevations; 4 (d) Other information as required by the Municipality. 6. The Owner agrees and covenants that the site plan and vehicular circulation plan drawing upon the Lands will be in strict accordance with the Plans depicted on Attachment "B1" hereto, subject only to such changes receiving prior approval from the Municipality. 7. The Owner further agrees that: (a) Final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer prior to consideration of any request for final release of any security held by the Municipality relative to the proposed development of the Lands. (b) All necessary provisions for service connections on-site will be made to the satisfaction of the Municipality. (c) Construction work will be carried out expeditiously, in good and work-man-like manner, in accordance with good trade practices, and, at all times, so as to minimize nuisance. (d) All necessary precautions to avoid dust, noise and other nuisances and to provide for public safety will, so far as possible, be undertaken so as to achieve compliance with all federal, provincial, or other municipal regulations or standards. (e) All necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street and, where such tracking occurs, the street shall be cleaned at the end of each working day. (f) Garbage disposal facilities will be of an enclosed type located and depicted on the Site Plan as attached as Attachment "A" hereto, at all times designed in a manner satisfactory to the Municipality. (g) Unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the limits of the Lands. (h) No topsoil shall be stockpiled on any other portion of the Lands except those lands identified for that purpose in Attachment "A" to this Agreement; provided that all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds and other noxious plants; and the Municipality may at all times enter the Lands for purposes of inspection of such stockpiling of topsoil and, if necessary, for purposes of maintenance of weeds, the cost of which shall be borne by the Owner and collected either in like manner as municipal taxes or from any security held by the Municipality to ensure performance of all obligations by the Owner in respect of the development of the Lands. 5 (i) Stockpiling of snow will not be allowed on the Lands where it will constitute a hazard as determined by the Municipality. (j) The electrical servicing of the Lands shall be subject to the approval of Hydro One, or any successor utility thereto. (k) During the period of development of the Lands as contemplated by this Agreement, if the Owner fails to take any act required for public safety or convenience, as determined by the Municipality, and upon seven (7) days written notice, the Municipality, in addition to any other remedy at law, may enter upon the Lands and undertake any and all works to correct such failure and thereby reinstate such element of public safety or convenience, the cost of which municipal work shall be borne by the Owner and collected in like manner either as municipal taxes or from any security held by the Municipality to ensure performance of all obligations of the Owner hereunder. (I) The Municipality is at liberty to consider any breach of this Agreement as a violation of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, thereby constituting an offence pursuant to section 67 of the said Act and, further, entitling the Municipality to seek any manner of remedy or relief as based thereon, including but not limited to the issuance of a stop work order and/or injunction to restrain continuation of such breach. (m)Nothing in this Agreement constitutes a waiver of the duty of the Owner to comply with any other by-law of the Municipality or any other law, whether federal or provincial in nature. 8. The Owner shall be responsible for consulting with Hydro One, or any successor utility thereto, regarding any matters which relate to utility services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from any and all regulatory body having an interest in or jurisdiction over the development of the Lands, including but not limited to the Long Point Region Conservation Authority and the Ministry of the Environment, Conservation & Parks. 10. The Owner shall satisfy all requirements in relation to fire protection for the building or buildings or structure or structures to be erected upon the Lands to the satisfaction of the Fire Chief for the Municipality of Bayham and the Ontario Building Code. 11. The Owner agrees to pay for damages to public property, including but not limited to any municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may occur during the development of the Lands as contemplated by this Agreement. In the event that the Owner shall fail to repair any such damage within thirty (30) days of occurrence, the Municipality may enter upon the Lands and effect such repair at the sole risk and expense of the Owner. 12. The Owner agrees that any and all lighting required for the development of the Lands in accordance with this Agreement shall be installed and maintained so as not to interfere with the use or enjoyment of adjacent properties or with the safe flow of traffic on 6 abutting or adjacent streets, the determination of which interference shall be in the sole discretion and opinion of the Municipality. 13. The Owner shall install and maintain plants, groundcover, grassed berms, fencing and continuous row of natural evergreens or natural shrubs as buffering upon the Lands and in strict accordance with the Plans and at all times to a standard acceptable to the Municipality. 14. If the Ontario Building Code requires that an Architect or Professional Engineer, or both, shall be responsible for the field review of any new building or structure or extension thereof as contemplated by this Agreement, then the Owner shall not occupy or use or permit occupation or use of, any such building or structure or extension thereof until after an Architect or Professional Engineer has delivered approval thereof to the Municipality by a letter addressed to the Municipality and signed by the said Architect or Professional Engineer and certifying that all construction and/or services on or in the Lands, including any such building or structure or extension thereof thereon as required for the development or redevelopment of the Lands have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15. The Municipality, through its servants, officers, and agents, including its Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter upon the Lands and/or any building or structure being erected thereon to inspect; (a) the progress of the development upon the Lands; (b) the state of maintenance as required by this Agreement; (c) compliance with any and all laws, whether Federal, Provincial, or Municipal, including any and all by-laws for the Municipality and more particularly including By-Law No. 2016-047 as Site Plan Control By-Law; and, (d) compliance with this Agreement. 16. In the event of any servant, officer, or agent of the Municipality determining, upon inspection of the Lands and any building or structure erected thereon, that the development is not proceeding in strict accordance with the Plan, and specifications filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such notice to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency in relation to which that notice relates or, alternatively, appeal to the Council of the Municipality of Bayham as hereinafter provided. 17. In the event of any servant, officer, or agent of the Municipality, having inspected the Lands or any building or structure being erected thereon in accordance with this Agreement, be of the opinion that the state of maintenance of such Lands, building, or structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice detailing the particulars of such opinion and the basis therefor, by registered mail, to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively, appeal such opinion and the need for correction to the Council of the Municipality of Bayham as hereinafter provided. 7 18. In the event that the Owner should disagree with the opinion of the servant, officer, or agent of the Municipality as to the state of compliance and/or maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which Council, after hearing the details of the alleged deficiency and hearing the response of the Owner, shall express its opinion as to whether the maintenance of the lands, building, or structure is satisfactory and which decision shall constitute a final determination of the issue. 19. In the event that the Owner shall fail to obey a stop work order issued pursuant to section 16 above, the Owner acknowledges and recognizes the right of the Municipality to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate relief, including but not limited to an injunction restraining continuation of work upon the Lands. 20. In the event that an Owner shall fail to correct a deficiency after notice is given pursuant to sections 16 or 17 above and which notice the Council of the Municipality of Bayham subsequently determines is correct in accordance with section 19 above, the Council of the Municipality of Bayham may by by-law direct, on default of the matter or thing being done by the Owner and after two (2) weeks written notice to the Owner as delivered by registered mail to the last known address of the Owner, that such matter or thing be done by or on behalf of the Municipality, at the expense of the Owner, which expense may be recoverable by action, as municipal taxes, or as drawn from and paid by any security deposit with the Municipality as security for full performance of all obligations by the Owner in respect of the development contemplated by this Agreement. 21. The Owner further acknowledges that any contravention of any provision of this Agreement will constitute a contravention of By-Law No. 2016-047 for the Municipality of Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy or relief, is subject to prosecution and penalty as provided for in section 67 of such Act. 22. Unless otherwise authorized, in the event that the Owner wishes to revise the development as described in and depicted in Attachments "A" and/or "B1", "B2", "B3" attached, he, she, or it shall make application to the Council of the Municipality of Bayham for reconsideration and approval and, furthermore, the Owner agrees that construction shall not proceed so as to implement any such revision until approval is given by such Council or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended. 23. The Owner agrees to pay to the Municipality all administration costs incurred in connection with the preparation and/or implementation of this Agreement, including all legal, engineering, and inspection costs. 24. Upon execution of this Agreement and as contribution to capital charges, the Owner shall pay to the Municipality, in cash or by certified cheque, the amount of _zero_ Dollars and zero_ Cents ($0.00). 8 25. Upon execution of this agreement and as contribution to Site Plan Review expenses, the Owner shall pay to the Municipality the amount required for the municipality to process the site plan control application including the agreement preparation. 26. Before commencing any of the work contemplated herein, the Owner shall supply the Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing coverage to a minimum amount of $_zero_ per occurrence, and in a form satisfactory to the Municipality, thereby indemnifying the Municipality from any loss arising from claims for damages, injury, or otherwise, in connection with the work to be undertaken upon the Lands and for which approval contemplated by this Agreement is granted. The said policy of insurance shall be provided at the time of execution of this Agreement and shall remain in force until the development contemplated herein is complete and all required documentation in evidence thereof has been filed with the Municipality. 27. The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before December 5, 2020. The Parties agree that it is a responsibility of the Owner to arrange for completion of the development contemplated by this Agreement on or before such date and, furthermore, to apply for any extension of and from such date by no later than sixty (60) days prior to such intended completion date. 28. As security for the performance and completion of all works required by this Agreement, the Owner shall provide the Municipality with a Letter of Credit, in the amount of_zero_ Dollars and _zero_Cents ($0.00). The said Letter of Credit will be based on the estimated cost of alterations to public property, roadways, curbs and gutters and drains, and any repairs for damages to public property, roadways, curbs and gutters and drains, plus all site-specific components as identified by the Site Plan and Site Servicing Plan, attached as Attachments "B1" and "B2" and "B3", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit will be issued by a Chartered Bank or other institution acceptable to the Municipality and provide specific reference to this Agreement and provide for the value thereof to be payable to the Municipality at any time or, in part, from time to time, upon written notice from the Municipality. The Letter of Credit shall be provided by the Owner to the Municipality at the time of execution of this Agreement and shall remain in force, until twelve (12) months after completion of the development contemplated by this Agreement, including but not limited to production of all documentation required for evidence of such due and proper completion of the Development. 29. This Agreement and the provisions thereof do not grant to the Owner, or any person acquiring any interest in the said Lands, any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of his, her, or its obligations under this Agreement or any negligence on the part of the Owner in relation to the Performance of any obligations required by this Agreement. 30. In the event that construction on the Lands has not commenced within the one (1) year from the date of registration of this Agreement against title to the Lands, the Municipality may, at its option and on one (1) month written notice to the Owner, declare this agreement to be terminated, subject to renegotiation at the option of the Municipality. In the event that the Agreement is terminated as set forth above, the Owner agrees that construction on the Lands as contemplated by this Agreement will not be commenced or 9 continued until such time as the terms of this Agreement, at the option of the Municipality, have been renegotiated. 31. Following completion of the development of the Lands in accordance with the Plans contemplated by this Agreement and attached as Attachments "A" and "B1", "B2", "B3" hereto, the Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in the form and of the content set forth in Attachment "C" hereto, by which Certificate the Owner shall confirm that all elements of this Site Plan Agreement have been completed in accordance with the terms hereof and the provisions of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality. 32. The Owner agrees that he, she, or it will not call into question, directly or indirectly and in any proceeding whatsoever in law or in equity or before any administrative tribunal or court, the right of the Municipality to enter into this Agreement or to enforce each and every term, covenant, and condition herein contained and, furthermore, acknowledges that this provision may be pled as an estoppel as against the Owner in any such case. 33. The Owner agrees on behalf of himself, herself, or itself, including their respective heirs, executors, ministries, and assigns, to save harmless and indemnify the Municipality from all losses, damages, costs, charges, and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly from any action taken by the Owner in accordance with this Agreement. 34. All facilities, works, and other matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense but at all times to the satisfaction of the Municipality in accordance with all standards applied by the Municipality and, in default thereof and without limiting any right or claim to remedy or relief as available to the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, shall apply. 35. This Agreement shall be registered, at the expense of the Owner, against title to the Lands and the Municipality shall be entitled, subject to the provisions of any statute of the Province of Ontario, including but not limited to the Registry Act and/or Land Titles Act, to enforce its provisions against the Owner as named herein, including any successor in title thereto. Registration must be completed prior to the issuance of a building permit. 36. This Agreement enures to the benefit of and is binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and seals or under cover of duly authorized officials at the Municipality of Bayham, Straffordville, Ontario this day , 20_ Signed, Sealed, and Delivered ) In the presence of ) Philip Mauer ) Phil Mauer& Assoc./M.G. Leasing Inc. Witness ) I have authority to bind the Corporations. 10 ) CORPORATION OF THE MUNICIPALITY OF BAYHAM ) Mayor ) Clerk We have authority to bind the Corporation 11 ATTACHMENT "A" Lands Description Roll# 3401-000-006-11550 Municipal Address: 56954 Eden Line Legal Description: Concession 9 Pt Lots 22 & 23 Plan 113 Pt Lot 2 & 3 W/S Main, RP 11 R5905 Parts 3, 4, 5, 13, 14, Municipality of Bayham, County of Elgin PIN # : I '. P t A v P A v tl I Car Accessible Type'B' Van Accessible n..e SITE STATISTICS xu'mEw �•i �.1.' W Y g+o-y� m re I�•� ,a-19 01 1 ® Parking S a Space �r eM�n w �.�".{w 0.V_I r� Parking Spare A,,,,w marm tr...- , 1': I HAMLET RESIDENTIAL(HR) 1 "" ' .,.xe ra. -� �W W •. Q III 'l! _ _ 1 lD Z x.ru"r. n... ,r «ur,�.mann - n...s.... w� �4 1.1 �- _�_—_—_—_ ���e `'•,r•. .. ) - 4444..n• w......y-n�.r.- _.44.44 MOLD 7 / tl ---__ ;�.' (11 0Rq EMERGENCY ACCESS �,,,....a ...,n, ......nr^.^•'•.•.^.W7....rd.a /1i /'_ —----- «\•� \ \ .` / <y e ROUTE SIGNAGE ... ® ,.w. i "n•om ar"a" VOW 31 IC:.Pop,l "nn 1 '`.a`\ \ - �', '�•, 4�wr°e.+w°'"`xw- >, v ,..aao."xn 4343.". ...a a,ti,." N I I N ,,P s I \` \ ® BARRIER-FREE SIGNAGE "•• q m .. .�. J9aJ NIS. ;rm." 9 ' F. PLA I 1 .�\ r�.'""2:a.,_ N..9xm . a„„ R 9.r.,A 1=14, COM5135 10515C333•5 I 11 I 4I I I 351 I ... \``\,\\1\ /y •'P®' v<A x ,•v\i v o ~��\eJV D' '.n mwnc. I '�'':"`vo PROPERTY DFSCRIPTION a I L }�I /// PAPIl _ 11111I/' 1 (�� \-�. �,y„�,y_ O e`�'� � qcR/ce,„ \ "r�,-•=..".o.. 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'ers i1 1 I IIII I -11II ` 1.1 1 1 1 1 1 1 1 1 1 1 1 MI I ri 1 1 1I a L 1 m°^1 ._-_a....L_ 1 ill w'w .'n °° \Lo I - _— �" —~ ' A ll Ie EIILARGEMEN-SITE GRADING& I I I�Ijle pl ��®%� I ` - = �'ye- ti 1 i SER\�CING PLAN I I "�. 1,YID �. v� y.�y�< 6•, = Ke msec �..".e "." e.>...n IMPORTANT .1 I I I I I `Til rn\ ° \c \ ••.,,.,.1,,..„.i.:7:4:.,,„,,,,,,72:4;_;:. T} 3 '°d�'�{ 4..fA .a.,..„,,,,,.., ........ InN NW TITAr.F I 1 I i I — 'L 13 y�:. ' 1 0.-• ..a4.. 4444... 44'44 . .�.. . id1 I Ii �� ° ` '"' �.,Fi „,,,,,,,:i.:1•:,,,.,_ .,I �=i CM NCR'°.E '.141,011.1,11.IMMO Maw; ...� ".. I P.l ••. r p 1�i ,j. '21'. 343 1 I , `� .,n.",r... .."°'° II 1 I PCAx`Arlx-1905 11 a "• ej° 4444.. 4444 a>�+ _ / • wn`"vu.v"•"wo ern,o a I I nr 1 I I C ] y I I J 1 �'S' -11G1112ea- r , (611411 p� t111�Ii,' eL 91x1 ZING!AAfHI1FCnrRN' 1 / ,\ �f e _:/ I. xoom r_ _ •*.:,.o,,, -' -'---tC-. • a m wtlTFR..vM nrvTT�p \ I 1 'C•J 1I I f ( 1•r Zir-. °A""'4'1. L -__ • _•ai_ -3 TliV SZY --` .\ ;' I ( I ( I I I P;Il�":'....�._'� _w -- — ems- ,�'eLT vcacom,mar.a a.row.s... ..v.. „71.1140.. . ;; ,.ra..a�aw. '"▪ "`°' Hq .\.\, I- -.A:ire .,rxr.,444",.3''3;':;.`'�i PR..,.....�. .P1,:',..,....• .9. ”'<FrR �. ,A: �.,, w�9 -o- .. NG NOUS TRIAL \ Psrc ij�. .\ <c?33.� �. ly �b PHIL MAUERa& ASSOC. "ric'r \ 47474(HR/ ///r s� 7{-,..,-....----/ .- �I PO ".„N,aar.,, a "4.g.--. :tit:,i9 vuxr'nvumEa of eArw.0 ELAN COUNTY. SIN C� CONTACT:NEnN,w SIxNE / . if \ 1 ....l` PHONE:erg-942-4392 AA, `\ / / \P?,, r;/ ' {i4 HAMLET RESIDENTIAL(HR) \ HAMLET RESIDTNTIAL(HR) ......a..a C-"W \ // •4•• • dna 1h2) .”. . < w'ax"�u ox PLAN jy` •\ /r/�/ -- -4..---- .4\` .;4;494. eY'z°&' \\ I - ' .W.,KASSHOWN a `\ i / om•- ar AF \ I .""r ra.,W.a... e,an. ...ice. 7026 SITE PLAN ' Mr -r. (rmxcl 4 .. 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II 1 )'i,." \, 7 f''' -..... _ ••.•••.33O•SO•...COS 0 AO MOM NO>MM.NC mown, :117"°....:nno""".''''non,Illmfronln% or ornano no nem o•c nomonno nnvoso I/ 7 f \ 19. efr/ a .'-7.::':7'. ="„or 1:13===IC:4." .mrjr..•.........^. ifiliklitard—rta= c' -,-,-:-.. ..."-,...........---- I e" I ..- _._ / „ MOM MONO 392”0.WOOL PAP= if "Vron°7:' 1 _ i L, I / e i r, / EiT^"...z.'.1,"'''',....,:i..."1''''''r•I"`"'" L .." 4 r* / ---- Basw_seautm. ._ J:ROPITY,ra1311,11Ort 1 I • _...i.---- .... ---- e "--. 47,,,, fiti..,,,,...._,.. ,,,„ p4.17-nnco...„. v . 2 . i • , ----- 4," '.,,-.-.--- ,... aq I , I eliiiiiriim , f' I-1-4-1-1-1 I, i-i-r--r-r.m 1111111 ----- - el,' „ EI I , „.. ,,,„ Immimmill f•ii . ...SO TMO••No os•oso mo%%Vs. afttgArseoP":=RS''TaTor=onorts, 8.i I I ix g....a I—H—H—F —171-44—E—Ei II,IlIl Il [41111 'In deliiiiriiiiiii I I MI111111-I 1.IIIIIIiIIIII.i I," / z''''',. ''...-'' ''' ..,...-...o..............e...... / e" Cs.OMVO.3 nom moo. , I / 3,..... PAW./REA FOR 127 NOXIL:MOOG ..;...... .•, 1/'''' 3fC \II I / r1111 11111111111 !orilll , I 1,4^1 iii.simii.iii 1-milimil :, ,1 1 1 1 ;4_4_1 erl. . ——— L., ::-.77==, pl, I :yr I / er, .e? tril' 11141TIT 11 ttrrr th , Hfrlei_ r r 1.11 1 41 eh.'" ' . ':10, k ' ,i Ag 1..111 ,41.1 „ „ ij„, ,..,, i r f f . _,s, 0111 E11104 ,i, f f Or „ ,....-.. ...../ „ . I li 11 ,1.I '- .. / e- .- 0.- 3 irr...:Zi*".'""'''''''' '.•"'"*.' ' - - [-- . ...,,,,,..,,...... so....... 11 I 1427. . 1 'os t,...„,_ _ .,,-- "9, r'''4, , . 1 I P_MMI1E1121IMMK5:1 . 61 ' , 4„,.. PROPOSED GRAVEL . •. . '‘.4", ..= 1,„..' , , NOT DMZ ONIMIMMIS TRW IMMO NM OW 1113 DMA ONLY OR EMODS3 COMM AIO MO E MUMS der 1.01.10311L I E ••• 1 , . ' ..'----7.;rill/ ,1 •., ,,,, Al"ilik. I / , . I -.- . .. 1 . . .... . . I L. ,..._,.. _._., ............, - ....... I .... C --M. _ i,.. ...I .." m.see. . /..... ' ..Y" '''''''',coM,pt'ir, , i 'A 2'1F--— • Arli .....,,.... A ............... ''. ill ( / ....... " r. . . , ' • e, f ‘ e, 71 i)."11.-.A. ..._. _ ,..,_ • , ,...s.,L... ..,4' .....% li 3'ntir*".Trup N:•-,N. \ ....... / e .,,,, 1=t, 9.1,....* ,,,,,, :... di ''-• iiiiiieillilitio ...,,•. ...... ------- , - ....-- • 2 -47-....=..r;%I 117 0) PROPOSED INOUSTRML BOUM KARIM FOR PHIL MAUER & ASSOC. is v* ''''.--=Kileit--....,&- •L/ IR _,r,_ ,,,,,______( 3 , e.- , ,,e,....= smi.22.,,,,,,,....arm y --- ----fAr MUNICIPALITY OF OMAN ELGIN COUNTY.ONT. CONTACT:HERMAN SPIKE PRONE.519-042-4,302 \ 3,•P'S.3. 1 / ' ..; ?' Ks. .. . • • k ';P. —Orm..on SIVOPEN SIOCE133FTERT—— /--.. .--"s".... \.._„. _....,..,_ • 3'' . ..,\,., L e . ink snt PLAN ,.‹....1. .40 AND 2..HIGN SCUD MOO PENCE BUILT AT PROPERTY UNE fft-1.1.1 Pe7r1 Dann CM SI, C=+.4)..2,... err .../C. 7026 /-1 SP2 3 t Al C ENGINEERING .Loom cn sons..o.an. ,' 7--/-/q Cl- C-:--,ii 7" 6 43. m: = Grassmere _• 7.(:\,\\\\ .....uc�c Rr.m eolA �wR m wn u,x R s,n. a7,..::_ rA '...pep �• *x., R..E.w, PERSPECTIVE VIEW /, Cl TYP.SWALE SECTIONWillariggfa g 1 .°"17AP:""" �Rw NE °, W�N A,w w o�x� D ; W.�� : swam. ut 1 ® PIPE BOLLARD DETAIL �L"r \.) -•-•-"' PI.N:rm ot,.°10m� x.TS. °Ix.�uam"`°,mr-o".�„ {{�Ng PROPFRTV DFCCRIP1ION: I F +N ! _ _:-,v;.- wRr rs.s.e,.x,.m,w s.,>om.NrAR sraxE " xnar, SECTION A-A . e,..a......m.,,_.,...ax..,.a... a DRYWELL DETAIL HEAVY-DUTYKr. y" •. TYP. LIGHT DUTY ASPHALT DETAIL i,: r,n,T°RL.nn �°'"'° SILT FENCE BARRIER OPSD 219.130 N.T.x 'v4°,.i,R °scuv'aKo,xu,®,rc r.e vn,n. 1 EN(MIN) x,K m!aq, \ // /\/ /\\ -\ _. TYPICAL PROPOSED EARTH BERM SECTION ▪..▪ . ..M, ® TYP. LIGHT DUTY ASPHALT DETAIL A �1O1 ,,,� N.T.S. w.«�,., . , 1 ANDS APF NG s: GENERAL PLANTING NDTFS• x11 wrn:r olAcr rarwllara 2.Hm C/C mFe mora.0 ao...r.moo ,cRw x°u nFs mE Mmwu of ms an a � r ".."..11,111 �"om�n�Lam�, ,�,°,E�=ro:.a� \ e-1 -1-1-----------1 ,,,.ur.vm o,.a _ ,,,..:..,,,....r.:=, Rwrz .wramaR m�,.w.,.0 tio,s ,u.n°w ux. m.M„wwmxs rusr mux.wm>xE o°. VACFA T° �,.w�l`µ°muacim,°u, -\ e��eie, __ .J.... .,., •ow. to RL ro TME °,FK A°:m,° gxu,N R omN,m P '. �Fin�, ' ��a N x.rR rg,rNRum,"---m W-o o n, °,°mr m,P�.,m=.r� Mx.mw a.rr- � u��+� --I -----------1 I --r.--44.-L=-,• —moi/ r.nuc" in-- W°, arrnoarw u'sa a gym. ,x rex.,swor11"-uurcx."A omExnrs[ a.,wrtma I �M„Nm�W ____ri- z. x ''; ,..'� „ mm m ;,,.roW ��w l„µo If IIr' I� PLANT MATFRIAI S. D Iulmm°Lmu ,mmi N. „-+ � v n+v v cwv,r. ';',1i71' v v`v"”` ..0 w,.a m u., ^I' , ssusv w„e.r°ryrcrm,°uu x,,ro rrn ww wm nr a v"'n"r"... n .0 cw.7x11 rnu>r,nc°11.x°sumxs ux.,., ..wu.xu °" - ''. ..a wou.v xmou m. ' RN SPmro. r°r rn° • npAix°,`ose"""sw.�.mc I A wuam mm. .A.,...;;;.1,-L---„,r.,=:,..,-,z w,,..L _ OF l L ^':`.", :`N'.'r`r"La pa,-;,',,,,v-Ezo: —bNE Inc="iO ,v,a,... 4r a.....,.,v xx«.v... tew.�x.'wmr InnA ,°A.m... ,n°n c., INDUSTRIAL _ ION OR .7.R. - W,m Rm a°m R °°""°°'""`" PHIL BUILDINGADD &FASSOC. s o.... .,.. LR,mR..xR 5.AN DxRRRECNs ARE T°WOW,.BRW.,„ITR. -- FRONT ELEVATION SECTION - �569p EDEN SES nmRaR.Eo 2 MEL.COUNTY.ONT.M arLvuxm .xc m a MIa Nem mna'7l sw Fs xmxm,RTc. CON AECT:SMERMAN PROSEIN PROPOSES92 TREE-LINE PARALLEL TO PROPERTY UNE CONSISTING OF(17) wm n e SOLID-WOOD PRIVACY FENCE DETAIL WHITE SPRUCE'(PIC.GUUCA)TO BE NOT LESS TH.1.2BURLAP IN HEIGHT n<SIZE DETAILS AND PLA NOTES AT THE TIME OF PUNTING(CONDITION EITHER BULB AND LAP FOR Tx SMALLER TREES OR IN WIRE BASNErS FOR LARGER TREES) Pm. R.M./c.B. 7026 e TREE PLANTING DETAIL AND NOTES M.EM. s 4. RW., w G2s. B SP3 3 M C ENGINEERING A COMM v MY]ALTA,m. /147 i C/1//17'Lr? 15 3 y 13 ATTACHMENT "C" CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: Owner: This document serves to certify that the Development project on the afore-noted Lands has been completed in accordance with the terms and conditions of the Site Plan Agreement between the undersigned, as Owner, and the Corporation of the Municipality of Bayham as dated , 20_, and as authorized by By-Law No. 20 - for the said Municipality of Bayham. The undersigned makes this certification declaring it to be true and correct and as if made under oath. Dated at , Ontario this day of , 20_. Witness Signature Name of Owner (Print) Address of Owner (Mailing) Telephone Number 15xyritittivz REPORT E DEVELOPMENT SERVICES Awn i'tunity Is - TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: December 5, 2019 REPORT: DS-79/19 FILE NO. C-07/ D9.19 Hermann Roll # 3401-000-004-06110 SUBJECT: Consent Application E83/19 Hermann — 1 Foot Conveyance BACKGROUND: Three consent applications were received from the Elgin County Land Division Committee submitted by Susan Hermann and Manfred Hermann. This Report considers Consent Application E83/19 and the concurrent applications E84/19 and E85/19 are considered in separate Staff Reports. Application E83/19 is proposing to sever a 0.09 m2 (1.0 ft2) parcel of land and to retain 2472 m2 (0.6 acres) of land with the intention of adding the parcel to the abutting agricultural parcel owned by the applicant to facilitate the lot addition proposed on a concurrent consent application E84/19. The conveyance of the 0.09 m2 parcel is required to satisfy the Planning Act requirement for the merger of lands with a previously severed parcel. The subject lands are located in Concession 6 STR Lot 129, known as 57009 Heritage Line. The subject lands are designated "Agriculture" on Schedule "Al": Land Use in the Official Plan. The lands are zoned Rural Residential (RR) on Schedule "A" Map No. 9 in the Zoning By-law Z456-2003. Elgin County Land Division Committee will consider the application at the meeting scheduled for December 17, 2019. DISCUSSION: Please refer to the planner's memorandum dated November 27, 2019 for the analysis of the application against the Planning Act, Bayham Official Plan and the Zoning By-law. Staff and planner recommend Council's support of the application with the recommended conditions. Staff Report DS-79/19 Hermann 2 ATTACHMENTS 1. Consent Application E83/19 2. IBI Memorandum dated November 27, 2019 RECOMMENDATION 1. THAT Staff Report DS-79/19 regarding Consent application E83/19 Hermann be received for information; 2. AND THAT Council supports and recommends to the Elgin County Land Division Committee that Consent Application E83/19, submitted by Susan Hermann be granted subject to the following considerations and conditions: 1. Rezoning of the severed parcel 2. Planning report fee payable to the municipality 3. Digital Copy of the final survey 4. Letter of Undertaking the lands will merge with the abutting property owned by Susan Hermann and Manfred Hermann Respectfully Submitted by: Reviewed by: Margaret nderhill aul S pway Deputy ClerkiPlanning Coordinator CAOICIerk f D (_. Dr"c:: / 7 SEC Severance#1 9r1 1"x1"parcel • fElgin' COUNT OF EL t1I ^. a LAND DIVISION COMMITITE 4s e a APPLICATION FOR CONSENT 1. Name of approval authority ELGIN COUNTY LAND DIVISION COMMITTEE 2. Name of Owner Susan Hermann Address 57009 Heritage Line,Straffordville, ON NOJ 1Y0 Telephone Number 519-866-3764 Email Name of owner's solicitor or authorized agent David Roe,Civic Planning Solutions Inc. Address 599 Larch Street, Delhi,ON N4B 3A7 Telephone Number 519-582-1174 Email civicplanningsolutions@nor-del.com Please specify to whom all communications should be sent: Owners ( ) Solicitor ( ) Agent (x ) 3. (a) Type and purpose of proposed transaction: (check appropriate space) Transfer: creation of a new lot Other: mortgage/charge x addition to a lot see below lease surplus farm dwelling easement/R.O.W. technical severance 1"x1"parcel correction of title x other(specify Planning Act requirement (b) Name of person(s),if known,to whom land or interest in land is to be transferred,leased or charged: Susan Hermann and Manfred Hermann (c) If a lot addition,identify the assessment roll number and property owner of the lands to which the parcel will be added: 34010004061000000 4. (a) Location of land: Municipality Bayham Concession No. 6 STR Lot(s)No. 129 Registered Plan No. Name of Street Heritage Line Street No.and/or 911 No. 57009 Assessment Roll No. 3401000004061100000 (b) Are there any easements or restrictive covenants affecting the subject land? Yes ( ) No (x ) If Yes,describe the easement or covenant and its effect: 5. Description of land intended to be severed: (Accurate Measurements in Metric) Frontage 0.3m Depth 0.3m Area 0 0929m2 Existing Use Residential Proposed Use Agricultural Number and use of buildings and structures on the land to be severed: Existing Vacant Proposed none 6. Description of land intended to be retained: (Accurate Measurements in Metric) Frontage 56.14m Depth 45.72m P Area 2472.71m2 Existing Use Residential Proposed Use Residential Number and use of buildings and structures on the land to be retained: Existing House,garage, County of Elgin Proposed Nothing new engi^eenngeer°ice 450 Sunset Orhe 3t 0,n,&,0.,BOC EW_ Phone:519-631-1460 www elgincounty ca essive Li � r., �NBfI/Ye:' F..' r x � , .. . ._, .s^ .� ..._ lam: t..s.,aa..r�t�.�a�.,r��_•u_�j -2- 7. Number of new lots proposed(including retained lots) 0 8. Type of access for proposed and retained lot: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Provincial Highway ( ) Municipal road,maintained all year (x ) ( ) (x ) Municipal road,seasonally maintained Other public road ( ) ( ) ( ) ( ) Right Of Way ( ) Water access ( ) ( ) ( ) If proposed access is by water,what boat docking and parking facilities are available on the mainland? (specify) 9. (a) What type of water supply is proposed: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Publicly owned and operated piped water system ( ) Privately owned and operated individual well ( ) n/a ( ) Privately owned and operated communal well (x ) Lake or other water body ( ) Other means (specify) (b) If existing water supply is provided from a privately owned and operated individual/ communal well,the owner shall be required to provide written confirmation from a licensed well installer that the private well provides the quality and quantity of potable water required by Provincial standards. (Written confirmation to be attached to the Application) 10. (a) What type of sewage disposal is proposed: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Publicly owned and operated sanitary sewage system ( ) ( ) Privately owned and operated individual septic tank ( ) n/a (x ) Privately owned and operated communal septic system ( ) ( ) Other means (specify) (b) If existing sewage disposal is privately owned,the owner shall be required to provide written confirmation from a licensed septic installer that the system is in satisfactory operating condition. (Written confirmation to be attached to the Application) 11. When will water supply and sewage disposal services be available? existing services 12. What is the existing Official Plan designation(s)of the subject land? Agricultural 13. What is the existing Zoning designation(s)of the subject land? RR-11 (minimum front yard depth of 14m) -3- 14. Has the subject land ever been the subject of an application for approval of a plan of subdivision under the Planning Act? Yes ( ) No (x ) Unknown ( ) If Yes, and known,provide the application file number and the decision made on the application 15. If this application is a re-submission of a previous consent application,describe how it has been changed from the original application 16. (a) Has there been any previous severances of land from this holding? Yes (x ) No ( ) (b) If the answer to(a)is Yes,please indicate previous severances on the required sketch and supply the following information for each lot severed: Grantee's name /474-r1 , Use of parcel Date parcel created /9 9/ 17. If this application is for a lot addition,has the lot to be enlarged ever been the subject of a previous severance? Yes ( ) No (x ) If Yes,provide the previous severance File No. 18. (a) If the application involves the severance of a surplus farmhouse(through farm consolidation), please explain how it qualifies as surplus in the municipality which it is situated. 19. (a) Are there any barns within 750 metres of the proposed severed lands? Yes ( ) No (x) i) Now used for livestock? Yes ( ) No ( ) ii) Capable of being used for livestock? Yes ( ) No ( ) (b) If there are livestock barns located within 750 metres of the dwelling on the retained lands a MDS 1 calculation is required to be submitted with this application for consent pursuant to Minimum Distance Separation(MDS)document-Implementation Guideline#6. 20. Is the owner,solicitor,or agent applying for additional consents on this holding simultaneously with this application,or considering applying for additional consents in the future? Yes i No (74 21. Is the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the Minister for approval? Yes ( ) No (x ) If Yes,and known,specify the Ministry file number and status of the application 4 22. Is the subject land currently the subject of an application for a zoning by-law amendment, Minister's zoning order amendment,minor variance,or approval of a plan of subdivision? Yes ( ) No (x ) If Yes,and known,specify the appropriate file number and status of the application 23. (a) Is the application consistent with the Provincial Policy Statement 2014 issued under subsection 3(1)of the Planning Act? Yes (x) No ( ) (b) If Yes, identify policies from the Provincial Policy Statement 2014 to support this application for consent technical severance required by Planning Act 24. Is the subject land within an area designated under any provincial plan or plans? Yes ( ) No (x ) If Yes,does the application conform to or conflict with the applicable provincial plan or plans 25. The Owner/Applicant/Agent hereby authorizes Land Division Committee members and the Corporation of the County of Elgin staff to enter onto the subject property for the purpose of Site inspections with respect to this application. 26. The Owner/Applicant/Agent hereby consents to disclosure of the information contained in this Application pursuant to Section 32(b)of Bill 49,Chapter 63,S.O. 1989,being an Act to provide for Freedom of Information and Protection of Individual Privacy in Municipalities and Local Boards. 27. DETAILED SKETCH: The application shall be accompanied by a detailed sketch showing the following: - the boundaries and dimensions of the subject land,the part that is to be severed and the part that is to be retained; - the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land; - the distance between the subject land and the nearest municipal lot line or landmark,such as a railway crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial features on the subject land and adjacent lands that in the opinion of the applicant may affect the application,such as buildings,railways, roads,watercourses,drainage ditches,river or stream banks, wetlands,wooded areas; - the location of private wells and septic system must be located entirely within the boundaries of the lot to be created and shall comply with the Zoning By-Law setbacks; - the location of private wells and septic system must be located entirely within the boundaries of the lot to be retained and shall comply with the Zoning By-Law setbacks; - the existing use(s)on adjacent lands; - the location,width and name of any roads within or abutting the subject land,indicating whether it is an unopened road allowance,a public travelled road,a private road or a right of way; - if access to the subject land is by water only,the location of the parking and boat docking facilities to be used; - the location and nature of any easement affecting the subject land. -5- Dated at the Municipality of Central Elgin this s day of -September- 20 19 SIGNATUR •F APP ICANT(S),SOLICITOR OR AUTHORIZED AGENT AFFIDAVIT OR SWORN DECLARATION I/We David Roe of the of in the County of Norfolk solemnly declare that all the information contained in this application is true,and I/We make this solemn declaration conscientiously believing it to be true,and knowing that it is of the same force and effect as if made under Oath and by virtue of the CANADA EVIDENCE ACT. DECLARED before me at the ��`(( i ll, of Giil TIC h in the _ �1 this c514" �� ignature day of 4 l.Frr 20 !- Signature Susan Dianne Galloway,a ,;�,' l Commissioner,etc.,County of Elgin,for �, I The Corporation of the County of Elgin. • Commissioner,etc. If this application is signed by an agent or solicitor on behalf of an applicant(s),the owner's authorization must accompany the application. If the applicant is a corporation acting without agent or solicitor,the application must be signed by an officer of the corporation and the seal, if any,must be affixed. It is required that one copy of this application be filed,together with one copy of the detailed sketch described,with the responsible person,accompanied by a fee of— $1,250.00 in cash or by cheque made payable to TREASURER, COUNTY OF ELGIN An additional fee of$300.00 will be charged for affixing the consent stamp. Revised May 2018 • AUTHORIZATION TO APPOINT AN AGENT NOTE:This form is only to be used for applications,which are to be signed by someone other than the owner(s). To: Secretary-Treasurer Land Division Committee Corporation of the County of Elgin Description and Location of Subject Lands: 57009 Heritage Line,Straffordville,ON NOJ 1Y0 I/We,the undersigned,being the registered owner(s)of the above lands hereby authorize David Roe,Civic Planning Solutions Inc. of Norfolk County (Agents Name/Names) to: (Agents City/Town of Residence) (1) make an application on my behalf to the County of Elgin Land Division Committee; (2) appear on my behalf at any hearing(s)of the application;and (3) provide any information or material required by the Land Division Committee relevant to the application. Please Print Names in Block Letters Below Signatures Dated at the Municipality of Bayham this J`) day of ��� 20 19 Signature of► ess Sig re of er Susan Hermann Signature of Witness Signature of Owner Signature of Witness Signature of Owner ' ' e , 9 • Severance #1 _. • 1'x1'square to be severed added to farm • SKETCH TO ILLUSTRATE PROPOSED SEVERANCE rear t — KNOWN AS HERITAGE UNE PART ar (0110610$400 TOWNSHIP OF DOM (OOLINYY ROAD N . JD) Pi THE LOT 129, CONCESSION SION •S.T.R. ai.li 2 ui gt.)? MUNIACP fl9AY _. .... . _ . .-r+_ ems- :.• s r-- AIN SONE !*rano4� dRt.1�fPXi' RN�ICW OL21�! i. '� �..s. � 6 ,.�. 56.44m ..�� �. I 41.9m / oleAre 10,mu) square •(s ver) ONTARIO a `f`► mar, PAM a ad. air. i 3 • . ,, , / 242.71m2'Area • N. I ` / b retaine• rrx, asrrt o,n+rrtr�. , i,a�9'�......*•,.....0"›........ .._., l� $ p-w:.,7.-,7:,• � �(pry 45.72m I'. f 1•+`•'iVt S7cWi KViG\\ J •1 f t _ rratr�o�c , 01 Barn „ WA : ..arage s HoLse ``'' �`� f r� yam: ,,--,�, :. 1� fix, . Sever r ' /C it.' • " �(,jyRetained,(// hVAIC�V(N JI 1//- )._.....p 44,-,•-•••• 18E0 ..... .� �. WN, vib ,•••'----\ - L,a • d/:,r!'-„tlli[LU24:44v�! � MI.333,11-01RJ(U). t' • rico g 1 ter -�. . r, �_ ``""� f�`^ 254.4 acres • ' - f” `\( gv, ) `y• Parcel to be Enlarged 0 9 . r . , • • , . . , . .N.:',;., . • i: ••., '.r,',,,,, ' - -- 1 :.::,.,••:.7..:::, . , . • Severance#1 .. • 150square to be severed added to farm • . . . . I .. ' . . SKETCH TO ILLUSTRATE PROPOSED SEVERANCE , Of PRO'OF . LOT 129, CONCESSION S.T.R. TALBOT ROAD-KNOW AS HERITAGE ME (0600MOMOO 101111840 or IMMO MOUNT ROAD No.38) 01 TV4 . PAM 363a.40064 .....0 . MUNICIPALITY OF BAYI04.14 COUNTY OF ELGRI • -cisper Zrirprnonw inex 01.2.1 56..4m Ilifeelet „.:MIL Toll Gate Rd. 1 41.9m ' "I•iip: .• . J.. J.ANEW SO114 ).(1 s uare(s,ver) OMMIO IMO=MOP I 1 %. Barn / "1-1.o:se '''''''' . .. / • add to am, PAnr I . Ma, . el Nmor4in;Ig i 2, 2.71m:Area . . . • etaine •.-• .' • / g .-. •S AM,3.11.7170.110 . 0,0- • -*-----/ . i, ,wezzt,.,' 45.72m • • ../ • WRI.2 '-',..12Y..? ,Ir2,122WIrat..1, ifif *'' Barn : 7-Th ,••••,,,,,,,,,,,,,s,,, ,i. .,,,Mg. ::' On . t: L' ,,,arage ' • , •/ Sever Retained m ' /- ,,,,i) ., , ( ,-.)(•-?__,_ 1.•,........,..,,,,....,.' ''',-----”" `'.. -'I ''' PAX.1.020,010.1(0) . 1 ')--- \-- .. • I no I. 1 igfki°•...1 SilOS• ; • r .. e • . . 1 , . . \(.) ''',\ Parcel to be Enlarged 254.4 acres 9 . . . . •0 • ., it',4tW Shed .' . t, ....• I ' , gem ZIPIMMA A MAY IA WWI Mt aleainittn . Vi • • . ! SAMILISARMIAMITAti"&""i'm"c"i"* . . . NM 5nersgareettigrannw-az • / ---. . .• .....„..........Yr/t..,NO 0 • ° ° arlanOpiet% • ON7ARIO°WerliVEYORS LONDON,MAW Yet MO)073-020 Fox(MO)en-tal wricadondlitts. a tonvrr SW PK PAWN St as In.Ikt 17.2131a JP.I.am. • • . . .... . • • . • . . Public :.• Sante Public Health Laboratory-London - Healthpubii tee 850 Highbury Ave.,5th Floor Ontario , Ontarin London,ON N5Y 1A4 Bacteriological Analyst%of Drinking Water for PrNate Citizen,Single Household Only Analyse bsct rtologique de reeu potable-Pare utters,Menages unifamlllaux asuiament Pick Up Suborners Name end Malting Address/ • Nom N adrenal postal,ds l eutaur d•b domande d'anayss Loeatlon of Wats Source/ . ...t.,-,---e.......,.a. , _:,,....- Emplacement do b source eau SUSAN HERMANN �-r_. �.=7...,,e.47.4-C, r:c ac r,C.',7,jt •'- .ta._,=-,s:;,::,zeae..._,als 129 d �tri00$ 57009 HERITAGE UNE 1:,€-M{,1,es`'IA' 1' ?`nkel3:e RRt 57009 HERITAGE UNE RR STRAFFORDVTL 1 LEr ON N0.!1Y0 BAYHAM ON N0.)1Y0 G:v:r?/t 0,74 ELGIN • !--..7,;.,is;:..,‘,..--?,..:..s,-.#4913 Specimen details I Details sur Pechanimon: Barcode 1 Code a bevies;011168329 Phone s/if Mi.:519 8509153 R" ion system used(e.g.WN trade,etc.)?.) No I Hoo Systems deputation mot(p.ex.rayons W,Statim,ete.yl Coserrtiaa cosseted I oseenerw du pretaymnenei 2019-1024 09:30:00 Authorized by/Autorta per Deanne Received I Detallhsr re Rucu ler:2019.1024 15:09:00 Chief,Medical Microbiology or Designate Specimen Nota I Note sur reeltarttgbn: This specimen Was received vs good condition unless dhenviae stated/A mons cave contralto,rechenttlen Het en bonne condition au moment de la rSapton. Teat results I Resuttats d'analyse: Total Conform CFU/100 mL l Collformes totaux UFC/100 mL 0 E.00li CFU/100 mit E.wli.UFC1100 mL 0 Interaretation/Interpretation: There is no evidence of fecal contamination.If the results show the presence of caroms I may be indicative of a contaminated water supply.Given the vulnerability of well water to external influences,it is important to test water frequently.Consult local health unit for information if required. II ray a aucune preuve de contamination fatale.Si les resultats indiquent la presence de cordomres, stela peat else revelateur dune source d'eau pollute.L'eau des pults etant susceptible d'être degradae par des facteurs extemes,II en Important de la faire analyser frequemment.Consultez le bureau local de sante publique pour plus de details,si necessalre. Dais ofAnaysis I Date de farelyee: 2019+40424 Date Read/Analyse errata*I.2019.10.26 • Please Note/Priers de notes c•quriult: IThos restate net.«sty to Se earn*tested./to rdeitat obtnu se rapport,statement i cat d dwrSion dean smyee. Mots:This wrrler sample was troy teeled ter to presents dboar Total Coatonm end E.col(ISOAEC 17025 asaaeddled tests)bacterial bdicab s or mnramYraon by Nsrrrbrrr.Filtration.The sample was not lewd for over conbarinanta Inducing thorniest seienrbxee,and aereate may to orale b deter even aeon Sero 4 no dgrsaarsevidences ardwarfed Wrdartirason.ConedyourtoadWbichedhfuntkrbrlornw5ononbeansforMertorirdnrMfRera sCatstleMabndeoun'a Ma snake*qua pa►dsoster(par un leborab6a aoaadla mnbrmirtwd a la mane 15011EC 17025)le preserra des colbmw Ware el des Wean*coabednates• Ina:men de contaminant)per Simeon err membrane.L'ddtrd dal n'e pm at testi par dates conterninante,y comp%les oontsmasnb etrtq es et Der toes f Quare,reeu pent ate"room ala arrametlon tams tmsqui rtes a auane pram sgdnahe de contamination badtrwse.Willa co mmu:aravec le Wanda Selli praeghe de vote beta*pour VOA uwselg ler au Mild ds raneyse Yard a Macaw Is presence d'eubes oartsrMwrte. alto reported dant infor eaon does not match the inFmrWlen you suppled on the kern plass contact the PMO Customer Servkoe Centra Tibphone:1.1377•8044567 or 4162364566o,Enrsl;cutionwserAcocentriagoelipp.os.For operand harm east our water%www.putektwRw ito.6Maba/Silas Mamsdora our le dent bogies no canepordent pea lar 0rkmraeorr quo vas sex deumles sur le formate,Valera com uniquer avec Ie Service a I.aortae de SPO per eaccio a au 1- 877.844567 ou 415-236$556,on per pelmet BY GUSIeMerleskeabefreasehpp.Ca.Pae*mare its reuse d anart r%wad coater note eke Nab a ware pubac erlYnrhrio-OMNe. . End Ofreport/Ftn du rapport _. Alt time values ars EST/EDT/raRes be hoses sent exptk des en NNE au se ME . .- — _�_.�.--- "--_•.�. hmc ems.,..a.ae,..Kne ih PUMPS CONTRACTORS LICENCE-009.' PRESSURE SYS[EMS DATE: OG r.; /C., 2 c/ R.R.#6 '(519)842--9116 TR.LSONBURO ONT.N40 409 • WATER WELL INSPECTION REPORT CUSTOMER: // ,Q m 4tAIAI S✓s PJV ADDRESS: 70 07 l}E-r7.130' ,&1NE CON: LOT: hi PHONE: —eE6 WELL TYPE DEPTH g $17F 5- STATIC STATIC LEVEL /Z _GPM $ - AGE iki FROM SEPTIC TANK -PUMPING SYSTEM 5-)Y17 4)(-1 Ltjt:l-L PUMP TYPE SIZE E/ DEPTH- - • DROP PIPE SIZE % . PIPE TO HOUSE ST234/r f AGE /Y WATER QUALITY .Sd jr:Tv,:- WATER WELL RECORD ),:i9 t- • . . REMARKS EA • tics Inspection Date: October 11,2019 Tank Size: 800 Gallons Job Site Address: 57009 Heritage Line Status: Good Straffordville,ON To Whom It May Concern, A septic tank inspection was completed at the above stated address. The technician found that the levels in the tank were normal. The baffles are in place.The tank installed in 1986 has 800 gallon capacity and is in good shape.The Field bed area has 5 runs of 60 feet each. There were no signs of breaking out in the field bed area. The septic system appears to be working as it should and will support the proposed building adjustments as no additional bedrooms or bathrooms are being added. There is more than sufficient clearance from the bed/tank as the addition proposed will be towards the back of the house. Exact Septics Inc.is not liable for any issues arising atter date of inspection. Dan Friesen f Exact Septics Inc. BCIN#13545 . Exact Septics inc. S'^s c� �kr rn«nn 43870 Talbot Line 5?0`5? t.je4-s i-�.se i.a� • St Thomas ON N5P 357 5 r.a c•s)fc,4 ri :r e__ SEPTIC TANK QUESTIONS _ �� Are the risers watertight with no visible leaks? DYes DNo 011-0-tPresent , Are the risers free of cracks or visible damage? DYes DNo ._ R6Present Is the tank free of strong,overpowering odor? DNo Where is the liquid level in the tank? I��At ase of Outlet Pipe DAbove DBelow 12 Does the scum layer look like living,healthy soil? ' s DNo Can you clearly see baffles above the scum layer? 2Y�s' a No Is the scum layer well below lid opening? g�Yes O No Are baffles free of clogs and leaks around the seals? I�IYes D Na (If concrete—Is it intact and not corroded?) inlet Outlet Scum and Sludge Measurements Scum = " Scum = Sludge = Sludge = Total = " Total = Did you clean the outlet baffle filter? DYes D�No °� `�se.�I Does your tank need pumping? )_DYE Imo/ PUMP TANK QUESTIONS Is the riser water tight and free of cracks and damagb? DYes DNo ©Not Present Is the pump tank free of solids? DYes ONo Is the pump tank free from corrosion or damage? DYes DNo . Is the electrical junction box intact and free of Dyes DNo corrosion and damage to the wires? Are the floats attached to the float tree and not hung DYes DNo DNot Present upon anything? If there's a basket screen present,is it intact DYes DNo DNot Present and not collapsed? Does the alarm sound when the alarm float is lifted? ❑Yes DNo DNot Present Is the control panel free of leaks,corrosion or DYes ONo loose wires? 1 Did you change the battery in the control panel? Dyes DNo DNot Present IBI GROUP West 0 Lond nSON N6H 1T3et Canada tel 519 472 7328 I ibigroup.com Memorandum To/Attention Municipality of Bayham Date November 27, 2019 From Paul Riley BA, CPT Project No 3404-743 cc William Pol, MCIP, RPP Subject Susan Hermann- 57009 Heritage Line-Application for Consent E83/19 1. We have completed our review of the consent application submitted by Susan Hermann for lands located at 57009 Heritage Line, south side and west of Toll Gate Road. The applicant is requesting consent for severance of 0.09 m2 (1.0 ft2) of land and to retain 2,472 m2 (0.6 acres) of land. The intent is to add the severed lands to the abutting agricultural parcel owned by the applicant in order to facilitate the enlargement of the retained lands, by way of concurrent consent application E84/19, in order to satisfy the Planning Act requirement for the merger of lands with a previously severed parcel. The lands are designated "Agriculture" on Schedule "Al": Land Use in the Official Plan. The lands are zoned Rural Residential (RR) on Schedule "A" Map No. 9 in Zoning By-law Z456-2003. 2. Three consent applications have been received relating to the subject lands and the lot addition lands known as 57237 Heritage Line. Consent application: E83/19 proposes lot addition of 0.09 m2 from the 57009 Heritage Line parcel to the 57237 Heritage Line parcel to facilitate changes to the boundaries of the residential parcel; E84/19 proposes lot addition to enlarge the residential parcel to include a shed, well and grassed area used by the residence; and, E85/19 proposes to split the 57237 Heritage Line agricultural parcel into two separate farm parcels. Separate memorandum has been prepared for each application. 3. The severed lands are vacant and have lot frontage of 0.3 m (1 foot) and lot depth of 0.3 m (1 foot). The retained parcel has a lot frontage of 56 m (183 feet) and a lot depth of 45 m (147 feet). The parcel comprises a single detached dwelling and a detached garage. The lot addition lands comprise 2 barns, a weigh scale and several silos and the remainder is cultivated fields and woodlots. Surrounding uses are agriculture to the south, east and west and agriculture and residential to the north. At the corner of Heritage Line and Toll Gate Road there is a dwelling on a separate lot used as the office for the grain drying facility on the severed lands. 4. Planning Act Section 50 subsection (12) provides for an exception available to the approval authority for an exception for subsequent conveyance of a parcel of land by consent in respect of Subsections 50(3) or 50(5). A parcel created by consent can be conveyed any number of times if there are no changes to the boundaries, known as"once IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—November 27,2019 a consent, always a consent", however,the proposed lot addition and concurrent consent application E84/19(lot addition) may be granted by the approval authority for conveyance of a portion of the lands consistent with the Planning Act. 5. The Municipality of Bayham Official Plan Section 2.1.9 Minor Lot Adjustments permits consents to sever and convey land in areas designated "Agriculture" for minor lot additions provided non new conveyable lot is created. The lot addition does not create a new lot, therefore, the proposed consent is consistent to the Official Plan. 6. The subject lands are located in the Rural Residential (RR)zone in zoning By-law Z456- 2003. The severed lands are to be added to the agricultural parcel zoned Special Agricultural (A2), therefore, a rezoning from RR to A2 is required. The addition lands have adequate lot area and lot frontage for the A2 zone. The retained frontage of 56 m for the retained lands is in conformity with the required lot frontage. The retained lands lot area is below the required minimum in the RR zone where 2,472 m2 is provided and 4,000 m2 (1 acre) is the required minimum. Consent application E84/19 proposes to add lands to the retained parcel to lot area above the required minimum. 7. Based on the above review of consent application E83/19 we have no objection to the proposed consent and recommend the following conditions for consent approval: a) That the applicant merge the severed lands on title with the addition lands at 57237 Heritage Line. b) That the applicant rezone the severed lands consistent with the addition lands Special Agricultural (A2)zone. c) That the applicant provide a Planning Report Fee payable to the Municipality of Bayham. IBI Group Paul Riley, CPT Consulting Planner to the Municipality of Bayham voNICH.44 REPORT o ,cc.) DEVELOPMENT SERVICES ul'tunity Ism TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: December 5, 2019 REPORT: DS-80/19 FILE NO. C-07/ D9.19 Hermann Roll # 3401-000-004-06100 SUBJECT: Consent Application E84/19 Hermann — Lot Addition BACKGROUND: Three consent applications were received from the Elgin County Land Division Committee submitted by Susan Hermann and Manfred Hermann. This Report considers Consent Application E84/19 and the concurrent applications E83/19 and E85/19 are considered in separate Staff Reports. Application E84/19 is proposing to sever a 5,823 m2 (1.4 acres) parcel of land and to retain 100.2 ha (252.9 acres) of land with the intention of adding the parcel to the abutting residential parcel at 57009 Heritage Line owned by the applicant as a lot enlargement. The subject lands are located in Concession 6 STR Lots 129 & 130, known as 57237 Heritage Line. The subject lands are designated "Agriculture" on Schedule "Al": Land Use in the Official Plan. The lands are zoned Agriculture (Al-A) and Special Agricultural (A2) on Schedule "A" Map No. 9 in the Zoning By-law Z456-2003. Elgin County Land Division Committee will consider the application at the meeting scheduled for December 17, 2019. DISCUSSION: The proposed lot addition is made possible through the approval of the concurrent consent application E83/19 whereby a 1 foot by 1 foot parcel is conveyed to the subject lands to be consistent with the Planning Act. Staff and planner wish to address the proposed size of the severed parcel. For consistency with past lot creation approvals, one considers the PPS 2014 Section 2.3.4 Lot Creation and Lot Adjustments and Official Plan Section 2.1.7 Lot Creation policies for residential uses, which limits the severed lot size to only that which is necessary to support the private services and Staff Report DS-80/19 Hermann 2 retaining as much agricultural land as possible. The proposed lot addition is larger than necessary for private services. The excess area may be grassed but could be retained and returned to a workable state with the surrounding farm. Please refer to the planner's memorandum dated November 27, 2019 for a complete analysis of the application against the PPS, Bayham Official Plan and the Zoning By-law including a recommended lot configuration to reduce the lot addition. Staff and planner recommend Council's support of the application with the recommended conditions. ATTACHMENTS 1. Consent Application E84/19 2. IBI Memorandum dated November 27, 2019 RECOMMENDATION 1. THAT Staff Report DS-80/19 regarding Consent application E84/19 Hermann be received for information; 2. AND THAT Council supports and recommends to the Elgin County Land Division Committee that Consent Application E84/19, submitted by Susan and Manfred Hermann be granted subject to the following considerations and conditions: 1. Consider reducing the proposed lot addition size to the lands to the rear of the existing lot including the shed and grassed area and to include only those lands east of the dwelling necessary to ensure the well is within the parcel resulting in the proposed eastern portion shown as a fenced area to remain agricultural 2. Rezoning of the severed parcel 3. Planning report fee payable to the municipality 4. Digital Copy of the final survey 5. Letter of Undertaking the lands will merge with the abutting property owned by Susan Hermann Respectfully Submitted by: Reviewed by: 6( - 9(1,72 Margaret'Underhill aul h.sway Deputy Clerkplanning Coordinator CAOICIerk LDC Vic �7// Severance#2 Boundary Adjustment sE V V EL) o _ F OV 1 2 2019 APPLICATION FOR CONSENT .-.r= 4 > 9 1. coli@ 29grrval -uthority ELGIN COUNTY LAND DIVISION COMMITTEE ND S . ril,io a'EE Susan Hermann and Manfred Hermann Address 57009 Heritage Line,Straffordville, ON NOJ 1Y0 Telephone Number 519-866-3764 Email Name of owner's solicitor or authorized agent David Roe,Civic Planning Solutions Inc. Address 599 Larch Street,Delhi, ON N4B 3A7 Telephone Number 519-582-1174 Email civicplanningsolutions@nor-del.com Please specify to whom all communications should be sent: Owners ( ) Solicitor ( ) Agent (x ) 3. (a) Type and purpose of proposed transaction: (check appropriate space) Transfer creation of a new lot Other: mortgage/charge x addition to a lot lease surplus farm dwelling easement/R.O.W. technical severance correction of title other(specify (b) Name of person(s),if known,to whom land or interest in land is to be transferred,leased or charged: Susan Hermann (c) If a lot addition,identify the assessment roll number and property owner of the lands to which the parcel will be added: 34010004061100000 4. (a) Location of land: Municipality Bayham Concession No. 6 STR Lot(s)No. 129 Registered Plan No. Name of Street Heritage Line Street No.and/or 911 No. 57237 Assessment Roll No. 3401000004061000000 (b) Are there any easements or restrictive covenants affecting the subject land? Yes ( ) No (x) If Yes,describe the easement or covenant and its effect: 5. Description of land intended to be severed: (Accurate Measurements in Metric) Frontage 33.8m Depth 95.6m Area 1.43 ac/5823.74m2 Existing Use Agricultural Proposed Use Residential Number and use of buildings and structures on the land to be severed: Existing Shed Proposed none 6. Description of land intended to be retained: (Accurate Measurements in Metric) 2C2_ f9/ Depth 1645m Area 24-4 acres 739.7m (max) Existing Use Agricultural Proposed Use Agricultural Number and use of buildings and structures on the landt be retained: Existing 2 barns,weigh scale,silos,C ..2�04^a-� County of Elgin Proposed Nothing new 45OSengineering 450 Sunset Drive 3L Tomas,Du NA 3V: Phone:519-631-1450 www.elgincounty.ca Progressive by Nature ; -2- 7. Number of new lots proposed (including retained lots) 0 8. Type of access for proposed and retained lot: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Provincial Highway ( ) ( ) Municipal road,maintained all year (x ) (x ) Municipal road,seasonally maintained ( ) ( ) Other public road ( ) ( ) Right Of Way ( ) ( ) Water access ( ) ( ) If proposed access is by water,what boat docking and parking facilities are available on the mainland? (specify) 9. (a) What type of water supply is proposed: (check appropriate space) TYPE No water on lands PROPOSED LOT RETAINED LOT Publicly owned and operated piped water system ( ) ( ) Privately owned and operated individual well ( ) ( ) Privately owned and operated communal well ( ) ( ) Lake or other water body ( ) ( ) Other means (specify) (b) If existing water supply is provided from a privately owned and operated individual/ communal well,the owner shall be required to provide written confirmation from a licensed well installer that the private well provides the quality and quantity of potable water required by Provincial standards. (Written confirmation to be attached to the Application) 10. (a) What type of sewage disposal is proposed: (check appropriate space) TYPE No septic system on lands PROPOSED LOT RETAINED LOT Publicly owned and operated sanitary sewage system ( ) ( ) Privately owned and operated individual septic tank ( ) ( ) Privately owned and operated communal septic system ( ) ( ) Other means (specify) (b) If existing sewage disposal is privately owned,the owner shall be required to provide written confirmation from a licensed septic installer that the system is in satisfactory operating condition. (Written confirmation to be attached to the Application) 11. When will water supply and sewage disposal services be available? no water or septic required 12. What is the existing Official Plan designation(s)of the subject land? Agricultural 13. What is the existing Zoning designation(s)of the subject land? A2 -3- 14. Has the subject land ever been the subject of an application for approval of a plan of subdivision under the Planning Act? Yes ( ) No (x ) Unknown ( ) If Yes, and known, provide the application file number and the decision made on the application 15. If this application is a re-submission of a previous consent application,describe how it has been changed from the original application 16. (a) Has there been any previous severances of land from this holding? Yes (x ) No ( ) (b) If the answer to(a)is Yes, please indicate previous severances on the required sketch and supply the following information for each lot severed: Grantee's name Susan Hermann Use of parcel Residential Date parcel created September 1991 17. If this application is for a lot addition,has the lot to be enlarged ever been the subject of a previous severance? Yes (x ) No ( ) If Yes, provide the previous severance File No. September 1991 18. (a) If the application involves the severance of a surplus farmhouse(through farm consolidation), please explain how it qualifies as surplus in the municipality which it is situated. 19. (a) Are there any barns within 750 metres of the proposed severed lands? Yes ( ) No (x ) i) Now used for livestock? Yes ( ) No ( ) ii) Capable of being used for livestock? Yes ( ) No ( ) (b) If there are livestock barns located within 750 metres of the dwelling on the retained lands a MDS 1 calculation is required to be submitted with this application for consent pursuant to Minimum Distance Separation (MDS)document-Implementation Guideline#6. 20. Is the owner,solicitor,or agent applying for additional consents on this holding simultaneously with this application,or considering applying for additional consents in the future? Yes (x ) No ( ) 21. Is the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the Minister for approval? Yes ( ) No (x ) If Yes, and known,specify the Ministry file number and status of the application -4- 22. Is the subject land currently the subject of an application for a zoning by-law amendment, Minister's zoning order amendment,minor variance,or approval of a plan of subdivision? Yes ( ) No (x ) If Yes, and known,specify the appropriate file number and status of the application 23. (a) Is the application consistent with the Provincial Policy Statement 2014 issued under subsection 3(1)of the Planning Act? Yes (x) No ( ) (b) If Yes, identify policies from the Provincial Policy Statement 2014 to support this application for consent Minor boundary adjustment to reflect existing use of lands 24. Is the subject land within an area designated under any provincial plan or plans? Yes ( ) No (x ) If Yes,does the application conform to or conflict with the applicable provincial plan or plans 25. The Owner/Applicant/Agent hereby authorizes Land Division Committee members and the Corporation of the County of Elgin staff to enter onto the subject property for the purpose of Site inspections with respect to this application. 26. The Owner/Applicant/Agent hereby consents to disclosure of the information contained in this Application pursuant to Section 32(b)of Bill 49,Chapter 63, S.O. 1989, being an Act to provide for Freedom of Information and Protection of Individual Privacy in Municipalities and Local Boards. 27. DETAILED SKETCH: The application shall be accompanied by a detailed sketch showing the following: - the boundaries and dimensions of the subject land,the part that is to be severed and the part that is to be retained; • - the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land; - the distance between the subject land and the nearest municipal lot line or landmark,such as a railway crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial features on the subject land and adjacent lands that in the opinion of the applicant may affect the application,such as buildings, railways,roads,watercourses,drainage ditches, river or stream banks, wetlands,wooded areas; - the location of private wells and septic system must be located entirely within the boundaries of the lot to be created and shall comply with the Zoning By-Law setbacks; - the location of private wells and septic system must be located entirely within the boundaries of the lot to be retained and shall comply with the Zoning By-Law setbacks; - the existing use(s)on adjacent lands; - the location,width and name of any roads within or abutting the subject land,indicating whether it is an unopened road allowance,a public travelled road,a private road or a right of way; - if access to the subject land is by water only,the location of the parking and boat docking facilities to be used; - the location and nature of any easement affecting the subject land. Severance#2 Boundary Adjustment SKETCH TO ILLUSTRATE PROPOSED SEVERANCE a Huta Q LOT 129.CONCESSION S.T.R. octo.m rarlmm a WW1* N M 1• afUN/CIPALOY°F&nom' 11101CIPALRY Or EONS • TOLL GATE ROAD cow/OF q to be merged with farmStlar ROAD A40WAN O �rx ov wrs qsa tr qZs 1'x1's uare " t L._7 T T 4' O.mu.mwn s Yh. laeml 971.75m" • 1i ;anon Barn Agric lural Land ��� '••\, 57009 and 57236 rain Operation Heritage Line :�':_doSeverance#1 • Silos - ,1 g 1'x1'square 8t, V i� 1. 't art' la 73.9 acres 47.4m ''r. t , 56.14m Severance#3 `S jarag4 (2472.61 m2) • Farm Split ��s ed \ h0 °i 1 Lot to be 2.05ac Severance#2 \ ',6.‘ after boundary adjustment 348.4m / BoundaryAdjustment e90 5823.74m2� t / °o� ' 43a -- H 95.6m \\\ Agricultural Land ° - Sever r ' 'zo Retain //� ' 9e 1 ".v� a,. 50.5m R\ ?°9' \ Ali rpond Agricultural Land \ ..............WM• Y /994.. \ Agricultural Land 180.5 acres547.3 ,\ • ' / ,\ , Retained Lands (nob ridings) • \ 1 1645m depth of retained parcel iaia Ca' :'tr4.5"b.Cam`"'°*'"°m cAvnox: :t „R mr��•� / . • / I Canon*Dietz oKanw vEyogs• g • Tx(Ely(73.011» l4 Wi 0 WOO r...r�an.4". o a.ne.w' t*011n of IRAN s a Ina o snu ls.+.e awns 6 l; i • -5- Dated at the Municipality of Central Elgin Nom, this `J :ay of 37' 20 19 ./ SIGNATURE OF APPLICANT(S),SOLICITOR OR AUTHORIZED AGENT AFFIDAVIT OR SWORN DECLARATION I/We David Roe of the of in the County of Norfolk solemnly declare that all the information contained in this application is true,and liWe make this solemn declaration conscientiously believing it to be true,and knowing that it is of the same force and effect as if made under Oath and by virtue of the CANADA EVIDENCE ACT. DECLARED before me at the fluicxd *y of _ _ • 11�, in the COUV l 1 E..l n this G S41 day of l "!A r Signature i 20 l tSignature SusanDianne Galloway,a of EI in,for Commissioner,etc.,County 9 The Corporation of the County of E19indie aial Expires January 6,2020, A ommissioner,etc. If this application is signed by an agent or solicitor on behalf of an applicant(s),the owner's authorization must accompany the application. If the applicant is a corporation acting without agent or solicitor,the application must be signed by an officer of the corporation and the seal, if any, must be affixed. It is required that one copy of this application be filed,together with one copy of the detailed sketch described,with the responsible person,accompanied by a fee of— $1,250.00 in cash or by cheque made payable to TREASURER, COUNTY OF ELGIN An additional fee of$300.00 will be charged for affixing the consent stamp. Revised May 2018 • AUTHORIZATION TO APPOINT AN AGENT NOTE:This form is only to be used for applications,which are to be signed by someone other than the owner(s). To: Secretary-Treasurer Land Division Committee Corporation of the County of Elgin Description and Location of Subject Lands: 57237 Heritage Line,Straffordville,ON NOJ 1Y0 I/We,the undersigned, being the registered owner(s)of the above lands hereby authorize David Roe,Civic Planning Solutions Inc. of Norfolk County to: (Agents Name/Names) (Agents City/Town of Residence) (1)make an application on my behalf to the County of Elgin Land Division Committee; (2)appear on my behalf at any hearing(s)of the application; and (3)provide any information or material required by the Land Division Committee relevant to the application. Please Print Names in Block Letters Below Signatures Dated at the Municipality of Bayham this I v day of Gepterainsr 20 19 Signature of Witness ignature of ner Susa' nn OA oft Signature of Witness ignature of Owner Signature of Witness Signature of Owner AFFIDAVIT OF EXECUTION Maryann BalaZS of the Town of Tillsonburg,in the County of Oxford, and 1 Kate Hawley of the Town of Tillsonburg,in the County of Oxford, MAKE OATH AND SAY/AFFIRM. 1. On January 3rd,2017,we were both present at the same time and saw the attached power of attorney executed by Manfred Otto Hermann and we signed the document in the grantor's presence as attesting witnesses. 2. At the time we witnessed the execution of the power of attorney we were both eighteen years of age or older. 3. We have no reason to believe that the grantor is incapable of giving a power of attorney. 4. We are not: (a) the attorney(s)named in this power of attorney nor a spouse or partner of the named attorney(s); (b) a spouse or partner of the grantor; (c) a child of the grantor or a person whom the grantor has demonstrated a settled intention to treat as his or her child;or (d) a person whose property is under guardianship or who has a guardian of the person. SWORN/AFFIRMED by the above-mentioned ) deponents before me at the Town of Tillsonburg, ) in the County of Oxford, ) r G r on JanOiy� , 2017. I + • Cannily "a• I for Takin ffidavits 0 . � 9 8 aI , CONTINUING POWER OF ATTORNEY FOR PROPERTY-(SHORT FORM) (PAGE 1 OF 3) Amended APRIL 1995 CONTINUING POWER OF ATTORNEY FOR PROPERTY -- (SHORT FORM) THIS CONTINUING POWER OF ATTORNEY FOR PROPERTY is given by MANFRED OTTO HERMANN of the Municipality of Bayham, in the County of Elgin APPOINTMENT 1. I APPOINT my spouse, SUSAN ISABEL HERMANN to be my attorney(s)for property,and I authorize my attorney(s)to do,on my behalf, any and all acts, which I could do if capable, except make a will, subject to any conditions and restrictions contained herein. My attorney(s) shall have the authority to act as my litigation guardian,if one is required to commence,continue, defend or represent me in any court proceeding. SUBSTITUTION 2. If the above appointed attorney(s) refuse(s)to act, or is or are unable to act by reason of death,court removal,becoming incapacitated or resignation, I SUBSTITUTE AND APPOINT TOBI ERIKA STEW AND KEITH CLARKE HERMANN,jointly if the above appointed attorney(s) refuse(s) to act, or is or are unable to act by reason of death,court removal, becoming incapacitated or resignation, I SUBSTITUTE AND APPOINT my son, MANFRED STEPHEN HERMANN AND JAMES RAYMOND MORGAN,jointly to act as my attorney(s)for my property, in the place of any attorney(s)appointed in paragraph 1 hereof who refuse(s) or is or are unable to act. The substituted attorney(s)shall,if able and willing to act,thereafter be my attorney(s)for property, together with any attorney appointed in paragraph 1 hereof who is able and willing to act and I authorize him,her,or them thereafter to do, on my behalf,any and all acts which I could do,if capable,except make a will,subject to any conditions and restrictions contained herein. CONTINUING POWER OF ATTORNEY FOR PROPERTY-(SHORT FORM) (PAGE 2 OF 3) Amended APRIL 1995 -2- CONTINUING POWER 3. It is my intention and I so authorize my attorney(s) that this authority shall be exercised immediately pursuant to sections 7 and 14 of the Substitute Decisions Act FAMILY LAW ACT CONSENT 4. If my spouse disposes of or encumbers any interest in a matrimonial home in which I have a right to possession under Part II of the Family Law Act, I authorize the attorney(s)named in this power of attorney for me and in my name to consent to the transaction as provided for in clause 21(1)(a)of the said Act. CONDITIONS AND RESTRICTIONS 5. NIL EFFECTIVE DATE 6. This continuing power of attorney for property comes into effect as of the date of execution set out below. CONTINUING POWER OF ATTORNEY FOR PROPERTY-(SHORT FORM) (PAGE 3 OF 3) Amended APRIL 1995 -3- REVOCATION 7. Any prior power of attorney for property or any power of attorney which affects my property given by me, except a power of attorney given to a bank or financial institution for the purpose of transacting my business with that bank or financial institution, is hereby revoked. COMPENSATION B. My attorney(s) may take compensation out of my property for any work done in connection with this continuing power of attorney for property by him,her,or them, in accordance with the prescribed fee scale established pursuant to sections 40(1) and 90 of the Substitute Decisions Act for the compensation of attorneys under a continuing power of attorney. Executed at Tillsonburg, Ontario this 3rd day of January,2017, in the presence of both witnesses,each present at the same time. r 1 ) Witness ) Maryann Balazs ) ) Print name ) ) 65 Bidwell Street ) Tillsonburg, ON N4G 3T8 ) ) ) ness ) ral�rIe� ) 0... �► x c 1 d Otto Her Print name ) ) 65 Bidwell Street ) Tillsonburg, ON N4G 3T8 ) NOTARIAL CERTIFICATE OF TRUE COPY-SHORT FORM CANADA ) To all whom these Presents Province of Ontario ) may come,be seen or known To Wit ) I, JAMES RAYMOND MORGAN a Notary Public, in and for the Province of Ontario, by Royal Authority duly appointed, residing at the Town of Tillsonburg,in the County of Oxford, in said Province, Do Certify and Attest that the paper-writing hereto annexed is a true copy of a document produced and shown to me and purporting to be the original CONTINUING POWER OF ATTORNEY FOR PROPERTY dated the 3rd day of January,2019 of MANFRED OTTO HERMANN. The said copy having been compared by me with the said original document, an act whereof being requested I have granted under my Notarial Form and Seal of Office to serve and avail as occasion shall or may require. In Testimony Whereof I have hereto subscribed my name and affixed my Notarial Seal of Office at the Town of Tillsonburg,in the County of Oxford, Province of Ontario,this 24th day of July,2019. 1111/11 0/77 A Notary Public in and for the Province of Ontario 1 ELGIN MAPPING5;7(x).,:..: r Cid w � ar Heritage Severance#2 y r+ wat:�a:c�x- l I. l ` l j l Legend ❑ Elgin Parcels 47.3mn Boundary t "'r 111/11 _-_^ — 1, Elgin Road Network ! = Elgin Road Network illm ,11' �M! "► ye = Elgin Road Network 41.•m . 1$U.538c Sever t\\ Retained 2'''4, .25m •45.5m / retain 71.75M r i IA )111 /AiP. 1:18,056 0 Notes j; 0.9 0 0.46 0.9 Kilometers This mapis a usergenerated static output from an Internet mapping site and is for t i utP PP 9 reference only.Data layers that appear on.this map mayor may not be accurate, WGS 1984 Web Mercator_Auxiliary_Sphere current or otherwise reliable. ©Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION SKETCH TO ILLUSTRATE i• Severance#3 Farm Split • H„SCE 0 -- LOT 129. CONCESSION S.T.R. (aO u,ei ae a.awp a M t, IANAG(PALRY OF&OWN" wxlCaunr OF BMW ROAD ALLOWANCE EO LOTS 12 8&129TOLL GATE ROAD caw,Cf° GIN " nu tonW 1'x1'squareto be merged with farm , t ,�"`. 971.75m n \ r J.neat*a.e, �� H WNW.1:1s mw. Barn • .9,11, , 57009 and 57236 Agricultural Land Grain Operation \1< ' \y \ Heritage Line ", �'.�\'' Severance#1 • • Silos \4,1.9 1'x1'square -� 73.9 acres 47.44 '7•�� �� 56.14m Severance#3 s • T garag#�c\ Z (2472.61m2) •Farm Split shed ho % %-e, Lot to be 2.05ac . Severance#2 ?, p �� ' I J4it after boundary adjustment • 348.4m Boundary Adjustment e990 , 5823.74m2 33.8' 6'6 r1.43ac -- ry 95.6m Agricultural Land 0,. Sever 'y0 '"., Retained ' r • ie. e0r 150.5m Is .9o p\'o pond Agricultural Land \ s 994.25m \ \ \ \ Agricultural Land 180.5 acres 547.3 •\ Retained Lands (no buildings) \\ Z c`�v L \ mmu.nor..�.Mm.Hot HWwm O 1645m depth of retained parcel scrrk l 1 tet "'"'"-.4 4 rn m \ canonr*pu�Dietz I OMMIO A"M SURVEYORS 03 f V �/ TM an a3-r.m (St fq n'"�'�am" ........m B int.114.43 a `� m 3 11 IBI GROUP 203-350 Oxford Street West I I London ON N6H 1T3 Canada tel 519 472 7328 ibigroup.com Memorandum To/Attention Municipality of Bayham Date November 27, 2019 From Paul Riley BA, CPT Project No 3404-743 cc William Pol, MCIP, RPP Subject Susan and Manfred Hermann - 57237 Heritage Line-Application for Consent E84/19 1. We have completed our review of the consent application submitted by Susan and Manfred Hermann for lands located at 57237 Heritage Line, south side and west of Toll Gate Road. The applicant is requesting consent for severance of 5,823.7 m2 (1.4 acres) of land and to retain 100.2 ha (252.9 acres) of land. The intent is to add the severed lands to the abutting residential parcel. The lands are designated "Agriculture" on Schedule"Al": Land Use in the Official Plan. The lands are zoned Agriculture (Al-A) and Special Agricultural (A2) on Schedule "A" Map No. 9 in Zoning By-law Z456-2003. 2. Three consent applications have been received relating to the subject lands and the abutting lot addition lands known as 57009 Heritage Line. Consent application: E83/19 proposes lot addition of 0.09 m2 from the 57009 Heritage Line parcel to the 57237 Heritage Line parcel to facilitate changes to the boundaries of the residential parcel; E84/19 proposes lot addition to enlarge the residential parcel to include a shed, well and grassed area used by the residence; and, E85/19 proposes to split the 57237 Heritage Line agricultural parcel into two separate farm parcels. Separate memorandum has been prepared for each application. 3. The severed lands comprise a shed and are characterized as manicured grass and fenced agricultural lands. The retained lands have a lot frontage of 739.2 m (2,435 feet), lot depth of 1,645 m (5,397 feet) and comprise 2 barns, a weigh scale and several silos. The remainder is cultivated fields and woodlot. The resultant residential parcel would have lot frontage of 101.8 m (334 feet) and lot depth of 95.6 m (313 feet) and comprises a single detached dwelling and a detached garage, and a shed to be added. Surrounding uses are agriculture to the south and east; agricultural, industrial and residential to the west; and agriculture and residential to the north. At the corner of Heritage Line and Toll Gate Road there is a dwelling on a separate lot used as the office for the grain drying facility on the retained lands. 4. The proposed lot addition is facilitated by concurrent consent application E83/19 whereby a 1 foot by 1 foot portion is conveyed/added to the subject lands granted by the approval authority for conveyance of a portion of the lands consistent with the Planning Act. 5. The Municipality of Bayham Official Plan Section 2.1.9 Minor Lot Adjustments permits consents to sever and convey land in areas designated "Agriculture" for minor lot IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—November 27,2019 additions provided no new conveyable lot is created. The lot addition does not create a new lot, therefore, the proposed consent is consistent to the Official Plan. 6. In order to protect agricultural land resources, the Provincial Policy Statement (2014) Section 2.3.4 and Official Plan Section 2.1.7 lot creation policies for residential uses (surplus farm dwellings) limits the lot area to no larger than necessary to support private water and sewer services. The proposed lot area is larger than necessary for the provision of services, therefore, we recommend that the proposed addition be limited to the lands to the rear of the existing lot, in order to include the shed and grassed area; and be reduced to include only those lands east of the dwelling necessary to ensure the well is within the parcel. The eastern portion of the addition lands which is fenced should remain agricultural. The recommended lot configuration is shown below. 75 m ✓- 90 m ,ty+ 1111111011111 } k 7. The subject lands are located in the Special Agriculture(A2) and Agricultural (Al-A)zone in zoning By-law Z456-2003. The severed lands are to be added to lands located in the Rural Residential (RR) zone, therefore, a rezoning from A2 to RR is required. The enlarged RR parcel would meet the minimum requirements for lot dimension and for setbacks in the RR zone. The retained lands have adequate lot area, lot frontage and setbacks in conformity with the A2 zone regulations. IBI GROUP MEMORANDUM 3 Municipality of Bayham—November 27,2019 8. Based on the above review of consent application E84/19 we recommend a reduced lot addition area the above description and figure, and recommend the following conditions for consent approval: a) That the applicant merge the lands on title with the addition lands known as 57009 Heritage Line. b) That the applicant rezone the severed lands consistent with the addition lands Rural Residential (RR) zone. c) That the applicant provide a Planning Report Fee payable to the Municipality of Bayham. IBI Group Paul Riley, CPT Consulting Planner to the Municipality of Bayham vox-YHA/if iikkio ,_ ip, REPORT o., ' �,,cy DEVELOPMENT SERVICES p° tunity 15 i TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: December 5, 2019 REPORT: DS-81/19 FILE NO. C-07/ D9.19 Hermann Roll # 3401-000-004-06100 SUBJECT: Consent Application E85/19 Hermann— Farm Split BACKGROUND: Three consent applications were received from the Elgin County Land Division Committee submitted by Susan Hermann and Manfred Hermann. This Report considers Consent Application E85/19 and the concurrent applications E83/19 and E84/19 are considered in separate Staff Reports. Application E85/19 is proposing a farm split to sever a 29.3 ha (72 acres) parcel of land and to retain 73 ha (180.5 acres) of land with the intention of dividing the agricultural parcel into two land holdings. The subject lands are located in Concession 6 STR Lots 129 & 130, known as 57237 Heritage Line. The subject lands are designated "Agriculture" on Schedule "Al": Land Use in the Official Plan. The lands are zoned Agriculture (Al-A) and Special Agricultural (A2) on Schedule "A" Map No. 9 in the Zoning By-law Z456-2003. Elgin County Land Division Committee will consider the application at the meeting scheduled for December 17, 2019. DISCUSSION: The proposed farm split creates one parcel containing two barns, a weigh scale, several bins and silos and the second parcel as cultivated farm land. The land division does not impact the farming capability of the lands and are considered large enough to sustain the agricultural operation. Please refer to the planner's memorandum dated November 27, 2019 for a complete analysis of the application against the Bayham Official Plan and the Zoning By-law. Staff Report DS-81/19 Hermann 2 Staff and planner recommend Council's support of the application with the recommended conditions. ATTACHMENTS 1. Consent Application E85/19 2. IBI Memorandum dated November 27, 2019 RECOMMENDATION 1. THAT Staff Report DS-81/19 regarding Consent application E85/19 Hermann be received for information; 2. AND THAT Council supports and recommends to the Elgin County Land Division Committee that Consent Application E85/19, submitted by Susan and Manfred Hermann be granted subject to the following considerations and conditions: 1. Rezoning of the portion of retained lands in the Special Agriculture (A2) Zone to the Agricultural (Al-A) Zone 2. Purchase of a civic number sign for the severed parcel 3. Planning report fee payable to the municipality 4. Digital Copy of the final survey Respectfully Submitted by: Reviewed by: 7/7/6."1, Margaret`Underhill .�' hi-n - Deputy ClerkiPlanning Coordinator CAOICIer Severance#3 L O-" Dcc/ /1y Farm Split Severance . " • ED Nov 12 20 9 9 APPLICATION FOR CONSENT 3` COUNT`!OF ELGIN 1. L 01®la 061101 Tii tifo-ity ELGIN COUNTY LAND DIVISION COMMITTEE 2. Name of Owner Susan Hermann and Manfred Hermann Address 57009 Heritage Line,Straffordville,ON NOJ 1Y0 Telephone Number 519-866-3764 Email Name of owner's solicitor or authorized agent David Roe Civic Planning Solutions Inc Address 599 Larch Street, Delhi,ON N4B 3A7 Telephone Number 519-582-1174 Email civicplanningsolutions@nor-del.com Please specify to whom all communications should be sent: Owners ( ) Solicitor ( ) Agent (x ) 3. (a) Type and purpose of proposed transaction: (check appropriate space) Transfer: x creation of a new lot Other: mortgage/charge addition to a lot lease surplus farm dwelling easement/R.O.W. technical severance correction of title other(specify (b) Name of person(s),if known,to whom land-or interest in'land is to be transferred,leased or charged: unknown (c) If a lot addition,identify the assessment roll number and property owner of the lands to which the parcel will be added: 4. (a) Location of land: Municipality Bayham Concession No. 6 STR Lot(s)No. 129 Registered Plan No. �f /30 Name of Street Heritage Line Street No.and/or 911 No. 57237 Assessment Roll No. 3401000004061000000 (b) Are there any easements or restrictive covenants affecting the subject land? Yes ( ) No (x) If Yes,describe the easement or covenant and its effect: 5. Description of land intended to be severed: (Accurate Metsurjtaeets in Metnc) 72_4 7 &.- Frontage 192.4m Depth f`V- 73E9 acres Existing Use Agricultural Proposed Use Agricultural Number and use of buildings and structures on the land to be severed: Existing 2 barns,weigh scale,silos&g.a..,.r, Proposed none 6. Description of land intended to be retained: (Accurate Measurements in Metric) Frontage 547.3m Depth 1645m(max) Area 180.5 acres Existing Use Agricultural Proposed Use Agricultural Number and use of buildings and structures on the land to be retained: Existing Vacant County of Elgin Proposed Nothing new `"e"`e"gJe'Y eS 450 Sunset Drtve 36 Ttw,,,es,0.,'CR SV1 Phone:519-631-1460 www.elgincounty.ca Progressive by Nature Ai , , -2- 7. Number of new lots proposed(including retained lots) 2 8. Type of access for proposed and retained lot: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Provincial Highway ( ) ( ) Municipal road,maintained all year (x ) (x ) Municipal road,seasonally maintained ( ) ( ) Other public road ( ) ( ) Right Of Way ( ) ( ) Water access ( ) ( ) If proposed access is by water,what boat docking and parking facilities are available on the mainland? (specify) 9. (a) What type of water supply is proposed: (check appropriate space) TYPE No water on lands PROPOSED LOT RETAINED LOT Publicly owned and operated piped water system ( ) ( ) Privately owned and operated individual well ( ) ( ) Privately owned and operated communal well ( ) ( ) Lake or other water body ( ) ( ) Other means (specify) (b) If existing water supply is provided from a privately owned and operated individual/ communal well,the owner shall be required to provide written confirmation from a licensed well installer that the private well provides the quality and quantity of potable water required by Provincial standards. (Written confirmation to be attached to the Application) 10. (a) What type of sewage disposal is proposed: (check appropriate space) TYPE No septic system on lands PROPOSED LOT RETAINED LOT Publicly owned and operated sanitary sewage system ( ) ( ) Privately owned and operated individual septic tank ( ) ( ) Privately owned and operated communal septic system ( ) ( ) Other means (specify) (b) If existing sewage disposal is privately owned,the owner shall be required to provide written confirmation from a licensed septic installer that the system is in satisfactory operating condition. (Written confirmation to be attached to the Application) 11. When will water supply and sewage disposal services be available? no services existing or proposed 12. What is the existing Official Plan designation(s)of the subject land? Agricultural 13. What is the existing Zoning designation(s)of the subject land? A2 ;.. -3- 14. Has the subject land ever been the subject of an application for approval of a plan of subdivision under the Planning Act? Yes ( ) No (x ) Unknown ( ) If Yes,and known,provide the application file number and the decision made on the application 15. If this application is a re-submission of a previous consent application,describe how it has been changed from the original application 16. (a) Has there been any previous severances of land from this holding? Yes (x ) No ( ) (b) If the answer to(a)is Yes,please indicate previous severances on the required sketch and supply the following information for each lot severed: Grantee's name Susan Hermann Use of parcel Residential Date parcel created September 1991 17. If this application is for a lot addition, has the lot to be enlarged ever been the subject of a previous severance? Yes ( ) No ( ) If Yes, provide the previous severance File No. 18. (a) If the application involves the severance of a surplus farmhouse(through farm consolidation), please explain how it qualifies as surplus in the municipality which it is situated. 19. (a) Are there any barns within 750 metres of the proposed severed lands? Yes ( ) No (x ) i) Now used for livestock? Yes ( ) No ( ) ii) Capable of being used for livestock? Yes ( ) No ( ) (b) If there are livestock barns located within 750 metres of the dwelling on the retained lands a MDS 1 calculation is required to be submitted with this application for consent pursuant to Minimum Distance Separation (MDS)document-Implementation Guideline#6. 20. Is the owner,solicitor,or agent applying for additional consents on this holding simultaneously with this application,or considering applying for additional consents in the future? Yes (x ) No ( ) 21. Is the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the Minister for approval? Yes ( ) No (x ) If Yes, and known,specify the Ministry file number and status of the application -4- 22. Is the subject land currently the subject of an application for a zoning by-law amendment, Minister's zoning order amendment,minor variance, or approval of a plan of subdivision? Yes ( ) No (x ) If Yes, and known,specify the appropriate file number and status of the application 23. (a) Is the application consistent with the Provincial Policy Statement 2014 issued under subsection 3(1)of the Planning Act? Yes (x) No ( ) (b) If Yes, identify policies from the Provincial Policy Statement 2014 to support this application for consent Agricultural severance 24. Is the subject land within an area designated under any provincial plan or plans? Yes ( ) No (x ) If Yes,does the application conform to or conflict with the applicable provincial plan or plans 25. The Owner/Applicant/Agent hereby authorizes Land Division Committee members and the Corporation of the County of Elgin staff to enter onto the subject property for the purpose of Site inspections with respect to this application. 26. The Owner/Applicant/Agent hereby consents to disclosure of the information contained in this Application pursuant to Section 32(b)of Bill 49, Chapter 63,S.O. 1989,being an Act to provide for Freedom of Information and Protection of Individual Privacy in Municipalities and Local Boards. 27. DETAILED SKETCH: The application shall be accompanied by a detailed sketch showing the following: - the boundaries and dimensions of the subject land,the part that is to be severed and the part that is to be retained; - the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land; - the distance between the subject land and the nearest municipal lot line or landmark,such as a railway crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial features on the subject land and adjacent lands that in the opinion of the applicant may affect the application,such as buildings, railways, roads,watercourses,drainage ditches,river or stream banks, wetlands,wooded areas; - the location of private wells and septic system must be located entirely within the boundaries of the lot to be created and shall comply with the Zoning By-Law setbacks; - the location of private wells and septic system must be located entirely within the boundaries of the lot to be retained and shall comply with the Zoning By-Law setbacks; - the existing use(s)on adjacent lands; - the location,width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance,a public travelled road,a private road or a right of way; - if access to the subject land is by water only,the location of the parking and boat docking facilities to be used; - the location and nature of any easement affecting the subject land. -5- Dated at the Municipality of Central Elgin this /dam- ,; f ° Septombur20 19 SIGNATURE OF AP¢ ICANT(S),SOLICITOR OR AUTHORIZED AGENT AFFIDAVIT OR SWORN DECLARATION I/We David Roe of the of in the County of Norfolk solemnly declare that all the information contained in this application is true,and I/We make this solemn declaration conscientiously believing it to be true,and knowing that it is of the same force and effect as if made under Oath and by virtue of the CANADA EVIDENCE ACT. DECLARED before meII at the 1�(lc.,NC(1961 of CelaWn in the ± ' I. ignature this S{-1 day of ..1002rAbEr- 20 ICI Signature .I114 .ear Dianne Galloway,a kitM� cmmissioner,etc.,County of Elgin,for i !ne Corporation of the County of Elgin. Commissioner,etc. uNirra Jarwary Q 2020. If this application is signed by an agent or solicitor on behalf of an applicant(s),the owner's authorization must accompany the application. If the applicant is a corporation acting without agent or solicitor,the application must be signed by an officer of the corporation and the seal, if any,must be affixed. It is required that one copy of this application be filed,together with one copy of the detailed sketch described,with the responsible person,accompanied by a fee of— $1,250.00 in cash or by cheque made payable to TREASURER, COUNTY OF ELGIN An additional fee of$300.00 will be charged for affixing the consent stamp. Revised May 2018 AUTHORIZATION TO APPOINT AN AGENT NOTE:This form is only to be used for applications,which are to be signed by someone other than the owner(s). To: Secretary-Treasurer Land Division Committee Corporation of the County of Elgin Description and Location of Subject Lands: 57237 Heritage Line,Straffordville,ON NOJ 1Y0 I/We,the undersigned,being the registered owner(s)of the above lands hereby authorize David Roe,Civic Planning Solutions Inc. of Norfolk County (Agents Name/Names to: ) (Agents City/Town of Residence) (1)make an application on my behalf to the County of Elgin Land Division Committee; (2)appear on my behalf at any hearing(s)of the application;and (3)provide any information or material required by the Land Division Committee relevant to the application. Please Print Names in Block Letters Below Signatures Dated at the Municipality of Bayham Oc.- this 1p day of 20 19 Signature of W' ss Signature of O ner Signature of Witness ignature of Owner Signature of Witness Signature of Owner AFFIDAVIT OF EXECUTION I Maryann Balms of the Town of Tillsonburg,in the County of Oxford, and 1, Kate Hawley of the Town of Tillsonburg,in the County of Oxford, MAKE OATH AND SAY/AFFIRM.• 1. On January 3rd,2017,we were both present at the same time and saw the attached power of attorney executed by Manfred Otto Hermann and we signed the document in the grantor's presence as attesting witnesses. 2. At the time we witnessed the execution of the power of attorney we were both eighteen years of age or older. 3. We have no reason to believe that the grantor is incapable of giving a power of attorney. 4. We are not: (a) the attorney(s)named in this power of attorney nor a spouse or partner of the named attorney(s); (b) a spouse or partner of the grantor; (c) a child of the grantor or a person whom the grantor has demonstrated a settled intention to treat as his or her child;or 'd) aperson whose property is under guardianship or who has aguardian of the person. SWORN/AFFIRMED by the above-mentioned ) deponents before me at the ) Town of Tillsonburg, ) 1 in the County of Oxford, ) ) on Jan(a'1, , 2017. ) Cotrt r,- -a : CONTINUING POWER OF ATTORNEY FOR PROPERTY-(SHORT FORM) (PAGE 1 OF 3) Amended APRIL 1995 CONTINUING POWER OF ATTORNEY FOR PROPERTY -- (SHORT FORM) THIS CONTINUING POWER OF ATTORNEY FOR PROPERTY is given • by MANFRED OTTO HERMANN of the Municipality of Bayharn, in the County of Elgin APPOINTMENT 1. I APPOINT my spouse, SUSAN ISABEL HERMANN to be my attorney(s)for property,and t authorize my attorney(s)to do,on'my behalf, any and all acts, which I could do if capable, except make a will, subject to any conditions and restrictions contained herein. My attorney(s) shall have the authority to act as my litigation guardian,if one is required to commence,continue, defend or represent me in any court proceeding. SUBSTITUTION 2. If the above appointed attorney(s) refuse(s) to act, or is or are unable to act by reason of death,court removal, becoming incapacitated or resignation, I SUBSTITUTE AND APPOINT TOBI ERIKA SKEW AND KEITH CLARKE HERMANN,jointly If the above appointed attorney(s) refuse(s)to act, or is or are unable to act by reason of death,court removal,becoming incapacitated or resignation, I SUBSTITUTE AND APPOINT my son, MANFRED STEPHEN HERMANN AND JAMES RAYMOND MORGAN,jointly to act as my attorney(s)for my property, in the place of any attorney(s)appointed in paragraph 1 hereof who refuse(s) or is or are unable to act. The substituted attorney(s)shall,if able and willing to act,thereafter be my attorney(s)for property, together with any attorney appointed in paragraph 1 hereof who is able and willing to act and I authorize him, her,or them thereafter to do,on my behalf, any and all acts which I could do, if capable,except make a will,subject to any conditions and restrictions contained herein. • CONTINUING POWER OF ATTORNEY FOR PROPERTY-(SHORT FORM) (PAGE 2 OF 3) Amended APRIL 1995 CONTINUING POWER -3. It is my intention and I so authorize my attorney(s) that this authority shall be exercised immediately pursuant to sections 7 and 14 of the Substitute Decisions Act. FAMILY LAW ACT CONSENT 4. If my spouse disposes of or encumbers any interest in a matrimonial home in which I have a right to possession under Part II of the Family Law Act, I authorize the attorney(s)named in this powerof attorney forme and in my name to consent to-the transaction as provided for in clause 21(1)(a)of the saidAct. CONDITIONS AND RESTRICTIONS .5, NIL EFFECTIVE DATE 6. This continuing power of attorney for property comes into effect as of the date of execution set out below. CONTINUING POWER OF ATTORNEY FOR PROPERTY-(SHORT FORM) {PAGE 3 OF 3) Amended APRIL 1995 -3.. REVOCATION 7. Any prior power of attorney for property or any power of attorney which affects my property given by me, except a power of attorney given to a bank or financial institution for the purpose of transacting my business with that bank or financial institution, is hereby revoked. COMPENSATION B. My attorney(s) may take compensation out of my property for any work done in connection with this continuing power of attorney for property by him,her,or them, in accordance with the prescribed fee scale established pursuantto sections 40(1) and 90 of the Substitute Decisions Act for the compensation of attorneys under a continuing power of attorney. Executed at Tillsonburg, Ontario this 3rd day of January,2017, in the presence of both witnesses,each present at the same time. ) Witness ) Maryann Baiazs ) Print name ) ) 65 Bidwell Street ) Tillsonburg, ON N4G 3T8 ) ) ) ) gess ) Cawley ) 11P tt i 41>al Otto Her n Print name ) 65 Bidwell Street ) Tillsonburg, ON N4G 3T8 ) NOTARIAL CERTIFICATE OF TRUE COPY-SHORT FORM CANADA ) To all whom these Presents Province of Ontario ) may come,be seen or known To Wit ) I, JAMES RAYMOND MORGAN a Notary Public, in and for the Province of Ontario, by Royal Authority duly appointed, residing at the Town of Tillsonburg, in the County of Oxford,in said Province, Do Certify and Attest that the paper-writing hereto annexed is a true copy of a document produced and shown to me and purporting to be the original CONTINUING POWER OF ATTORNEY FOR PROPERTY.dated the 3rd day of January,2019 of MANFREID OTTO HERMANN. The said copy having been compared by me with the said original document,. an act whereof being requested I have granted under my Notarial Form and Seal of Office to serve and avail as occasion shall or may require. In Testimony Whereof I.have hereto subscribed my name and affixed my Notarial Seal of Office at the Town of Tillsonburg, in the County of Oxford, Province of Ontario,this 24th day of July,2019. //777". A Notary Public in and for the Province of Ontario ELGIN MAPPING o�a� .,10, j 'r1d�� �( . i 'tt; *_�:::' ,.h + ie Severance#3 Farm Split IIS. - 111 -""" r .. Legend / ❑ Elgin Parcels Q7, r1 Boundary ,+" — r1 D Elgin Road Network Elgin Road Network in�rummi if -rr 1,l — Elgin Road Network 41.•m /180.53ac Sever \\\ Ve r .2 mRetained i _ 7144 ' .45.5m I' etain) 1 • T' L Ir 7 iiiiiii AdAdi r I{ 1 IIIII I 1:18,0560 Notes 0,9 0 0.46 0.9 Kilometers This map is a user generated static output from an Internet mapping site and Is for reference only.Data layers that appear an this map may or may not be accurate, WGS_1984 Web Mercator Auxiliary_Sphere current,or otherwise reliable. O Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION I SKETCH TO ILLUSTRATE .% Severance#3 Farm Split • PROPOSED SEVERANCE • a CESS • 4 ►- LOT 128. CONCfSSWN S.T.R. (=OVA= or SOW T' .1 Ilt )4 MIC1PAlurY OR SWIM' YUNICIPNIK OC 134110.14 ROAD AYOWANCE stud,Wrs 128&119TOLL GATE ROAD COUNIY Cf MOM• ^^• •001.1 "A. 1'x1'squareto be merged with farm " . . g . T 1,114• 971.75 \ Mi rk ,'vro;tn"==roe Barn ' n '� 440'4 57009 and 57236 Agricultural Landg Grain Oper-'on ,• � Heritage Line 'i 41.9 1xisquare Severance#1 O�Silosav ' ' II t- d • 73.9 acres 47.4m' ' viv 156.14m Severance#3 �x r • aragT3 (2472.61 m2) • Farm Split sed ho*'L�y _ S•r,Lot to be 2.05ac . . Severance#2 � after boundary adjustment I 348.4m =.undaryAdjustment 90 33.8 I 5823.74m2 1 °G spo °r 1.43ac . y Agricultural Land °� 95.6m Sever• \\ ry '?� Retained I • D .2 150.5m °'° pond.�, Agricul ural Land \ I 994.25m \ • \ i II Agricultural Land 180.5 acres .7.3 ,\ . Retained Lands (no buildings) / . \ 1645m depth of retained parcel ,v/ sam a"~"" "4 ol / . Callan*Dietz I ONfARIO�R)VEYOpS B l+(.u)00-o. rt.Dm Dm 134-104, ..ar.aa...w fOSt O ww.er.... w.n..M 104w.„N f"e.e 11y30 1"..ee leo-llw IBI GROUP 203-3 Lond on N6HOxford S1T3eCWest anada tel 519 472 7328 0 1 ibigroup.com Memorandum To/Attention Municipality of Bayham Date November 27, 2019 From Paul Riley BA, CPT Project No 3404-743 cc William Pol, MCIP, RPP Subject Susan and Manfred Hermann -57237 Heritage Line-Application for Consent E85/19 1. We have completed our review of the consent application submitted by Susan and Manfred Hermann for lands located at 57237 Heritage Line, south side and west of Toll Gate Road. The applicant is requesting consent for severance of 29.3 ha (72 acres) of land and to retain 73 ha (180.5 acres)of land. The intent is the division of the agricultural parcel into two land holdings. The lands are designated "Agriculture" on Schedule "Al": Land Use in the Official Plan. The lands are zoned Agriculture (Al-A) and Special Agricultural (A2) on Schedule"A" Map No. 9 in Zoning By-law Z456-2003. 2. Three consent applications have been received relating to the subject lands and the abutting lot lands known as 57009 Heritage Line. Consent application: E83/19 proposes lot addition of 0.09 m2 from the 57009 Heritage Line parcel to the 57237 Heritage Line parcel to facilitate changes to the boundaries of the residential parcel; E84/19 proposes lot addition to enlarge the residential parcel to include a shed,well and grassed area used by the residence; and, E85/19 proposes to split the 57237 Heritage Line agricultural parcel into two separate farm parcels. Separate memorandum has been prepared for each application. 3. The severed lands have a lot frontage of 192 m (631 feet), lot depth of 994 m (3,261 feet) and comprise 2 barns, a weigh scale and several silos, the remainder is cultivated field. The retained lands have lot frontage of 547 m (1,795 feet), lot depth of 1,645 m (5,397 feet), are vacant and are used for cultivation of field crops. There are woodlot portions in the south. Surrounding uses are agriculture to the south and east; agriculture and residential to the north; and agriculture, industrial and residential to the west. At the corner of Heritage Line and Toll Gate Road there is a dwelling on a separate lot used as the office for the grain drying facility on the severed lands. 4. The Municipality of Bayham Official Plan Section 2.1.6 Division of Agricultural Parcels discourages the division of large farms into smaller holdings to encourage continued farm use, however, both lots maintain adequate lot area for the agricultural uses in the area. The severed parcel includes approximately 5 ha(12 acres)of woodlot and the grain drying building cluster, the remainder 24 ha (59 acres) is cultivated. The retained lands include approximately 11 ha (27 acres) of woodlot and the remainder 62 ha (153 acres) is cultivated. The minimum lot area for the A2 zone is 20 ha (49 acres) and the minimum IBI Group is a group of firms providing professional services and is affiliated with 181 Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—November 27,2019 lot area in the Al-A zone is.40 ha (98 acres). The proposed division does not impact the agricultural capability of the land as both parcels are large enough for the type and size of farming operation, therefore, Section 2.1.6.2 criteria are satisfied and the proposed consent is consistent to the Official Plan. 5. The subject lands are located in the Special Agriculture(A2)and Agricultural (Al-A)zone in zoning By-law Z456-2003. There is a zone boundary line following the lot line bisecting the parcel approximately 50 m (164 feet) east of the proposed property boundary where the western portion is zoned A2 and the eastern portion is zoned Al-A. The portion of retained lands within the A2 zone require a rezoning from A2 to Al-A consistent with the rest of the lands. The setbacks for the existing buildings and structures meet the minimum regulations of the A2 zone. The lot frontage of both parcels meets the minimum requirement of the A2 and Al-A zones. 6. Based on the above review of consent application E85/19 we have no objection to the proposed consent and recommend the following conditions for consent approval: a) That the applicant rezone the portion of retained lands in the Special Agriculture (A2)to the Agricultural (Al-A)zone. b) That the applicant provide a Planning Report Fee payable to the Municipality of Bayham. IBI Group Paul Riley, CPT Consulting Planner to the Municipality of Bayham INNICHAjv 00;'1 REPORT DEVELOPMENT SERVICES poi.tunity Isco TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: December 5, 2019 REPORT: DS-82/19 FILE NO. C-07/ D13.Hoover Roll # 3401-000-007-08600 SUBJECT: Rezoning Application — Hoover Zoning By-law Z695-2019 BACKGROUND: Cleason and Eleanor Hoover submitted a rezoning application to rezone their property presently unnumbered on Hoover Valley Road being located in Concession NTR Lot 112, Part 10 11 R7329, north side of Hoover Valley Road, northeast of Richmond Road. The property is currently zoned Hamlet Residential Holding [HR(h2/h3)] Zone and the request is to rezone to remove the holding to permit the construction of a single detached dwelling. A public meeting will be held December 5, 2019 to consider the removal of the Holding provisions and a decision can be made the same evening to approve the zoning by-law. Only the applicant may file an appeal to the Local Planning Appeal Tribunal of a decision by Council not to remove the holding symbol, or where Council fails to make a decision within 150 days after the application was submitted. The purpose of the amendment is to remove the Holding (h2/h3) provisions on 1.3 ha (3.2 acres) of land on a 4.2 ha (10.4 acres) parcel located on Part Lot 112, Concession NTR, Part 10 11 R7329, on the north side of Hoover Valley Road, east of Richmond Road, in the hamlet of Richmond, from the holding Hamlet Residential (HR(h2/h3)) Zone to the Hamlet Residential (HR) Zone, in the Zoning By-law of the Municipality of Bayham No. Z456-2003. The remainder (rear) of the lands are zoned Agricultural (A1). The effect of this By-law will be to permit a new single detached dwelling on the lands where the lands are not suitable for the creation of additional lots by Plan of Subdivision. DISCUSSION Staff and planner have reviewed the application to rezone to permit the single detached dwelling. The proposal meets the Official Plan by obtaining a permit from the LPRCA, copy has been provided to staff, and meets the requirements to remove the Holding provisions. Staff Report DS-82/19 Hoover 2 Please refer to the planner's memorandum dated November 28, 2019 for the full analysis of the application. Staff and planner recommend approval of the zoning by-law to remove the holding provisions. ATTACHMENTS: 1. Rezoning Application November 19, 2019 2. IBI Group Memorandum November 28, 2019 3. Draft Zoning By-law Z695-2019 RECOMMENDATION THAT Report DS-82/19 regarding Hoover rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held December 5, 2019 associated with this application, there were no submissions received and no oral presentations regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Cleason and Eleanor Hoover described as Concession NTR Part Lot 112, Part 10 11R7329 by changing the Hamlet Residential (HR(h2/h3) Zone to Hamlet Residential (HR) Zone to permit one new dwelling; AND THAT Zoning By-law Z695-2019 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: z , 6,41(( Margaret U derhill au ' day/ Deputy Clerkplanning Coordinator CAOICIerk -01§3(H MUNICIPALITY OF BAYHAM 56169 Heritage Line •i 1S% P.O. Box 160 ®� h• (MINN. Straffordville, ON NOJ 1Y0 �® unity g��®�$� Phone(519)866-5521 -Fax(519) 866-3884 APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a fee of$2,000(Zoning By-law Amend - a •r Temporary Use Zoning By-law) or $1500(Temporary Use Zoning By-law Renewal) o ',1500 • ing Amendment to Remove Holding Provision). If the application isnotcomp yin full,the application will be returned. 1/We, �i'/easaYi g/ nam /TDO V er shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. Property Owner X Property Owner FOR OFFICE USE ONLY DATE DEEMEDCOMP1ETE: � � >�� r :�RECEIPT# � � � ... .. . s.. . c r. - 8 £` 3w" �+L t *1 M 5 7 ¢�7.t . ; t b� � ., v E s e•3E� �` 2 FILE NO •.'. I < 7f€ ? =DATE ADOPTED`BY COUNCIL.- Revised March 2017 Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's / Name(s): Vea.5-a)/ oi?d 61C'cz Mi. /40 t er Address: 9 '-/ ader I4 / a/ /)y/mer mit/ iV s7 f(,f Phone No. (Home): 79 Flo& 3-95-"p Business: Fax: Email: akasorll7C L6//ne/• GCS. Lot and Concession (if applicable): (,., 7 ,t,17-0.1 Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. 2. Applicant/Authorized Agent: Address: Phone No.: Fax: E-mail: Please specify to whom all communications should be sent: Registered Owner ( ) Applicant/Authorized Agent ( ) 3. Legal Description of the land for which the amendment is requested Roll # G) /id 07)70 X'X g J Concession: 7 j Lot: pr L Q% 7/F eia Reference Plan No: i/! 7.3?q Part Lot: /c/ /0 Street and Municipal Address No.: I/� l�i�G1 61. 43D . What is the size of property which is subject to this Application? if Area: �d'�OVG, m2 Frontage: a2P 7 m Depth: 4"3 . ¶ �m /O. 39 /4 C> When were the subject lands purchased by the current owner? /d) r2°oo Municipality of Bayham Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: / 7Kte S /�,�TU/�i3�/��Yt�i�Gi cI/Givec�9r✓�' Gfiao 0 Li4N05 How does the application conform to the Official Plan? � s rTfie�% _/ 6e5-e. - "Yeei5ini re-criova/off' hg 3 / %di',7 .,, /, f,VDi1n'. S. Existing Zoning By-law Classification: /Ggrn/f/I r'5jl%,l 4 d(t Aj e1/4 3) 1 /c7 What are the current uses of the subject/)nds? rL � � �f rfr7'� vd cCt/V1- %%.%Ile/5. . If known, provide the length of time these uses have continued on this property. If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimension Line Line Line Setback s Setback Setbacks i/kyfir4 If known, provide the dates in which each of these buildings were constructed. 6. What is the Nature and Extent of the Rezoning? Qu to Section of Zoning By-law to be amended. G dY1 3 . 3 b) * C ) 4- Cxri5/YuCd 1'a bd hetrne, /,',<6/1 - /9 New 6/, c s rbc, Municipality of Bayham Zoning By-law Amendment Application Page 4 7. Why is the rezoning being requested? / �0o C S7 z?C1 /2 1 , .' /% d-e4C%/641e-7/7 /n /k dear area CEJ -i 40i4v* d t.er G'll / C . 8. Does the proposed Zoning By-law amendment implement a growth boundary Yes/ ° o adjustment of a settlement area? If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment? Yes If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be erected. Be Specific) ,6-tdo dui//in g/1'9 5 p/c27hd ezce For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimensions Line Line Line Setback Setback Setbacks Municipality of Bayham Zoning By-law Amendment Application Page 5 11. Services existing or proposed for the subject lands: Please indicate with a ✓ Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) Private Drilled Well ( ( ) Private Dug Well ( ) ( ) Communal Well ( ) ( ) Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ( ) Individual Septic System ( ( ) Communal System ( ) ( ) Privy ( ) ( ) Other ( ) ( ) Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per day, the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? If not, where can they be found? Storm Drainage Provisions: Proposed Outlet: Municipality of Bayham Zoning By-law Amendment Application Page 6 12. How will the property be accessed? ci/Jalfir/ ed G �� ,� Provincial Highway ( ) County Road ( ) Municipal Road—cm1aaintain'ed all year(cif Municipal Road—seasonally maintained ( ) Right-of-way ( ) Water( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Consent ( ) Zoning By-law Amendment ( ) Ministers Zoning Order ( ) If yes to any of the above, indicat a file number and status of the application. 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? A//4”h/ 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? Municipality of Bayham Zoning By-law Amendment Application Page 7 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing ® the boundaries and dimension of the subject lands; ® the location, size and type of all existing and proposed buildings and structures, indicating their setbacks from all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; ® the approximate location of all natural and artificial features (buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks)that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; ® the current uses of the land that is adjacent to the subject land; ® the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road, a private road, or a right-of-way; ® the location of the parking and docking facilities to be used (if access will be by water only); ® the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St. Thomas Health Unit, Long Point Region Conservation Authority and Ministry of Transportation (if applicable). (c) If a private sewage system is necessary, pre-consultation with the Chief Building Official is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council Municipality of Bayham Zoning By-law Amendment Application Page 8 20. If this application is to accommodate the consent of a surplus farm dwelling, please provide the following information: Date surplus farm dwelling was erected: Please provide the assessment roll number, Iocati••, and zoning of the farm parcel with which the subject lands are being consolidated. Roll # 34 - 01 - 911 Address: Zoning Classif--'ion: I/We, C//an urs /ea, y of the /9707 ic �h �' Name Town/Township/CityNillage etc. of /&4,1 '/7? , in the County of E///n , do solemnly declare: Municipality Name County Name (i) that I/We am/are the owner(s) of the lands described above (ii) that to the best of my/our knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that I/We hereby a peit( to act as an Agent on my/our be, . all aspects of this application. Owner(s) Signature(s): And I/We make this solemn declaration conscientiously believing it to be true, and knowing that it/ is of the same force and effect as if made under oath, and by virtue of the "Canada Evidence Act". DECLARED BEFORE ME at the: , X C..a.4.1 /27e(/?it of /� C 1. /4&177 Owner/Agent in the County/Region of g/C�/f) this / dayy of Nit/t '14 / 20 IQ, .. . &Cr< W - -i Owner/Agent . / . , 7. A Commissioner' etc. MARGARET UNDERHILL,a Commissioner; etc. Dep_.; Clerk of the Corporation of the M1:rlcip.'..!iti of ``'.j'Z.i:m. .0-,1 ,�, `°,�,,. PLAN11R-']329. tLF� .s»um >.,». P.,•nn / ,.pARE 40000 ,j..„..45_ZdT� b 4 r. I ,,,:',I:$ ... -.m:Yaa - °�",c'� 9°-__ 3 iC B \O•s 4`t PART SCHEDULE Q *01' `. 1 PAR, sur. Lor CD'xcsscw PUH AREA mm[°swP1°` / I K I fr.,.-.:1"! ,„�,> .. \ >,,, '� ,,,�. 1 40 GEOGFLA?NIC TOWNSHIP DAY:IAM P...n •»>,u pc.,..,.v..,uv LOT 112 l'il, COPICESS:ON IOR7H OF TALBOT ROAD '°�' °"""`s a 'I 1.. �`4A°L,°=s' 10. ZEI .d„ E. o t, li,*/ X _.,. ,,,> 1 X� PIM OF SURVEY OF `,'', 1Do PART OF PLANK ROAD r \'" REGISTERED PLAN No.22 9 s PART 10 %.1 r17 c PART OF LOT 112 ,•, >e.. (.; JY1 -n '1•N� PART OF THE ORIGINAL BED OF ,. .. 0 -'" __ vzca THE BIG OTTER CREEK p - �=^--:e':,t` A. CONCESSION NORTH OF TALBOT ROAD y f. V''--` ''''''0,o,f"""°'v • N- PART OF LOT 112 j R 0 =:_,4d -- • I "" `;,z`• CONCESSION SOUTH OF TALBOT ROAD ' 11 17 4--- PART OF TAL00T ROAD VA '.1�a CLOSED BY BY-4.AM 3037 GEOGRAPHIC TOWNSHIP OF DAINAM k m \`� LOT 113 MUNICIPALITY OF IRE T,?. .� >wN LOT 112 TOWNSHIP OF BAYHAM q 1 ..1.'Vf.,„ "e CONCESSION N'`. SORTS OF us TALOOT ROAD COUNTY OF ELGIN x. p.L"j°�a k. \c T B Gig \m PART 6 s,e y 'ii''' ns 9 �y, l}s+?Au PAR .>r 4`.d� '"'rZ� »,g "+un RR °.,,,,, f gg Pp 300 1; R` ,__L•4 / M '3 L �'.14g__tA ;>e.. . tyP,�41,-Ne^��:yp_ E / %,..-,4:,-,,,,,, I 9 - p0 t'"1' ,�nw 1-:e fi i•+•1�> b. r° '�" ,,,",°.o' ,--.. l5 1/v',. m '' ,,,».., L 1/' •':::.t.,.--•.'4' c 9Flo>wy r�` �, TM•"- '''''---1-,—,,,..,,;:-,'.1„,s ..\. ,. . >PORF8-- ly 'ePPt a'r l','' scut-I Ma-loo rtcr _ A ,s T,36 i,... ,t,„1101,,,°'... ° PAR'„,..:,„- .a..,, °O ,. sLI,. o%tea1;- IMPERIAL,P,'..:.7 e..,...,,. »a.> .RED..".., 1ti•0.1m—T�� I 7T- _� n; R•` J a c`PSK - 4D I 'wnorn'C, •� ` nX ',. 1 •,sn'ae R°"�;. • ,,PLA14 30 \ I °'. K„ •,aM 4\q DO HOSTED SURVEYING LTD. �` 1:1 / ----------/ [ ..'- PART 7 LOT 1 ww'' 112 -' k LOT 113 Ayq 9�>' CONCESSION i�'y R NORTH OF 'a TALBOT ROAD \ GEOGRAPHIC ii!'• TOWNSHIP OF U'AYY.AM .� rTR, r� SC@O> 4:11'.< �¢-' PART 1 € o'er„. :"�6' w, ..,® °. n 1. \ i • NOTE ,. _ 1 0 / COT aF \., ,, :.4: 7.4'. SURVEYOR'S CERTIFICATEa Rqa < \ /o y.,1,7,..1%a"6.27427-.;`2.11..;� p .'``'n ` °.^."", ° PAR5 j d:+ C �� p bC/yne �. .n* :r x, %,,,r,%,- .. Ic.a J. Aip,,,, ° ` ` .'i1R -.,n.00 oG ."•41„;7:3 I; Ant B.zo°o 1 O. - 6s PARTirennn m,2s \ /pN PART . 'L fours:'b <. LLL!. __ x PART 3 `° ""'� c ,..ss< ,� sod .\\w `�} /1' a NO-IES ... .aw eta'+'�/1 H \ \ �-'• e° C. r .,..m».. a«.g.r.'8,,,,:f.'1:. ?.1..» PART 8 Kr yf a "�� \+4°,:`,''...'%'1?/41' ' ;a.\£. PART 2 L i i Pim R°A v . s�O�^"s^`0 ems„°° ' aqw' `i: ny'ar-, m,»..m.... 87.14:4Z-711:11'7-;»,..K.. -"'' O - b ss e n^ o/ q4'&0,,, B pT 3°-Y,YD.., �S a- ---�.,v,,.°„A.° LEGEND ..,... `° " +'ne^a AD ry'g1r" 0:•..'r %�M`�< " ... F- G - b�bi 1„1 opp10wom wuv„o- , -I z % PART 7 J / ,Hn.,.,.».... yy4gT rari.4" „*„a, � .6.-.,-,-J.-.14:1117 --)-6-' k- °,acn Fx Z •,, 80 Y ° 11 V FE ,3';a43e PART 1POETAIL I °,,+, b T s`� ,.> Lo7 '3 • KIM RUSTED SURVEYING LTD. w,..», o•,z�n ONTARIO LAND SURVEYOR :6 ao sown'PPCPES1SIVIIi R4WeW00M MO WO 0-.612-364 � Pia:os-S169 REMENCONF-, i SKETCH n/EcE COW5u NCS7RUC0000NRNO FEATURES WPM okmVOMN aowJflOF E O8B®ID uNViEuni M MOCOMM juin a ennwt COMOOf UL M PART 1 =s 6CAEE uNao - - I METRIC r4,'",,,,7",,�".=.rca. M" IOM RUSTED SURVEYING LID. g LOT 112 CONCESSION NORTH Of TALBOT ROAD 8 d CAUTION d 1iR - 7818 -,EMMY Or grcrc.9M 942.9 MAN wrcMo6...44, , PART 10 y `,f 1 IDE Cr 9�.E ON TIDONIDNY d .'t ~I/ PO •`J� d ( 11 Of,f ,v iiR - 7329 / V1`1 • d, nMMM.uw d YY d d d dk\"`.d F, ✓ d d / ,` NOTES GEOGRAPHIC d'1 TOWNSHIP ✓ OF / BAYHAM Nr_.MnY.sn.moor wow.M.,,m m..:dl TTP OF E STOOL 1S0°Eian AM WIM MCWAII rrOF°� tl, 1»- =.0 warmm mow marc MM.Lowor r MPOl MIK 4riDt cxnYATON a/ yillti h M-3"w"'°"'m""orm,94..44.mMnmMxwMv ox)u-oxAAtowo 4t rYxCur u4lii7. dl a.w 'di , . 2 rc".M.mMM t; 1 1.11 aro I t Au., CO-WrolIMO it Mom or corMo '✓e�Fl +w 04�a'g,6q+ t B ��.fJ pA PLANA. a',ar,,�2�.9M".'Y. m"mw;M /,'" 4", d . °ri / L _ qr °m- °°.9m"M mum" mu..9uMmM 1 B�% d,1 O d .J ..--' - e y ADgD PART 2 r 4. rod-a ------- +m++- O° ... 732, I ,..---,r*"....;I 11R - 5888 °°'. a`iNM DI OSIIT DINORORM FO POM IN / UM n^-- O �p0 ! 132` MCKIM m>e� .iia 9 CPIOMM A.]110 ?;'.'1 ®EOMM,MOS MWSW MEMO ER PtipNso wwwww.o. Vern"' 71 9494 N.m.."Mo KIM RUSTED SURSN100R vNair 1.7.x-aa+e�80MI TIPM'' • PROJECF.16-14464 RESERENCC FOE ^2'"` ® ®t Aggym' ®��E ry tion . �t ®�'l� 4 Elm Street Tillsonburg,ON PERMIT No.LPRCA-226/19 N4G0C4 Phone(519)842-4242 FOR DEVELOPMENT, INTERFERENCE WITH WETLANDS& Fax,(519)842-7123 ALTERATIONS TO SHORELINES&WATERCOURSES uiww.lprca.on.ca (CONSERVATION AUTHORITIES ACT-ONTARIO REGULATION 178106,UNDER 0.REG;97104 V,'Pi A i'.. Permission has been granted to: Owner: Collin KoekoekI Telephone: 519-758-6407 Address: 52563 Calton Line Postal Code: N5H 2R5 Aylmer,Ontario Agent: Telephone: Address: Postal Code: Location/Address of works: Hoover Valley Road,Richmond,Ontario; Roll No.:34-01-000-007-08600 Lot: 112 Plan: North of Talbot Road Municipality: Elgin Watershed: Big Otter Creek Description of Works: Construct a single family dwelling,install a septic system and the associated grading. Type of fill: N/A This permit is valid on the above location only for the period of: DATE: November 6, 2019 ® November 6, 2021 This permit shall be subject to the following conditions: The Applicant and owner, by acceptance of and in consideration of the issuance of this permit,agrees to the following conditions: GENERAL CONDITIONS: (SEE REVERSE SIDE OF PERMIT) SPECIFIC CONDITIONS: 1. Locations and dimensions of proposed works must be as indicated on the enclosed copy of the work permit application dated September 25, 2019, the Girard Engineering construction drawings dated September 2019, the EXP Services Inc. Slope Stability Assessment dated October 30, 2019, the Kim Husted Surveying LTD. Sketch dated October 31, 2019 and the associated information. __ MAPSEE SCHEDULE A- No.4 HR . HR-7 HR-6 i H R'...,__ /71o4-)V -72... 4 -.Y 'r• •HR(h?Jh3) `:y HR fir. N`,. xOOyERVALL `\ HR-2 .k• -----7,10.110 .1 ' HR •-. .1 rc� ti • `. /. .F • 9G --Pe'yrT. 0S2 `' ' L'`s \HR(h2/h3):: i / 9+ J I HR \\\NN zE . . i-, o y. 2; On ac... b i SEE SCHEDULE A-MAP No.7 MUNICIPALITY OF BAYHAM SCHEDULE E Legend • NORTH RICHMONDo zs so ,00 ( LPRCA Regulation Limit ZONING BY-LAW Z456-2003 CONSOLIDATED APRIL 12,2019 mage: IBI GROUP West 0 t Lond nSON N6H 1T3eCanada tel 519 472 7328 ibigroup.com Memorandum To/Attention Municipality of Bayham Date November 28, 2019 From Paul Riley, CPT Project No 3404 - 744 cc William Pol, MCIP, RPP Subject Cleason and Eleanor Hoover-Application for Zoning By-law Amendment, holding removal - Part Lot 112, Concession NTR, Part 10 11R7329, Richmond 1. We have completed our review of an Application for a Zoning By-law amendment for holding provision removal, submitted by Cleason and Eleanor Hoover, for a property located at Part Lot 112, Concession NTR, Part 10 11 R7329, north side of Hoover Valley Road, east of Richmond Road, in the hamlet of Richmond. The applicant is requesting a zoning by-law amendment to remove the (h2/h3) zoning provisions on 1.3 ha (3.2 acres) of land on a 4.2 ha (10.4 acres) parcel in order to permit a new dwelling in Zoning By-law Z456-2003. The purpose of the holding removal is to recognize that additional lots by way of Plan of Subdivision, and an associated Environmental Impact Study, are unlikely due to the topography of the lands. The subject lands are designated as "Agriculture", "Natural Heritage" and "Hamlet" on Schedule "Al" Land Use and "Hazard Lands" and "Significant Woodlands" on Schedule "A2" of the Official Plan of the Municipality of Bayham. The lands are currently zoned holding Hamlet Residential (h2/h3) and LPRCA Regulation Limit on Schedule "E" Richmond and Agriculture (A1) and LPRCA Regulation Limit on Schedule "A" Map No. 15 in Zoning By-law Z456-2003. 2. The parcel has lot frontage of 227 m (746 feet) and lot depth of 415 m (1,361 feet). It is vacant and is characterized'as wooded valleylands along the Otter River tributary. Hoover Valley Road is a municipal road maintained year-round. This area of Richmond does not have access to municipal services, appropriate private water and sewer services are needed for the new dwelling. Surrounding land uses are agriculture to the north, residential and agriculture to the west and residential to the south and east. 3. The Municipality of Bayham Official Plan Section 6 Natural Hazard Lands applies to areas which exhibit or potentially exhibit a hazardous condition as a result of susceptibility to flooding, erosion, steep slopes, etc. Based on a desktop review of the lands there is not suitable land area for new residential lots by way of Plan of Subdivision due to the hazardous sloped conditions and significant woodlands along the Otter River valley. Section 6.1.2 Buildings and Fill permits buildings and structures in the "Hazard Lands" designation where a permit has been provided by IBI GROUP MEMORANDUM 2 Municipality of Bayham—August 13,2019 the Long Point Region Conservation Authority. The applicant has provided a copy of Permit No. LPRCA-226/19 for the construction of a single family dwelling. The zone change is consistent to the Official Plan. 4. Municipality of Bayham Zoning By-law Section 3.3 Holding Zones indicates that for uses normally permitted by the underlying zone, buildings and structures may only be allowed when the holding symbol is removed by zoning amendment. The purposes of the "h2" provision is to ensure orderly development by entering to a subdivision agreement with the Municipality. The purpose of the "h3" provision is to ensure mitigation of impacts to natural heritage features and their ecological functions by Environmental Impact Study (EIS). The intent of the provisions on the subject lands is, in the event of proposals for the creation of lots, to ensure a plan of subdivision process is initiated and that the EIS confirms, among other things, that the proposal does not impact the natural heritage features. The lands are not suitable for additional lots due to the sloped nature of the valleylands and the significant woodlands features, therefore, the construction of one residential dwelling with LPRCA permit approval is in keeping with the intent and purpose of the Zoning By-law. The lands have adequate frontage and land area for the use to meet the required setbacks. 5. We have no objection to the proposed rezoning from the holding Hamlet Residential (HR(h2/h3)zone to Hamlet Residential (HR)zone to permit one new dwelling. IBI Group Paul Riley, CPT Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z695-2019 HOOVER 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 "E" Richmond, by deleting from the Hamlet Residential — holding (HR(h2/h3)) Zone and adding to the Hamlet Residential (HR) Zone those lands outlined in heavy solid lines and marked HR on Schedule "E" Richmond 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 TIME AND SECOND TIME THIS 5th DAY OF DECEMBER 2019. READ A THIRD TIME AND FINALLY PASSED THIS 5th DAY OF DECEMBER 2019. MAYOR CLERK . SEE SCHEDULE A-MAP No.4 ''-ft '' N''''' 4,,,,,,,,,,CNN -,, ,‘ N',.a.\ 5 t yYBD a 0OOV�g�A�' _...�CN1fOND'RD _ '�9 I cr • cif sT 4 ''''1 r ',„, \II ,, , N, This is Schedule"E"to By-law 7 No.Z695-2019, passed the day of , 2019 Mayor Clerk MUNICIPALITY OF BAYHAM A SCHEDULE E Legend NORTH RICHMOND 0 25 50 100 I__` LPRCA Regulation Limit v ZONING BY-LAW Z456-2003 CONSOLIDATED APRIL 12,2019 Me'fe5 ���II ► Uc corporation of tie JR 241 170 urn of Aur November 25, 2019 VIA EMAIL Honourable Jeff Yurek Minister of the Environment, Conservation and Parks College Park 5th Floor 777 Bay St. Toronto, ON M7A 2J3 Re: Declaration of Climate Emergency in the Town of Amherstburq Dear Hon. Yurek, At its meeting of November 12th, 2019, Amherstburg Town Council passed the following resolution as recommended by the Windsor-Essex County Environment Committee: "WHEREAS the Windsor-Essex County Environment Committee is sounding the alarm and urging the City of Windsor and the County of Essex to declare Climate Emergencies and work together to reduce emissions; and, WHEREAS more than 444 Canadian municipalities (including Chatham- Kent, London, Sarnia, Hamilton, St. Catharines, Guelph, Kingston, Kitchener and the Waterloo Region) have declared Climate Emergencies, some of which are also implementing strategic plans in order to help reduce global carbon emissions and mitigate the impacts of climate change; and, WHEREAS Amherstburg distributed sandbags to residents this summer in the face of historic water levels and has 43.7 km of shoreline along the Detroit River and Lake Erie, along with 12.4 km of shoreline on inland waterways, and is thus greatly affected by water levels in the Great Lakes basin; and, WHEREAS the most recent report by the UN Intergovernmental Panel on Climate Change (IPCC) has indicated that within 12 years, in order to keep the global average temperature increase to 1.5 degree C and maintain a climate compatible with human civilization, there must be a reduction in carbon emissions of about 45% from 2010 levels, reaching net zero carbon emissions by 2050; and, WHEREAS based on current projections of the future impacts of human- caused climate change, climate change will adversely the local economy, local infrastructure and property, put a strain on municipal budgets and result in significant economic and health burdens for local residents, particularly our vulnerable populations; and, WHEREAS climate change will jeopardize the health and survival of many local plant and animal species as well as their natural environments and ecosystems; and, WHEREAS Amherstburg and the surrounding region is already experiencing climate change impacts including, but not limited to, overland flooding, heavy rain event flooding, emergence of invasive species, an increased number of high heat days, the rise of vector borne diseases, the re-emergence of blue- green algae and harmful algal blooms in our lakes and rivers; and, WHEREAS municipalities are understood to produce and/or have regulatory jurisdiction over approximately 50% of carbon emissions in Canada; and, WHEREAS Amherstburg is embarking on a review of the Town's Official Plan; and, Website: www.amherstburg.ca 271 SANDWICH ST. SOUTH,AMHERSTBURG, ONTARIO N9V 2A5 Phone: (519)736-0012 Fax: (519)736-5403 TTY: (519)736-9860 WHEREAS implementing climate action and making a transition to a low- carbon economy also represents a significant opportunity to stimulate economic growth, increase job opportunities and develop new technologies; THEREFORE BE IT RESOLVED that Amherstburg declare a Climate Emergency and direct administration to prepare a report containing recommendations for priority actions items, implementation measures and cost requirements to accelerate and urgently work towards the reduction of emissions and preparing for our climate future." cc: Doug Ford, Premier of Ontario Association of Ontario Municipalities AMO) Essex Region Conservation Authority (ERCA) Ontario Municipalities Taras Natyshak, MPP, Essex Chris Lewis, MP, Essex Windsor-Essex County Environment Committee Regards, r Tammy Fowkes Deputy Clerk tfowkes c(�amherstburq.ca Website: www.amherstburg.ca 271 SANDWICH ST. SOUTH,AMHERSTBURG, ONTARIO N9V 2A5 Phone: (519)736-0012 Fax: (519)736-5403 TTY: (519)736-9860 INAYHA. AI 1111 NZ* Olgagge• Qdr 4y p�'Ortunity 1_ Municipality of Bayham January 2, 2020 Council Meeting Cancellation Notice Please be advised the January 2, 2020 Regular Meeting of Council is cancelled. DATED at the Municipality of Bayham this 22nd day of November 2019. Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 Telephone: 519-866-5521 Municipality of SYHAL4 BAYHAM 1� A: P.O. Box 160, 56169 Heritage Line r 1111 Straffordville, ON N0J 1Y0 IIP T: 519-866-5521 F: 519-866-3884 0(1p ��-05 o E: bayham@bayham.on.ca i'tunity IS W: www.bayham.on.ca High Speed Fiber Optic Internet Connectivity - Build-Out Phase 1 November 27, 2019 Further to the notice of August 15, 2019, through the Municipality of Bayham partnership with North Frontenac Telephone Elgin Corp. (NFTEC), fiber optic internet connectivity is being installed in the Municipality of Bayham. Weber Contracting Ltd., the lead contractor for the Bayham fiber project, will commence Phase 1 of the Build-Out in Straffordville on January 6, 2020. Straffordville construction is estimated, dependent upon weather, to last approximately 2 months. Construction will consist mainly of subsurface directional drilling with day-lighting via hydro-vac units. During the project, any concerns pertaining to the construction activity may be directed to: Weber Contracting Ltd. T: 226-641-5280 E: dkonings@webercontractingltd.com E: dwall@webercontractingltd.com Please leave a detailed message and a Weber representative will respond ASAP. Information pertaining to NFTEC's services and connection to the system may be directed to: North Frontenac Telephone Elgin Corp. T: 1-888-638-3575 E: sales@nftctelecom.com W: www.nftctelecom.com All other matters may be directed to the Municipality of Bayham: Municipality of Bayham Paul Shipway CAOICIerk 519-866-5521 pshipway@bayham.on.ca •t Recyc ' T h+ av1 N IC " 5+1 . . Before you place your blue bins at the curb, take a moment to understand what you should and should not recycle. The extra effort to get it right saves money!After your recyclables leave your home, there are a number of processes that they go through from collection to sorting. Proper recycling saves time at the recycling centre and avoids costly problems. Follow these tips to make recycling more beneficial for everyone. 1. Put gift wrap and bags in 4. Avoid "Wishcycling." the trash can. 11 Just because you wish you could These paper items are coated with recycle something, doesn't mean plastic or foil and contain coloured you can. When you throw dyes, making them non-recyclable. oam something in the recycling bin that When mixed with newsprint and doesn't belong there, you are other paper, they cause big problems wishcycling, and it contaminates for the paper mills. items that can be recycled. Here iiii are some items that should stay 2. Flatten your boxes. out of the recycle bin. With the extra volume of recycling ► Clementine boxes during the holidays, recycling trucks ► Plastic toys need all the space they can get. ► Styrofoam TM and bubble wrap firs. Break down, flatten and bundle your ► Paper napkins, towel, and `i"' cardboard boxes or stack them soiled paper plates (compost flattened in your recycling bin. instead!) 3. Plastic bags are not the kind 5. Cups and cartons belong of plastic we're looking for. with other containers. When plastic bags are placed in your _ Things like take-out coffee cups, recycling bins, they clog up the o milk cartons, and juice boxes often recycling system. With all the end up in the wrong bin. Here's a spinning parts at the recycling tip to help you sort it right: If you 1 IMO centre, plastic bags get wound up in %� can drink out of it, it's a container. OR YOU the equipment and can shut down These items belong with other operations. Place plastic bags in the containers in your recycling bin garbage, or locate a retail store that and shouldn't be recycled has a take-back program for bags. with paper. Plasticfilmrecycling.org Thank you for taking the time to sort it right! Communities recycling together. Learn more at london.ca/recycle n res-er e " `' eu.ty lsYe 1=% � e AY \ it 4imer„ 0 � 4 Mwx�naF = �� ST.TI IoNS ----..�� London n Space provided through a partnership between industry and Ontario municipalities to support waste diversion programs. Long Point Region Conservation Authority 4 Elm St., Tillsonburg, Ontario N4G 0C4 519-842-4242 or 1-888-231-5408 . Fax 519-842-7123 Email: conservation@Iprca.on ca . www.lprca.on.ca November 14, 2019 File:1.4.5.1 Paul Shipway, CAOa Municipality of Bayham NOV 2 0 2019 56169 Heritage Line, PO Box 160 Straffordville ON NOJ 1Y0 fiuranr2;t-3 ALIPIOIMIAM Re: 30-Day Notice to Affected Municipalities —2020 Draft LPRCA Budget Dear Mr. Shipway, At a budget meeting of the Board of Directors held on Wednesday, November 13th, the Draft 2020 LPRCA Operating and Capital Budgets were recommended to be circulated to member municipalities for review and comment. The proposed overall increase for the municipal levy is 1.81% versus last year's increase of 3.79%. The overall municipal support requested for the 2020 operating budget of $4,441,340 is $1,644,960. The overall municipal support requested for the 2020 capital budget of $963,450 is $386,450. Specifics for each municipality can be found in attachments 5 and 6. Ontario Regulation 139/96 calls for a 30-day notice to affected municipal partners in order for them to consider and provide comment regarding the draft budget. The Regulation also requires that the notice be accompanied by the financial information used to determine that levy. As such, please find attached the following information on LPRCA's budgets for its member municipalities: 1. 2020 Draft Consolidated Budget Summary 2. 2020 Draft Statement of Operations 3. Five-year Draft Capital Budget 2020-2024 4. LPRCA Draft 2020 Municipal Levy - Consolidated 5. Five Year Summary by Municipality of Levy Apportioned by CVA % 6. Capital Levy by Municipality Apportioned by CVA % LPRCA is requesting any comment regarding the Draft 2020 Budget to be forwarded to this office no later than noon Friday, December 20th, 2019. The weighted vote for the Final 2020 LPRCA Budget will take place the evening of Wednesday, January 8th, 2020 as part of the regular meeting of the LPRCA Board of Directors. If your officials request a presentation of the Draft 2020 budget I would be pleased to present at your Councils earliest convenience on behalf of the LPRCA Board of Directors. If you have any questions or need further information, please contact Aaron LeDuc, Manager of Corporate Services at aleduclprca.on.ca or 519-842-4242, ext. 224. Sincerely, /qt7tdc)i_ Judy Maxwell General Manager Long Point Region Conservation Authority 2020 DRAFT Consolidated Budget Summary 2017 2018 2019 2019 2020 2020 Change from %of Actual Actual Sept 30 YTD Budget Draft Budget 2019 Budget Approved $ $ $ $ $ $ % Budget Total Operating Expenditures 4,267,254 4,262,474 3,498,226 4,182,984 4,441,340 258,356 6.2% 82.2% Total Capital Expenditures* 269,000 349,326 628,894 878,350 963,450 85,100 97% 17.8% Total Expenditures 4,536,254 4,611,800 4,127,120 5,061,334 5,404,790 343,456 6.79% 100.0% SOURCES OF REVENUE MunicipalLevy-Operating 1,462,129 1,553,674 1,607,453 1,607,452 1,644,960 37,508 2.33% 30.4% Municipal Levy-Capital 269,000 349,326 368,550 387,650 386,350 (1,300) -0.34% 7.1% Municipal Levy 1,731,129 1,903,000 1,976,003 1,995,102 2,031,310 36,207.93 1.81% 37.58% Municipal Levy-Special Norfolk 48,100 48,100 223,100 175,000 364% 4.1% Total Municipal Levy 1,731,129 1,903,000 1,976,003 2,043,202 2,254,410 211,208 10.34% 41.7% Provincial Funding 60,327 193,988 205,820 37,111 29,998 (7,113) (19.2%) 0.6% MNR Grant 68,240 68,240 35,229 68,240 35,229 (33,011) (48.4%) 0.7% MNR WECI&Municipal Funding 29,105 37,881 - 95,000 90,000 (5,000) (5.3%) 1.7% Federal Funding 53,754 53,826 131,112 154,339 135,165 (19,174) (12.4%) 2.5% User Fees 2,158,501 2,140,083 1,831,307 2,163,962 2,309,144 145,182 6.7% 42.7% Community Support 426,920 374,085 377,531 296,380 409,344 112,964 38.1% 7.6% Interest on Investments 28,078 24,395 - - - - 0.0% 0.0% Land Donation 50,000 460,000 - - - - 0.0% 0.0% Gain on Sale of Assets (1,805) 518,067 - - - - 0.0% 0.0% BayhamALUS 158,748 183,890 266,175 - - - 0.0% 0.0% Deferred Revenue/Reallocation 48,100 - (48,100) (100.0%) 0.0% Contribution from(to)Reserves (226,743) (1,345,655) - 155,000 141,500 (13,500) (8.7%) 2.6% TOTAL REVENUE 4,536,254 4,611,800 4,823,176 5,061,334 5,404,790 343,456 6.79% 100.0% *The Capital Expenditures in the 2020 Draft Budget are proposed to be funded by Municipal Levy of$386,350,WECI$90,000,Federal Natural Disaster Mitigation Program of$122,500 and$141,500 from Reserves. Attachment 1 Long Point Region Conservation Authority Statement of Operations 2017 2018 2019 2019 2020 2020 Change from Contribution Increase to Actual Actual Sept 30 YTD Budget Draft Budget 2019 Budget (to)from Levy$ S S $ S S % Reserves$ Program: Watershed Planning and Technical Services 225,066 257,752 396,710 288,618 357,474 68,856 23.9% - 48,984 Watershed Flood Control Services 306,459 307,230 202,440 231,360 232,699 1,339 0.6% - 26,098 Healthy Watershed Services 249,186 266,735 222,669 186,006 186,134 128 0.1% (5,185) (54,158) Communication and Marketing Services 183,386 61,146 56,263 113,332 112,275 (1,056) (0.9%) - (15,057) Backus Heritage and Education Services 617,349 635,573 485,909 628,140 606,661 (21,479) (3.4%) - (18,795) Conservation Parks Management Services 617,866 721,642 632,220 773,975 863,376 89,401 11.6% (274,924) No levy Public Forest Land Management Services 240,850 211,364 155,700 234,062 224,538 (9,524) (4.1%) (75,462) No levy Private Forest Land Management Services 152,245 118,411 148,551 122,926 161,659 38,733 31.5% - No levy Other Conservation and Land Management Services 539,484 561,270 398,155 518,459 586,725 68,266 132% - 86,445 Corporate Services 1,135,362 1,121,352 799,609 1,086,107 1,109,799 23,692 2.2% 355,572 (36,008) Total Program Expenditures 4,267,254 4,262,474 3,498,226 4,182,984 4,441,340 258,356 6.2% (0) 37,508 Objects of Expenses: Staff Expenses 2,472,183 2,473,278 1,994,856 2,744,806 2,922,869 178,063 6.5% Staff Related Expenses 44,116 38,143 29,146 54,130 56,375 2,245 4.1% Materials and Supplies 312,411 276,086 262,747 272,482 325,848 53,366 196% Purchased Services 1,064,367 1,051,243 1,059,515 1,017,679 1,038,260 20,582 2.0% Equipment 25,495 51,715 33,971 28,300 31,800 3,500 12.4% Other 56,396 61,701 49,946 65,587 66,188 601 0.9% Bayham ALUS 158,748 183,890 68,673 - - - Amortization 133,538 126,417 - - - - Total Expenditures 4,267,254 4,262,474 3,498,855 4,182,984 4,441,340 258,356 6.2% Sources of Revenue: Municipal Levy-Operating 1,462,129 1,553,674 1,607,453 1,607,452 1,644,960 37,508 2.3% Provincial Funding 60,327 193,988 205,820 37,111 29,998 (7,113) (19.2%) MNR Grant 68,240 68,240 35,229 68,240 35,229 (33,011) (48.4%) MNR WECI 8,Municipal Funding 29,105 37,881 - - - - 0.0% Federal Funding 53,754 53,826 131,112 9,839 12,665 2,826 28.7% User Fees 2,158,501 2,140,083 1,831,307 2,163,962 2,309,144 145,182 6.7% Community Support 426,920 374,085 377,531 296,380 409,344 112,964 38.1% Interest on Investments 28,078 24,395 - - - - 0.0% Land Donation 50,000 460,000 - - - - 0.0% Gain on Sale of Assets (1,805) 518,067 - - - - 0.0% BayhamALUS 158,748 183,890 266,175 - - - 0.0% Contribution from(to)Reserves (226,743) (1,345,655) - - 0 (0) 0 0.0% Total Revenue 4,267,254 4,262,474 4,454,626 4,182,984 4,441,340 258,356 6.2% Attachment 2 Long Point Region Conservation Authority FIVE YEAR DRAFT CAPITAL BUDGET 2020-2024 CORPORATE SUMMARY PROGRAMS AND PROJECTS 2020 2021 2022 2023 2024 Total OBJECTS OF EXPENSES Watershed Services Flood Control Structure Repairs and Studies 380,000 980,000 130,000 450,000 400,000 $2,340,000 NDMP Riverine Floodplain Mapping 94,500 $94,500 NDMP Norfolk County Lake Erie Shoreline Hazard Mapping 110,600 $110,600 Backus Heritage and Education Services Backus Hydro Upgrades 10,000 10,000 10,000 $30,000 Homestead Roof Replacement 25,000 25,000 $50,000 New Comfort Station in Campground 45,000 $45,000 Pool Deck Concrete Replacement 19,500 $19,500 Education Centre Flooring Replacement 25,000 $25,000 Mill Footbridge Replacement 10,000 10,000 $20,000 Two Pavilion Upgrades with Hydro and Security Lighting 20,000 $20,000 Conservation Parks Management Services Deer Creek CA Pump House Replacement 20,000 $20,000 Haldimand CA Hydro Upgrades 10,000 $10,000 Haldimand CA North Gate 20,000 $20,000 Haldimand CA Washroom 55,000 $55,000 Haldimand CA Boat Launch 30,000 $30,000 Haldimand CA Water System Upgrades/Well Access 12,000 $12,000 Norfolk CA Hydro Upgrades 10,000 10,000 $20,000 Norfolk CA Washroom 55,000 $55,000 Norfolk CA Beach/Pumphouse Stair Access Upgrade 5,000 $5,000 Waterford North CA Office/Pavilion Roof Replacement 8,000 $8,000 Waterford North CA Water and Electrical Additions Phase 3 157,700 $157,700 Waterford North CA Floating Dock/Canoe Station 6,000 $6,000 Other Conservation and Land Management Services Truck Replacement(2 pickup trucks) 70,000 30,000 30,000 30,000 30,000 $190,000 Utility Task Vehicle(2) 32,000 $32,000 Equipment Replacement(1 riding lawnmower) 15,000 15,000 15,000 15,000 15,000 $75,000 Foresty Tract Signage-Heritage 6,450 5,400 $11,850 Forestry Tract Gates 4,200 4,200 4,200 $12,600 911 Signs for all Properties 14,000 $14,000 Corporate Services Computer Upgrades 8,500 5,000 5,000 5,000 5,000 $28,500 $ 963,450 $1,239,600 $ 249,200 $ 590,000 $ 475,000 $3,517,250 SOURCES OF REVENUE MUNICIPAL GENERAL LEVY-Capital $ 386,350 MUNICIPAL SPECIAL LEVY-Capital $ 223,100 Grants-Provincial(MNR)(WECI) $ 90,000 Grants-Federal-Natural Disaster Mitigation Plan $ 122,500 Reallocation of General Levy-Capital $ - Reserves $ 141,500 $ 963,450 Attachment 3 LPRCA 2020 MUNICIPAL LEVY-CONSOLIDATED -DRAFT LEVY AMOUNTS PER CAPITA PER CAPITA MUNICIPALITY OPERATING CAPITAL TOTAL (Watershed) (Municipality) Haldimand County $232,601 $54,631 $287,231 $20.42 $9.61 Norfolk County $865,971 $203,390 $1,069,361 $20.96 $19.91 Norwich Twp. $110,465 $25,945 $136,409 $21.63 $16.00 South-West Oxford Twp. $37,351 $8,773 $46,124 $25.08 $7.52 Tillsonburg $201,945 $47,431 $249,375 $18.93 $18.93 Total Oxford County $349,761 $82,148 $431,908 Brant County $109,970 $25,829 $135,799 $26.56 $4.54 Bayham Municipality $74,792 $17,566 $92,359 $17.00 $17.00 Malahide Township $11,866 $2,787 $14,652 $21.84 $2.18 $1,644,960 $386,350 $2,031,310 $20.81 $12.40 Increase over 2019 $37,507.93 ($1,300) $36,208 Per Capita Increase over 2019 $0.38 ($0.01) $0.37 Attachment 4 5 Year Summary by Municipality of Levy Apportioned by CVA% LPRCA Draft Budget Operating Levy Draft Budget Capital Levy Draft Budget Total Levy $ 1,644,960 $386,350 $2,031,310 Municipal Levy-Operating Municipal Levy-Capital Municipal Levy-Combined $Increase %Increase $Increase %Increase $Increase %Increase Amount of %of Total Year over Year over Amount of %of Total Year over Year over Amount of %of Total Year over Year over Municipality Year Levy Share Levy* Year Year Levy Share Levy* Year Year Levy Share Levy* Year Year Haldimand County 2016 $204,043 14.44% $38,854 14.44% $242,897 14.44% 2017 $207,125 14.17% $3,082 1.51% $49,485 14.17% $10,631 27.36% $256,610 14.17% $13,713 5.65% 2018 $218,044 14.03% $10,919 5.27% $51,723 14.03% $2,238 4.52% $269,767 14.03% $13,157 5.13% 2019 $226,963 14.12% $8,919 4.09% $54,734 14.12% $3,011 582% $281,697 14.14% $11,930 4.42% 2020 $232,601 14.14% $5,637 2.48% $54,631 14.14% ($103) -0.19% $287,231 14.14% $5,534 1.96% Norfolk County 2016 $748,430 52.90% $142,515 52.90% $890,945 52.90% 2017 $776,193 52.98% $27,763 3.71% $185,445 52.98% $42,930 30.12% $961,638 52.98% $70,693 7.93% 2018 $822,699 53.09% $46,506 5.99% $195,154 53.09% $9,709 5.24% $1,017,853 53.09% $56,215 5.85% 2019 $845,974 52.63% $23,275 2.83% $204,014 52.63% $8,860 4.54% $1,049,988 52.63% $32,135 3.16% 2020 $865,971 52.64% $19,996 2.43% $203,390 52.64% ($624) -0.31% $1,069,361 52.64% $19,373 1.85% Oxford County' 2016 $302,500 21.45% $57,602 21.45% $360,102 21.45% 2017 $314,084 21.41% $11,584 3.83% $75,040 21.41% $17,438 30.27% $389,124 21.41% $29,022 8.06% 2018 $333,558 21.48% $19,474 6.20% $79,124 21.48% $4,084 5.44% $412,682 21.48% $23,558 6.05% 2019 $344,257 21.42% $10,699 3.21% $83,020 21.42% $3,896 4.92% $427,277 21.42% $14,595 3.54% 2020 $349,761 21.26% $5,504 1.60% $82,148 21.26% ($872) -1.05% $431,908 21.26% $4,631 1.08% Brant County 2016 $84,213 5.96% $16,036 5.96% $100,249 5.96% 2017 $89,378 5.96% $5,165 6.13% $21,354 5.96% $5,318 33.16% $110,732 5.96% $10,483 10.46% 2018 $97,809 6.11% $8,431 9.43% $23,201 6.11% $1,847 8.65% $121,010 6.11% $10,278 9.28% 2019 $105,228 6.55% $7,419 7.59% $25,377 6.55% $2,176 9.38% $130,605 6.55% $9,595 7.93% 2020 $109,970 6.69% $4,742 7.59% $25,829 6.69% $452 1.78% $135,799 6.69% $5,194 3.98% Bayham Municipality 2016 $63,434 4.49% $12,079 4.49% $75,513 4.49% 2017 $65,058 4.49% $1,624 2.56% $15,543 4.49% $3,464 28.68% $80,601 4.49% $5,088 6.74% 2018 $70,301 4.45% $5,243 8.06% $16,676 4.45% $1,133 7.29% $86,977 4.45% $6,376 7.91% 2019 $73,371 4.56% $3,070 4.37% $17,694 4.56% $1,018 6.10% $91,064 4.56% $4,087 4.70% 2020 $74,792 4.55% $1,422 1.94% $17,566 4.55% ($128) -0.72% $92,359 4.55% $1,294 1,42% Malahide Township 2016 $10,060 0.71% $1,916 0.71% $11,976 0.71% 2017 $10,290 0.71% $230 2.29% $2,458 0.71% $542 28.29% $12,748 0.71% $772 6.45% 2018 $11,261 0.70% $971 9.44% $2,671 0.70% $213 8.67% $13,932 0.70% $1,184 9.29% 2019 $11,659 0.73% $398 3.53% $2,812 0.73% $141 527% $14,471 0.73% $539 3.87% 2020 $11,866 0.72% $207 1.77% $2,787 0.72% ($25) -0.88% $14,652 0.72% $182 1.26% 2020 $1,644,960 $37,508 2.33% $386,350 ($1,300) -0.34% $2,031,310 $36,208 1.81% Operating Capital Combined 2016 $ 1,412,680 $ 269,002 $1,681,682 2017 $ 1,462,128 $ 49,448 3.50% $ 349,325 $ 80,323 29.86% $1,811,453 $ 129,771 7.72% 2018 $ 1,553,672 $ 91,544 6.26% $ 368,549 $ 19,224 5.50% $1,922,221 $ 110,768 6.11% 2019 $ 1,607,452 $ 53,780 3.46% $ 387,650 $ 19,101 5.18% $1,995,102 $ 72,881 3.79% 2020 $ 1,644,960 $ 37,508 2.33% $ 386,350 $ (1,300) -0.34% $2,031,310 $ 36,208 1.81% Total $ 7,680,893 $1,760,876 $9,441,769 Notes:Operating Notes:Capital Notes:Combined 2016 $14.37 per capita 2016 $2.74 per capita 2016 $17.11 per capita 2017 $15.04 per capita 2017 $3.59 per capita 2017 $18.63 per capita 2018 $16.03 per capita 2018 $3.80 per capita 2018 $19.83 per capita 2019 $16.47 per capita 2019 $3.97 per capita 2019 $20.44 per capita 2020 $16.85 per capita 2020 $3.96 per capita 2020 $20.81 per capita Oxford County Apportionment: Oxford County Apportionment: Oxford County Apportionment: Norwich Twp. $ 110,465 Norwich Twp. $ 25,945 Norwich Twp. $ 136,409 South-West Oxford $ 37,351 South-West Oxford $ 8,773 South-West Oxford $ 46,124 Tillsonburg $ 201,945 Tillsonburg $ 47,431 Tillsonburg $ 249,375 $ 349,761 $ 82,148 $ 431,908 Attachment 5 2020 Approved Capital Levy By Municipality Apportioned by CVA% LPRCA Haldimand Norfolk Norwich South-West Brant Bayham Malahide Project County County Township Oxford Twp. Tillsonburg County Municipality Township Total Watershed Services $ 15,271 $ 56,855 $ 7,253 $ 2,452 $ 13,259 $ 7,220 $ 4,910 $ 779 $ 108,000 Backus Heritage and Education Services $ 4,171 $ 15,530 $ 1,981 $ 670 $ 3,622 $ 1,972 $ 1,341 $ 213 $ 29,500 Conservation Parks Management Services $ 13,956 $ 51,960 $ 6,628 $ 2,241 $ 12,117 $ 6,598 $ 4,488 $ 712 $ 98,700 Other Conservation and Land Management Services $ 20,030 $ 74,570 $ 9,512 $ 3,216 $ 17,390 $ 9,470 $ 6,440 $ 1,022 $ 141,650 Communication and Marketing Services $ - $ - $ - $ - $ - $ - $ - $ - $ - Corporate Services $ 1,202 $ 4,475 $ 571 $ 193 $ 1,044 $ 568 $ 386 $ 61 $ 8,500 TOTAL $ 54,631 $ 203,390 $ 25,945 $ 8,773 $ 47,431 $ 25,829 $ 17,566 $ 2,787 $ 386,350 Attachment 6 26 November 2019 Paul Shipway, CAO, Municipality of Bayham The Photographers of the Otter Valley (POV) proposes the installation of some gallery hanging hardware in the foyer of the Straffordville Community Centre. Much of the wall space there is already utilized for signs and plaques, but there is additional unused wall space, mostly in the hallway that goes north from the main portion of the foyer. POV's motivation is to have access to some gallery space within Bayham where there is easy access for the public to see photographs produced by club members. gimp • _A 11116 1 • ' 411761 4 _ - The system consists of a rail that is fasten to the wall at the ceiling. From there thin cables hang that have attached fasteners to attach to the frames. The cables can be moved along the rail to any position and the fasteners can be adjusted for hanging heights. It is understood the Municipality has the ultimate authority over how the space is used, and that the Straffordville Hall Committee (SHC) shares much of the costs for the utilities which service the space. Considerations include safety, liability risks, and functionality. It is proposed that the gallery hanging system would not interfere with function of the foyer and hallway as any artwork displayed would be at the walls and would not interfere with the normal passage of visitors to the facility. The Fire Marshall should be able to confirm this. As for liability risks, it would be understood (by waiver if desired) that any artwork damaged or stolen would be the loss only to the owner of the artwork. In the case of POV photography, the POV member who suffered the loss would have no issue with the Municipality or the SHC. The gallery hanging system is designed for artworks of a maximum of a few pounds (less than some of the existing wall displays). If any were to fall, they would start the fall from below head level. Admittedly, the space was not designed to be an art gallery, but the lighting is good. The Municipality might also find uses for the system, for example, to display photos from the Blue Flag Photo Contest, to encourage other local artists to show their work, and/or to facilitate displays by other community groups. The proposal is to proceed in two phases. 1. The first phase to be a pilot project for about two meters (linear) of wall space with the gallery hanging hardware to be paid for and installed by the POV. If that was a success by the Municipality and the SHC, then 2. a cost sharing arrangement for acquiring the gallery system for the remainder of the feasible wall space would be negotiated among the three entities — SHC, Municipality and POV. This second phase is estimated to have a cost of about $400. Proposed initial pilot project This pilot would cost about $100 including taxes and shipping. It would provide the capacity to hang from 1 to 6 frames (depending upon frame sizes) on a wall of about 2 meters long. • STAS minirail white 150cm 1 59" - complete kit, including 2 perlon cords 150cm with STAS zipper. It is suitable for hanging two small picture frames or one larger frame. The smallest picture rail in the world, suitable for wall mounting. $41.98 • Picture rail hooks and cords (readymade sets for loads up to 33 lbs: perlon cord + STAS zipper hook) at $9 each. $36.00 For the pilot phase, the POV would order, pay the cost, and perform the installation with the understanding the POV could utilize the arrangement at least three months a year. If the pilot project was acceptable, then the Straffordville Hall Foundation and/or the Municipality of Bayham might share the costs of four additional sets. The equipment proposed above is available from a company, STAS, which has a variety of hanging systems for homes, corporations and professional/museum galleries. There are competing products available. POV members have no financial interests in STAS or its competitors. The STAS products referred to can be seen at their website https://www.picturehangingsystems.ca/quick-start-minirail-white We would be happy to meet with you to discuss any concerns you may have, and then proceed to present this proposal to Council. The concept has been discussed with Ken Andrews of the SHC, and he indicated the SHC is interested in helping, but would need a specific proposal before making any commitment. Rose Sofalvi-Beuk, President of POV rosebeuk@hotmail.com 647 406 7625 Bruce Bolin, member of POV b.bolin@computer.org 519 550-1822 4nrooris..„,;..,,,, i ,,,,iplish t.fr.14;*7- 1111ft I REPORT op �o . CAO pol_tunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: December 5, 2019 REPORT: CAO-69/19 SUBJECT: MUNICIPAL RECYCLING PROGRAM — FULL PRODUCER RESPONSIBILITY TRANSITION BACKGROUND In November 2016, the Province passed the Waste-Free Ontario Act, 2016 (WFOA) that includes two acts: the Resource Recovery and Circular Economy Act (RRCEA) and the Waste Diversion Transition Act (WDTA). Supporting documents have been released by the Province since the new waste legislation passed and include the following: 1. Strategy for a Waste-Free Ontario: Building the Circular Economy, released February 2017 2. Made-in-Ontario Environment Plan, released November 2018 3. Discussion Paper on Reducing Litter and Waste in Our Communities, released March 2019 The primary outcome of the new legislation is to transition the costs of the blue box program away from municipal taxpayers to make the producers of products and packaging fully responsible. The legislation will wind up the existing shared responsibility of the Blue Box Program Plan (BBPP)for designated printed paper and packaging (PPP) (i.e. blue and grey box materials) between municipalities and PPP producers, and transition the program to full producer responsibility. Completing this transition would obligate producers across the province to pay for and manage their materials, and enable a common list of what can be recycled across the province. In August 2017, the Minister of the MECP, at the request of municipalities and producers of PPP, directed Stewardship Ontario (SO) and the Resource Productivity and Recovery Authority (RPRA) to develop a proposal for an amended BBPP that would expedite and outline the first phase of transitioning Ontario's blue box program. The intent of the amended BBPP was to take a first step to transition the program from a shared responsibility program to an extended producer responsibility regime, and set the stage for a second step that would result in individual producer responsibility. The Minister directed that the plan be submitted by February 15,2018. A final a-BBPP was not submitted to the Minister, and work on the file stalled until November 2018. Then, as identified above, the Province released the Made-in-Ontario Plan, followed by a discussion paper to set the stage for the steps to begin the work to transition the program. On June 7, 2019, as a follow-up to their release of the Made-in-Ontario Environment Plan and Discussion Paper on Reducing Litter and Waste in Our Communities, the Province announced that a Special Advisor on Recycling and Plastic Waste was appointed to mediate and provide recommendations on next steps for the BBPP. The Special Advisor was directed to provide a report to the Minister by July 31, 2019 on how to tackle plastic waste and litter, improve recycling, increase products that can go into the blue box, and ensure producers are responsible for managing plastic and other packaging at end- of- life. As cited in the Minister's letter, the work of the Special Advisor was guided by the following public policy objectives: • Standardization across the province of what can be recycled in offices, parks, public spaces, and homes; • Improve diversion rates and increase what materials can be recycled; • Reduce litter and waste in communities and parks; • Improve Ontario's blue box program by requiring producers to pay for the recycling ofthe products they produce, through achieving producer responsibility; and • Maintain or improve frequency of blue box collection. Over a six-week period, the Special Advisor met with a broad range of stakeholders. On July 20, 2019, the Special Advisor submitted a report outlining recommendations to the Minister. The report released to the public on August 6, 2019 included recommendations for seven key issues; a summary is provided below. The recommendations are generally aligned with the positions advocated by municipalities over the past few years. 1) A measured timeframe for transition of the blue box program to full producer responsibility. Recommendations included: o Transition should occur over a six-year period, from 2019 to 2025. o Before the end of 2019, the Minister of the MECP should issue direction to Stewardship Ontario outlining a timeline for transition. o Complete consultation with municipalities, producers, public, and other stakeholders. o Over a three-year period, from 2023 to the end of 2025, transfer responsibilities of the blue box program from municipalities to producers. 2) Ensuring a common collection system. Recommendations included: o Future regulations should maintain blue box collection as an essential part of any collection system, but also allow producers flexibility to collect some packaging through other methods. o Gather facts and data on the current state of the program and retain expert advice on how to proceed with transferring the services provided by municipalities to producers. 3) Transitioning the program must not negatively impact the recycling services that Ontarians use every day. o Transitioning municipal assets. Recommendations included: o If all responsibilities are transferred to producers, they must have control to decide which assets will be used in future collection and management systems. Producers should not be forced to use, or pay for, municipal assets they do not need. o Municipalities must be able to bid fairly on future services for producers. 4) Standardizing what's in the blue box. Recommendations included: o It should be easier for Ontarians to understand what is recyclable and what is not. o Regulations should make producers responsible for all printed paper and packaging they put into the market and clear goals for diversion from landfill should be set. However, there should be flexibility for producers to identify the best way to achieve these goals. o Regulations should establish a standard list of recyclables that must be collected through recycling boxes or depots across Ontario, but also allow producers to use other methods to meet or supplement diversion requirements. 5) Determining eligible sources for blue box materials. Recommendations included: o Transition must consider whether it makes sense for producers to be responsible for delivering recycling services beyond curbside and depot collection, meaning; should producers be held responsible for providing recycling at apartments, some businesses, parks, and other public spaces. o Producers should provide recycling services wherever it is provided by municipalities now. o After transition, producers should gradually expand collection in multi- residential buildings, parks, public spaces. o Recycling services should not be provided to industrial, commercial and institutional (IC&I) establishments as these facilities already have their own waste servicing arrangements and plan, and recycling at these facilities is covered by a different provincial regulatory framework. o It is important that Ontarians have similar opportunities to recycle whether they are at home, work or out in the public. The Province should review and modernize the regulatory framework for IC&I establishments to improve overall diversion rate in Ontario. 6) Setting effective diversion targets. Recommendations included: o Regulate and enforce targets that set a level playing field to ensure that the recycling system strives to achieve meaningful environmental outcomes. o A single or overall recycling target is neither workable or effective. The Province should consult to identify specific targets for different types of printed paper and packaging materials. o The categories of materials should be specific enough that they can be used to identify materials that have low diversion rates, so that action can be taken to improve. o Set targets that drive innovation and find new efficiencies and cost savings. o Targets must progressively increase over time to ensure innovation and evolution. 7) Promoting increased diversion from landfill. Recommendations included: o Reduce, reuse and recycle should all count as diversion. Processes that continue to make materials available as a resource for a new product or packaging should be considered diversion. o Incineration and energy-from-waste should not count as diversion. o The first R - Reduction should be considered first and where feasible producer responsibility regulations should recognize and reward producers for reducing waste and improving environmental performance. On August 15, 2019, the Minister of the Environment, Conservation and Parks announced the next steps for transitioning the costs and operations of the blue box program away from municipalities to the make the producers of products and packaging fully responsible. Based on the recommendations provided in the Special Advisor's report, the Minister announced that blue box services will transition to producers in phases over a three-year period, starting January 1, 2023. The Minister has directed Stewardship Ontario to submit a plan to outline how the current program will operate over the three-year period by June 30, 2020. Further, a letter was issued to the Resource Productivity and Recovery Authority (RPRA) to approve the plan no later than December 31, 2020. The approach will provide time for consulting with the public, stakeholders, and Indigenous communities, providing certainty for municipalities and adequate time for producers to engage service providers to meet their obligations. The details of how the program will operate, including collection, processing, targets, oversight, designated materials, costs, etc., will largely be provided via future regulation(s). The first group of municipalities or First Nations will transfer responsibility of their programs to producers by January 1, 2023. The intention is that by December 31, 2025 producers will be fully responsible for providing blue box services to the entire province. At this time, there are no details provided about which municipalities will transfer their responsibilities first, or throughout the phased approach. It is important to note that as municipalities transfer their responsibility and control to producers during the three-year phase-in, they will begin to have the full costs of their recycling programs paid for by the producers. During this time, while other municipalities wait for their transfer date, the cost of the recycling services will continue to be shared, with the municipal portion paid for via municipal taxes. Although the phased approach will advantage some and disadvantages others, the phased approach is necessary due to the complexity of contracts for services and the amount of work required. DISCUSSION On April 5, 2012 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2012-041, being a by-law to authorize the execution of an agreement with Norfolk Disposal Services Ltd for curbside recycling and waste collection. The original term of Agreement No. 0185-08 expired June 1, 2019. On December 6, 2018, the Municipality exercised one (1) of its three (3) contract extension options to extend Agreement No. 0185-08 until June 1, 2020. On October 28, 2019, the Municipality of Bayham contacted Norfolk Disposal to consider extending Agreement No. 0185-08 until June 1, 2023 or 2024 by mutual agreement. On November 27, 2019, Norfolk Disposal indicated it was agreeable to extending Agreement No. 0185-08 until June1, 2023 or 2024. Staff would respectfully recommend extending Agreement No. 0185-08 until June 1, 2023. The Municipality would still retain one (1) extension option following June 1, 2023. This course of action would provide the earliest and most secure contractual arrangements to transition to full producer responsibility. This recommendation is based on the assumption that the Council wishes to transfer recycling program responsibility, including full control of the same, to the producers as soon as possible. The 2018 net cost to deliver recycling services including both collection and processing was approximately$100,000. Although the full details are not yet known, the objective of transitioning the blue box program is to transfer 100% of the cost to the producers. RECOMMENDATION 1. THAT Report CAO-69/19 re Municipal Recycling Program— Full Producer responsibility be received for information; 2. AND THAT staff be directed to exercise the extension option on Agreement No. 0185-08 until June 1, 2023; 3. AND THAT staff be directed to work to transfer the recycling program to full producer responsibility as soon as possible. Respectfully Submitted by: Paul Shipway CAOICIerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-085 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE CHALK 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 8 and 9, Concessions 2 and 3, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 218290, prepared by Spriet Associates, dated September 17, 2019, 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 $176,000.00; 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.218290, dated September 17, 2019 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$176,000.00 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. 2019-085 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 Soper Road Drain". READ A FIRST AND SECOND TIME this 17th day of October, 2019 and provisionally adopted this 17th day of October, 2019. .//I 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 No. 2019-085 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on November 7, 2019 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 Otii C�:c�+ I .��� i 7 • THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-086 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE VIENNA LINE 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 11 TO 13, Concessions 2 and 3, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 218145, prepared by Spriet Associates, dated September 17, 2019, 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 $85,300.00; 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.218145, dated September 17, 2019 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 $85,300.00 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. 2019-086 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 Soper Road Drain". READ A FIRST AND SECOND TIME this 17th day of October, 2019 and provisionally adopted this 17th day of October, 2019. 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#2019-086 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on November 7, 2019 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 ( ) , ) ) > H H i THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-098 BEING A BY-LAW TO ADOPT A PERSONNEL POLICY MANUAL WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a Municipality with the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it further necessary to adopt a new Municipality of Bayham Personnel Policy Manual reflecting the required ethical and legal requirements for all Employees of the Municipality; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. THAT a Municipality of Bayham Personnel Policy Manual attached as Schedule "A" be adopted; 2. THAT By-Law No. 2017-127 is hereby repealed; 3. THAT this by-law shall take force and effect January 1, 2020. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 5th DAY OF DECEMBER 2019. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-099 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN PHIL MAUER & ASSOC/M.G. LEASING INC. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law 2016-047 pursuant to Section 41 of the said Planning Act. AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval, as the Council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan Agreement with Phil Mauer &Assoc./M.G. Leasing Inc. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between The Corporation of the Municipality of Bayham and Phil Mauer & Assoc./M.G. Leasing Inc. affixed hereto and forming part of this By-law as Schedule "A". 2. THAT the executed agreement be registered at the owner's expense against the land to which it applies under the Land Titles Registry Elgin # 11. READ A FIRST AND SECOND TIME this 5th day of December 2019. READ A THIRD TIME AND FINALLY PASSED this 5th day of December 2019. MAYOR CLERK 1 SCHEDULE 'A' TO BY-LAW NO. 2019-099 SITE PLAN CONTROL AGREEMENT PHIL MAUER & ASSOCIATES/M.G. LEASING INC. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM REGARDING LANDS Concession 9 Pt Lots 22 & 23, Plan 113 Pt Lot 3 &4, W/S Main, Bayham 2 This Agreement made in duplicate this 5th day of December 2019. BETWEEN: PHIL MAUER & ASSOCIATES/M.G. LEASING INC. (hereinafter the "Owner") Of the First Part AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter the "Municipality") Of the Second Part WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of Bayham in the County of Elgin and Province of Ontario, being described as Lots 22 & 23, Plan 113 Pt Lot 3 & 4/W/S Main, Concession 9 therein, and more particularly identified and depicted in Attachment "A" attached hereto (and hereinafter referred to as the "Lands" ); AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan attached and marked as Attachments "B1", "B2" & "B3" hereto (and hereinafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of approval of proposed development of the Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By- Law No. 2016-047, being the Site Plan Control By-Law enacted by the Council for the Municipality; NOW THEREFORE, in consideration of good and valuable consideration exchanged herein and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each party to the other, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner and Municipality hereby covenant and agree as follows: 1. The Owner agrees that no building permit will be available for the development of the Lands until the Plan has been approved by the Municipality and further agrees that work 3 in relation to such development will not commence prior to the issuance of a building permit. 2. The Attachments hereto and as described below, attached and verified by the signatures of the Parties hereto, are incorporated in and form part of this Agreement: Attachment "A" — Lands Description, Attachment"B1" —Site Plan & Vehicular Circulation Plan Drawing No. SP1 Attachment "B2" —Site Grading & Servicing Plan Drawing SP2 Attachment "B3" —Site Details Drawing SP3 Attachment "C" —Certificate of Compliance. 3. The Parties agree and acknowledge that Attachment "A" (Lands) hereto identifies the Lands which are subject to this Agreement and, furthermore, Attachments "B1", "B2", "B3" depicts and details the Plan for development of the Lands, including but not limited to; (a) The location and height of all buildings and structures to be erected; (b) The location of vehicular entrances and exits; (c) The location and provision of off-Street vehicular loading and parking facilities, including driveways for emergency vehicles; (d) Walkways and all other means of pedestrian access; (e) The location and provision of fences, trees and all ground cover or facilities for landscaping the Lands and protecting the adjoining lands and, furthermore, depicts the lighting, including flood lighting, of the Lands and any building or structure to be erected thereon; (f) The location and provision for the collection and storage of garbage and other waste materials. 4. The Owner agrees and covenants that the Lands will be developed, including but not limited to any building or structure that is to be erected thereon, in strict accordance with the Plans depicted on Attachments "B1", "B2" and "B3" hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Attachment "B2" ("Site Grading & Servicing Plan") hereto depicts and details proposed site servicing facilities for development of the Lands, including but not limited to; (a) Lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); (b) Location of utilities within the road allowance and site connections to these utilities; (c) Building finished floor elevations; 4 (d) Other information as required by the Municipality. 6. The Owner agrees and covenants that the site plan and vehicular circulation plan drawing upon the Lands will be in strict accordance with the Plans depicted on Attachment "B1" hereto, subject only to such changes receiving prior approval from the Municipality. 7. The Owner further agrees that: (a) Final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer prior to consideration of any request for final release of any security held by the Municipality relative to the proposed development of the Lands. (b) All necessary provisions for service connections on-site will be made to the satisfaction of the Municipality. (c) Construction work will be carried out expeditiously, in good and work-man-like manner, in accordance with good trade practices, and, at all times, so as to minimize nuisance. (d) All necessary precautions to avoid dust, noise and other nuisances and to provide for public safety will, so far as possible, be undertaken so as to achieve compliance with all federal, provincial, or other municipal regulations or standards. (e) All necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street and, where such tracking occurs, the street shall be cleaned at the end of each working day. (f) Garbage disposal facilities will be of an enclosed type located and depicted on the Site Plan as attached as Attachment "A" hereto, at all times designed in a manner satisfactory to the Municipality. (g) Unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the limits of the Lands. (h) No topsoil shall be stockpiled on any other portion of the Lands except those lands identified for that purpose in Attachment "A" to this Agreement; provided that all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds and other noxious plants; and the Municipality may at all times enter the Lands for purposes of inspection of such stockpiling of topsoil and, if necessary, for purposes of maintenance of weeds, the cost of which shall be borne by the Owner and collected either in like manner as municipal taxes or from any security held by the Municipality to ensure performance of all obligations by the Owner in respect of the development of the Lands. 5 (i) Stockpiling of snow will not be allowed on the Lands where it will constitute a hazard as determined by the Municipality. (j) The electrical servicing of the Lands shall be subject to the approval of Hydro One, or any successor utility thereto. (k) During the period of development of the Lands as contemplated by this Agreement, if the Owner fails to take any act required for public safety or convenience, as determined by the Municipality, and upon seven (7) days written notice, the Municipality, in addition to any other remedy at law, may enter upon the Lands and undertake any and all works to correct such failure and thereby reinstate such element of public safety or convenience, the cost of which municipal work shall be borne by the Owner and collected in like manner either as municipal taxes or from any security held by the Municipality to ensure performance of all obligations of the Owner hereunder. (I) The Municipality is at liberty to consider any breach of this Agreement as a violation of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, thereby constituting an offence pursuant to section 67 of the said Act and, further, entitling the Municipality to seek any manner of remedy or relief as based thereon, including but not limited to the issuance of a stop work order and/or injunction to restrain continuation of such breach. (m)Nothing in this Agreement constitutes a waiver of the duty of the Owner to comply with any other by-law of the Municipality or any other law, whether federal or provincial in nature. 8. The Owner shall be responsible for consulting with Hydro One, or any successor utility thereto, regarding any matters which relate to utility services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from any and all regulatory body having an interest in or jurisdiction over the development of the Lands, including but not limited to the Long Point Region Conservation Authority and the Ministry of the Environment, Conservation & Parks. 10. The Owner shall satisfy all requirements in relation to fire protection for the building or buildings or structure or structures to be erected upon the Lands to the satisfaction of the Fire Chief for the Municipality of Bayham and the Ontario Building Code. 11. The Owner agrees to pay for damages to public property, including but not limited to any municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may occur during the development of the Lands as contemplated by this Agreement. In the event that the Owner shall fail to repair any such damage within thirty (30) days of occurrence, the Municipality may enter upon the Lands and effect such repair at the sole risk and expense of the Owner. 12. The Owner agrees that any and all lighting required for the development of the Lands in accordance with this Agreement shall be installed and maintained so as not to interfere with the use or enjoyment of adjacent properties or with the safe flow of traffic on 6 abutting or adjacent streets, the determination of which interference shall be in the sole discretion and opinion of the Municipality. 13. The Owner shall install and maintain plants, groundcover, grassed berms, fencing and continuous row of natural evergreens or natural shrubs as buffering upon the Lands and in strict accordance with the Plans and at all times to a standard acceptable to the Municipality. 14. If the Ontario Building Code requires that an Architect or Professional Engineer, or both, shall be responsible for the field review of any new building or structure or extension thereof as contemplated by this Agreement, then the Owner shall not occupy or use or permit occupation or use of, any such building or structure or extension thereof until after an Architect or Professional Engineer has delivered approval thereof to the Municipality by a letter addressed to the Municipality and signed by the said Architect or Professional Engineer and certifying that all construction and/or services on or in the Lands, including any such building or structure or extension thereof thereon as required for the development or redevelopment of the Lands have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15. The Municipality, through its servants, officers, and agents, including its Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter upon the Lands and/or any building or structure being erected thereon to inspect; (a) the progress of the development upon the Lands; (b) the state of maintenance as required by this Agreement; (c) compliance with any and all laws, whether Federal, Provincial, or Municipal, including any and all by-laws for the Municipality and more particularly including By-Law No. 2016-047 as Site Plan Control By-Law; and, (d) compliance with this Agreement. 16. In the event of any servant, officer, or agent of the Municipality determining, upon inspection of the Lands and any building or structure erected thereon, that the development is not proceeding in strict accordance with the Plan, and specifications filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such notice to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency in relation to which that notice relates or, alternatively, appeal to the Council of the Municipality of Bayham as hereinafter provided. 17. In the event of any servant, officer, or agent of the Municipality, having inspected the Lands or any building or structure being erected thereon in accordance with this Agreement, be of the opinion that the state of maintenance of such Lands, building, or structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice detailing the particulars of such opinion and the basis therefor, by registered mail, to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively, appeal such opinion and the need for correction to the Council of the Municipality of Bayham as hereinafter provided. 7 18. In the event that the Owner should disagree with the opinion of the servant, officer, or agent of the Municipality as to the state of compliance and/or maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which Council, after hearing the details of the alleged deficiency and hearing the response of the Owner, shall express its opinion as to whether the maintenance of the lands, building, or structure is satisfactory and which decision shall constitute a final determination of the issue. 19. In the event that the Owner shall fail to obey a stop work order issued pursuant to section 16 above, the Owner acknowledges and recognizes the right of the Municipality to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate relief, including but not limited to an injunction restraining continuation of work upon the Lands. 20. In the event that an Owner shall fail to correct a deficiency after notice is given pursuant to sections 16 or 17 above and which notice the Council of the Municipality of Bayham subsequently determines is correct in accordance with section 19 above, the Council of the Municipality of Bayham may by by-law direct, on default of the matter or thing being done by the Owner and after two (2) weeks written notice to the Owner as delivered by registered mail to the last known address of the Owner, that such matter or thing be done by or on behalf of the Municipality, at the expense of the Owner, which expense may be recoverable by action, as municipal taxes, or as drawn from and paid by any security deposit with the Municipality as security for full performance of all obligations by the Owner in respect of the development contemplated by this Agreement. 21. The Owner further acknowledges that any contravention of any provision of this Agreement will constitute a contravention of By-Law No. 2016-047 for the Municipality of Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy or relief, is subject to prosecution and penalty as provided for in section 67 of such Act. 22. Unless otherwise authorized, in the event that the Owner wishes to revise the development as described in and depicted in Attachments "A" and/or "B1", "B2", "B3" attached, he, she, or it shall make application to the Council of the Municipality of Bayham for reconsideration and approval and, furthermore, the Owner agrees that construction shall not proceed so as to implement any such revision until approval is given by such Council or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended. 23. The Owner agrees to pay to the Municipality all administration costs incurred in connection with the preparation and/or implementation of this Agreement, including all legal, engineering, and inspection costs. 24. Upon execution of this Agreement and as contribution to capital charges, the Owner shall pay to the Municipality, in cash or by certified cheque, the amount of _zero_ Dollars and zero_ Cents ($0.00). 8 25. Upon execution of this agreement and as contribution to Site Plan Review expenses, the Owner shall pay to the Municipality the amount required for the municipality to process the site plan control application including the agreement preparation. 26. Before commencing any of the work contemplated herein, the Owner shall supply the Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing coverage to a minimum amount of $_zero_ per occurrence, and in a form satisfactory to the Municipality, thereby indemnifying the Municipality from any loss arising from claims for damages, injury, or otherwise, in connection with the work to be undertaken upon the Lands and for which approval contemplated by this Agreement is granted. The said policy of insurance shall be provided at the time of execution of this Agreement and shall remain in force until the development contemplated herein is complete and all required documentation in evidence thereof has been filed with the Municipality. 27. The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before December 5, 2020. The Parties agree that it is a responsibility of the Owner to arrange for completion of the development contemplated by this Agreement on or before such date and, furthermore, to apply for any extension of and from such date by no later than sixty (60) days prior to such intended completion date. 28.As security for the performance and completion of all works required by this Agreement, the Owner shall provide the Municipality with a Letter of Credit, in the amount of_zero_ Dollars and _zero_Cents ($0.00). The said Letter of Credit will be based on the estimated cost of alterations to public property, roadways, curbs and gutters and drains, and any repairs for damages to public property, roadways, curbs and gutters and drains, plus all site-specific components as identified by the Site Plan and Site Servicing Plan, attached as Attachments "B1" and "B2" and "B3", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit will be issued by a Chartered Bank or other institution acceptable to the Municipality and provide specific reference to this Agreement and provide for the value thereof to be payable to the Municipality at any time or, in part, from time to time, upon written notice from the Municipality. The Letter of Credit shall be provided by the Owner to the Municipality at the time of execution of this Agreement and shall remain in force, until twelve (12) months after completion of the development contemplated by this Agreement, including but not limited to production of all documentation required for evidence of such due and proper completion of the Development. 29. This Agreement and the provisions thereof do not grant to the Owner, or any person acquiring any interest in the said Lands, any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of his, her, or its obligations under this Agreement or any negligence on the part of the Owner in relation to the Performance of any obligations required by this Agreement. 30. In the event that construction on the Lands has not commenced within the one (1) year from the date of registration of this Agreement against title to the Lands, the Municipality may, at its option and on one (1) month written notice to the Owner, declare this agreement to be terminated, subject to renegotiation at the option of the Municipality. In the event that the Agreement is terminated as set forth above, the Owner agrees that construction on the Lands as contemplated by this Agreement will not be commenced or 9 continued until such time as the terms of this Agreement, at the option of the Municipality, have been renegotiated. 31. Following completion of the development of the Lands in accordance with the Plans contemplated by this Agreement and attached as Attachments "A" and "B1", "B2", "B3" hereto, the Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in the form and of the content set forth in Attachment "C" hereto, by which Certificate the Owner shall confirm that all elements of this Site Plan Agreement have been completed in accordance with the terms hereof and the provisions of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality. 32. The Owner agrees that he, she, or it will not call into question, directly or indirectly and in any proceeding whatsoever in law or in equity or before any administrative tribunal or court, the right of the Municipality to enter into this Agreement or to enforce each and every term, covenant, and condition herein contained and, furthermore, acknowledges that this provision may be pled as an estoppel as against the Owner in any such case. 33. The Owner agrees on behalf of himself, herself, or itself, including their respective heirs, executors, ministries, and assigns, to save harmless and indemnify the Municipality from all losses, damages, costs, charges, and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly from any action taken by the Owner in accordance with this Agreement. 34. All facilities, works, and other matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense but at all times to the satisfaction of the Municipality in accordance with all standards applied by the Municipality and, in default thereof and without limiting any right or claim to remedy or relief as available to the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, shall apply. 35. This Agreement shall be registered, at the expense of the Owner, against title to the Lands and the Municipality shall be entitled, subject to the provisions of any statute of the Province of Ontario, including but not limited to the Registry Act and/or Land Titles Act, to enforce its provisions against the Owner as named herein, including any successor in title thereto. Registration must be completed prior to the issuance of a building permit. 36. This Agreement enures to the benefit of and is binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and seals or under cover of duly authorized officials at the Municipality of Bayham, Straffordville, Ontario this day , 20_ Signed, Sealed, and Delivered In the presence of ) Philip Mauer Phil Mauer&Assoc./M.G. Leasing Inc. Witness ) I have authority to bind the Corporations. 10 CORPORATION OF THE ) MUNICIPALITY OF BAYHAM Mayor Clerk ) We have authority to bind the Corporation 11 ATTACHMENT "A" Lands Description Roll#3401-000-006-11550 Municipal Address: 56954 Eden Line Legal Description: Concession 9 Pt Lots 22 & 23 Plan 113 Pt Lot 2 & 3 W/S Main, RP 11 R5905 Parts 3, 4, 5, 13, 14, Municipality of Bayham, County of Elgin PIN# : I 1. v Y x 3 I Car Accessible Type 13' Van Auessible m.. -_SITF STATISTICS u9n loos pn:A:::vw am a �.., ('�'Gras g��'y� y CvT.y, I:: .zi veru IIa-3901 ! ® TYPe A'Barrier-free m..� ww�-•W� �7II��7Jmere F Ak j I' 1 Parking Space ,. vwu+a^il�� ma �.•..�•...'.'^ .F 4.1....... a.mm • I HAMLET RESIDENTIAL(HR) f011 1110 MI• 99994,69.96 S --....="2:::::— ---�� --"'''',-...,...4... `� p� 'kt ! i.�u: frxrnw xoTR r Ix romee mows me bons 10 e mm �$ --/[s—_—_--- AG' prrx 5 WD 4Wf nape' ....c.o....1�Y�bkbi.•------- 685av� —.—.—._—. 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LIGHT DUTY ASPHALT DETAIL _ A _ ... K.: .s.. co ANCSCAPE NOTES- GENERAI PI ANTINC NOTES. MDT=MRS 2.4-Mn1. m C/C ', w [mxve �uw N[aun[z Trv[.wrxw.0 o ra cm a _ 2,..„7,—.=---7,: MT wMn , AMMAN MDR,TSNR.Br 4'TAT AI 1 L 1 - t P < , = u.,.mm.� ".n m r tia °rsN°R ux. LR m„Nmxz N xT Zx Y M N a °�,°I \ �A� '1.'1.117:41/:t.21'117 = m' x.LLm,K .,° . N ..W .717,10111 W NIATIVm..rs[mux�ox�l.w, Z (AI M\ , _ ,x6-g.r m�Mma,m m m,n m a°[ N[gm°o [zz m ...� �mm __ __ mum mrs mz muo..m ma a x.x.m_zr„„m_ yir ..wxc �x Q4rI �°E%sesW,xn ems%[ �tioEVIIa OLAK.x9 ,x u. a aoNu N.T...m 9m.w°c 0 AI __ �...naa r.r.m rtss �...n.r.ma me ,mTF m m 1 u m sm wuna smucvrcz aro // ___ _ I a as x„V„Rd,�„yrs., ii11i—`'� PLAT MATERIALS cane xrz5l p -r--r---- �u,mumum. mv.,mam.w.rs .urs ,,,„ r 4IT gr ( ;i nom` xm`�,c" °�Ns°m `N°"`°`"N� .[um[...cu.uN[...,u>m�,s.,., g : oa...crsn u.z savr w°s°.,°,Nvm,m xx , . z xw[e[auvNm ro.Nmm a�.. ,=,°r m.sm Nmxu[m. m.m F. I� (sr"°.-..n'R�.o., Arlo r„[xxL ..w�m.u,.nm.,...s s z x[.u[N°m m m .--_-_,#,',00E� y '..,� �Mm .nim mom° �� m, . 1----,,,,,,,,— m...um m m- i.�.i R..uM Nnr.�,m.o.rlx�u..om,x oa a.. PROPOSED INDUSTRY,is MIE T° 0N FOR I ,m.m. �s� ° m' D NTT[L'°"°°`"` PHIL BMAUERm& ASSOC. saolu —�..,. m. — ., ,m_ mx Amm N �N W E m.mxPm TM[nP m R FRONT ELEVATION SECTION NEA EDEN NE. BMA OF BAYH AM° mmVa°tO uv.m ..xms mrtrwxmrafFos poTACT:g SINKE sat-4191 PROPOSED TREE-UNE PARALLEL TO PROPERTY UNE CONSISTING OF(I>) mm el SOLID—WOOD PRIVACY FENCE DETAIL 'WHITE SPRUCE'(PICEA GUUUN TO BEENOERLES�THAN 1.2m IN HEIGHT SDE DETAILS AND PLANTING NOTES AT THE TIME OF PLANTINGLAP OR SMALLER TREES OR IN WIRECBASKETS FOR LARGER TREES)UR R.M./G.B. 7026 ® TREE PLANTING DETAIL AND NOTES a2 M.E.M. oA x.: Neu - RIR >Dzs 19 y SP3 3 M C ENGINEERING .vmi0N M,v,w..u.m //T779CH/1 --YX-7- \'/3 3 13 ATTACHMENT "C" CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: Owner: This document serves to certify that the Development project on the afore-noted Lands has been completed in accordance with the terms and conditions of the Site Plan Agreement between the undersigned, as Owner, and the Corporation of the Municipality of Bayham as dated , 20_, and as authorized by By-Law No. 20 - for the said Municipality of Bayham. The undersigned makes this certification declaring it to be true and correct and as if made under oath. Dated at , Ontario this day of , 20_. Witness Signature Name of Owner (Print) Address of Owner (Mailing) Telephone Number THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z695-2019 HOOVER 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 "E" Richmond, by deleting from the Hamlet Residential — holding (HR(h2/h3)) Zone and adding to the Hamlet Residential (HR) Zone those lands outlined in heavy solid lines and marked HR on Schedule "E" Richmond 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 TIME AND SECOND TIME THIS 5th DAY OF DECEMBER 2019. READ A THIRD TIME AND FINALLY PASSED THIS 5th DAY OF DECEMBER 2019. MAYOR CLERK SEE SCHEDULE A-MAP No.4 ���. 0111111100. :dDo _..R1C1I3 foND 11" - �'pil� CFf • i • • \'\ v � ti. y k O t This is Schedule"E"to By-law 7 No.Z695-2019, passed the day of ,2019 Mayor Clerk MUNICIPALITY OF BAYHAM - SCHEDULE E Legend NORTH RICHMOND 0 25 50 100 ( LPRCA Regulation Limit ZONING BY-LAW Z456-2003 CONSOLIDATED APRIL 12,2019 MOms THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z696-2019 PHIL MAUER/M.G. LEASING INC. 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 "D" Eden by changing the zoning symbol on the lands from site-specific Urban Industrial (M4-4) and holding Hamlet Residential (HR(h2)) zone to a site-specific Urban Industrial (M4-4) zone, which lands are outlined in heavy solid lines and marked M4-4 on Schedule "D" to this By-law, which schedule is attached to and forms part of this By-law. 3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 23.13.4 Exception — Urban Industrial (M4) Zone by adding the following clauses: 23.13.4.3 Minimum Rear Yard Setback 8.2 metres 23.13.4.4 Maximum Lot Coverage 15 % 4) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Local Planning Appeal Tribunal. READ A FIRST TIME AND SECOND TIME THIS 5th DAY OF DECEMBER 2019. READ A THIRD TIME AND FINALLY PASSED THIS 5th DAY OF DECEMBER 2019. MAYOR CLERK SEE SCHEDULE A-MAP No.3 /Allp /// /' :' �� _� + / 1 F I ( r, --F-ncnclvE_ . As' ;4aaYsr.. i SEE SCHEDULE A-MAP No.6 This is Schedule"D"to By-law No.Z696-2019, passed the day of ,2019 Mayor Clerk MUNICIPALITY OF BAYHAM SCHEDULE D Legend NORTH EDEN I, LPRCA Regulation Limit 0 75 150 300 ZONING BY-LAW Z456-2003 CONSOLIDATED APRIL 12,2019 a/H`°: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-100 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD DECEMBER 5, 2019 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 December 5, 2019 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 5th DAY OF DECEMBER, 2019. MAYOR CLERK