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June 18, 2015 - Council
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA Thursday, June 18, 2015 MUNICIPAL OFFICE STRAFFORDVILLE, ONTARIO 7:00 p.m. Page 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS (a) Presentation of Ontario Fire Service Bars to District Chief Perry Grant and District Chief Tom Millard 5. DELEGATIONS (a) 7:05 p.m. - Robert Foster, External Auditor, Graham Scott Enns to present Draft 2014 Financial Statements and Audit Findings Letter (b) 7:15 p.m. - Earl Shea on behalf of the Harbourfront Committee regarding the continued operations of the Harbourfront Committee as a Committee of Council 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) 6 - 17 (a) Regular meeting of Council held June 4, 2015 Public meeting held June 4, 2015 (Proposed Community Improvement Plan) Public meeting held June 4, 2015 (Zoning Sandyshore Farms) 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT Page 1 of 357 2015 Regular Council Agenda June 18, 2015 Page 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 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2. Reports to Council 18 - 19 (a) Report DS-36/15 by Bill Knifton, Chief Building Official, Drainage Superintendent re Peters Drain Branches 20 - 33 (b) Report DS-37/15 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Rezoning Application - Sandyshore Farms Ltd. 34 - 50 (c) Report DS-38/15 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Site Plan Agreement - Lighthouse Gospel Church 51 - 120 (d) Report DS-39/15 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Community Improvement Plan - Elgincentives Page 2 of 357 2015 Regular Council Agenda June 18, 2015 Page 11. FINANCE AND ADMINISTRATION 11.1. Correspondence 11.1.1 Receive for Information 121 - 122 (a) Ministry of Transportation re Off-Road Vehicle use in Ontario 123 (b) Municipality of West Elgin re Elgin-St. Thomas Municipal Association 124 - 127 (c) Keep Hydro Public re resolution regarding the proposed privatization of Hydro One 128 (d) Notice of Public Consultation re Canada 150 Fund 129 (e) Town of Newmarket resolution re Community Mailboxes 130 - 164 (f) Ministry of Environment and Climate Change re Source Protection Plan Information Bulletins 11.1.2 Requiring Action 165 - 167 (a) Memorandum regarding Straffordville Columbarium Request 11.2. Reports to Council 168 - 179 (a) Report CAO-35/15 by Paul Shipway, CAO re Encroachment By-Law 180 - 191 (b) Report CAO-36/15 by Paul Shipway, CAO re Prohibited Animal By-Law 192 (c) Report CAO-37/15 by Paul Shipway, CAO re RFP 15-01 Realty Services 193 (d) Report CAO-38/15 by Paul Shipway, CAO re Edison Museum RFP 194 - 196 (e) Report CAO-39/15 by Paul Shipway, CAO re Vienna Community Centre Accessibility Renovations 197 - 204 (f) Report CAO-40/15 by Paul Shipway, CAO re Green Energy Act 205 - 206 (g) Report CAO-41/15 by Paul Shipway, CAO re Railway Right-of-Way Page 3 of 357 2015 Regular Council Agenda June 18, 2015 Page 12. BY-LAWS 207 - 208 (a) By-Law Z639-2015 Being a By-law to further amend By-law Z456-2003 (Sandyshore Farms Ltd.) 209 - 213 (b) By-Law 2015-066 Being a By-law to authorize the execution of an agreement for the provision of yard maintenance associated with by-law enforcement 214 - 235 (c) By-Law 2015-067 Being a By-law to authorize an agreement for the provision of Police Services for the Elgin Group Municipalities 236 - 244 (d) By-Law 2015-068 Being a By-law to regulate encroachments on public lands 245 - 256 (e) By-Law 2015-069 Being a By-law to authorize the execution of a site plan agreement with Lighthouse Gospel Church Trustees 257 - 265 (f) By-Law 2015-070 Being a By-law to prohibit or otherwise regulate the keeping of certain animals within the Municipality of Bayham 266 - 280 (g) By-Law 2015-071 Being a By-law to authorize the execution of a lease agreement in association with the property located at 6215 Plank Road 281 - 348 (h) By-Law 2015-072 Being a By-law to designate the entirety of The Municipality of Bayham as a Community Improvement Project Area and approve a Community Improvement Plan as part of the Elgincentives Community Improvement Plan 349 - 355 (i) By-Law 2015-073 Being By-law to authorize the execution of an encroachment agreement 356 (j) By-Law 2015-074 Being a By-law to authorize the execution of an agreement for the provision of realty services 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL 357 (a) By-Law 2015-075 Being a By-law to confirm all actions of Council 16. ADJOURNMENT (a) Adjournment Page 4 of 357 2015 Regular Council Agenda June 18, 2015 Page Page 5 of 357 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES Thursday,June 4,2015 MUNICIPAL OFFICE STRAFFORDVILLE,ONTARIO 7:00 P.M. Council recessed at 7:30 p.m.for Public Meetings -Planning(CIP)&Zoning and reconvened at 7:53 p.m. Council recessed for a short break at 8:58 p.m.and reconvened at 9:07 p.m. The regular meeting of the Council of the Municipality of Bayham was held on Thursday,June 4, 2015 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Tom Southwick, Councillors Randy Breyer,Wayne Casier and Ed Ketchabaw, CAO Paul Shipway and Clerk Lynda Millard. Planning Coordinator/Deputy Clerk Margaret Underhill was in attendance to present her respective reports. 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST&THE GENERAL NATURE THEREOF Councillor Breyer declared an interest in item 11.1.2(a)regarding Bayham Beachfest. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA (a) Addendum Items: 4 Memorandum re OPP Contract and the Elgin Group Police Services Board • 2015 Budget Infographic Release • Report CAO-31/15 by Paul Shipway, CAO re 6215 Plank Rd-Potential Edison Museum Location • Closed session item regarding litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board 4. ANNOUNCEMENTS 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Regular meeting of Council held May 21,2015 Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT the minutes of the regular meeting of Council held May 21,2015 be adopted. CARRIED Page 1 of 8 Regular meeting of Council held June 4,2015 Public meeting ... Page 6 of 357 Council Minutes June 04,2015 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION,CULTURE,TOURISM AND ECONOMIC DEVELOPMENT 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL 9. PHYSICAL SERVICES-EMERGENCY SERVICES 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL 10. DEVELOPMENT SERVICES-SUSTAINABILITY AND CONSERVATION 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION (a) Notice of Public Meeting re Proposed Community Improvement Plan (b) Committee of Adjustment Certified Notice of Decision for File No.A-02/15(Murray) (c) Notice of Adoption of Official Plan Amendment No. 16 (d) Notice of passing of Zoning By-Law Z637-2015 Moved by: Councillor Ketchabaw Seconded by:Councillor Casier THAT correspondence items 10.1.1(a) -10.1.1(d)be received for information. CARRIED 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL 11. FINANCE AND ADMINISTRATION 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION (a) Town of Aurora re Community Mailboxes (b) Township of Greater Madawaska re Hydro One Rates (c) Town of St. Marys re VIA Rail and Network Southwest Action Plan (d) Forum for Young Canadians re 2015-2016 sessions (e) Town of Aylmer re Elgin-St.Thomas Municipal Association (f) Township of North Stormont resolution re power rates (g) Deborah Apps,Trans Canada Trail President&CEO re Trans Canada Trail highlights and progress(information update publication available upon request) Page 2 of 8 Regular meeting of Council held June 4,2015 Public meeting ... Page 7 of 357 Council Minutes June 04,2015 Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT correspondence items 11.1.1(a)-11.1.1(g)be received for information. CARRIED 1.2 REQUIRING ACTION (a) Notification of Special Event re Bayham Beachfest(formerly tubdaze) Councillor Breyer declared a conflict of interest regarding Bayham Beachfest. Moved by: Deputy Mayor Southwick Seconded by:Councillor Casier THAT Council approves use of the east beach by Bayham Beachfest for event to be held daily from 12:00 noon until 9:00 p.m.,on July 31 -August 2,2015, including a beer garden,subject to meeting the requirements of the Municipal Alcohol Policy, based on an attendance of 100 to 250 people, being 100%Smart Serve Trained personnel,including a minimum of nine(9)Smart Serve trained personnel,plus two(2)extra floor monitors when allowing participants under the age of majority(19)and other volunteer or paid security personnel,as necessary to provide sufficient crowd control and public safety on site during all dates and hours for which the beer garden is open and as listed on the Outdoor Special Occasion Permit Application and also subject to: • all alcohol being served in disposable cups, not bottles or cans; • providing the municipality with proof of certification for the pyrotechnician who will be responsible for the fireworks; • providing a certificate of insurance,naming the Municipality of Bayham as an additional insured,in the minimum amount of$2,000,000 liability, covering all events; • obtaining the necessary approvals from Elgin-St.Thomas Public Health the Ontario Provincial Police and the Bayham Fire Chief,as per the Municipal Event Notice; THAT all other terms and conditions of the municipal rental agreement remain in effect; THAT the clean up of the east beach area and any costs thereof, be the responsibility of the organizers; THAT arrangements be made with the Manager of Public Works to provide picnic tables,garbage cans 1 recycle barrels, pylons and staff assistance for installation of fence assembly and removal; THAT the Manager of Public Works make the necessary arrangements for traffic control and safety. CARRIED Page 3 of 8 Regular meeting of Council held June 4,2015 Public meeting ... Page 8 of 357 Council Minutes June 04,2015 (b) Memorandum regarding OPP Contract and the Elgin Group Police Services Board Moved by:Councilor Casier Seconded by:Councillor Ketchabaw THAT memorandum regarding OPP Contract and the Elgin Group Police Services Board be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham approves a new six year contract with the Ontario Provincial Police with the understanding that the contract may be terminated with one year written notice. CARRIED 2. REPORTS TO COUNCIL (a) Report CAO-29/15 by Paul Shipway, CAO re Advisory Boards &Comittees Moved by:Councillor Ketchabaw Seconded by: Councillor Breyer THAT Report CAO-29115 re Advisory Boards and Committees be received for information; AND THAT Council direct staff to prepare terms of reference for the Cemeteries Board and Museums Bayham Board in accordance with the Municipality of Bayham Advisory Board and Committee Policy for Council consideration. CARRIED (b) Report CAO-30/15 by Paul Shipway,CAO re Straffordville Concession Booth- Agreement No. 153 Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report CA0-30/15 re Straffordville Concession Booth be received for information; AND THAT Council direct staff to bring forward a by-law and agreement for the Straffordville Community Centre lands for consideration. CARRIED (c) Report CAO-32/15 by Paul Shipway, CAO re First Quarter Efficiencies Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report CAO-32115 re First Quarter Efficiencies be received for information; AND THAT the Council direct staff to reallocate 2015 Wastewater Capital funds and utilize Wastewater reserves to complete the Wastewater LED retrofit project. CARRIED Page 4 of 8 Regular meeting of Council held June 4,2015 Public meeting ... Page 9 of 357 Council Minutes June 04,2015 (d) Report CAO-33115 by Paul Shipway, CAO re Canada 150 Fund Moved by: Deputy Mayor Southwick Seconded by:Councillor Breyer THAT Report CAO-33115 re Canada 150 Fund be received for information; AND THAT staff be directed to circulate the notice attached to the report as Appendix'A'for public input for Council consideration. CARRIED (e) Report CAO-34/15 by Paul Shipway,CAO re Polestars Banner Initiative Moved by:Councillor Casier Seconded by: Councillor Breyer THAT Report CAO-34!15 re Polestars Banner Initiative be received for information; AND THAT the Public Works Department be directed to repair the banners and erect and take down banners annually in conjunction with the holiday decoration process. CARRIED (f) Report CAO-31115 by Paul Shipway, CAO re 6215 Plank Rd-Potential Edison Museum Location Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report CAO-31!15 re 6215 Plank Rd-Potential Edison Museum Location be received for information; AND THAT Council direct staff to bring forward a by-law for Council consideration for a lease of 6215 Plank Rd for six(6) months. CARRIED 12. BY-LAWS (a) By-Law 2015-062 Being a By-law to adopt the Capital Estimates for the year 2015 (b) By-Law 2015-063 Being A By-law to establish a levy for the year 2015 to adopt tax rates, provide for penalty and interest in default of payment and the collection thereof Moved by:Councillor Casier Seconded by: Councillor Breyer THAT By-laws 2015-062 and 2015-063 be read a first,second and third time and finally passed. CARRIED Page 5 of 8 Regular meeting of Council held June 4,2015 Public meeting ... Page 10 of 357 Council Minutes June 04,2015 13. UNFINISHED BUSINESS 14. OTHER BUSINESS (a) 2015 Budget Infographic Release Moved by: Councillor Ketchabaw Seconded by:Councillor Casier THAT 2015 Budget Infographic Release be received for information. CARRIED (b) Canada 150 Community Infrastructure Fund Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT staff be directed to make application under the Canada 150 Infrastructure Fund for renovations to the Vienna Community Centre. CARRIED Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT staff be directed to make application under the Canada 150 Infrastructure Fund for renovations to the Straffordville Community Centre. CARRIED Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT staff be directed to submit applications under the Canada 150 Infrastructure Fund ranking the Vienna Community Centre as Project No. 1 and the Straffordville Community Centre as Project No.2. CARRIED (c) In Camera Moved by: Deputy Mayor Southwick Seconded by:Councillor Casier THAT the Council do now rise to enter into an"In Camera"Session of Committee of the Whole at 9:07 p.m.to discuss: • litigation or potential litigation, including matters for administrative tribunals, affecting the municipality or local board. CARRIED Page 6 of 8 Regular meeting of Council held June 4,2015 Public meeting ... Page 11 of 357 Council Minutes June 04,2015 (d) Confidential item regarding litigation or potential litigation including matters before administrative tribunals,affecting the municipality or local board (2014 Election Action) (e) Out of Camera Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Committee of the Whole do now rise from the"In Camera"session at 9:20 p.m.with progress to report. CARRIED Moved by: Deputy Mayor Southwick Seconded by:Councillor Breyer THAT staff be directed to seek reimbursement of all costs associated with the Arlow v. Bayham legal action. Request was made for a recorded vote Councillor Breyer Yea Councillor Casier Nay Councillor Ketchabaw Nay Deputy Mayor Southwick Yea Mayor Ens Yea MOTION CARRIED ON A VOTE OF 3 to 2 IN FAVOUR 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL (a) By-lay 2015-064 Being a By-law to confirm all actions of Council Moved by: Councillor Breyer Seconded by: Councillor Casier THAT confirming By-law 2015-064 be read a first,second and third time and finally passed. CARRIED Page 7 of 8 Regular meeting of Council held June 4,2015 Public meeting ... Page 12 of 357 Council Minutes June 04,2015 16. ADJOURNMENT (a) Adjournment Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Council meeting be adjourned at 9:27 p.m. CARRIED MAYOR CLERK Page 8 of 8 Regular meeting of Council held June 4,2015 Public meeting ... Page 13 of 357 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES Thursday,June 4,2015 MUNICIPAL OFFICE STRAFFORDVILLE,ONTARIO 7:30 p.m.Proposed Community Improvement Plan Present were Mayor Paul Ens,Deputy Mayor Tom Southwick,Councillors Randy Breyer, Wayne Casier,and Ed Ketchabaw,CAO Paul Shipway and Clerk Lynda Millard. Planning Coordinator/Deputy Clerk Margaret Underhill was in attendance. 1. CALL TO ORDER Mayor Ens called the public meeting regarding Proposed Community Improvement Plan to order at 7:30 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) Proposed Community Improvement Plan The purpose of the public meeting is to consider a proposed Community Improvement Plan in accordance with Section 28 of the Planning Act. The purpose and effect of the Community Improvement Plan is to expand the areas subject to Community Improvement to include agricultural areas. Any specific existing Community Improvement Plans would be repealed and replaced by a new Community Improvement Plan applying to the Municipality of Bayham in its entirety. The County of Elgin,being the upper-tier municipality with a coordinating role over the seven municipalities which comprise the County,including the Municipality of Bayham,has recently undertaken the preparation of the Elgincentives Community Page 1 of 2 Regular meeting of Council held June 4,2015 Public meeting ... Page 14 of 357 Council Minutes June 04,2015 Improvement Plan as a component of a strategic County-wide framework for community improvement that is to be administered and funded in partnership within the Municipality. With the new Community Improvement Plan in place,the Municipality would be eligible to avail itself of various programs and funding sources. The Community Improvement Plan will potentially affect any and all lands situated in the Municipality. 5. PUBLIC PARTICIPATION (a) County of Elgin power point presentation by Alan Smith,General Manager Economic Development. Steve Evans,Manager of Planning was also in attendance. When asked about the selection criteria,Mr.Smith stated the Selection Committee is waiting on development of this now. It was also confirmed that an application must be approved for funding before the proposed development can start and the maximum amount to apply for is$15,000 per property which will be allocated according to the project's specifications. 6. CORRESPONDENCE The Planning Coordinator advised there were no inquiries or written comments received prior to or at the meeting. 7. OTHER BUSINESS There was no other business. 8. ADJOURNMENT The Public Meeting regarding Proposed Community Improvement Plan was adjourned at 7:48 p.m. MAYOR CLE Page 2 of 2 Regular meeting of Council held June 4,2015 Public meeting ... Page 15 of 357 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES Thursday,June 4,2015 MUNICIPAL OFFICE STRAFFORDVILLE,ONTARIO 7:30 p.m.-Zoning Sandysore Farms Present were Mayor Paul Ens,Deputy Mayor Tom Southwick,Councillors Randy Breyer, Wayne Casier,and Ed Ketchabaw,CAO Paul Shipway and Clerk Lynda Millard. Planning Coordinator/Deputy Clerk Margaret Underhill was in attendance. 1. CALL TO ORDER Mayor Ens called the Public Meeting regarding Sandyshore Farms proposed rezoning to order at 7:50 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST&THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT (a) Application submitted by Sandyshore Farms Ltd. The purpose of the public meeting is to consider an application to change the zoning on a recently severed parcel from the Agricultural(Al)Zone to the Rural Residential (RR)Zone,and to change the zoning on the retained parcel from the Agricultural(Al- A)Zone to the site-specific Special Agricultural(A2-10)Zone The effect of the by-law will be to accommodate the severance of a surplus dwelling and to prohibit the establishment of any new residential dwellings on the retained agricultural lands in accordance with the land severance policies of the Official Plan. Page I of 2 Regular meeting of Council held June 4,2015 Public meeting ... Page 16 of 357 Council Minutes June 04,2015 5. PUBLIC PARTICIPATION There were no public comments or inquiries. 6. CORRESPONDENCE The Planning Coordinator advised there were no inquiries or written comments received prior to or at the meeting. 7. OTHER BUSINESS There was no other business. S. ADJOURNMENT The Public Meeting regarding Sandyshore Farms proposed rezoning was adjourned at 7:52 p.m. MAYOR CLERK Page 2 of 2 Regular meeting of Council held June 4,2015 Public meeting ... Page 17 of 357 $XY - REPORT +ILDEVELOPMENT SERVICES oma_ _ -° tuniity I$ TO: Mayor&Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: December 18,2014 REPORT: DS-36/15 FILE NO.C-07/E09 SUBJECT: PETERS DRAIN BRANCHES BACKGROUND: The clerk received a petition for drainage on August 18, 2014 from James Crane for lands he owns known as Pt Lot 5, Concession 9. On August 21, 2014, Council appointed Spriet Associates to make an examination of the drainage area and prepare a report for Council's consideration. DISCUSSION: An onsite meeting was held with the Engineer, Drainage Superintendent and landowner shortly thereafter.The lands in question were walked and potential drain location was discussed. Engineer's Report#214226 received from Spriet Associates dated May 28, 2015 was filed with the Clerk on June 5, 2015. Council should now determine whether it wishes to proceed with Notices under the Drainage Act and direct the Clerk to send a copy of the Report and Notice of Public Meeting setting out the date of the Council meeting at which this report will be considered to: (a) Every landowner within the area requiring drainage. (b) Clerk of every other local municipality in which any land or road that is assessed for the drainage works,or for which compensation or other allowances have been provided in the report is situate. (c) Any public utility, railway company or road authority that may be affected. (d) Long Point Region Conservation Authority. (e) The Ministry of Natural Resources. (d)The Director, of the Ministry of Agriculture, Food and Rural Affairs. Report DS-36/15 by Bill Knifton,Chief Building Official,Dr... Page 18 of 357 RECOMMENDATION 1. THAT Report DS-36/15 regarding the Peters Drain Branches be received for information; 2. THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #214226 dated May 28, 2015 for the Peters Drain Branches, as prepared by Spriet Associates,and filed with the Clerk on June 5,2015; 3. THAT Council set a date for the Public Meeting to he held on July 16,2015 at 8:15 pm to consider the Report; 4. AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works,and in accordance with the Drainage Act. Respectfully Submitted by: -7421, ii/e* Bill Knifton /'au hipwa Chief Building Official Administrato Drainage Superintendent Report DS-36/15 by Bill Knifton,Chief Building Official,Dr... Page 19 of 357 istofatt4 REPORT o -or amity i ° DEVELOPMENT SERVICES TO: Mayor&Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: June 18, 2015 REPORT: DS-37/15 FILE NO. C-071 D13 Roll#3401-000-001-12600 SUBJECT: Rezoning Application—Sandyshore Farms Ltd. File: D14.SAND BACKGROUND: Sandyshore Farms Ltd.submitted a rezoning application to rezone their property located at 57518 Glen Erie Line as a condition of Consent Application E49/14,surplus farm dwelling. The purpose of this By-law is to change the zoning on a recently severed lot measuring 0.5 hectares(1.26 acre)in area,from the Agricultural(A1)Zone to the Rural Residential(RR)Zone, and to change the zoning on the retained 40 hectares(99 acres)of land from the Agricultural (A1-A)Zone to the site-specific Special Agricultural(A2-10)Zone in Zoning By-law Z456-2003. The subject lands are located on Part Lot 27, Concession 2,on the north side of Glen Erie Line, east of Godby Road, and known municipally as 57518 Glen Erie Line. The effect of this By-law will be to accommodate the severance of a surplus dwelling,and to prohibit the establishment of any new residential dwellings on the retained agricultural lands in accordance with the land severance policies of the Official Plan. Site-specific regulations on the retained lands are also required to recognize the larger 40 hectare minimum lot area. DISCUSSION: A public meeting was held on June 4,2015 with no persons in attendance. No further written comments or concerns have been received. Staff and planner recommend the passing of the zoning by-law amendment as presented to satisfy the condition of consent for a surplus farm dwelling. ATTACHMENTS: 1. Aerial GIS Map 2. Rezoning Application April 17,2015 3. Draft Zoning By-law Z639-2015 Report DS-37/15 by Margaret Underhill,Deputy Clerk/Planning... Page 20 of 357 Staff Report DS-37/15 Sandyshore Farms Ltd. 2 RECOMMENDATION 1. THAT Report DS-37115 be received for information; 2. AND THAT Zoning By-law Z456-2003,as amended, be further amended by changing the zoning on the lands owned by Sandyshore Farms Ltd.,from the Agricultural(A1)Zone to site-specific Special Agricultural (A2-10)on the retained land and to Rural Residential(RR)on the severed land as subject to Consent Application E49114; 3. AND THAT Zoning By-law Z639-2015 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Z---27 ://91-7/1 Margafet nderhill Deputy Clerk/Planning Coordinator CA. Report DS-37/15 by Margaret Underhill,Deputy Clerk/Planning... Page 21 of 357 CD 0 0 a ti GeOC°' is 57518 Glen Erie Line �_ ...Essentials ornrcGl.Scrvcr V Cr . 7 "' y.S 'w es -- i :'n`.-tet«' ;r''"•ki 't w . .;,, d^ iii 1 ' ; , rl- • X " « S " ,* Legend , 4 _ - Image 4tiCD , l' ;:.,,may III Red' Band_1 .i ° - - - 1111 Green:Band_2 •d..- — . 11( 111 Blue: Band_3 n I ., N" World Street Map 4 '•4 ' I (SO 1 I 17 111 S J- a ` .1 2 CD II i, • 1:7,377 La ;� Notes v,---) 0.4 0 0.19 0.4 Kilometers Sandyshore Farms Ltd.F49(14 This map is a user generated static output from an Internet mapping site and is for reference only.Data layers that appear on this map may or may not be WGS_1984_Web_Mercator_Auxlllary_Sphere accurate,current,or otherwise reliable. 0 Latitude Geographies Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION $XYHAll MUNICIPALITY OF BAYHAM Inii* ^ P.O.Box 160 jf Straffordville,Ontario opp �� �s* NOJ 1Y0 `qty i,: 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 Planning Coordinator/Deputy Clerk 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 informs+;1 , ', ,• form must be completed in full. This mandatory information must be provided with a fee + $2,000 `' ming By-law Amendment or Temporary Use Zoning By-law)or$1500 (Tempora •:• i ning By-law Renewal)or$1500_(Zoning Amendment to Remove Holding Provision). If the application is not completed in full,the application will be returned. I/WE, 51%*6 ( r oa14 vi-6 shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. 4b40 Pro erty Owner Property Owner FOR OFFICE USE ONLY DATE RECEIVED: r/7//S AMOUNT RECEIVED: 45f710:90 DEEMED COMPLETE: Mac/6`/5-- RECEIPT#: 20_f eaJJ FILE NO I>I/ 57/111P1/ DATE ADOPTED BY COUNCIL: y"(et6--emA Coymer•t _/ ./'qyc,F„6`5-7-,,✓G: Mane 9/4"5- Revised February 2015 Report DS-37/15 by Margaret Underhill,Deputy Clerk/Planning... Page 23 of 357 Municipality of Bayham Zoning By-law Amendment Application Page 2 I. Registered Owner's Name: k-1 A`-( S C4E37., fO# 5 1-1-0 Address: -73 I ( 61C(C2 5#04L. lab. ?-(2 Z {Tali` Our-041A- 614 NOT (TO Phone No.(Home): _ Business: 5 LQ g 75 33$Z Fax: Sl 'l r 1'S /606 Email: k2.rk (1 S1-01/4ity Shore, C0. Lot and Concession(if applicable): ?A- b w-r 27 (Doc- Z YE-4'A-A-11A 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. fI rFAtit C- re-.d Cr e fviuArb d- 2. Applicant/Authorized Agent: Address: Telephone No.: Fax: Please specify to whom all communications should be sent: Registered Owner (✓j Applicant/Authorized Agent ( ) 3. Legal Description of the land for which the amendment is requested:Roll# 31-0(—000 -OC(12600 Concession: ' Z Lot: 21 Reference Plan No: Part Lot: Street and Municipal Address No.: 5j G LrwJ L I NTE What is the size of property which is subject to this Application? repitiv, Area: 3/.9 ? HP Frontage: 31 . 9 m Depth: t o C.P p m When were the subject lands acquired by the current owner? p+f( -0�0 a`7 4. Existing Official Plan Designation: kit-k How does the application conform to the Official Plan? Report DS-37/15 by Margaret Underhill,Deputy Clerk/Planning... Page 24 of 357 Municipality of Bayham Zoning By-law Amendment Application Page 3 5. Existing Zoning By-law Classification: �t�-� vTu(�i'l- C�- -f-alis--6_ 1.66,3 What are the current uses of the subject lands? 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 Line Rear Lot Line Height Dimensions Line Setback Setbacks Setback r 6142444 kriAC t I> If known,provide the dates in which each of these buildings were constructed. 6. What is the Nature and Extent of the Rezoning? t-w5 F A IL (v- t te-d:tN A l ILO IR-(Z 4 r 9k-(Pr-6 - 7. Why is the rezoning being requested? 14� 0-511- -i- LOT 14-*E-5 3r ( 5jvkrtg45 I-s Sc.J Lu.5 p A-p Report DS-37/15 by Margaret Underhill,Deputy Clerk/Planning... Page 25 of 357 Municipality of Bayham Zoning By-law Amendment Application Page 4 8. Does the proposed Zoning By-law amendment implement a growth boundary b 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? '140 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) For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Line Rear Lot Line Height Dimensions Line Setback Setbacks Setback 11. Services existing or proposed for the subject lands:Please indicate with a I Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) Private Drilled Well ( /) ( ) Private Dug Well ( ) ( ) Communal Well ( ) ( ) Report DS-37/15 by Margaret Underhill,Deputy Clerk/Planning... Page 26 of 357 Municipality of Bayham Zoning By-law Amendment Application Page 5 Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ( ) Individual Septic System ( A ( r?' 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: 1,C05 cT "TO M(c - u i wrt /21'rL / Proposed Outlet: 12. How will the property be accessed? Provincial Highway( ) County Road( 4 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? Report DS-37/15 by Margaret Underhill,Deputy Clerk/Planning... Page 27 of 357 Municipality of Bayham Zoning By-law Amendment Application Page 6 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision( ) Consent(\wor ' Zoning By-law Amendment( ) Ministers Zoning Order( ) ( 2 tom' -:' If yes to any of the above,indicate the file number and status of the application. 6717162A/6717162A/ Com'in7 CPQ' Ar 21 ?7/ 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? ip tettAttre (;71?/‘,5- /1;77 DA-1e4/7. p7977//1/e(;)r Krr4 � / 7& 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)? Nn 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; Report DS-37/15 by Margaret Underhill,Deputy Clerk/Planning... Page 28 of 357 Municipality of Bayham Zoning By-law Amendment Application Page 7 • 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; a 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 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: NVP ZO')C (Cf 'f 0 5 Please provide the assessment roll number,location,and zoning of the farm parcel with which the subject lands is being consolidated. .- ury&-yJ • , /e//#3 0/60000/o7Zo00 Con' L c)07 575-570 1oA -Airc �rn� Report DS-37/15 by Margaret Underhill,Deputy Clerk/Planning... Page 29 of 357 Municipality of Bayham Zoning By-law Amendment Application Page 8 I/We, �-00 (Ukt4_- ,of the TVOW 5 Fit Name Town/Township/City/Village etc. of o fc ' .-• ,in the county of 14( AGK- ,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 appoint to act as an Agent on my/our behalf in all aspects of this application. 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: ' c ()C-)a of / Owner/Agent t1�1 iA./A�rr. in the County/Region of Zeffip, � ~ this /7 ' day of */./ 20 /d . Owner/Agent A Commissioner,etc. t:AitG/.,itET UHDTRMIL,a t', Deputy Clerk of the Corporation dam Maniclpaltty of fayh&at. Report DS-37/15 by Margaret Underhill,Deputy Clerk/Planning... Page 30 of 357 Lor 1 I ;.},w I 4,„e LET&ot, m� °F CULTIVATED nap i au "°c amw, Kna Z1 t.. it !, i 1.07 cru #.‘ // t K ao a'10 pd i �� N N X 'ter n :x'' Alcz./N�N OE��/��1��1� it do / SiON2 �h / 1 Lx rCWNsy/A 1a, ffib Y / 3 1-9::) i/ r r1" OF t� I : "' IBA)-1,,A ii a r 1 14 I Fit II lb s _ Al..4 ow ntio •...• 1/ 'D....den-LI ry C- $fir zziN COC ..= RE Go Ne eSSIpjvS ' I �E7:ff,va� ySKETCH ` 4/h4,05 ;o 1NG PROPOSED SEVERANCE AND A PART OF LOT 27 PARCEL 1: TO BE SEVERED CONCESSION 2 GEOGRAPHIC TOWNSHIP OF BAYHAA4 AREA 4991.5 SQUARE METRES 1.23 ACRES MUNICIPALITY OF BAYHAM COUNTY OF ELGIN KIM HUSTED SURVEYING LTD. ONTARIO LAND SURVEYORN,0 & KIM HUSTED SURVEYING LTD. PHONE: 519 Tam FAX: 519-B42-3839 PROJECT: 19-a42— PROJECT: 13-10714SKETCH REFERENCE: FILE Report DS-37/15 by Margaret Underhill,Deputy Clerk/Planning... Page 31 of 357 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.Z639-2015 SANDYSHORE FARMS LTD. 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"A", Map No. 15 by removing from the Agricultural(Al)Zone and adding to the Rural Residential(RR) Zone,which lands are outlined in heavy solid lines and marked RR on Schedule"A"to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No.Z456-2003,as amended,is hereby further amended by amending Schedule"A", Map No. 15 by removing from the Agricultural(Al)Zone and adding to the site-specific Special Agricultural (A2-10)Zone, which lands are outlined in heavy solid lines and marked A2-10 on Schedule"A"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 6.12 EXCEPTIONS—Special Agricultural(A2)Zone,by adding the following new subsection. "6.12.10 6.12.10.1 Defined Area A2-10 as shown on Schedule "A",Map 15 to this By-law 6.102.10.2 Minimum Lot Area 40 hectares" 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 Ontario Municipal Board. READ A FIRST AND SECOND TIME THIS 18th DAY OF June 2015. READ A THIRD TIME AND FINALLY PASSED THIS 18th DAY OF June 2015. MAYOR CLERK Report DS-37/15 by Margaret Underhill,Deputy Clerk/Planning... Page 32 of 357 SEE SCHEDULE A-MAP No.12 I i 1 ` 1 a 1 .4 ,204,„„.. 1 - „T. it.. ! I `-`40 D. L •�� 1t w "', .J VT21 c41.. ,_ 1LOT 22 .`'x�to idT 23 .At .Y , ''k A..., E r LOT 25 ,,, f e Y -� 1 1 _ LOT 26 i4. . �,f 1r LOT 27 i'7`7 '., w^\y_�''r I / C'OT28 S \ ,. - _ t r f `y _., A2-1O' -- - 1 s._� Jti'� .; J �s.�• - 4ffitir • I 1----" I `. RR ,,� f�N I t i - ti 1 ^Y LA$ 2QIP 444426, This is Schedule"A"to By-law No.Z639-2015,passed the lath day of June,2015 Mayor Clerk MUNICIPALITY OF BAYHAM Le°d'dAk ilt MIN SCHEDULE 0 r LPLPRCA Regi WW1 LInR IMIzi,P No.15 " s" o "run Report DS-37/15 by Margaret Underhill,Deputy Clerk/Planning... Page 33 of 357 $AY ilinpik y 1/4„, REPORT o41iiii � DEVELOPMENT SERVICES ApoI 0rtunity TO: Mayor&Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: June 18, 2015 REPORT: DS-38115 FILE NO. C-071 D10.Ligh Roll#3401.002.001-07900 SUBJECT: Site Plan Agreement—Lighthouse Gospel Church (D11.LIGH) BACKGROUND: A site plan control application was received on April 1, 2015 and deemed complete April 2,2015 from Lighthouse Gospel Church for their property located at 59 Victoria Street, Port Burwell. The application proposes an addition of 694.7 m2(7477.68 sq.ft)to the existing church for the purpose of a gymnasium and meeting rooms. The subject land is designated"Institutional" in the Official Plan and zoned Institutional(I)in the Zoning By-law Z456-2003. DISCUSSION: Staff reviewed the final site plan drawing and approve of the drawing details.The owners have reviewed the site plan agreement and agree to it moving forward for Council consideration. Based on the review, the site plan approval application and accompanying final drawing received on June 9,2015, staff concur that it meets the intent of the Official Plan,the requirements of the Zoning By-law. The attached site plan agreement is the municipality's standard site plan agreement and includes the site-specific development drawing. Staff recommends approval of the site plan agreement as presented. ATTACHMENTS 1. Aerial GIS map 2. Site Plan Application 3. Draft By-law 2015-069 Site Plan Agreement attached. Report DS-38/15 by Margaret Underhill,Deputy Clerk/Planning... Page 34 of 357 Staff Report DS-38/15 Lighthouse Gospel Church 2 RECOMMENDATION 1. THAT Report DS-38115 be received for information; 2. AND THAT By-law No.2015-069, being a By-law to authorize the execution of a Site Plan Agreement between Lighthouse Gospel Church Trustees and the Municipality of Bayham for development at the property known as 59 Victoria Street Port Burwell be presented for enactment. Respectfully Submitted by: Reviewed by: f: Marg ret Underhill `�'`� y / Deputy Clerk/Planning Coordinator Administrat•r Report DS-38/15 by Margaret Underhill,Deputy Clerk/Planning... Page 35 of 357 0 0 0 cn C4.0 Geocortex° 59 Victoria Street, Port Burwell u, -•":Essentials u, Fw ArcG15 Server Lighthouse Gospel Church ," o P �W 4 0 - , ti • 4'. �� lit; Legend ' ` Image S > r ft _ Rad: Band_1 ' •g - • ��. - .�• ■ Green:Ba M_2 4 ? ` r 1 Io� I Blue: Bands -l �+V-'bid �� World Street Map lw r. 4 ,Y 411a� Cyt I:'t � y:" ..-- _ ', li• TTWW�� �I 1 1 tre=- .. _ _ _ - -,. o , ffI _ 1 111 111 I 11) C141 CD t. - 1 I • . _ I *1i1 � f I rl w 01i y I . O - W � 1 = I Notessiiiv � -;-fr 0.1 0 0.i 05 0.1 Kilometers This map is a user generated static output from an Internet mapping site and is for reference only.Data layers that appear on this map may or may not be WGS 1984_Web_Mercator_Auxiliary Sphere accurate,current,or otherwise reliable. ©Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION t I42 WOBAJkf 1,01111111,...1111, FILE No. -e -71r-le) RECD: �lq_ o DATE APPLICATI• •• I BRED s• COMPLETE: `PT.2. - FEE RECEIVED:3 - ` MUNICIPALITY OP BAYRAM i19,h44 a a `= i� ra SITE PLAN APPROVAL APPLICATION FORM The wmdadgned haeby request the Municipality of Bayham to coma&a Site Plan Control application mutant to Section 41 of the Planning Act on the lands described. This application is accompanied by a flee of$500($250 fee+3250 deposit for prorates with accumulative building area of 150 m2 or 1css)OR$2000(31000 fee&$1000 deposit for amxmuIa ve building area 151 m2 or greeter)by cash or cheque made payable to the Municipality of Bayham. 1.BACKGROUND INFORMATION , I / / a) Applicant's Name_ �If;LT ettrg at. I-t1m L--...-- :.. reto.:G+1.--! Applicant's Mailing Ams ICA &ad Way, Bo' 1460 Titi t 0441 in TelephonnNmaber 514-688-I0CD Fax Number 519-8n-323S N444Rt3 b) Registered Owner(if other than applicant) Lt 4/101 c_ Gospel Cht.trr.ti Maal1 gddtcsc rirank$un min Owner's Address Sq Vl ctb*.(arta 8911 SPn 411 Rd Pok Gmweit, Onittno 011:40o Nsk 212.1 Telephone Number 5lq-fo39-3 Sq a Fax Number c) Location of Subject Land DaeR r or utouumasEO LotNumber(s) ttk.S6 of Plan No.orCc c jcq•:--Q,:.Ptah 4. 12 7��..,��� &broom Si: q W Ef Vt.�1q , Part Number(a) Refetence Plan 911 Address(if any) Si Vk c loeict Sd OC* 9a i rutcA ibA subject land is_ - nn the We-SA" aide of Vtat:M t Slier between Kebtnn s� . l and d) 'Waring use of Subject property Place_o4 Worship — Chu"dal e) Specific indication of proposed uses of land and buildings Platt afr .Wor4M 1) Official Plan Designation �nst�iana 1 g) Zoning By-law-Existing Zoning -Tertsciv .6ral Requested Zoning "Tcl.4.:44 nal Report DS-38/15 by Margaret Underhill,Deputy Clerk/Planning... Page 37 of 357 1L26 2.SITE INFORMATION a)Zening.ftedaigna REQUIRED PROPOSED LotFrontago 2.0.oer► I32.LiGrn Lot Deft NT R tOI r 25cn Lot Area " IOOOrn2 11,615arng - Lot coverageYob . !a.l% Front Yard .. _-715r1 ,7,2gm( _$;t)ainproPszt) Rear Yard '-I,pm CoO.S:oni Interior Side Yard ',an ::[ 92" Exterior Side Yard(corner lot) NI Ix- NI a Landscaped Open Space(3) N I A 4E1.4% No.of Paddng Spaces - I sCeeis. No.of Loading Spaces 0 Width of Planting Strip Driveway Width 7,30m Handicap Spaces 2 .s Other(Specify) . .. . .. Off-Street Parking and Loading Facilities Total number of off-street parking spaces existing - Q 1{ Number of off-street patting spaces I proposedc & ) Number ofoff-estreat loading facilities existing O Number of off-street loading Eicher proposed(include existing&proposed) b) : Ground Floor Area of Existing Buiidhtgs(s) Slsd01ten% around Floor Area of Proposed Development ei g i 7 111.1 Total Ground Floor Area (mduding existing&pmpoaed) 1555,y'r Number of Storeys proposed I Building Height Proposed < 1O,Orn Total(cross Floor Area Proposed 1>�2(0,Orn2. (including g and proposed) I relLorkes 3. COMPLETE AS APPLICABLE: a) MULTIPLE FAMILY RESIDENTIAL Landscaped Area eq m Common or Addition to Existing Residential Buildings Yes No. Amenity and/or Children's Play Area Yes No UNIT BREA DOWN Type Number of Ups Floor Ma of Unk T)rpe Bachelor Ono-Bedroom Two-Bedroom Three-Bedroom 2 Report DS-38/15 by Margaret Underhill,Deputy Clerk/Planning... Page 38 of 357 /142.C1 3. COMPLETE AS APPLICABLE:-(confd) a) MULTIPLE FAMILY RESIDENTIAL-(confd) Otte Facilities provided(eg.play facilities,imdagroimd parking,games rooms, swim:deg pool,etc.) b) COMMERCIALMEH7STRIAL/INSITTUTIONAIJOPER SPACE OR OTHER USES (as applicable) No.of New Buildings Proposed 0 Conversion or Addition to Existing Building Yes V/ No Doan Gross Floor Area(breakdown by type of eg.-office area,retail,storage, 1_ manufactming area,etc.) LI I1 rvi-"-Gv wi ricusiu NI Li 43,1n1"-nipdri it fOom Seining Capacity(for rest.or assembly ha,etc.) Describe Type of Business Proposed 91act 04W 0 1SVV--Chiet.li• No.of Staff Proposed-Initially 2 In figure(5 yrs) 2. Open Storage Required • Yes No X Describe type,location,and buffering(if any) ' Ori-Cedar Ircilie-Swift cd Phasing if any flortc- Descolie Type of Use Proposed Coro.s mt.,thoz roons No.of Beds(if applicable) Gross Floor Area by Type of Use (eg.office,common rooms,storage,etc.) Landscaped Area 5770 Ma 13q In lfzesidential use proposed as part 04 or accessory to conmwroialimdusbial/open space/other use,please specify TiFe Number of Units nom arca ofUnit Iype Bachelor One-Bedroom . .. . . Two-Bedroom Thee-Bedroom Dated this 13141 . day of MCArGh ,20 15 Alivt,1? 4 Owner/Agent * 17L :3" ined ei ier:to 4 S7igniltuec" °f°vine"Agget 6 vat le_e.,.ry••rt,-..-,--- of the "7—et',"+1 SAir, of _ Al / . , ,..--, '7 ' ' a/a,-c c*e: in the (--e441-11—Y of 6.-..fi,-, DO SOLEMNLY DECLARE THAT: All of the statements contained in this application are, - ,ri remake this .... declaration consoientiaosly believing it to be true .., .. ..that it is of the force and effect as if made under Oath and by virtue•, ;,-figtakillakkoceAct. DECLARED before me at the M pi,c 1.•,ii- ----- ...„.. of 64 v ha re in the eu 'iris /54-day of /ion / 20_141. i •/‘'--17 --' /!,./' ''''' '1: '''' ''''"-Pi .-1 7— --- 4---.'"-----14 '))/3..% Ha IVO' '-----2 ilA •fact/NDERHILL a Conttolgilhher. of Owner/Agent Dept ty Clerk of the Corporation of the Attietamates SlitiniiktdahrgaMill.54161 with Schedule"Aask 3 Report DS-38/15 by Margaret Underhill,Deputy Clerk/Planning... Page 39 of 357 SITE PLAN AGREEMENT BETWEEN LIGHTHOUSE GOSPEL CHURCH TRUSTEES Plan 12 Part Unnumbered Lot Roll#34-01-002-001-07900 AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Report DS-38/15 by Margaret Underhill,Deputy Clerk/Planning... Page 40 of 357 THIS AGREEMENT made in duplicate this 18th day of June 2015. BETWEEN: LIGHTHOUSE GOSPEL CHURCH TRUSTEES Hereinafter called the"OWNER" OF THE FIRST PART -AND- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the"MUNICIPALITY" OF THE SECOND PART WHEREAS the Owner is the Owner Trustess in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Plan 12 Part Unnumbered Lot, more particularly described in Attachment "A" attached hereto (and hereafter referred to as the "Lands"); AND WHEREAS the Official Plan of the Municipality of Bayham in effect, designates the entirety of the Municipality as a Site Plan Control Area; AND WHEREAS the Owner intends to develop lands in accordance with the Site Plan drawings attached hereto,as Attachment"C"(and hereafter referred to as the"Plans"); AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan Agreement with Lighthouse Gospel Church Trustees. NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars($2.00)of lawful money of Canada by each to the other paid(the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Municipality as follows: 1, The Owner agrees that no building permit will be available until the Agreement has been approved by the Municipality, and further agrees that work will not commence prior to the issuance of the building permit. 2. The following Attachments, which are identified by the signatures of the parties to this Agreement, and which are attached hereto, are hereby made a part of this Agreement, as fully and to all intents and purposes as though recited in full herein: Report DS-38/15 by Margaret Underhill,Deputy Clerk/Planning... Page 41 of 357 ATTACHMENT"A"—LEGAL DESCRIPTION OF SUBJECT LANDS ATTACHMENT"B"-CERTIFICATE OF COMPLIANCE ATTACHMENT"C"— SITE SERVICING AND GRADING PLAN 3. Attachment"A"hereto describes the lands affected by this Agreement. 4. Attachment"C"-Overall Site Servicing&Grading Plan shows: a) the location and height of all buildings and structures existing and/or to be erected; b) the location of vehicular entrances and exits; c) the location and provision of off-street vehicular loading and parking spaces, including driveways for emergency vehicles; d) building finished floor elevations(if deemed necessary by the Municipality); e) all proposed structures showing setback measurements and dimensions 5. The Owner agrees that the building or buildings will be erected or developed in accordance with the Plans approved, subject only to such changes as have received advance approval. 6. The Owner agrees that the site development and servicing will he in accordance with the Plans as approved,subject only to such changes as have received advance approval. 7. The Owner further agrees that(as applicable): 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 the final release of the Letter of Credit. b) all necessary provisions for service connections on site will be made to the satisfaction of the Municipality. c) construction work will be carried forward expeditiously in good and workmanlike manner, in accordance with good trade practice and so to cause a minimum of nuisance. d) all necessary precautions to avoid dust, noise and other nuisance and to provide for the public safety will, so far as possible,be taken and which comply with The Construction Safety Act. 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. Report DS-38/15 by Margaret Underhill,Deputy Clerk/Planning... Page 42 of 357 f) unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete, gravel or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the property limits. g) no topsoil shall be stockpiled on any other portion of the Owner's lands except those lands identified in Attachment"A"to this agreement;and all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds; and the Municipality may go in and do the same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. h) stock-piling of snow will not be allowed on the site where it will constitute a hazard to public right-of-ways. i) the electrical servicing of the property shall be subject to the approval of Hydro One. j) upon failure by the Owner to do any act during the development period herein, that the public safety or convenience requires,in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other remedy, may go in and do same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. k) the Municipality may treat any breach of this Agreement as a breach of the Building By-Law, and upon twenty-four (24) hours written notice to the Owner, stop work until the breach is rectified. 1) nothing in this Agreement constitutes waiver of the owner's duty to comply with any by-law of the Municipality or any other law. 8. The Owner shall: a) be responsible for consulting with and obtaining any deemed necessary approvals from the County of Elgin for any matters that relate to County Road 50 (Victoria St) b) be responsible for consulting with Hydro One regarding any matters that relate to services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from all regulatory bodies such as,but not limited to,the Long Point Region Conservation Authority and the Ministry of the Environment as deemed necessary. Report DS-38/15 by Margaret Underhill,Deputy Clerk/Planning... Page 43 of 357 10.The Owner shall satisfy all the requirements in relation to the fire protection for the building(s)to the satisfaction of the Municipality's Fire Chief. 11.The Owner agrees to pay for damages to public property including but not limited to municipal drain, ditches, street surfaces, sidewalks, storm and sanitary sewer systems, which may occur during the period of construction. Any such repair may be undertaken by the Ministry of Transportation and/or the Municipality at the expense of the Owner, within thirty(30)days notice. 12.Any and all lighting shall be installed and maintained so as to not, in the opinion of the Municipality, interfere with the use or enjoyment of adjacent properties, or with the safe flow of traffic on abutting or adjacent streets. 13.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 extension,provided for in this Agreement,the Owner shall not occupy or use or permit to be occupied or used, any said new building or extension,until after an Architect or Professional Engineer has given to the Municipality, a letter addressed to the Municipality, and signed by the said Architect or Professional Engineer,certifying that all construction and/or services on or in the said lands, required for this development or redevelopment, newly installed by the Owner in connection with this development or redevelopment,have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 14.The Municipality, through its servants, officers and agents, including it's Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time, and at any time, enter on the premises of the Owner to inspect: a) the progress of development; b) the state of maintenance as provided for in this Agreement. 15.In the event of any servant, officer or agent of the Municipality, determining, upon inspection,that the development is not proceeding in the strict accord with the Plans and specifications filed, such servant,officer or agent shall forthwith,place a notice requiring all work to be stopped upon the premises and forward a copy,by registered mail, to the Owner at the last known address,on the last revised assessment roll, and the Owner shall forthwith correct the deficiency or deviation. 16.In the event of any servant,officer or agent of the Municipality,upon inspection,be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham,as hereinafter provided. Report DS-38/15 by Margaret Underhill,Deputy Clerk/Planning... Page 44 of 357 17.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 maintenance, such Owner shall appear before the Council of the Municipality of Bayham,which after hearing the Owner,shall express its opinion as to whether the maintenance is satisfactory, by resolution, which shall constitute a final determination of the matter. 18.In the event that the Owner shall fail to obey a stop work order issued under Section 17 hereof, the Owner recognizes the right of the Municipality to apply to the Courts for a restraining order. 19.In the event that an Owner shall fail to correct a deviation or deficiency after notice pursuant to Section 17 or after notice of an opinion, which the Council of the Municipality of Bayham determines is correct, under Section 17, the Council of the Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Owner,after two(2)week's notice,to it by registered mail,at the last known address of the Owner,pursuant to the last revised assessment roll of passage of such By- Law,that such matter or thing be done by the Municipality, at the expense of the Owner, which expense may be recoverable by action as municipal taxes, or from the Letter of Credit deposited as performance security. 20. Unless otherwise authorized,in the event of the Owner wishing to change at any time,the buildings,structures or facilities described in Attachment"C",it shall make application to the Council of the Municipality of Bayham, for approval, and shall not proceed with such change until approval is given by such Council, or in default by The Ontario Municipal Board,under the procedure set out in Section 41 of The Planning Act, 1990,herein before referred to. 21.The Owner agrees to pay to the Municipality all administration costs incurred in connection with this Agreement, and the fulfillment of this Agreement, including legal, engineering and inspection costs. 22.LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Municipality with a Liability Insurance policy in the amount of $2,000,000 per occurrence, and in a form satisfactory to the Municipality, indemnifying the Municipality from any loss arising from claims for damages,injury or otherwise,in connection with the work done by or on behalf of the owner of the development. The said policy shall be provided at the time of the signing of the Agreement and remain in force, until the development is complete and all required documentation as per Article 15 has been filed with the Municipality. Report DS-38/15 by Margaret Underhill,Deputy Clerk/Planning... Page 45 of 357 23.PERFORMANCE GUARANTEE The Owner hereby defines the completion date of this Agreement and project to be completed on or before June 18,2016. It will be the Owner's responsibility to require,in writing, an extension to this agreement/project,within sixty(60) days of the above stated completion date,should an extension be required. As security for the performance and completion of all works required by this agreement, the Owner shall supply the Municipality with a Letter of Credit, equal to $15,976.00 (Fifteen Thousand Nine Hundred Seventy-Six Dollars). The Letter of Credit will be based on the estimated cost of alterations to public property, roadway, curbs and gutters and drains,and any repairs for damages to public property,roadway, sidewalks, curbs and gutters and drains, plus all site specific components as defined by the Site Plans and Site Servicing Plans,Attachment"C",which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit from a Chartered Bank expressed to be pursuant to this Agreement and payable to the Municipality at any time or in part, from time to time, upon written notice from the Municipality,shall be provided at the time of signing of this Agreement, and shall remain in force,until Twelve(12)months following the completion of this project. 24.This Agreement and the provisions thereof, do not give 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 its obligations under this Agreement or any negligence of the Owner in its performance of the said obligations. 25. In the event that no construction on the said lands has commenced within one (1) year from the date of registration of this Agreement the Municipality may,at its option,on one month's notice to the owner, declare this Agreement to be subject to re-negotiation, whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re-negotiated. 26.The Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. 27.The Owner agrees on behalf of themselves, their heirs, executors, administrators 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 as a result of any action taken by the Owner,pursuant to this Agreement. Report DS-38/15 by Margaret Underhill,Deputy Clerk/Planning... Page 46 of 357 28.All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereof, and without limiting other remedies available to the Municipality, the provisions of Section 326 of The Municipal Act,R.S.O. 1990, shall apply. 29.This Agreement shall be registered at the expense of the Owner,against the land to which it applies, and the Municipality shall be entitled, subject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. 30.A Certification of Compliance attached hereto as Attachment "B", shall be filed by the Owner, following completion of the development to ensure all details of the Site Plan Agreement have been complied with. IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, and duly attested to by their authorized signing officers in that behalf. We have the authority to bind the Corporation. Witness Frank Banman,Trustee Witness John Harder,Trustee THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Paul Ens,Mayor Lynda Millard,Clerk Report DS-38/15 by Margaret Underhill,Deputy Clerk/Planning... Page 47 of 357 ATTACHMENT'A' Property Assessment Roll No.: 34-01-002-001-07900 Municipal Address: 59 Victoria Street,Port Burwell Legal Property Description: Plan 12 Part Unnumbered Lot,Municipality of Bayham, County of Elgin PIN# Report DS-38/15 by Margaret Underhill,Deputy Clerk/Planning... Page 48 of 357 ATTACHMENT`B' THE CORPORATION OF THE MUNICIPALITY OF BAYHAM CERTIFICATE OF COMPLIANCE To be completed and submitted to the Municipality once all works are complete. PROPERTY IDENTIFICATION: Municipal Address: 59 Victoria Street,Port Burwell Property Roll#: 34-01-002-001-07900 Owner(s): Lighthouse Gospel Church This document serves to certify that the development project on the above noted lands has been completed in accordance with the terms and conditions of the Site Plan Agreement By-law No._ DATED: I HEREBY CERTIFY THAT THE ABOVE DECLARATION IS TRUE AND CORRECT. I have the authority to bind the Corporation. Witness - Frank Banman,Trustee John Harder,Trustee Address: Phone Number Report DS-38/15 by Margaret Underhill,Deputy Clerk/Planning... Page 49 of 357 1 N 4 • ,-, ,--, ,_ I c... 0 ....SUBJai M ' 0 ‘ __...,,,i.,____ ', ,/, !UTE C:9 LOT 36 LOT 37 LOT 33 LOT 39 LOT \ \ A. \-- - -- • • --r.vs. .. ,..4'......,:t N. "'r• • • s. . . - s. , _ z.....p •,„ —--4.,.1/4,1.- __,,. \..v.. '4\---____ PORT email A-1 - . , -.1.-.:: -' : Ilia ''' ' ' "". "-------- IR ,, - •111,66, - ,.,-,,,, ‘,.. ., ...-"..4.....•0 1 %'''N 1 ' ... d Z.W..allt7, k • • ... 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T -----. ./Ig.Z. er, • ___:_......, ....._..... texr.... .—______._. .v.ram eLwAil r, --,...,--- •22 NIX ll IA ,...... 221.•MM. _MOM MIMIC NV .... - .......-' ........ 1 I DAM 2 "t7) MS -• ==ri alrft ow•NIZA. j:kr5 i ......... aw an. 15 LEGEND --.1--- -.6.1. •--• npop ny.on gm 1,E17IC KALE. NOM 1:SOD MUNICIPALITY OF BAYHAM ct - - - ...,........ ."".... 1 2011 212.212.21n1•1 tO ', ismoam ma'am suet/WM mat frTh\ 11.. .'1 - ......cora. Ct ...........="*.w,.4.LIGHTHOUSE GOSPEL CHURCH z„,, .........„...„„,„, 00.6'‘'''''."..'"'''''' ' ' ' '.'""'''''''''''' CJ DI -;,:7,„az ADDITION - PORT BURWELL ONIMIldingd•PANIM •, cane mecon..., 0 —.......... -=';1.--, SHE SERMON.]AND GRADNG ........ I ureATM AM NMI.COMM sae,. oo Ceram et AS WWI ot Nai memo on uu PLAN ....0,...... >, Mi.2•11412211 —— 2.22....,.,....,, '''''"..".. 21._ 212115211 DM MT PROEur mu pupe—surau We RIM ShIE up..211111(MM.. 1 tr) ,--. ----. 00 rn C;) CI 0 sz.., cu P4 $AY REPORT op DEVELOPMENT SERVICES ponity Ie�o TO: Mayor&Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: June 18,2015 REPORT: DS-39/15 FILE NO. C-071 D16 CIP SUBJECT: Community Improvement Plan-Elgincentives (D17.CIP15) BACKGROUND: A public meeting was held on June 4,2015 for presentation of the Elgincentives Community Improvement Plan. Representatives from Elgin County were on hand to provide a presentation of the county-wide project. No public comments or concerns were submitted at or following the public meeting. DISCUSSION: Staff and municipal planner have reviewed the Municipality of Bayham Elgincentives CIP and recommend to Council the Plan be approved. ATTACHMENTS 1. Draft By-law 2015-072 -Municipality of Bayham Elgincentives Community Improvement Plan RECOMMENDATION 1. THAT Report DS-39115 be received for information; 2. AND THAT By-law No.2015-072, being a By-law to designate the entirety of the Municipality of Bayham as a community improvement project area and approve a community Improvement Plan as part of the Elgincentives Community Improvement Plan be presented for enactment. Respe ully ub fitted by: Reviewed Marga et Underhillaul�way Deputy Clerk/Planning Coordinator Administrator Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 51 of 357 Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 52 of 357 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW No.2015-072 BEING A BY-LAW TO DESIGNATE THE ENTIRETY OF THE MUNICIPALITY OF BAYHAM AS A COMMUNITY IMPROVEMENT PROJECT AREA AND APPROVE A COMMUNITY IMPROVEMENT PLAN AS PART OF THE ELGINCENTIVES COMMUNITY IMPROVEMENT PLAN WHEREAS Sections 28 and 17 of the Planning Act, RSO 1990, Chapter P.13, as amended, provide for the designation of a Community Improvement Project Area and for the adoption of a Community Improvement Plan; AND WHEREAS a Community Improvement Plan attached hereto as Schedule'A' has been prepared for the proposed Community Improvement Project Area; AND WHEREAS the Community Improvement Plan conforms to the Municipality of Bayham Official Plan; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT the entirety of the Municipality of Bayham is hereby designated as a Community Improvement Project Area;and 2) AND THAT the Municipality of Bayham Elgincentives Community Improvement Plan, attached hereto as Schedule'A'and forming part of this By-law, is hereby adopted;and 3) AND THAT this By-law shall come into force and take effect on the day of the final passing thereof;and 4) AND THAT By-law No. 801, By-law No.2402, By-law No.2576, By-law No.2005-021 and all previous Community Improvement Plan By-laws be repealed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF JUNE 2015. MAYOR CLERK Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 53 of 357 Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 54 of 357 0 . Ei • Elgtncentives M � G�p��'toeiCY ls��s� _.'u m 111111 qaSob Eir t b•I ILI! "7 MUNICIPALITY OF BAYHAM CDEiginoentives Community Improvement Plan W Elgii'tr_Ql.I1lC\ PLANNING 0 cro TABLE OF toCONTENTS 1.0 Introduction to the GIP 1-1 2.0 Basis for the CIP 2-1 3.0 Goals and Objectives 3-1 4.0 Community Improvement Project Area....4-1 5.0 Financial Incentive Programs 5-1 6.0 Administration 6-1 7.0 Marketing Strategy 7-1 8.0 Monitoring Strategy 8-1 Glossary CD Schedules dIO au' 01 uo!T3n poa1u I la to a 1 f r Z Z a a 44 .Air r IP x 4 �1` 0a` _ 7,41 a Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 57 of 357 0 C7 Bayham Elgincentives Community Improvement Plan April 2015 oa tier municipalities, the intent of a County-wide framework for a 1 0 community improvement is to advance local economic goals and priorities in a coordinated manner. Once adopted, this framework will serve as a long-term instrument for diversifying I n t rod u ct i o n the economic base and improving the built environment of the seven local municipalities of Elgin, including Bayham. tOthe CIP Specifically, the County-wide framework has a specific focus on supporting growth in key areas of economic activity, where the County and its local municipalities have determined the The following is an introduction to the need is the greatest, and where there will be significant Bayham Elgincentives CIP. This CIP County-wide benefits. Specifically, as discussed further in cr.qSection 2.0 of this CIP, this includes the following key areas is part of a larger framework for throughout Elgin: community improvement that is being a) Downtowns/main street areas; implemented by local municipalities b) The agricultural areas; c) The ports/lakeshore areas;and, across Elgin County. d) Other key tourist and outdoor recreational areas. 1 .1 Purpose 1 .2 What is a Community The Municipality of Bayham has adopted this Community Improvement Plan? Improvement Plan (CIP) as a component of a progressive and strategic County-wide framework for community improvement A CIP is a municipal planning tool established by the Ontario planning that is to be administered and funded in partnership Planning Act. Many municipalities across Ontario have with Elgin County. prepared CIPs in order to achieve important community goals, such as: Since Elgin County is an upper-tier municipality with a 00 coordinating role over its seven distinctive and unique lower- (-/-1 Elgincent yes o 0 Bayham Elgincentives Community Improvement Plan 1 - 2 cr April 2015 C ac • Facilitating and coordinating the transition of .3 Authority [ neighbourhoods and areas; a Stimulating economic growth and development; The Planning Act is the primary piece of legislation that • Assisting businesses/ property owners with repair, provides for the preparation of CIPs. Specifically, Section 28 rehabilitation,and redevelopment projects;and, of the Planning Act sets out the following: • Raising awareness of local needs and priorities. 1. Types of projects/activities/works that are Simply put, a CIP is a planning document that sets out tools considered `community Improvement', which can and strategies for improving the built, economic, and social include the redevelopment, rehabilitation, or other environment in designated areas of a municipality. improvements to residential, commercial, industrial, and Normally, under Section 106 of the Municipal Act, public buildings, structures,or facilities. municipalities are prohibited from directly or indirectly assisting 2. A community improvement planning process local businesses bygivingor lendingmoney. However, havingwherebya municipality must first identifyand adopt Y P Y by a CIP in place allows the municipality to assist financially with by-law a designated 'community improvement project improvements to private properties. area', after which a`community improvement plan'may be prepared and adopted by by-law. However, this may only be done where there are community improvement policies in the municipality's Official Plan (which is the case in the Municipality of Bayham, as discussed in Section 2.0 of this CIP). 3. Tools that can be implemented once a 'community improvement plan' is prepared, which include grants or loans to owners and tenants of land and buildings within the community improvement project area. un CD 0 --h Eigincen. trues 0 C7 `r Bayham Elgincentives Community Improvement Plan 1 -3 April 2015 oa 4. Eligible costs for which a municipality can provide 1.1 Contents such grants or loans, which may include costs related to development/ redevelopment or construction/ The contents of this CIP are as follows: reconstruction projects for rehabilitation purposes or • A brief overview of the background and basis for this for the provision of energy efficient improvements. CIP is provided in Section 2.0; '� In addition to the above,the PlanningAct states that upper-tier • Goals and Objectives for County-wide Community Improvement are provided in Section 3.0; municipalities in Ontario (including Elgin County) have the ability to participate in (i.e.,contribute financially)CIP programs • The Community Improvement Project Area is identified in Section 4.0; adopted by local municipalities. This is permitted only where there are Official Plan policies in place relating to the making of • Information about financial incentive programs (or 'Elgincentives')is provided in Section 5.0; grants or loans. Since there are such policies in place in the • Administrative details about how this CIP will be as upper-tier Official Plan, Elgin County may participate in the implemented, marketed, and monitored are set out in programs established by this CIP. Sections 6.0,7.0,and 8.0;and • A Glossary is intended to assist in the interpretation of this CIP b cro 0 0 v, Elgincentives diD 8111 .101 spee Eti 11101,,, z,Z Z )111 7 IP 0 c ' li W Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 61 of 357 0 C7 `cr^ Bayham Elgincentives Community Improvement Plan 2-, April 2015 oa a 2.0 Elgin County Economic Development Strategy In 2011, the County implemented an Economic Development CD Strategy (EDS), with the primary objective being to foster or Basis for the CIP create an environment that supports the growth of the economy and prosperity for local residents. The EDS emphasizes the importance of the creative rural economy in The Bayham Elgincentives CIP has order to create an enabling environment for the following key been prepared based on a number of areas: County and local municipal planning Agriculture; • Tourism;and documents and information sources, • Downtowns/Mainstreets. as summarized in this Section. In reviewing the goals of the County's Economic Development Strategy,it has been determined that this CIP has the potential 2.1 County-wide Economic to: Development Goals/Priorities • Assist businesses and property owners with repair, rehabilitation, and redevelopment projects, in order to As stated in the introduction to this CIP, the intent of a County- help enhance civic pride and ownership throughout the wide framework for community improvement is to implement County. Planning Act tools consistently in each of Elgin's seven local municipalities as a part of a coordinated strategy to advance - Promote secondary uses on agricultural land,which are local economic goals and priorities. Prior to the development now permitted through the County's Official Plan. of this CIP, a review of the County's Economic Development Support enterprise development through the use of Strategy and Official Plan was completed to identify key goals financial incentive programs. tra and priorities that can be supported in order to provide an • Send a clear message to the business and CD overall public benefit to the Municipality of Bayham and Elgin development community on behalf of the Municipality of County as a whole. The following is a summary of the findings. Bayham and Elgin County that there is a commitment 0 J1 Elgincentives o 0 Bayham Elgincentives Community Improvement Plan 2-2 cr April 2015 C ac CD by both levels of government to stimulating economic • Support the efforts of existing Business improvement [ growth and attracting/retaining businesses. Areas and Chambers of Commerce to promote retail a. • Create positive stories about revitalization and business and façade improvements of buildings. development within the community. • Support the creation of interesting and accessible public places to generate activity and vitality and attract Elgin County Official Plan people and business to Elgin County communities. • Promote the growth of tourism throughout the County The 2012 County Official Plan has a clearly articulated set of with particular emphasis in areas where there is an long-term goals for Elgin, which emphasize the importance of existing tourism base including the ports/waterfront agriculture,downtown areas, and the'ports'. For example, the areas, downtown/main street areas, recreational areas 'o following Official Plan goals are set out for Elgin's economic and agricultural/rural areas. prosperity,which will be supported by this CIP: = Enhance the profile of the County, its communities, ports and tourism attractions and destinations. • To reinforce the function of the downtown areas in • Maintain agriculture as the principal economic activity in settlement areas as cultural, administrative, the rural areas of the County. entertainment, retail and social focal points of the • Support opportunities for farmers to protect, diversify community. To support the role of the 'ports'in the County as the and expand their operations. • primary locations for tourism and related economic This C1P is in support of these County-wide policies, where activity, they apply in the Municipality of Bayham. • To provide opportunities for a wide range of appropriately scaled agriculture-related and secondary uses in the Agricultural Area. In addition, the County's Official Plan establishes policies that will support the goals, actions and strategies of the Economic Development Strategy. For example, the Official Plan states that it is a policy of the County to: CD 0 W Section 0 C7 tit Cr Bayham Elgincentives Community Improvement Plan 2-3 April 2015 oa 2.2 Local Policies of the Municipality from community members, downtown business owners/tenants, and local farmers/agri-business owners. The survey was CD of Bayham made available on the County's website and in the local libraries from Wednesday November 12, 2014 to Friday As required by the Planning Act,Section 5.3 of the Official Plan November 21st, 2014. d of the Municipality of Bayham contains provisions for the development of a CIP. Specifically, community improvement The survey was designed to determine: goals, objectives, and the local criteria for the designation of community improvement project areas are in support of this • Local needs and opportunities for community CIP. These policies therefore serve as a basis for this CIP. improvement within key areas of the County; • Information about local businesses/agri-businesses in In addition,there are number of general goals, objectives, and terms of needs and opportunities for improvement, cr.qpolicies in the Municipality of Bayham Official Plan, which expansion,and business development; broadly aim to foster economic growth and are therefore in • Familiarity and level of interest in community support of and consistent with the goals and objectives of this improvement plans;and CIP. • Types of programs that may be of assistance to the 2.3 Consultation business and agricultural community. Prior to the development of this CIP, a number of public A total of 50 respondents completed the CIP survey. consultation activities were completed in order to obtain Municipal and Community Workshops community input on the range of local needs and opportunities for community improvement in the County as a whole. These In addition to the Community and Business Survey, three are summarized below: Stakeholder Workshop were held on Tuesday November 18, 2014 as part of the Phase One consultation efforts for the CIP Community and Business Survey project. The workshops were held as follows: A Community Survey was conducted as part of the • A Municipal Workshop was held with 14 consultation events for Phase One of the Elgin County CIP representatives from each of the lower-tier 0 project. The purpose of the survey was to collect information municipalities within the County;and J1 :� r °`nc ntives 2 C Bayham Elgincentives Community Improvement Plan 2 -4 April 2015 oa C • Two Business Community Workshops were held with 2.4 Community Improvement interested business owners/other stakeholders from across the County. The first was held in West Lorne Background and Options Memo and was attended by approximately 24 local business owners/stakeholders. The second was held in New A full discussion of the findings of the background work Sarum and was attended by approximately 25 local described above (i.e., the review of County economic business owners/stakeholders. development priorities/policies, a local policy review, and consultation events) was documented in a 'Community The purpose of the workshops was to: Improvement Background and Options Memo' dated December 2014 (and revised in January 2015), which was • Introduce the project, process,and goals; circulated to each of the seven local municipalities for review • Provide an overview of community improvement and comment. This memo is an important basis for the planning and some of the tools that can be Bayham Elgincentives CIP and can be reviewed for additional implemented through a CIP; background information. • Discuss local issues and needs regarding the downtown/mainstreet area, ports, and agricultural areas of the County as well as opportunities for improvement in these areas;and, • Explore opportunities to apply community improvement tools locally. as CD 0 Elgin.c enuv-3 Cfn) sen�l3afgo pue sILoO 0 ,i z z 1 : tO. Alo 4 4 \Q...r-T.? Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 66 of 357 2 C Bayham Elgincentives Community Improvement Plan 3- 1 April 2015 00 Objectives have also been identified, which represent the 3 .0 tangible actions and outcomes that Bayham and Elgin County aim to achieve through the implementation of this Plan. Importantly, as set out in Section 5.2, in order to be eligible for G o a I s and any of the financial incentives programs offered through this CIP, a proposed project must contribute to the goals and O bj ctI\/eobjectives set out below. VV For each of the goals and objectives, a set of targets has also ro been established for the purpose of monitoring the This Section introduces the goals and effectiveness of this CIP. The targets are presented as part of objectives of the Bayham a monitoring strategy in Section 8.0 of this Plan. Elgincentives C!P and articulates the 3.2 Goals intended outcomes of the community The goals of the Elgincentives CIP are shown in Figure 1 improvement programs. below, which also demonstrates how each of the goals will support and reinforce each other. 3.1 Purpose of the Goals and Objectives A series of goals have been developed based on the findings of the background work and consultation activities described in Section 2.0 of this Plan. The goals are established for the purpose of articulating how the Elgincentives CIP is intended to Ua provide an overall public benefit to the Municipality of Bayham and Elgin County. They represent the overall intended result of this Plan. 0 Elgincent v s 0 C:7 Cr w Bayham Eigincentives Community Improvement Plan 3 2 April 2015 ;' 3.3 Objectives For each of the goals identified above, a number of specific and measurable objectives have been identified,which are A B identified in the tables below. -cs To stimulate To improve quality Goal Ob actives ,� economic growth of place for - - 1. To encourage the exi ar'tsian n and diversification. residents and of the agribusiness sector vlsltors, through new and expanded b value-added/agricultural = rotated enterprises. - 2, To encourage the expansion r cel business activity for ex shoo commercial businesses in the downtown areas/rnainstrars of To stimulate settlement areas. Aeconomic growth 3. To ircrease the number of and business start-ups. diversification, 4. To increase tourism, 5. To increase the number of Figure 1: Goats of the Elgincentives CIP tourist accommodation eslablisllrnenls. 6. To increase the number of creative economy businesses. ..d 7, To Increase employment opportunities for local CD residents. 00 0 L.,) Elgincentives 0 cr Bayham Elgincentives Community Improvement Plan 3- 3 cr April 2015 sv ua CD Goal Ob Ives Goal Objectives 8. To ifnprove ti3e apl eal•snce. +' Of majdr entry paints and tourism corridors. riropaartie,:in tt'a downtown 9. To improve theappearance nrr' s+rri_atrw;tss_nt*,411 itrzittririe ff.!. I To improve the and utilization of the i etll m•rrrlf nrr�_ �4�t,tle�y �i o quality of place ror to � rnY ,. !2 -lc'« + w-3 i Frs n*++rrr fi1S.:i tnwh,64,y ie� re,s dents and 10.To ImproVe the appearartca of pr, tai vim tnt$, of the Municipality of dormmrown r4diiiiiinPi4111hir tP Bayham and foster civic aNtUUmrwtr overt. ant.1 Ui pride 1.1troUcth smprovelriants nrF=rS to private prropertles. - --_- ao va 0 h ' r•tir.r. Ch Elgince T i ve. Baal T3eiOJd TueweAoJdwl A !UflWWOO ....... it. 0 z i wiitt z t Q o ,,V> 04 1 9r ,_4171_ Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 70 of 357 0 Bayham Elgincentives Community Improvement Plan 4- 1 cr April 2015 C ac have been designated (by by-law) as such by Council, and are CD [ 4.0 shown on Schedule A of this CIP. a.C To demonstrate how this CIP will work with other local Community Elgincentives CIPs adopted throughout Elgin County, a map showing the overall County-wide Framework is also provided as Schedule C. mp rove m e n t Financial Incentive Programs may be available to registered owners, assessed owners, and tenants of lands and buildings Fro j e et Area located within the CIPA, subject to a number of eligibility criteria, as described in Section 5.0 of this CIP. Uo In addition, the type of improvement projects that may be In accordance with the Planning Act, funded by incentive programs is subject to the Community the following Section identifies the Improvement Sub-Area' in which lands/buildings are located. These'Sub-Areas"are introduced in Section 4.2. Community Improvement Project Area that has been designated for the 4.2 `Sub-Areas' purpose of this Plan. Prior to the development of County-wide framework for community improvement, it was determined that there are a number of key areas of local economic activity in Elgin County 4.1 Community Improvement Project as a whole where the need for improvement is the greatest and Area where investment will result in significant economic development benefits. These include: In order to achieve the broad, economic development-focused a) Downtowns/main street areas; va goals and objectives of this CIP, all lands located within the cD b) The agricultural areas; Municipal boundary of Bayham are included within the 0 Community Improvement Project Area (CIPA). These lands c) The ports/lakeshore areas;and, c,n Elgincentives 0 C7 `" Bayham Elgincentives Community Improvement Plan 4-2 April 2015 oa d) Other key tourist and private outdoor recreational areas. 4.3 `Priority Areas' Therefore, in addition to designating the entire municipality as a CIPA, the following 'Sub-Areas' have also been identified In addition to designating a CIPA and Sub-Areas' for the throughout the County,which are shown on Schedule C of this purpose of the County-wide Planning framework, it has also CIP: been determined that there are certain key areas of Elgin County where local investment will have the greatest economic 1. The Settlements Sub-Area (which incudes the benefit/impact. Therefore, these areas have been identified as downtowns/main street areas and ports of Bayham as 'Priority Areas' recognizing that they should be prioritized with identified in the local Official Plan);and respect to improvement projects and the provision of financial 2. The Agricultural Sub-Area (which generally include incentives. lands that are designated Agriculture by the County Official Plan). 'Priority Areas'in the County include the following: as However, not all properties located in this 'Sub-Area' will be 1. Tourism Corridors (which include corridors as eligible for the financial incentive programs that are offered in identified on Schedule B of the County's Official Plan, in this CIP. A general description of the types of properties and addition to other locally identified corridors);and uses within each of the County-wide 'Sub-Areas' (and 2. The Lakeshore Area. therefore eligible for incentive programs) is provided in Section 5.2. As discussed in Section 5.0 of this CIP, for some of the incentive programs in this CIP, the value of financial incentives will be greater for registered owners, assessed owners, and tenants of lands and buildings that are located in 'Priority Areas'. 11)cra cD 0 J1 Elgincentives SWBa6oad eA!lue3uI I !3Ueu !d 12 IA zZ 1 ( o wik z a d r, a E41 Q''': Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 73 of 357 0 C7 `" Bayham Elgincentives Community Improvement Plan 5-1 April 2015 oa 5 . 0 Financial Incentive 1 A Tax Increase Equivalent Grant(for Major Projects); d 2. A Façade,Signage,and Property Improvement Grant; 3. A Building Improvement/Restoration Grant; Programs 4. A Building Conversion/Expanslon Grant; 5. An Energy Efficiency Retrofit Grant; A set of financial incentive programs 8. An Outdoor Art Grant; 7. A Feasibility/Design Study Grant; is introduced in this Section, which as 8. An Application and Permit Fees Rebate; may be available to eligible 9. A Multiple Property Owners Bonus Grant;and owners/tenants in the CIPA. The 10. A Savour Elgin/Elgin Arts Trail Bonus Grant. programs are intended to stimulate Section 5.2 of this CIP identifies a set of eligibility criteria that private sector investment in land and must be met in order to be eligible for any of these programs. Detailed information about how each of the incentive programs buildings. works is provided in Section 5.3 to 5.12. 5.1 The Programs 5.2 Eligibility The Municipality of Bayham and/or Elgin County may provide General Eligibility Criteria funding for any of the following incentive programs during the term of this CIP, subject to the availability of Municipal In order to be eligible for any of the financial incentive resources: programs that may be offered under this CIP, the following crageneral eligibility criteria must be met: 0 J1 Elgincentiye s_ Bayham Elgincentives Community Improvement Plan 5-2 April 2015 Ua 1. The lands and buildings subject to an application must be 9. The property owner must have no outstanding property tax CD located in a Sub-Area of the CI PA designated by by-law for arrears, or any other Municipal/County accounts receivable the purpose of this CIP. on the subject property at the time of application. CD 2. All proposed projects must result in some level of 10. Proposed projects must be in accordance with all improvement or rehabilitation over the existing conditions applicable policies, by-laws, provisions, standards, d and will not simply represent a life cycle replacement. requirements, and guidelines (including any applicable Urban Design Guidelines) from all levels of government, 3. All projects must contribute to achieving one or more 9 community improvement goals (as identified Section 3.0 of including the applicable Conservation Authority. this CIP). In addition to the general eligibility criteria, a set of program- 4. Unless otherwise specified, registered owners, assessed specific eligibility criteria must also be met, which are outlined owners, and tenants of private land or buildings may be in the description of financial incentives, in Sections 5.3 to 5.12 eligible for financial incentives. below. 5. The total value of grants shall not exceed the total value of A summary table that provides an overview of the details for eligible costs for a project. each of the financial incentive programs is also provided in 6. A property is eligible for the Tax Increase Equivalent Grant Section 5.13. for Major Projects once during the term of this CIP. 7. For all other incentive programs, a property may be eligible Eligible Properties and Uses for multiple grants per application and may submit multiple Not all properties and uses located in the 'Sub-Areas' will be applications during the during the term of this CIP;however, eligible for financial incentive programs offered in this CIP. the total combined value of grants approved in any given The table on the following page generally describes the types year shall not exceed$15,000 per property. of privately-owned properties and uses within each of the 'Sub- 8. Financial incentives will not be applied retroactively to Areas' that are the focus of this CIP and therefore eligible for works started prior to approval of applications. incentive programs. go cra CD 0 J Elgincentuv s 0 Bayham Elgincentives Community Improvement Plan 5-3 April 2015 oa Summary Table of Eligible Properties and Uses EIEgt> Elfirlb CD ' . Woo d . Properties designated Commerchil by the ,r Commercial antl ;xed-Jess. local Official Plan,which are located within or • uses in proximity to an established downtown or induebial e not eligible. settlements mainetreet area. Sub-Area • Properties designated by the local Official • Tourism oriented commercial/service establishments and Plan to permit tourism-oriented and outdoor recrest �sl uses. outdoor recreation uses. cr.q • Secondary and agriculture-related uses related to existing farm operations. Agricultural • Properties designated Agricultural Area by the • Tourism oriented commercial!service establishments and Sub-Area County Ott tial Plan. outdoor recreation uses twhere permitted by the local Official Plan). • On-hem resldentiat uses ere not eligible. p (IQ rn 0 J1 Elgincenti-ves cr Bayham Elgincentives Community Improvement Plan 5-4 d April 2015 53 Tax Increase Equivalent Grant for Value of Grant Major Projects Where a proposed project satisfies the eligibility requirements, a Tax Increase Equivalent Grant for Major Projects may be Purpose and Anticipated Benefits provided on approved applications as follows: r The Tax Increase Equivalent Grant for Major Projects is • The tax increase will be calculated following the intended to stimulate investment by effectively deferring pail of reassessment of a property. The increase will represent the increase in property taxation as a result of the major the difference between the former tax assessment (prior to development, redevelopment, reconstruction, or rehabilitation improvements) and the new tax assessment (after of a lands or building. Grants that are equivalent to a improvements). percentage of the resulting municipal and/or County portion • In the first year following reassessment, a grant that is of the property tax increase are provided to a property owner equivalent to 50% of the municipal and/or County b° following the reassessment of the property. portion of the tax increase will be provided to a property Note: In order to determine the suitability of the Tax increase owner. Grants will be provided for a period of 5 years. Equivalent Grant for Major Projects, eligible applicants should Following year one, and for or each year thereafter, the attempt to estimate the total potential value of the grant prior to value of the grant will decrease as follows: submitting an application for the program. The estimate - In year two, the grant will be equivalent to 40% of the should consider current assessment values, total anticipated municipal and/or County portion of the tax increase; investment, and the potential reassessment based on - In year three,the grant will be equivalent to 30%of the completing the approved community improvement works. municipal and/or County portion of the tax increase; Upon reassessment of the property, should the total value of In year four, the grant will be equivalent to 20% of the the grant be significantly less than the applicant's estimated municipal and/or County portion of the tax increase; value, the applicant may then have the opportunity to withdraw and their application for the Tax Increase Equivalent Grant for - In year five, the grant will be equivalent to 10% of the Major Projects, and apply for one or more of the additional municipal and/or County portion of the tax increase. Cfg programs offered through this Plan - which may result in a more significant grant value. • The maximum value of an annual grant may increase where the property is located within a `Priority Area' (as Elgin c tf ; 0 C7 `" Bayham Elgincentives Community Improvement Plan 5-5 April 2015 oa discussed in Section 4.3 of this CIP). In this case, a grant Scale projects (defined as those that involving less that that is to equivalent to 100% of the municipal and/or 25%of the existing gross floor area)will not be considered CD County portion of the tax Increase will be provided to a eligible under this program, but may be eligible for other property owner in year one. Following year one,and for or programs in this Plan. each year thereafter,the value of the grant will decrease as d d. The propertyowner is responsible for the entire cost of the follows: major project. In year two, the grant will be equivalent to 80%of the Eligible Projects and Costs municipal and/or County portion of the tax increase; In year three,the grant will be equivalent to 60%of the The Tax Increase Equivalent Grant for Major Projects may be municipal and/or County portion of the tax increase; provided for the following types of major projects on eligible - In year four, the grant will be equivalent to 40%of the properties: u.a municipal and/or County portion of the tax increase; a. The development of new eligible uses on a vacant and property; In year five, the grant will be equivalent to 20% of the b. The redevelopment of a property for the purpose of a new municipal and/or County portion of the tax increase. eligible uses; Program-specific Eligibility Criteria c. The restoration or improvement of an existing building to accommodate an eligible use; To be eligible for the Tax Increase Equivalent Grant for Major Projects, the following criteria must be met (in addition to the d. The conversion of an existing building to accommodate an general eligibility criteria set out in Section 5.2 of this CIP): eligible use; e. The expansion of a building that results in an increase to a. The applicant must be a registered owner/assessed owner the gross floor area of an eligible use; of private property located within a'Sub-Area'. Tenants are f. Infrastructure work including the improvement or not eligible for this program. reconstruction of existing on-site public infrastructure b. A property is eligible for the Tax Increase Equivalent Grant (water services,sanitary and storm sewer);and (Ja for Major Projects once during the term of this CIP. g. The services of a professional engineer, architect or c. The proposed project must be 'major', meaning that 25%or planner to design and implement the project. more of the existing gross floor area is affected. Small 11 "'Cs Elgincentives 0 Bayham Elgincentives Community Improvement Plan 5-6 cr April 2015 C ac Other types of projects may also be considered eligible, at the Payment CD [ discretion of Council. The total value of grants shall not exceed the total eligible a. costs of an approved project as invested by the applicant, or Examples of Projects that may be shall not be paid to the applicant for a period more than ten eligible for the Tax Increase years,whichever is the lesser amount. Equivalent Grant for Major Projects: Grants may require a financial pro-forma(at the expense of the • Development of a neW 2 storey mixed-use applicant), an independent third party financial review (at the expense of the applicant), and a signed agreement(specifying building on a vaunt commercial property in a terms, conditions, performance expectation and duration of the downtown area grant). • Major conversion at the upper floor of an qo existing commercial building to new residential If a property is sold, in whole or in part, before the original units. grant period lapses, the original owner is not entitled to receive • Major redevelopment of an exisling the remaining rebate payments (for the municipal and/or commercial property in aSettlement Area for County portion) under the original agreement. The original Icomrflet'ci l las? owner may also be required to repay any grant payments • Major conversion of an existing agricultural made to them prior to sale of the property. building to accommodate a bed and brealcfas Applicants receiving the Tax Increase Equivalent Grant for establishment with up to 6 rooms. Major Projects will not be eligible for any additional incentive • Major expansion of an extstrncc acincul lural programs offered through this Plan in any given year during the storage a4zrd processinn facility. term of the CIP. The Tax Increase Equivalent Grant for Major Projects may not be combined with any other financial incentive programs offered by this CIP ry un CD 0 --h Elgin entiv s 0 C7 `" Bayham Eigincentives Community Improvement Plan 5-7 April 2015 00 5.4 Façade, Signage, and Property - For a signage Improvement project, a grant may cover 50% of the eligible cost of the signage improvement to a CD Improvement Grant maximum of$2,500. Purpose and Anticipated Benefits — The maximum value of the grant may increase to $5,000 if the building has more than one street The purpose of the program is to assist with the financing of address and/or storefront, or if the building has more improvements to a building's façade or signage, or to assist than one wall that is visible from a public street, or with other eligible improvements to private property (i.e., fronts onto a laneway or parking lot. parking and landscaping), which may otherwise be considered The maximum value of the grant may increase to cost prohibitive by a property owner or tenant. $7,500 where the roe is located within a 'Priority property Value of Grant Area'(as discussed In Section 4.3 of this CIP). For a property Improvement project, a grant may cover Where a proposed project satisfies the eligibility requirements, 50% of the eligible cost of the property improvement to a a Facade, Signage, and Property Improvement Grant may be maximum of$2,500. provided on approved applications as follows: The maximum value of the grant may increase to • For a fagade Improvement project, a grant may cover $5,000 where the property is located within a `Priority 50% of the eligible cost of the façade improvement to a Area'(as discussed in Section 4.3 of this CIP). maximum of$5,000. Eligibility Criteria The maximum value of the grant may increase to $7,500 if the building has more than one street To be eligible, the general eligibility criteria set out in Section address and/or storefront, or if the building has more 5.2 of this CIP apply. than one wall that is visible from a public street, or Eligible Projects and Costs fronts onto a laneway or parking lot. - The maximum value of the grant may increase to The Facade, Signage, and Property Improvement Grant may $10,000 where the property is located within a'Priority be provided for the following costs related to projects on craCD Area'(as discussed in Section 4.3 of this CIP). eligible properties and uses: oc 0 cv, Elgincentives o 0 cip Bayham Elgincentives Community Improvement Plan 5-8 April 2015 C ac • For a facade Improvement project, improvements to the c) Restoration or replacement of windows, doors and [ main facade of buildings are eligible. Where a side and/or awnings; rear wall is visible from a public street or public space, or d) Restoration or replacement of exterior lighting; fronts onto a laneway or parking lot, improvements to these e) Exterior painting; walls may also be eligible. Eligible costs include the following: f) Chemical or other facade cleaning; g) Redesign of storefront or entrance modifications, Examples of Projects that may be including provisions to improve accessibility for the eligible for the Facade, Signage, disabled;and h) Such other similar improvements and repairs that may and Property Improvement Grant: be necessary to improve the appearance of a building C • Removal of cladding./restoration of original facade exterior. brick and stone on a building in the • For a signage Improvement project, improvements to the downtown area. main storefront sign of buildings are eligible. Where a side • Installation of new signage on a Marina in and/or rear wall sign is visible from a public street or public the Lakeshore Recreation area: space, or fronts onto a laneway or parking lot, • Improvements to the parking area of an improvements to these signs may also be eligible. estate winery, including the ad[fitton of > • For a property Improvement project, improvements to the hscycic and motorcycle parkin()- front yard of properties are eligible. Eligible costs include • Replacement of windows, doors and the following: awnings on a cafe and bakery located on the mainstreet of a Settlement Area. a) Addition of landscaping features (plants/green space, including sod,trees,vegetation, etc.); a) Restoration or replacement of exterior building b) Addition of permanent landscaping elements such as treatments, such as brickwork/cladding/siding; fencing, benches,planters, and lighting; un b) Restoration or replacement of cornices, eaves, and c) Addition of new parking/existing parking area upgrades °O parapets;p for cars, motorcycles, and bicycles; 0 --h Elgin:en t ive,s 0 C7 Bayham Elgincentives Community Improvement Plan 5-9 April 2015 ao d) Improvements to rear building entrances and rear 5.5 Building Improvement/ parking areas; e) Addition of walkways;and Maintenance Grant co f) Such other similar improvements and repairs that may Purpose and Anticipated Benefits be necessary to improve a property. This program will assist with maintenance and physical • For all types of improvement projects, the services of a improvement of existing buildings that may otherwise be professional engineer, architect or planner to design and considered cost prohibitive by a property owner or tenant. implement the project will also be considered eligible costs. Projects may be undertaken in order to meet the current Payment Building Code, improve aesthetic quality, and to provide for safe and usable eligible uses. The grant will be provided upon successful completion of the approved project. Value of Grant Subject to the availability of resources, up to 100%of the grant Where a proposed project satisfies the eligibility requirements, values identified above may be funded by Elgin County. a Building Improvement/Maintenance Grant may be provided on approved applications that covers 50%of the eligible cost of Applicants receiving the Facade, Signage, and Property the improvements to a maximum of$8,000. Improvement Grant may be eligible for additional incentive programs offered through this Plan (with the exception of the The maximum value of the grant may increase to $10,000 Tax Increase Equivalent Grant for Major Projects); however, where the property is located within a 'Priority Area' (as the total combined value of grants in any given year shall not discussed in Section 4.3 of this CIP). exceed$15,000 per property. Eligibility Criteria To be eligible, the general eligibility criteria set out in Section 5.2 of this CIP apply. -o as 00 0 Elgincen*eves cr Bayham Elgincentives Community Improvement Plan 5-10 cr April 2015 ua Eligible Projects and Costs Applicants receiving the Building Improvement/Maintenance Grant may be eligible for additional incentive programs offered The Building Improvement/Maintenance Grant may be through this Plan (with the exception of the Tax Increase provided for the following costs related to projects on eligible Equivalent Grant for Major Projects); however, the total properties and uses: combined value of grants in any given year shall not exceed p a) Structural repairs to walls,ceilings,floors,and foundations; $15,000 per property. b) Interior restoration and design; c) Repair/replacementrnstallation of building infrastructure, xamples of Projects that may be such as roofing,windows,and doors; eligible for the Building d) Repair/replacement/installation of plumbing, electrical, HVAC, and fire protection systems; Improvement/Maintenance Grant: e) Weatherproofing; • Entrance modifications to a downtown f) Improvements to accessibility for people with disabilities; restaurant to provide harrier-free accessibility. g) Any other improvements that may bring a building up to • Interior restoration and design of 2 upper-floor code, or address health, safety, or risk management rental housing units that were previously issues;and unoccupied on a Settlement Area mainstreet. h) The services of a professional engineer, architect or • Structural repairs and improvements to an planner to design and implement the project. agricultural outbuilding that is currently being Payment used commercially to sell cheese that was processed on-site. The grant will be provided upon successful completion of the approved project. Subject to the availability of resources, up to 100% of the grant values identified above may be funded by Elgin County. uo 00 w 0 w Elgincentives 0 Bayham Elgincentives Community Improvement Plan 5.11 April 2015 as 5.6 Building Conversion/Expansion Eligible Projects and Costs Grant The Building Conversion/Expansion Grant may be provided for the construction and renovation costs related to the following Purpose and Anticipated Benefits P P types of projects on eligible properties and uses: The purpose of the program is to assist in the small-scale conversion of existing vacant space into new commercial, Examples VF Projects that mayse mixed-use and other eligible uses. Additionally, this program eligible for the Building will assist with the minor expansion of existing eligible uses to Conversion/Expansion Grant"' support growing businesses thereby increasing non-residential assessments. Conversion of existing vciccint upper-IC+ oir • space in a downtown c«rnmem& building into Value of Grant an uppW r-floor rental housInq unit. Where a proposed project satisfies the eligibility requirements, Conversion of an xi tirp ur1 Ci [ rn rt a Building Conversion/Expansion Grant may be provided on agricultural prep ii int3 foal€inu o{ and approved applications that on the basis of$15 per square foot r tai CCEt for children's events. of converted or expanded floor space, to a maximum of ' Expansion of an existing larrn vacation hor $8,000. t .chide i pw,akq C3 fi° o . - The maximum value of the grant may increase to $10,000 where the property is located within a 'Priority Area' (as a) Conversion of non-commercial or vacant space into new discussed in Section 4.3 of this CIP). commercial, mixed-use, secondary uses, and agriculture- related uses, and other eligible uses; Eligibility Criteria b) Conversion of upper storey space (whether vacant, office, To be eligible, the general eligibility criteria set out in Section commercial or other non-residential use) into new 5.2 of this CIP apply. residential units; oo 0 J ,2S Elgincentives 2 C Bayham Elgincentives Community Improvement Plan 5-12 April 2015 (Ia c) Conversion of a building or a unit in a building into a hotel, 5.7 Energy Efficiency Retrofit Grant inn or bed and breakfast; d) Conversion of existing ground floor commercial space to Purpose and Anticipated Benefits better suit a new commercial use (e.g., retail to restaurant); The Energy Efficiency Retrofit Grant Program offers grants to and eligible property owners for retrofits that improve the overall e) Expansion of existing eligible uses to increase the gross energy efficiency of their buildings. The program will improve floor area. the energy efficiency of buildings on eligible properties and For all types of improvement projects, the services of a uses as well as support the community's overall environmental professional engineer, architect or planner to design and sustainability. implement the project will also be considered eligible costs. Value of Grant cr.q Payment For an Energy Efficiency Retrofit project, a grant may cover up The grant will be provided upon successful completion of the to 25%of the retrofit costs to a maximum of$7,500. approved project. • The maximum amount of a grant for renovations that result Subject to the availability of resources, up to 100% of the grant in third-party certification or compliance with third party values identified above may be funded by Elgin County. energy efficiency standards shall be$10,000. Applicants receiving the Building Conversion/Expansion Grant The maximum amount of a grant for the services of a may be eligible for additional incentive programs offered professional architect or engineer shall not exceed 15% of the through this Plan (with the exception of the Tax Increase grant that is calculated for eligible costs. Equivalent Grant for Major Projects); however, the total Eligibility Criteria combined value of grants in any given year shall not exceed $15,000 per property. To be eligible, the general eligibility criteria set out in Section 5.2 of this CIP apply. In addition, the applicant may be required to have a professional energy audit completed in order to determine and demonstrate the need for energy O° efficiency upgrades. fi Elgincen v es 0 `" Bayham Elgincentives Community Improvement Plan 5-13 April 2015 aq Eligible Projects and Costs ii. Heat pumps For an Energy Efficiency Retrofit project, eligible costs include iii. Gas furnaces and gas boilers CD the following: iv. Ventilation fans and v. Doors and Windows a) Interior or exterior renovations that result in a third party dcertification or meet a third party energy efficiency standard But not including home appliances and small appliances which exceeds the requirements of the Ontario Building such as refrigerators clothes washers dryers televisions Code and demonstrably increases energy efficiency ceiling fans etc; including: e) Installation of energy efficient lighting controls such as -o i. Interior or exterior renovations that result in any level automatic timers,photocells or motion sensors; of LEED certification as determined by the Canada f) Fees of a professional architect or engineer for the design o. Green Building Council inclusive of certification of services related to the above noted eligible projects; and (t.q through LEED for Commercial Interiors LEED for New g) Any combination of the above. Construction as it related to major renovations LEED for Core and Shell Renovations and LEED for Existing Buildings. Examples of Projects that may be ii. Interior or exterior renovations that result in eligible for the Energy Efficiency compliance with ASHRAE SNAE Standard 90.1.1999 Retrofit Grant: or newer ie energy performance standards for buildings except low rise residential buildings as . Addition 01 a green roof to an existing certified by a professional engineer or professional architect. CtOventown commercial budding. ing. b) Addition of a green roof to an existing building; tt� C 11 of ENERGY ?'TAR certified dors orad winnows onan existing restaurant on the c) Installation of appropriate on site thermal renewable energy Irlilrotrf ,f Part area projects such as solar hot water geothermal air source heat Ir7sti11alCen of energy efficient lighling COrtti`rJ1 pumps or solar wall; in an on-farm boutique selltriu hand-crafted d) Installation of energy STAR certified heating cooling rutfur`t Made orfiand eat# he farms. a ventilation products and features including: o 1. Central Air Conditioner Elgincentives 7D c a 0- Bayham Elgincentives Community Improvement Plan 5 -14 April 2015 ao Payment 5.8 Outdoor Art Grant The grant will be provided upon successful completion of the approved project. Purpose and Anticipated Benefits The Outdoor Artwork Grant program offers grants to property Subject to the availability of resources, up to 100%of the grant C7 owners for the permanent installation of outdoor values identified above may be funded by Elgin County. artwork/sculptures on eligible properties within the CIP 'sub- Applicants receiving the Energy Efficiency Retrofit Grant may areas'. The program will help to promote local art and improve be eligible for additional incentive programs offered through the visual aesthetics of the lakeshore and tourist corridors. this Plan (with the exception of the Tax Increase Equivalent Grant for Major Projects);however,the total combined value of Value of Grant grants in any given year shall not exceed$15,000 per property. Where a proposed project satisfies the eligibility requirements, An Outdoor Art Grant may be provided on approved Examples of Projects that may be applications for 50%of the eligible cost of the improvements to a maximum of$3,000. eligible for the Outdoor Art Grant: Program-specific Eligibility Criteria • Installation of a tile mosaic on a cement To be eligible, the following criteria must be met (in addition to walkway to a commercial building to a the general eligibility criteria set out in Section 5.2 of this CIP): Settlement Area. • irtsrallaliort of outdoor sculptures surrour s'"-. a. The eligible property must be located within a`Priority Area' the parking area of an art gallery in the (as discussed in Section 4.3 of this CIP);and downtown area. b. Eligible projects must be visible from a public street or • Creation of barn murals at a pick-your-o' sidewalk. facility in the agricultural area_ Eligible Projects and Costs For an Outdoor Art Work Grant, the following types of oc permanent art are considered eligible: 0 E1gince t,ti 0 C7 `" Bayham Elgincentives Community Improvement Plan 5-15 April 2015 oa (1, a. Murals; b. Sculptures; c. Paintings; 5.9 Feasibility, Design, and Study d. Local heritage based art pieces and displays; Grant e. Interactive art pieces and displays;and, Purpose and Anticipated Benefits f. Any other art piece or display as approved Council. The Feasibility, Design and Study Grant may be available to The following types of costs are considered eligible: property owners and tenants for the completion of a range of a. Materials; studies and plans that will investigate the potential of or b. Installation;and, support a new business or development project. This program may help with the establishment of new and innovative cr.qc. Lighting and landscaping that highlights the public art. development projects and businesses ventures on eligible Payment properties. The grant will be provided upon successful completion of the Value of Grant approved project. Where a proposed project satisfies the eligibility requirements, Subject to the availability of resources, up to 100%of the grant a Feasibility, Design and Study Grant may be provided on values identified above may be funded by Elgin County. approved applications for 50% of the eligible cost of the improvements to a maximum of$2,000. Applicants receiving the Outdoor Art Grant may be eligible for Eligibility Criteria additional incentive programs offered through this Plan (with the exception of the Tax Increase Equivalent Grant for Major To be eligible, the general eligibility criteria set out in Section Projects); however, the total value of all grants will not exceed 5.2 of this CIP apply. the total eligible costs of an approved project as invested by Eligible Projects and Costs slD the applicant,or$15,000,whichever is the lesser amount. GC; The following types of plans or studies will be eligible for the feasibility, design and study grant: oc0 J1 Elgin centives 2 C Bayham Elgincentives Community Improvement Plan 5 -16 0- April 2015 oa • Concept plans 5.10 Planning Application and Site plan drawings; a • Feasibility studies; Building Permit Fee Rebate • Environmental studies; Purpose and Anticipated Benefits • Structural analyses; • Evaluation of existing and proposed mechanical,electrical The purpose of this program is to provide a rebate for a portion and other building systems; of the fees required for planning applications or building • Traffic Impact Assessments; permits in relation to an improvement project. This program is • intended to reduce the costs of making improvements to Market analyses; properties by assisting with the planning and building permit • Business plans;and fees that may be incurred in association with an improvement. • Any other study or plan as approved. Value of Rebate °Q The plan or study must provide new information about the feasibility and costing of an eligible use, or provide details in Where a proposed project satisfies the eligibility requirements, support of a new business or development. a Planning Application and Building Permit Fee Rebate may be Payment provided on approved applications that covers 50% of the municipal and/or County portion of the eligible cost to a The grant will be provided upon successful completion of the maximum of$2,000. approved project. Program-specific Eligibility Criteria Subject to the availability of resources, up to 100% of the grant To be eligible for the Planning Application and Building Permit values identified above may be funded by Elgin County. Fee Grant,the following criteria must be met (in addition to the Applicants receiving the Feasibility, Design and Study Grant general eligibility criteria set out in Section 5.2 of this CIP): may be eligible for additional incentive programs offered • A property owner or tenant of an eligible property or a through this Plan (with the exception of the Tax Increase propertyproperty owner or tenant of a residentialthat is co Equivalent Grant for Major Projects); however, the total proposed to be rezoned for eligible uses oc combined value of grants in any given year shall not exceed prop g �° $15,000 per property. •J, Elgin c e nt Ives 0 Bayham Elgincentives Community Improvement Plan 5-17 April 2015 as Eligible Projects and Costs 5.11 Multiple Properties Bonus Grant Eligible costs include the following: Purpose and Anticipated Benefits • Municipal and County planning application fees,including minor variances, site plans,zoning by-law amendments or The Multiple Properties Bonus Grant is designed to encourage C7 a 'community' approach to improvement projects. Where official plan amendments;and/or • Municipal building permit fees or change of use permits. multiple owners or tenants of eligible properties and uses implement a co-ordinated approach to improvement projects Payment and capital investments that are eligible under the financial incentive programs of this CIP, each owner or tenant will be The rebate will be provided upon successful completion of the eligible for a 'Bonus Grant'. The 'Bonus Grant' is offered in o. approved project. addition to the grant(s)that have been approved for a project. °q Applicants receiving the Planning Application and Building Value of Grant Permit Fee Rebate may be eligible for additional incentive programs offered through this Plan (with the exception of the Where a proposed project satisfies the eligibility requirements, Tax Increase Equivalent Grant for Major Projects); however, a Multiple Properties Bonus Grant may be provided on the total combined value of grants in any given year shall not approved applications to each owner or tenant involved in an exceed$15,000 per property. eligible improvement project, in addition to the sum of the grant applied for. The value of the Bonus Grant will be equal Examples of Projects that may be to 15%of the total value of the grant provided to each owner or eligible or the Bonus irant: tenant,to a maximum of$1,000 per owner or tenant. Eligibility Criteria • N1,112tibroorlr g properly:ovm rs coordinate �atltaroll rrl nls Ishared ianc r;si lYlgf¢ ctr'k'in� To be eligible, the general eligibility criteria set out in Section areas lir addition o the 52500 that each owner5.2 of this CIP apply,as well as any Program-specific Eligibility r rariier tiart�ur h theI`a arle, signage, arid that apply to the incentives programs for which the CD Property Imp!cven er,I Grant_ a bonus grant 01 applicant is applying. $375 is provKled to each 0 - w E1gincentzves 2 C Bayham Elgincentives Community Improvement Plan 5 -18 0- April 2015 oa Program-specific Eligibility Criteria 5.12 Savour Elgin/Elgin Arts Trail aTo be eligible,the following criteria must be met: Bonus Grant • Owners or tenants of properties that are located in Purpose and Anticipated Benefits proximity to each other must prepare and submit applications for financial incentives at the same time, The Savour Elgin/Elgin Arts Trail Bonus Grant is designed to indicating that the proposed projects are being coordinated. support the growth of the 'Savour Elgin' and `Elgin Arts Trail' • Applications must be submitted and approved for the programs, which promote and enhance culinary tourism and following financial incentives programs only: visual arts attractions in Elgin County. Where owners or ro Facade, Signage, and Property Improvement Grant; tenants of eligible properties undertake an improvement project Building Improvement/Restoration Grant; that involves an eligible use that will also meet the criteria of Building Conversion/Expansion Grant; -the 'Savour Elgin'and 'Elgin Arts Trail'programs,the owner or Energy Efficiency Retrofit Grant; tenant will be eligible for a`Bonus Grant'. The 'Bonus Grant' is offered in addition to the grant(s) that have been approved for Outdoor Art Grant. a project. Eligible Projects and Costs Value of Grant Eligible costs include those costs identified under the specific incentive program for which owners and tenants are applying. Where a proposed project satisfies the eligibility requirements, a Savour Elgin/Elgin Arts Trail Bonus Grant may be provided Payment in addition to the sum of the grant applied for. The value of the Bonus Grant will be equal to 15% of the total value of the The grant will be provided upon successful completion of the grant provided,to a maximum of$2,000. approved project. Subject to the availability of resources, up to 100%of the grant Eligibility Criteria .-d values identified above may be funded by Elgin County. To be eligible, the general eligibility criteria set out in Section 5.2 of this CIP apply,as well as any Program-specific Eligibility cra This`Bonus Grant'may not be combined with the Tax Increase Criteria that apply to the incentives programs for which the Equivalent Grant for Major Projects. applicant is applying. 0 El in e tmeA 0 Bayham Elgincentives Community Improvement Plan 5-19 April 2015 as Program-specific Eligibility Criteria Examples of Projects that may be To be eligible for the Savour Elgin/Elgin Arts Trail Bonus Grant, eligible for the Bonus Grant: the following criteria must be met: • A buildincr tenant converts existing vacant • Owners or tenants must prepare and submit an Spay;-e I,wtb a gastro pub. The building is applications, indicating that the proposed improvement ter;;-i) in a do frtovim area. along a TourlSrli projects involves the establishment of a new eligible use that will also meet the criteria of the 'Savour Elgin' and corrector Priority Area. Foil ,+in9 project 'Elgin Arts Trail'programs. Irrtipl tion. the tenant meeis the criteri ,oF • Owners or tenants must also meet the criteria of the the SnrVOUI Elgin pro€tram and becomes a 'Savour Elgin' and 'Elgin Arts Trail' programs and be ir'remberto addition to the $10.000 dheil .d5 confirmed as a member to these programs. granted through the Suildrr 9 Conversion! Expansion Grant, a bonus grant of $1.500.. Eligible Projects and Costs Eligible costs include those costs identified under the specific incentive program for which owners and tenants are applying. 5.13 Financial Incentives Summary Payment Table The grant will be provided upon successful completion of the A summary table that provides an overview of the details for approved project and upon successfully becoming 'Savour each of the financial incentive programs is provided on the Elgin'and'Elgin Arts Trail'programs partners/members. following page. Subject to the availability of resources, up to 100%of the grant values identified above may be funded by Elgin County. by This'Bonus Grant'may not be combined with the Tax Increase Equivalent Grant for Major Projects. CD 0 '-h W Z Elgincentives 0 ee 0 a CI cilw cr Bayham Elgincentives Community improvement Plan 5-20 - April 2015 ., cm Avalkable In Available In coo Financial SemI,ements Eligible Agricullurnt Eligiblo value Of GrAnt Ina May be incentive Program Sub-Area dig Sub-Aran Us+a Sub•Are r Um of Gran)in r:Prim'Ity Arra combined 1 with oilier 1ncentkven S to Tex increase to i,iv,nunnipal aruiirr Cuuray 100%of the municipal anaror County portion Equivalent Grant Y C,M,T,O Y A,O portion of the tax increase decreasing of the tax Increase decreasing try 20%for a N for Major Projects by 10%for a period of 5 years period of 5 years. Facade:50%of eligible costs to a max. dof$5.000(may increase to$7,500 if Facade:50%of eligible costs to a max.of 'C Façade,Signage criteria are met) $10,000 0and Property Y C,M,T,O Y A,O Signage:50%of eligible costs to a Signage:50%of eligible costs to a max.of$ Y* Improvement max.of$2,500(may increase to$5,000 $7,500 n Grant if criteria are met) Property:50%of eligible costs to a max.of ;;Property:50%of eligible costs to a $5,000 max.of$2,500 Building gImprovement/ Y C,M,T,O Y A,O 50%of eligible costs to a max.of$8,000 50%of eligible costs to a max of$10,000 Y Restoration Grant Building $15 per square foot of converted orCr.Q Maximum value of the grant may increase to Conversion/ Y C,M,T,O Y A,O expanded floor space,to a maximum of • $10,000 Y Expansion Grant $8,000 Energy Efficiency 25%of the retrofit costs to a maximum Maximum value of the grant may increase to Retrofit Grant Y C,M,T,O Y A,O of$7,500 $10,000 V. Y—Must Outdoor Art Grant also be in C,M,T,O Y A,O N/A 50%of the eligible cost of the Improvements Y• Priority Area to a maximum of$3,000 Feasibllity/DesignY C,M,T,O Y A,O 5���of the eligible cost of the Same Y' Study Grant improvements to a maximum of$2,000 Application and 50%of the municipal and/or County Permit Fee Y C,M,T,O Y A,O portion of the eligible cost to a maximum Same Y' Rebate of$2,000 Multiple Property Provided In addition to grants identified above,if criteria are met 15%of the total value Owner Bonus Y C,M,T,O Y A,O of the grant provided to each owner or tenant,to a maximum of$1,000 per owner or Y' Grant tenant Savour Provided in addition to grants identified above,if criteria are met. 15%of the total value Elgin/Elgin Arts Y C,M,T,O Y A,O of the grant provided to each owner or tenant,to a maximum of$2,000 per owner or Y' Trails Bonus tenant. Grant bq Y—Yes O—Outdoor recreation CD N—No A—Secondary and agriculture-related uses related to existing farm operations p C—Commercial Uses N/A—Not available t� M—Mixed Uses O T—Tourism-oriented commerciaVservice Total value of all grants may not equal more than$15,000 t,, Vl J . 2'S Elgzncent ve.s. (0 u o i lea 1s! U ! W pd i..7-... E._, 4?,..I. 010 1 'Itz E z a w d I)1111 c 4iti't. 0z aA w Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 94 of 357 7D 0 cip Bayham Elgincentives Community Improvement Plan 6-1 cr April 2015 CAA CD6 . 0 6.2 Administrative Body AdministrationThe `Elgincentives Implementation Committee' has the C7 responsibility of administering the Elgincentives CIP, including financial incentive programs. Specifically, the 'Elgincentives The Elgincentives CIP will be Implementation Committee'will: administered by the Municipality of a) Receive and review all applications for financial Bayham in partnership with Elgin incentives;and b) Make a decision on whether an application should be County. The following Section pp a roved or refused, based on the criteria outlined in provides a framework for this Plan. administering financial incentive The 'Elgincentives Implementation Committee' will consist of programs. senior staff from all seven of the lower tier municipalities(when required) including the Municipality of Bayham, in addition to 6.1 Term of the CIP staff from Elgin County, Applications will be regarded on a first come,first served basis, It is anticipated that the Elgincentives CIP will be implemented and evaluated based on criteria set out by the `Elgincentives over a 10-year period ending December 31, 2025. Should it be Implementation Committee'. determined that the term is to be extended or reduced, an amendment to this CIP will be required. Actual payment of tax assistance and grants (both the local and County funded portions) to an approved applicant will be the responsibility of the Municipality of Bayham. Funding from 11) Elgin County will be provided to the Municipality and not directly to an approved applicant. 0 .fi E ginCen-ri„..'e5 0 C7 Bayham Elgincentives Community Improvement Plan 6-2 April 2015 ao The 'Elgincentives Implementation Committee' will also be put into effect for that year, if any. Subject to the availability of responsible for: resources, up to 100% of the grant programs may be funded a by Elgin County, with the exception of the Tax Increase c) Marketing the Elgincentives CIP in accordance with the Marketing Strategy outlined in Section 7.0 of this CIP; Equivalent Grant (for Major Projects) and Application and Permit Fees Rebate. For these programs, local and County p and Councils will only have the option of funding their portion of the d) Monitoring the results of the Eigincentives CIP, and property tax increase or planning application/building permit specifically the financial incentive programs, in fees. accordance with the Monitoring Strategy outlined in Section 8.0 of this CIP Since applications will be regarded on a first come first served basis and evaluated on the criteria set out by the'Elgincentives 6.3 Funding of Financial Incentives Implementation Committee',the provision of any incentive shall be to the limit of the available funding for that year. To the Any number of the financial incentives identified in this Plan extent possible the Committee shall endeavour to distribute may be put into effect during the term of the CIP,subject to the grants throughout the County for eligible projects. Once the availability of funds and other resources. Annually, the annual budgets have been expanded, grants will no longer be 'Elgincentives Implementation Committee' will report to the provided until the following year. local Council of Bayham and Elgin County Council with respect to Financial incentives that will be in effect within the The annual budget for financial incentives will not fund tax Community Improvement Project Area for that year. assistance programs offered by this Plan, since these are not "out of pocket" expenses. Funding for these incentives will be The incentive programs will be funded by the Municipality of provided as reimbursements in the year following payment to Bayham in partnership with Elgin County. As part of the the Municipality of Bayham or Elgin County,or as cancellations, annual budgeting exercise, local and County Councils will and therefore do not require funding. identify a community improvement budget for financial incentives that have been put into effect for that year, if any. Actual payment of tax assistance and grants (both the local ^ and County funded portions) to an approved applicant will be crg During the annual budgeting exercise, the Councils of Bayham the responsibility of the Municipality of Bayham. Funding from CD and Elgin County will also identify the extent to which they will Elgin County will be provided to the Municipality of Bayham CP, participate in the various financial incentives that have been and not directly to an approved applicant. /25 Elgincentives 7I 0 0 w Bayham Elgincentives Community Improvement Plan 6 -3 cr April 2015 CAA 6.4 Application Process Committee' and, if approved, notice of completion will be CDissuedand the financial assistance will be initiated; The following is a summary of the process for the submission, g) Upon completion of a community improvement project, the evaluation, and approval of Financial Incentive Program 'Elgincentives Implementation Committee' reserves the applications: right to inspect any properties/buildings, or to audit final C7 costs at the owner's expense; a) Applications must be submitted in accordance with the h) Funding approval will lapse if a notice of completion is not requirements outlined in Section 6.4; issued within twelve months of the date of execution of the b) The Elgincentives Implementation Committee' will Financial Assistance Agreement; evaluate all applications and supporting materials in a i) The 'Elgincentives Implementation Committee' may grant timely manner. Applicants will be notified if their an extension for community improvement works following submission is incomplete; receipt of a written request by the owner setting out the c) Based on the evaluation of complete applications, a reasons for the extension and providing a new date of decision will be made by the 'Elgincentives Implementation completion;and Committee' with respect to the approval or refusal of an application; j) Should the applicant fall into default of any of the requirements of the incentive program or other d) For applications that are approved, a Financial Assistance requirements established by the 'Elgincentives Agreement will be prepared and executed by the Implementation Committee', incentives may be delayed, 'Elgincentives Implementation Committee'; reduced, or cancelled. Applicants may be required to e) Any program commitments may be cancelled if work does repay benefits. not commence within six months of approval of an application, or if a project is not undertaken or completed The figure provided on the following page summarizes the key in accordance with the Financial Assistance Agreement; steps of the application and review process. f) When projects are completed, a statement with supporting invoices shall be submitted to the `Elgincentives Implementation Committee'. Following this, the work will 11) be inspected by the `Elgincentives Implementation CD 0 Elgince twe 7D 0 w `r Bayham Elgincentives Community Improvement Plan 6-4 April 2015 cra CD Key steps of the Elglncentives CIP Application and Review Process: a. 3Approved. Applicant (IQCounty provdes Grant is Paid Application Applii*tion >Committee undertakes Submitted to ieviewed by Makes Decision)worlk/notifies 6-rant paymentby local Committee Committee / Comrhittee o local- Municipality uponMunicipality/ to Applicant • if completion (10 CD 00 0 w Elgincent ves C Bayham Elgincentives Community Improvement Plan 6-5 cr April 2015 C ac 6.5 Application Requirements Applications for financial incentives offered through this Plan a. a must include: a) Three (3)copies of the completed application form; b) Three (3) copies of all supporting documentation, as determined by the 'Elgincentives implementation Committee',which may include(but is not limited to): i) Specifications of the proposed project, including good quality plans, drawing, and studies; v.o ii) Good quality photographs of the existing building condition; iii)Past/historical photographs and/or drawings; iv) Two (2) cost estimates for eligible work provided by licensed contractors; v) All sources of additional funding/incentives for eligible work; vi) A statement with respect to how the proposed project meets the goals and objectives of the CIP;and vii) Any additional requirements as determined by the Committee. CD C --h c� Egg en T ic6eieijs 6u !je1Jen ..( to 00z 1 ( 05 fiP Q 0 Z ab w Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 100 of 357 cr Bayham Elgincentives Community Improvement Plan 7-1 cr April 2015 ua a) Primary target markets: . 0 i. Property owners and operating businesses located within the various geographic specific Sub-Areas of Marketing Strategy the Community Improvement Project Area to ensure that there is awareness of the programs and opportunities of the CIP;and The success of the Bayham ii. Commercial and industrial realtors, to ensure that part Elgincentives CIP will depend to a of the 'marketing pitch' for any properties offered for large extent on how well it is promoted sale in the Community Improvement Project Area 27' includes the availability of incentives. to target markets/potential applicants. fiq b) Secondary target markets: A general strategy is outlined in this i. The broader business community and potential section that provides guidance for investors (located both within and outside of Elgin marketing. County) to which economic development marketing materials are generally directed, to promote the pro- 7.1 Target Markets active economic development stance of this CIP. Marketing efforts for the Elgincentives CIP will be undertaken ii. The general public. by the 'Elgincentives Implementation Committee'. Efforts Another key communication initiative should be to the Councils should focus on the potential target markets listed below. of Bayham and Elgin County, in the form of annual reports on the take-up of CIP programs, and any changes or revisions that are recommended. This is discussed further in Section 9.0. 0 1-n Elgincentives 'r o 0 C7 w `" Bayham Elgincentives Community Improvement Plan 7-2 pC April 2015 7.2 KeyMessages Communications r 9 TZrgot Market ima ketin, Mersa!es �- The specific communications messages to be conveyed to • Emphasize that they are being each of these market segments are outlined below: `recruited'to help spread the word about CIP possibilities. d CommunFoati ins" • Share success stories as a result of Targetlassa•B$ • the CIP(i.e.,successful projects and before/after pictures). Property • Provide direction on how to obtain p� ). �? owners and information on available incentive business programs, including program guides Business Emphasize that they are being managers in and application forms. associations `recruited'to help spread the word the various CIP • Provide information about the about CIP possibilities. Sub-Areas application process. • Highlight that the CIP will benefit their °q • Emphasize the significant benefits that members. Farm Operators may be available to them from • Share success stories as a result of and participating in the program,including the C1P(i.e., successful projects and financial assistance. before/after pictures). Agribusiness Potential • Highlight that the CIP reinforces the (as applicable) • Highlight the significant leverage effect of the financial incentive programs investors in pro-active and pro-development Tourism (i.e.,potential to leverage/multiply the community stance of the Municipality of Bayham Businesses value investments. and Elgin County. • Emphasize the potential for the General public • Share success stories as a result of Municipality of Bayham and Elgin County the CIP(i.e., successful projects and to help achieve strategic business before/after pictures). development goals. Local and • Report on implementation,progress on • Share success stories as a result of County achieving the CIP's objectives and any the CIP (i.e.,successful projects and Councils changes/revisions proposed for the P before/after pictures). program. cra Realtors • Demonstrate that the CIP enhances • Share success stories as a result of the attractiveness of properties in the CIP(i.e., successful projects and c-.) Community Improvement Project Area. before/after pictures). 0 w cm J Elgincentives 2 C Bayham Elgincentives Community Improvement Plan 7 -3 April 2015 (I0 7.3 Marketing and Communications z Materials c) Presentations should be made to property-owners, tenant businesses, business associations, and members of the Marketing and communications materials should be developed public to communicate the opportunities available through and maintained to promote the CIP and the related the CIP. opportunities. Examples are listed below. d) Notification ads should be published in local newspapers a) A dedicated web site (www.elgincentives.ca) has been to announce the CIP ( g' } programs and direct interested developed to provide information on the CIP, such as: parties to the website containing information. I. Goals and Objectives; e) An information sheet should be created and sent to ii. Financial Incentive Programs; agricultural organizations active in the County, to send in clq iii. Community Improvement Project Area/Sub-Areas; turn to their members (e.g. Elgin Federation of Agriculture, Environmental Farm Plan local rep; Farm Safety Council; iv. Application process and requirements; Fruit and Vegetable Growers' Association, Elgin; NFU v. How to obtain additional information. Elgin Local;agricultural and horticultural societies;etc.); A link to this website should be provided on all municipal f) A public service radio ad and/or YouTube video could be websites. developed to introduce the Elgincentives CIP to a wider, b) Newsletters/information packages should be sent directly more general audience and to create excitement/buzz to both property-owners and tenant businesses in the about the CIP CIPA sub-areas to advertise the CIP and provide additional information. as CD v, Elgincentives 0 C7 Bayham Elgincentives Community Improvement Plan 7-4 April 2015 ao The following table shows the interrelationship between these The activities above should be undertaken as part of the initial target markets and communications materials. launch of the Elgincentives CIP. In addition, over the 10-year aimplementation period, activities should be undertaken on an _ a on-going basis to regenerate excitement and awareness. 4 ti y g 1.1 'Reminder' letters or email notifications of the program and its C @ 006r 4C 0. 0d1 aCD _ , 0 �� 2; m operation can be provided to target markets. O"CS m c+ o ar Communications ? m E mu I R 3 Finally,in addition to the above marketing and communications o Vehicle rIA 0 DI 0 uN � c u efforts, specific target businesses and properties where improvements would be most desirable within Bayham should be identified on an annual basis. Short visits should be arranged with business owners/manager and/or landowners, in Web site information I I I ✓ ✓ I ✓ I -- order to ensure awareness of CIP and encourage take-up of Letter/information ✓ ✓ 1 ✓ ✓ 1 brochure/email incentives. Tailored presentations to V. if `LL business community _ Newspaper ad ✓ ✓ I ✓ ✓ _ ✓ ✓ General information I ✓ ✓ ✓ ✓ ✓ ✓ ✓ meeting _ _ Public service radio ads ✓ I ✓ ✓ ✓ ✓ ✓ ✓ Council presentations/ bmpnrt trQ N P t Ja�� f7 Elgincens CO A6eij 6uUO1!UOn I -Y i, 1 2 z 0. Alti .. C to 1Q\W Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 105 of 357 0 C7 `" Bayham Elgincentives Community Improvement Plan s-1 April 2015 (Ia d) Determine whether program adjustments are required;and a8 .0 e) Provide the basis for reporting the results of the Bayham Elgincentives CIP, and specifically the uptake and success Monitoring of financial incentive programs, to local municipal and YCounty Councils. 8.2 Frequency Strategy Collection of data related to financial incentive applications and The following provides a strategy for proposed/completed projects should be on-going during the implementation of this Plan. An evaluation of the measures the annual monitoring of the results of outlined in Section 9.3 should be completed on an annual the Bayham Elgincentives CIP, and basis. specifically the uptake and success of Aggregate targets for accomplishments should be set out over a 5-year period, recognizing that awareness and momentum of financial incentive programs. the CIP will need to build over time and that any individual year may be up or down relative to the average because of general 8.1 Purpose economic circumstances or specific individual business The purpose of the following monitoring strategy is to: situations. At the end of the 5-year period, targets should be evaluated and revised for the next 5-year target period (i.e. a) Track funds provided by the CIP to owners and tenants of 2021 2025). land located within the community improvement project area; b) Track contributions from the Municipality of Bayham and 11) cra Elgin County toward incentive program funding; c) Evaluate whether the programs are achieving the overall o goals and objectives of the CIP; J1 ,2s Elgince/x fives 0 CI cr w cr Bayham Elgincentives Community Improvement Plan 8 - 2 April 2015 oa CD 8.3 Measures aSuggested monitoring and evaluation measures for the Elgincentives CIP are set out in the following table. For each of the following objectives of the overall County-wide Community Improvement framework, specific measurable (and where possible, quantified) measures are suggested. c7 e-. Objectives__c___Iiiiiimur •Recommended Suggested Target Measure b Year 5 o [n A)To stimulate 1)To encourage the expansion of the -number of agribusiness -aim for 2-3 new establishments per economic growth agribusiness sector through new operations applying for year on average and and expanded value- assistance,and being approved diversification. added/agricultural related enterprises _ — _ _ _ S. 2)To encourage the expansion of -number of existing businesses •target 5 business expansions per business activity for existing supported in expansion activity year=25 over the period that have commercial businesses in the been partially assisted through the downtown areas/malnstreets of CIP program settlement areas. _ _ _� _ __ _ 3)To increase the number of business -number of business start-ups -aim for 1-2 new establishments per start-ups -sustainability of business after 2nd year on average year of operation _ _ 4)To increase the number of tourist -number of establishments; -aim for the expansion of 1 accommodation establishments number of rooms accommodation establishment per throughout the County _ __year on average 5)To increase the number of creative -number of establishments defined -aim for 1-2 new establishments per economy businesses in the County as being in the creative economy year on average jasper the County's definition)' - _ 6)To increase tourism in the County -this will be contextual data only,as there is nothing the County can do through the CIP programs to directly affect this measure AD 1 -.trends in tourism can be measured par Tally hrough the RTO data _ ___ aq CD 1—, 1 see:http://www.elgintourist.com/obn/DirectoryListinq/exhibithall/Exhibithall.aspx# ---1 2 Regional Tourism Organization(RTO)1,which covers Southwestern Ontario(Elgin;Windsor-Essex;Chatham-Kent;Haldimand/Norfolk;Samia/Lambton; O.) London/Middlesex;and Oxford). w LA J Elginr -entives 0 Bayham Elgincentives Community Improvement Plan 8-3 April 2015 oa R om end Suggested Ter e�t• i o fe objectives". -increases in tourism can be inferred to have some associated benefit from increased attractiveness in terms of new attractions(e.g.agri-tourism)new support facilities(more accommodation)and beautification of downtowns, lakeshore areas,key travelled corridors,etc.) C7 7)To increase employment -annual survey of all businesses costs of the CIP program relative to opportunities for local residents assisted throughout the year the new jobs created should through the CIP program,to demonstrate a positive ROI relative determine how many new job to the wages and salaries positions have been created associated with the new jobs3 B)To enhance the 8)To improve the appearance of major -define the key entry points and -target at least one area for already high entry points and tourism corridors corridors improvement each year quality of place through Bayham. -demonstrate improvements -at least 5 areas will have been for residents and visually through before'and improved at the end of the 5-year visitors. 'after'documentation_ period 9)To improve the appearance and -as above -as above utilization of the lakeshore _ 10)To improve the appearance of -as above -as above Bayham and foster civic pride through improvements to private properties C)To improve the 12)To reduce the number of vacant -calculate the current vacancy rate -target a significant improvement in stability and commercial properties in the downtown in each commercial C1P area(in vacancy rate in each C1P area sustainability of areas/mainstreets of settlement areas. terms of floorspace) the tax base. -determine change in vacancy rate on a year-to-year basis '-d 179 CD 00 8 In other words,the total wages and salaries generated by new job positions should be considerably greater than the total amount of money spent by the County and the lower tier municipality in assisting the business—likely on the order of a 3 times multiple or more. J1 Elginc;e n i 'es o 0 w (71 cr Bayham Elgincentives Community Improvement Plan 8-4 April 2015 oc Goals Objectives Recommended Suggested Target cD Measure by Year 5 Ta)To increase the assessment base -calculate the current assessment -change in the'normal'taxes CD of properties in the downtown base for each CIP area generated from the CIP area areas/mainstreets of settlement -determine change in assessment assessment base should be equal to areas,and the agricultural area. base each year4 or greater than the amount of the CIP incentive(for both the local CD municipality as well as the County)— o note as well that this Increased value to the local municipality and County is annualized relative to the shorter-term timeframe for the CIP E. va bq co 4 Note that this will be separate from the tax revenue gained from the property—especially if there a tax increment financing component to the incentive. The O assessed value will measure the true long-term increase in value. N Fllgincenuv 0 C7 Bayham Elgincentives Community Improvement Plan 8-5 April 2015 oa 8.4 Reporting b) An amendment to the Bayham Elgincentives CIP will be required in order to: An annual report should be prepared to highlight the successes and achievements of this CIP. The report will be i. Extend the implementation period of the CIP; presented to local and County Councils for consideration. The ii. Add any new financial incentive programs; report may recommend adjustments/amendments to the Plan, iii. Modify the eligibility criteria related to financial as discussed below. incentive programs offered by this Plan;and iv. Modify or expand the geographic area (i.e., the 8.5 Adjusting/Amending the CIP Community Improvement Project Area) to which financial incentive programs apply. Based on the results of monitoring and evaluation efforts, adjustments to this CIP may be required. The following as summarizes when Plan amendments will and will not be required: a) An amendment to the Bayham Elgincentives CIP will not be required in order to: i. Reduce/increase funding levels for the financial incentive programs (i.e., the local municipal portion and/or the County portion);or ii. Discontinue or cancel any of the programs identified. AD na CD 0 J1 Elgincentives MdVSSO1O Ei , ,t, c.,• znir 0r z 11 4 04. t r PrP,9 Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 111 of 357 0 C7 glossary- LA Bayham Elgincentives Community Improvement Plan 1 April 2015 ao Glossary co Agricultural Sub-Area means lands that are designated Priority Area means key areas where local investment will p Agriculture by the County Official Plan as identified on have the greatest economic benefit/impact and should Schedule A of this CIP. A set of financial incentive programs therefore be prioritized with respect to improvement projects applies to this Sub-Area. and the provision of financial incentives. Priority Areas are County means the Corporation of Elgin County. shown on Schedule A of this CIP. Settlements Sub-Area means the downtowns/main street b Eigincentives implementation Committee means the areas and ports as identified on Schedule A of this CIP. A set designated committee appointed to review applications for of financial incentive programs applies to this Sub-Area. financial incentives and make decisions on financial incentives Sub-Area means key areas of local economic activity where in accordance with the policies of this Plan. the need for improvement is the greatest and where Mixed-use means any combination of commercial uses(retail, investment will result in significant economic development personal services, restaurants, etc.), offices, institutional uses benefits. Sub-Areas are shown on Schedule A of this CIP and/or residential uses, provided that there are commercial uses at grade. as O Ui E1ginceni'ves S1flHOS 0 z 41 R. -,-,111z 1t J 0. w Rr o IP o 4 ks 04 c A a Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 113 of 357 Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 114 of 357 PzJ rT 0 0 W Schedule'A'�� Municipality of Bayham ����� .� Elgincentives CIP- �q V Community Improvement • ' rr r'�11: Project Area and Sub-Areas 17;a1 16-Q ` cortMtt, /ti 151,.... ly + �� end aAir It • ,,,�Ai peg *UK K .Mr .." + ziI Community Improvement Ika Irate' ,�� --416127Eden V Project Area d uiy'1 North Hall j �i' ��� Sub-Areas rs * �' 1 • + 1 �r � J Settlements Sub-Area [o '�~'1+ `.' ,j t�� "�t•�, Agriculture!Sub Area s s ; ., tii \ \ c.0�- ,.A ,' vol, Other Map Elements # ° T. � , �',„� 1 !1', _ Provincially Significant Wetlands $ 7--� ;' A ' , + -1 �' . 1 ! f•, 1} Provincial Highway . M ' ; `'' 1 IS ,, Stra(.ovule- -A County Road Y Ichmond+ ` ! w \ - -Z.'','Y k a ' -,-1,-.,-1, , ., r ' 111 _tl Irl ln, '--1—.W 7). - • `. ~11 y It .. .,... ,'.,, : _.: ', ..1‘,,, ,,1;1,', . it 11•',1' '`,C� t.. l, " --Ar:.!,1 yy __# 1 ' 1 . 4- ' ; "\ ‘fort_ ...— ‘ • , , 1101._ ,, 11 I,' _ 1 t, i�_ E t Vienna % 1 -. :'.It iyi; \ r, s 1 i _.k. - • li 1 1, = A-1....” 0 1 2 3 4 Are (ICissiek. CD I` _, 1 11' `1 ,�1;_,�', ' 1 '� ,, , ,'+ o. c),'L. • �. 1 ; kw Data Source: tJ, " ; j ! ,+ , lV ' -1-2,__ ,'_I. 1+ Data provided by the County O t I. t � :� f , , j s -t—.-_ of Elgin and the Ministry .y t. . - L.4_ ? \ of Natural Resources Land W a, \ +! • { G ,� "' l rs tv"+. . j Information Ontario. CA 1 j \y_1. .\ `- k�` { - Copyright queen's Printer J 11. 1IIS • j of Ontario,2015. PLANNING March 3,2015 Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 116 of 357 ror1 C 0 C7 Schedule 'B' cn Municipality of Bayham u, dadt � cr Elgincentives CIP- p z= o ?� Community Improvement c \ \ ,, ", ` Project Area and Priority lv k Q \\ `4 4 Areas r° t Corinth V c ,''- �1, A 1110 .161 � ' ' "� '4i + Eden Legend . ., �. 7 Community Improvement to . i, ' • ` -- - i t L r • ,' Project Area '".1 _,.._ Priori Areas *North Hall` ,--• #. % 1 "A t ,�5 1 i \ \, .- yk, Tourism Corridor Priority Area t Fg ,1 _ !+rte Lakeshore Priority Area w \ r� I , Other Map Elements \ �' 9-�,, -, t - y 1 Provincially Significant Wetlands `fish r',t ;�' \ s ill"' i 1, 'r "� Provincial Highway . r lti v t n County Road r. A 1 -'',/ \ , ,„..A, v.` ;-.2:..A.14,,A rii.i.,,,, , k �1 'ti Richmond' \,,, ,,'-1 , �Straffiordville,� ; „, , 1 e 1 ` ,, �. IMO' 1;,.V iii J,,, , 'k-.. alk d \ \ . �; 3 y •-, iir t �ry \ , 1 , . , f .�igrJ L,yj ...„„....r aQ:71-rilterl, tr. f \ .. , #A -Ay,,, tillki ...... ! -s "PIA IP a viennaklr4 )►' �!' w s 0 1 2 3 4 y7y V Z .A`�'.. 4 .L.L'+ 1 C y1 ,.\' , - -AD �; 1 1' \ ,\ it , km ■ ` y y 4 1` a `� Data provided by the County .-- - 4 (` _ + 1 .1 of Elgin and the Minielry `r, so r r �ti �_ \ of Natural Resources Land f* `y,s mit. .rte t ��� 1���4►��;��tn�`TelS ,�i IMP Jnr . v NE Information Ontario. J ► 4$40.4":44-47441'44P 4141°,46.4 "'it.W.1'��►1 • �*,tf t�+1� ���%i 4 4;44 si y 44,;.4 , of Omar u Queen's Printer PLANNING March 3,2015 Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 118 of 357 0 0 a C7 w t Ct Cr Thls County-vele Community Improvement Framework Schedule C r� does not form part of the Elpincentives CIP.It Is provided es Di) context to show haw the seven Community Improvement Piens ext CM locally adopted by local muoclpatltes will wort together.To qt determine wheeler a property is located within a COmmudty N Improvement Sub-Ares,reference must be meds to Schedule A of COUNTY OF MIOOLESEX me' this CIP. CRY OF LONDON MALAHIDE CENTRAL ELGIN y -;'' AYOn ro SOUTHWOLD Deena 1 -kik �. DUTTON/DUNWICH : � xo , 00o r � """- I--1 COUNTY OF MIDDLESEX $. - .•eta 170 Wynn Nslsa. � 33 il �7,� - -� y '- s �•r:�1 _ COUNTY OF OXFORD ¢ u _ '1 it rHe''r< aw a /pepsep Nal i�^+ WEST ELGIN .iA�,... r r4 } �M U - `,•a , -,,,,,,,;iter,a �-�tll 6L' As ' "_ .....-.—,,. ---'. _ Weir B,AYH 0 ("Ii orktalfrkt y 1:. n „.„,./. t ,ra s�. 7 1. • 'q, xewaenrar .y : �:.x._..�` + ., � taaee,•. -w` e'eesee �t +' + 6staeN �/ } Fs x•. ey sea _ ya1Nl tssenre ,_ 4 F"rLMER 9 -sr n ,02'1.# :•X \_ `tone :..tux• e. Y Ica 1. !1 1s 'sl .of ! • r"•M• _ laumman oamars _ a _R it j ,q � dor. C e `.e ,•0, ee.n,t G 4 q Itleanrepd 17Q w, +;;�e' sse•1 � }l 5�fgre per�Anek.U. 1 tet l—� e� 7• —- •¢ e scree b CIG CD 1 1.--LI Schedule'C --- I��'LeprcommwirylnprmvnwrPr•leofAr•..PdoatyArne -Pnenurt+iyn«ry --- _ - _----- w ----- -- Date Soto parcel by the county- Sub-Areas ilitollem Conder PewiyM• -,,cons Rose o/Elgin eM Me Unitary O Elglncentives Community naettleme alb-Arae Lakeshore Primly line Proposed Trenepmhtlan Caldor sir*p of Natural Reaoueee Land —s-) Improvement Plan `r-IA,ketwni Sub-nne Maw Map Elements "r°'melon°n°d°. Lir-) r i O Ws enw S I Copyright Queen's Printer RaNtdeN arerilk.W a•2m of Ontario 2015. LA-•••1 County-wide Framework o s 10 15 20 PLANNING km March 3 2015 Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning... Page 120 of 357 Ministry of Ministere des Transportation Transports Office of the Minister Bureau du ministre Ferguson Block,3fd Floor Edifice Ferguson,3`etage 77 Wellesley St.West 77,rue Wellesley ouest Toronto,Ontario Toronto(Ontario) 0 M7A 1Z8 M7A 1Z8 416-327-9200 416-327-9200 www.ontario.ca/transportation www.ontario.ca/transports M2015-2414 June 10, 2015 His Worship Paul Ens RECEIVED Mayor Municipality of Bayham JUN 12X05 9344 Plank Road PO Box 160 Straffordville ON NMUNICIPALITYOFBAYHAMNW 1Y0 Dear Mayor Ens: It is my pleasure to take this opportunity to share news affecting off-road vehicle (ORV) use in Ontario. I recognize that a number of Ontarians enjoy the use of their ORVs as well as the economic and tourism benefits and increased mobility associated with on-road use of ORVs.As such, I am committed to a collaborative approach in our development of policy. This collaborative approach included successful in-person consultations in January 2015, with the participation of 30 different stakeholder groups representing enforcement, municipalities, public health, ORV industry members, agricultural groups and trail organizations. Following that consultation, my ministry continued their engagement efforts by posting proposals to both the government's Regulatory and Environmental Registries for 45 days in order to seek additional feedback from the public. The period for public feedback ended on April 13, 2015, and we received almost 1,800 submissions. I am pleased to announce, as a result of these efforts, that existing on-road access rules for"single-rider"ATVs will be extended to additional ORV types which meet specified voluntary off-highway industry standards. These changes will take effect on July 1, 2015, and will allow two-up all-terrain vehicles (ATVs), side-by-side ATVs and utility terrain vehicles (UTVs) on permitted provincial highways and municipal roads where bylaws permit their use. Notably, there are no changes to the ORV municipal bylaw authority provided in the Highway Traffic Act(HTA). However, municipalities are encouraged to review existing bylaws to ensure they apply to these new ORV types.Additionally, these new ORV types require some safety rules unique to their configurations that do not currently apply to"single-rider"ATVs (e.g.; seat belt requirements, helmets and minimum age for passengers, etc.). While existing Highway Traffic Act offences will immediately apply, the focus of the next three months will be to educate the public about Ontario's road rules for these new ORV types and their additional safety requirements. ..12 Ministry of Transportation re Off-Road Vehicle use in Ontari... Page 121 of 357 -2- I assure you that my ministry recognizes the importance of a vibrant, sustainable and safe power sports sector in Ontario, and we support providing Ontarians with options to safely explore our vast province. To this end, I have asked ministry staff to continue to engage stakeholders and community partners in discussions, including the topic of extending on-road access to additional types of ORVs such as UTVs, to ensure Ontario remains amongst the top jurisdictions in road safety. I thank you for your support and input on this initiative. My ministry looks forward to continue working with our municipal partners, as well as with enforcement, ORV and trail organizations, and interested road safety partners in communicating these changes during the public education period. Sincerely, )4Alt4 Steven Del Duca Minister Ministry of Transportation re Off-Road Vehicle use in Ontari... Page 122 of 357 44 OF unE \ft 4 < Q1 q I TiteAluniciffalit of ell .01 rzigitt 0 'I99:;a0 RECEIVE D JUN , 1 2015 May 29, 2015 MUNICIPALITY OF BAYHAM Mark McDonald Chief Administrative Officer County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 Dear Mr. McDonald: RE: Elgin-St. Thomas Municipal Association Please be advised that the Council of the Municipality of West Elgin passed the following resolution at their meeting held on May 28, 2015: DULY MOVED AND SECONDED RESOLVED that Council of the Municipality of West Elgin supports the resolution for the Municipality of Central Elgin to continue the Elgin-St. Thomas Municipal Association subject to each lower tier municipality within the County of Elgin and the City of St. Thomas agreeing to rotate the duties for planning the event, including secretarial and treasury duties, on an annual basis. AND that the Municipality of Central Elgin agrees to be responsible for the 2016 event. DISPOSITION: Carried Should you have any questions please contact the undersigned. Yours truly, Norma I, Bryant, HonBA,AMCT Clerk cc Elgin County Lower Tier Municipalities City of St. Thomas 22413 Hoskins Line, Box 490, Rodney, Ontario NOL 2C0 Tel: (519) 785-0560 Fax: (519) 785-0644 Municipality of West Elgin re Elgin-St.Thomas Municipal Ass... Page 123 of 357 KEEP HYDRO PUBLIC WWW KEEPHYDROPUBLIC.CA Lynda Millard RECEIVED Clerk,Municipality of Bayham P.0. Box 160 JUN -2 2015 Straffordville,Ontario NOJ 1Y0 MUNIOIPALITY OF BAYHAM Subject:Resolution regarding the proposed privatization of Hydro One Dear Ms. Millard: The Ontario government's plan to sell 60 per cent of Hydro One,the provincial electricity transmission utility,has far-reaching implications for every citizen and municipality in the province. On behalf of Keep Hydro Public,a broad-based coalition created to stop the sell-off, I am writing to encourage your municipality to add its voice to the many others that are already telling the provincial government to change course and keep Hydro One in public hands. By now I am sure council members will have heard the many arguments against the sale: • Selling the majority of shares in Hydro One will take control of this vital asset away from the people in Ontario and put it in the hands of private investors,including foreign investors who may not even care whether we have reliable,affordable electricity. • Privatization will increase electricity prices for residential,business,and government customers alike. • Under the plan proposed by the government,oversight of Hydro One by independent officers of the legislature would end.The Auditor General and the Financial Accountability Officer would no longer be able to scrutinize the utility's books or its operations;consumers would no longer be able to appeal to the Ombudsman when problems arise;citizens would not be able to access information about Hydro One through the Freedom of Information and Protection of Privacy Act;salaries of top Hydro One officials would no longer be made public under the Public Sector Salary Disclosure Act;the Integrity Commissioner would not be able to review expenses of Hydro One officials;and Hydro One would no longer be subject to the French Language Services Act. In other words,transparency and public accountability would end.Ontarians would truly be"in the dark"with respect to Hydro One operations. (Please turn over) Keep Hydro Public re resolution regarding the proposed priva... Page 124 of 357 • Privatization will provide government with a short-term cash injection that will soon be spent in exchange for giving up a steady,long-term source of revenue that pays for public services we all depend on.The cost to Ontarians will be hundreds of millions of dollars per year. Perhaps more significant than these strong arguments is the simple fact that the provincial government has no mandate from the people of Ontario to make a sale of this magnitude. (This may explain why the government chose to put the Hydro One sale inside its 2015-16 Budget bill and push it through the legislature with minimal opportunity for public input.) it is crystal clear that the people of Ontario do not support the sale of any part of Hydro One. Published opinion polls show opponents of the sale outnumbering supporters by a three-to-one margin.Editorial opinion is similarly opposed. If democracy means anything,we must stop this sale. At this time, Keep Hydro Public is asking municipal councils,from the largest to the smallest,to pass a resolution opposing the sale or partial sale of Hydro One and to communicate that opposition to the government,area MPPs,and the Association of Municipalities of Ontario.Included with this letter you will find a draft resolution which municipal councils are,of course,free to use and modify as they see fit. Your assistance in putting this issue on the agenda of your council as soon as possible is greatly appreciated;we would also appreciate hearing back from your municipality if and when council takes action on this matter. For more information about Hydro One privatization or the ever-growing Keep Hydro Public,please visit our web site at www.keephvdropublic.ca or contact me directly at info@keephydropublic.ca or (647)272-5024. Thank you for your time. Sincerely, Katrina Miller On behalf of Keep Hydro Public P.S.If your municipal council has already considered this matter,thank you for doing sol Keep Hydro Public re resolution regarding the proposed priva... Page 125 of 357 RESOLUTION DATE: MOVED BY: SECONDED BY: Municipal Resolution to express opposition to the privatization of Hydro One WHEREAS the public electricity system in Ontario is a critical asset to the economy and vital to the living standard and well-being of all Ontarians; AND WHEREAS it is essential that Ontarians maintain public control and public decision-making with respect to electricity; AND WHEREAS experience in other jurisdictions shows that privatization typically means consumers pay more for electricity; AND WHEREAS a privatized Hydro One will no longer be subject to scrutiny by the Auditor General, the Ombudsman, the Financial Accountability Officer, or the Integrity Commissioner, and will no longer be required to provide information or services to citizens under the Freedom of Information and Protection of Privacy Act, the Public Sector Salary Disclosure Act, or the French Language Services Act; AND WHEREAS our public electricity system currently generates hundreds of millions of dollars in revenue for the provincial government every year to help pay for public services we all depend on; AND WHEREAS the sale of shares in Hydro One will provide a short-term financial gain for the province in exchange for a much larger long-term financial loss; AND WHEREAS the provincial government has no mandate from voters to sell any part of Hydro One; AND WHEREAS opinion polls show Ontarians oppose the privatization of Hydro One by a significant margin in every part of the province; THEREFORE BE IT RESOLVED that the City/Town/Township/Municipality of call on the provincial government to: • Halt the sale of any part of Hydro One, and maintain Hydro One as a public asset for the benefit of all Ontarians; Keep Hydro Public re resolution regarding the proposed priva... Page 126 of 357 • Strengthen Hydro One by investing in the next generation of workers and upgrading our electricity transmission infrastructure; • Respect the autonomy and local decision-making powers of local distribution companies by not forcing these companies into mergers or sales; AND BE IT FURTHER RESOLVED that the City/Town/Township/Municipality of communicate this resolution to the Premier, with copies to the Minister of Finance, the Minister of Energy, area MPPs, and the Association of Municipalities of Ontario (AMO); AND BE IT FURTHER RESOLVED that the City/Town/Township/Municipality of work through AMO to encourage other Ontario municipalities to express their opposition to the privatization of Hydro One. Keep Hydro Public re resolution regarding the proposed priva... Page 127 of 357 1Y vivo. yo,_.• 111k 4111166......11111 Apoj.tunity I 'to�t NOTICE OF PUBLIC CONSULTATION Canada's 150th anniversary of Confederation is in 2017 and is a pivotal milestone for the country that allows the public to connect with the past, celebrate who we are, honour exceptional achievements, and build a legacy for tomorrow. The overarching theme for Canada 150 is Strong, Proud, and Free—three words that define and characterize present-day Canada. A Canada that is a strong leader in the world with one of the most robust economies. A Canada that is proud of its identity and achievements as well as its natural beauty and resources.A Canada that is free with an open, diverse, and pluralistic society. This theme connects us with our past, embraces the present, and builds towards the future. The goal of the Canada 150 Fund is to create opportunities for Canadians to participate in local, regional, and national celebrations that contribute to building a sense of pride and attachment to Canada. The Municipality is seeking public input on potential projects for Council consideration. Examples of eligible projects under the Canada 150 Fund include: • Celebratory or commemorative activities and events; • Community building activities and events; • Sport and active-living activities and events; • Exhibits; • Plaques, monuments and permanent installations; • Ceremonies for site dedications; • Interpretive programming and tours; • Documentary films; • Learning materials and activities; • Theatrical or musical performances; PO Box 160 9344 Plank Rd, Straffordville, ON NOJ 1Y0 Or at: consultations@bayham.on.ca Written submissions will be received until June 29, 2015 before 4:30 PM. Notice of Public Consultation re Canada 150 Fund Page 128 of 357 TOWN OF 11 OFFICE OF THE MAYOR Tony Van Bynen June 3,2015 Dear Sir or Madam: RE: Community Mailboxes The following resolution was adopted by the Council of the Town of Newmarket at its meeting held on June 1,2015. WHEREAS the installation of community mailboxes raises several of the same concerns as the installation of above-ground plant(e.g.,utility boxes)in municipally-owned right-of-way;and WHEREAS the installation of community mailboxes might require installation requests for additional sidewalks where no sidewalks currently exist;and WHEREAS the installation of community mailboxes might require installation of additional sidewalk approach ramps for easier access,for persons with disabilities or pushing strollers andlor seniors;and WHEREAS increased snow clearing responsibilities for adjacent property owners and the Town would be needed; and WHEREAS installation of additional sign posts, adjacent to community mailboxes for parking regulation changes will be needed;and WHEREAS the installation of community mailboxes might require additional street light requests to improve visibility to and from community mailbox locations and security at these locations. NOW THEREFORE BE IT HEREBY RESOLVED THAT Council direct the Mayor to send a letter,copied to Members of Parliament, Ontario Members of Provincial Parliament, and all Ontario municipalities, that requests the Federal Minister of Transport,who oversees Canada Post,to require Canada Post to halt installation of community mailboxes immediately and to adhere to its Five-point Action Plan requirement to engage in full and meaningful consultation with all stakeholders,including the Town and its residents;and BE IT FURTHER RESOLVED THAT Council direct staff to bring forward recommendations to the next Committee of the Whole or Council meeting to align the Town's by-laws with the City of Hamilton's By-law Number 15-091 which regulates the installation of equipment on roads;and BE IT FURTHER RESOLVED THAT Council direct staff to develop appropriate standards to require Canada Post to apply for permits with an appropriate fee that reflects the resources required and costs incurred by the Town to install and maintain community mailboxes in established neighbourhoods;and BE IT FURTHER RESOLVED THAT staff bring back a new by-law for Council's enactment at the next Council meeting. Yours sincerely, Tony Van Bynen Mayor Town of Newmarket 395 Mulock Drive,PO Box 328,STN Main,Newmarket,Ontario,L3Y 4X7 p:905-895-5193 f 905-953-AFa .yor@newmarket.Ca Town of Newmarket resolution re Community Mailboxes Page 129 of 357 rte. Ministry of the Environment Ministere de I'Environnement et de and Climate Change ('Action en matiere de changement lift" Ontario climatique Environmental Approvals Direction de recces aux Access and Service autorisations environnementales Integration Branch et de('integration des services 135 St.Clair Avenue West 135,avenue St.Clair Ouest 1st Floor Rez-de-chaussee Toronto ON M4V 1P5 Toronto ON M4V 1P5 Tel.: 416 314-8001 Tel: 416 314-8001 Fax: 416 314-8452 Telec.: 416 314-8452 June 5, 2015 Lynda Millard, Clerk The Corporation of the Municipality of Bayham Imillard@bayham.on.ca Dear Ms. Millard: The Ministry of the Environment and Climate Change ("ministry") implemented the Source Protection Plan policies for prescribed instruments under the Clean Water Act, 2006("CWA") into the Environmental Compliance Approval ("ECA") Program on January 1, 2015. I am writing to inform you about the impacts of the CWA on ECA applications for certain types of waste disposal site activities and sewage works. ECA applications for waste disposal sites and sewage works are required to identify in the ECA in section 4.5 of the application form, if the proposed activity is located in a vulnerable drinking water area where it may be considered a significant drinking water threat. If the proposed activity for sewage works and/or waste disposal site is a significant drinking water threat, the CWA will apply to their ECA proposal and applicants are required to refer to the applicable Source Protection Plan to confirm if any significant threat policies apply to the undertaking. These policies may take a "prohibition" or"risk management" approach to protect sources of drinking water. Prohibit Approach If the waste disposal site and/or sewage works proposed in the ECA application is a significant drinking water threat and the activity is subject to a prohibition significant threat policy in the applicable Source Protection Plan, the ministry will be required by Part III of the CWA to refuse the ECA application. Risk Management Approach If the waste disposal site and/or sewage works proposed in the ECA application is a significant drinking water threat, (with no applicable prohibit policy) a risk management approach will be taken on a provincial-basis and additional requirements may be applied to the activity to protect drinking water sources. The ministry has developed guidance documents to assist applicants in determining if the CWA is applicable to their ECA proposal for sewage works and waste disposal sites and if additional information is required to support their ECA application. The draft Source Protection Information Bulletin for Environmental Compliance Approval for Sewage Works and Source Protection 2069(2011/10) Ministry of Environment and Climate Change re Source Protect... Page 130 of 357 -2- Information Bulletin for Environmental Compliance Approval for Waste Disposal Sites have been attached for your reference. Also,the ministry's Guide to Applying for an Environmental Compliance Approval is currently being updated to reflect the impacts of the CWA on ECA applications. These documents will be available on the ministry's website in the future. In general, for sewage works that are significant drinking water threats, additional design and operational requirements (e.g. Source Protection Supplementary Report)will apply. For waste disposal sites that are significant drinking water threats, current legislations, regulatory practices and the stringent terms and conditions imposed in the ECA are sufficient to protect drinking water sources. For both waste disposal site and sewage works that are moderate or low drinking water threats, the ministry has determined that our current standard and practices are sufficient to meet the requirements of the Source Protection Plan policies. On April 1, 2015, an Information Notice was posted on the Environmental Registry to notify the public that the ministry has implemented source protection on a provincial basis since January 1, 2015. The Information Notice includes a link to a document that summarizes the ministry's approach for the implementation of source protection into ECAs, Permits to Take Water and Pesticide Licences. The Information Notice can be found at the following link: http://www.ebr.gov.on.ca/ERS-W EB- External/displaynoticecontent.do?noticeld=MTIzODA5&statusld=MTg1 ODcw&language=en Transfer of Review The implementation of source protection also impacts the Transfer of Review Program.As part of the ministry's provincial approach to implement Source Protection Plan policies for sewage works that have been identified as significant threats to drinking water, these ECA applications are not eligible for processing under the Transfer of Review Program. The ministry has developed a transition approach for implementing source protection for ECAs submitted under the Transfer of Review Program. During this transition period, ECAs for sewage works that are significant drinking water threats will be issued under the Transfer of Review Program with the terms and conditions until December 31, 2015. On January 1, 2016, these ECA applications will be processed as a "direct submission"and the ministry will be required to request the application fee that was collected by the municipality and conduct the technical review. Additional Information Information regarding source protection can be accessed from Conservation Ontario's website http://www.conservation-ontario.on.ca/what-we-do/source-water-protection. The Assessment Reports and Source Protection Plans may also be accessed online at http://www.conservation- ontario.on.ca/uncategorised/143-otherswpregionsindex. For assistance regarding the assessment reports, Source Protection Plans, and to determine if the waste disposal site or sewage works is a significant drinking water threat, please contact the local Drinking Water Source Protection Project Manager of the Source Protection Authority. The contact for each local Source Protection Authority may be accessed online at Conservation Ontario's website. 2069(2011/10) Ministry of Environment and Climate Change re Source Protect... Page 131 of 357 -3- If you have any comments or questions regarding ECA applications, please contact Shareen Han at(416)314-0149 or at shareen.han@ontario.ca. Sincerely, ••••—c)-- Sarah Paul Director Environmental Approvals Access and Service Integration Branch Enclosure Draft Source Protection Information Bulletin: Environmental Compliance Approvals for Sewage Works Draft Source Protection Information Bulletin: Environmental Compliance Approvals for Waste Disposal Sites 2069(2011/10) Ministry of Environment and Climate Change re Source Protect... Page 132 of 357 Source Protection Information Bulletin: Environmental Compliance Approvals for Waste Disposal Sites <INSERT PUBLICATION MONTH> 2015 ©Queen's Printer for Ontario, 2015 r:S 'Ontario Ministry of Environment and Climate Change re Source Protect... Page 133 of 357 1. Introduction On January 1, 2015, the Ministry of the Environment and Climate Change ("ministry") implemented Source Protection Plan ("SPP") prescribed instrument("PI") policies made under Part IV of the Clean Water Act, 2006("CWA" or"Act").The Source Protection Information Bulletin: Environmental Compliance Approvals for Waste Disposal Sites ("Information Bulletin")was developed to assist applicants in determining if the CWA is applicable to their Environmental Compliance Approval ("ECA")application for waste disposal sites. If the CWA applies to an ECA application for waste disposal sites that is a significant threat to drinking water, the ministry will take a "prohibit" or"risk management approach to protect drinking water sources. If a SPP PI policy prohibits the activity, the ministry will refuse the ECA application. If a prohibit SPP PI policy is not triggered, the current approvals framework will be applied to the ECA application to address the applicable significant threat policies for waste disposal sites. It is the applicant's responsibility to know what SPP PI policies are applicable to the activities proposed in their ECA application. 2. Background The CWA ensures communities are able to protect their drinking water sources through the concept of prevention. This objective was achieved by developing collaborative, locally driven, watershed based drinking water SPPs. Source protection planning is a vital part of Ontario's drinking water safety net, a framework designed to protect drinking water from the source to the tap.Assessment reports and SPPs were prepared by Source Protection Committees in accordance to the CWA. Assessment Reports: These reports identify vulnerable areas around drinking water sources, assess threats to the quality and quantity of municipal drinking water sources and delineates where a drinking water threat activity would be a significant, moderate or low threat. Assessment reports are approved by the ministry's Director of Source Protection Programs Branch. Source Protection Plans: These plans contain a policy for every significant drinking water threat activity identified in the respective assessment report. Some plans include policies to address moderate or low drinking water threat activities. SPPs are approved by the Minister of the Ministry of the Environment and Climate Change. These documents reflect the thirty-eight(38)source protection areas and regions which are defined in Ontario Regulation 284/07 under the CWA. Each source protection area aligns with an assessment report and SPP. When reviewing an assessment report or SPP for the purposes of preparing an ECA application, applicants must refer to the document specific to the source protection area that is relevant to the site 2 Ministry of Environment and Climate Change re Source Protect... Page 134 of 357 location of the proposed waste disposal site. It is the applicant's responsibility to know what SPP PI policies apply to their activity. Additional information regarding the CWA and links to local assessment reports and SPPs are available online at Conservation Ontario's website. The policies contained in SPPs use a broad range of tools to protect Ontario's municipal sources of drinking water. These tools include policies that affect decisions under the Planning Act, policies that mandate education and outreach, monitoring policies and "prescribed instruments". Under the CWA, a"prescribed instrument" is defined as any document of legal effect, including a permit, licence, approval (such as an ECA), authorization, direction or order issued or otherwise created under Ontario legislation. As one of the implementing bodies of SPP policies, the ministry is required to ensure that when ECAs are issued, the approvals "conform"to any applicable significant threat policies in a SPP for activities defined as a 'significant'threat. The ministry is also required to"have regard to"the policies for activities defined as a 'moderate' or'low' threat. Since January 1, 2015, the ministry has been screening ECA applications for sewage works and waste disposal sites to confirm if the activity proposed in a significant drinking water threat. This Information Bulletin summarizes how the ministry is implementing the significant, moderate and low threat policies in SPPs that affect ECAs for certain types of waste disposal sites to protect drinking water sources under the CWA. Depending on the waste disposal site proposed in an ECA application, the ministry will: 1. process and review the proposal under current standards (CWA does not apply or the CWA applies and the ministry is required to take a risk management approach); or 2. refuse the ECA application (CWA applies and the ministry must take a prohibit approach). This Information Bulletin was developed to provide applicants with guidance to assess if the CWA impacts their ECA application for waste disposal sites. This document also specifies the additional ECA application requirements for applicants to submit a complete ECA submission, when necessary. The applicability of the CWA to an ECA application for waste disposal sites is dependent on several factors: sub-threat activity of the waste disposal site (Table 2, Section 3) level of threat of the activity(Section 4) prohibit vs. risk management approach (Section 5) future vs. existing ECA(Section 6) 3 Ministry of Environment and Climate Change re Source Protect... Page 135 of 357 3. Source Protection Impacts on Environmental Compliance Approvals for Waste Disposal Sites The CWA states that PIs may be used for the purposes of the Act to implement policies in a SPP to manage or eliminate threats to sources of drinking water. Under section 1.0.1(1)of Ontario Regulation 287/07, General Regulation, an ECA is defined as a PI because it governs activities under the Environmental Protection Act("EPA")and Ontario Water Resources Act("OWRA"). Section 1.1 (1) of Ontario Regulation 287/07 defines waste disposal sites as one of the twenty-one (21) prescribed drinking water threat activities identified in assessment reports and SPPs.Waste disposal sites are approved by the ministry through ECAs issued under Part 11.1 of the EPA as activities under section 27 of the EPA. It is important to note that not all ECA applications for waste disposal sites are applicable to the CWA. It is important to note that activities for sewage works regulated by an ECA are also a prescribed threat activity under the CWA. Please refer to the Information Bulletin: Environmental Compliance Approvals for Sewage Works at Ontario.ca. Under the CWA, the ministry is required to"conform"to the SPP PI polices for "significant"drinking water threats (section 39(7)(a) of the CWA). The ministry must also "have regard to"the SPP PI polices for"moderate" or"low" drinking water threats (section 39(7)(b)of the CWA). The ministry reviewed the SPP PI policies and developed an approach to meet the legal requirements of the CWA which impacts ECA applications. There are several factors that applicants must consider to determine if an ECA application for waste disposal sites is affected by the CWA. Depending on the SPP PI policy applicable to an ECA application, the ministry will take a risk management or prohibit approach to protect drinking water sources. As part of the ministry's "risk management"approach, if an ECA application for certain waste disposal sites is a significant threat to drinking water, the ministry's current standard and practices are sufficient to meet the requirements of the significant threat policies. As part of the ministry's "prohibit" approach, if an ECA application for certain waste disposal sites is a significant threat to drinking water, the ministry will refuse the ECA application. The activities for waste disposal sites that may be impacted by SPP PI policies have been divided into seven (7) sub-threat activities as outlined in Table 1. For the purpose of this Information Bulletin, activities for"waste disposal sites"will only refer to the specific sub- threats listed in Table 1. 4 Ministry of Environment and Climate Change re Source Protect... Page 136 of 357 Table 1: Drinking Water Sub-Threats Activities for Prescribed Waste Disposal Sites Threat Sub-threat j Waste disposal site Landfarming— Petroleum Refining Waste Landfilling—Hazardous Waste Landfilling—Municipal Waste Landfilling—Industrial and Commercial Waste Injecting Liquid Industrial Waste into a Well Storage of Hazardous and Liquid Industrial Waste Storage of Hazardous and Liquid Industrial Waste(Small Quantities) Figure 1 provides a general summary of how to determine if the CWA is applicable to an ECA application. Figure 1: How to determine if the CWA is applicable to an ECA application for a waste disposal site. No Is the ECA application for waste disposal sites? Yes r V r • No Is the proposed activity(sub-threat)listed in Table 1? No additional ECA • (Section 3 of the Information Bulletin) requirements to comply with CWA Yes 7 A Is the waste disposal site located in a wellhead protection No area,intake protection zone or Issue Contributing Area as • per the applicable assessment report? (Section 4 of the Information Bulletin) i Yes r , No Is vulnerability score 8 or above for the wellhead • protection area or intake protection zone? (Section 4 of the Information Bulletin) L 1 Provide rationale why the -Yes waste disposal site does ,r not meet the circumstance Does the sewage works meet the criteria(location and No circumstance)of the Table of Drinking Water Threats to of the Table of Drinking • Water Threats to be be considered a significant drinking water threat? (Section 4 of the Information Bulletin) considered asignificant ,` J ` drinking water threat J Yes Does a prohibit policy apply to the proposed 1 The ECA application significant drinking water threat activity as Yes' will be refused by the per the local Source Protection Plan? ministry in accordance (Section 5 of the Information Bulletin) J ,,ii. with the CWA No t V \ No additional ECA requirements to comply with CWA 5 Ministry of Environment and Climate Change re Source Protect... Page 137 of 357 4. Level of Risk: Significant, Moderate or Low The level of risk of an activity is dependent on the location of the waste disposal site in relation to a drinking water well or intake and the nature (circumstance)of the activity. Section 4.5 of the ECA application form requires information regarding the facility's impact on sources of drinking water. If the proposed activity in the ECA application is for a waste disposal site, applicants must identify in the ECA application form if the facility is located in one of the thirty-eight(38)source protection areas established under the CWA. To determine if a facility is located within a source protection area, please refer to Ontario Regulation 284/07, Source Protection Areas and Regions, assessment report or online at Conservation Ontario's website. As per above, when reviewing an assessment report or SPP for the purposes of preparing an ECA application, applicants must refer to the assessment report or SPP specific to the source protection area that is relevant to the site location of the waste disposal site proposed in the ECA application. If the facility is not located within a source protection area, additional information regarding source protection is not required and your ECA application is not applicable to the CWA. However, if your facility is located within a source protection area, it may be also be located within a vulnerable area and applicants must identify in the ECA application form the vulnerable area where the facility will be located. There are four(4) vulnerable areas: wellhead protection area; intake protection zone; significant groundwater recharge area; and/or highly vulnerable aquifer. The assessment report will also define the vulnerability"score", on a range of 0.8 to 10, associated with a vulnerable area. The higher the vulnerability score, the more easily an activity could impact a drinking water well or surface water intake. In general, significant drinking water sources are located in wellhead protection areas and intake protection zones with a vulnerability score from 8 to 10. If the proposed activity for waste disposal site is located in a wellhead protection area or intake protection zone with a vulnerability score of 8 or above, it may be considered a "significant"drinking water threat and further analysis is required. A significant drinking water threat may also occur in an Issue Contributing Area regardless of the vulnerability score. An "issue" is a substance, such as phosphorus, present in the raw water that could deteriorate the quality of drinking water at the intake or well. Where an "issue"was identified within a vulnerable area, the source(s) of contamination within the vulnerable area that may contribute to the deterioration of the water quality were identified and delineated as an Issue Contributing Area. Issue Contributing Areas do not have an associated vulnerability score as all threats (i.e. 6 Ministry of Environment and Climate Change re Source Protect... Page 138 of 357 sewage works)that may contribute to the issue within this area are significant drinking water threats. Although section 4.5 of the ECA application form does not include Issue Contributing Area as an option for a"vulnerable area", this area is always located within a vulnerable area such as an intake protection zone or wellhead protection area. To determine if a facility is located within an Issue Contributing Area, please refer to the assessment report for that source protection area. Although the ECA application form does not include Issue Contributing Area as an option for a"vulnerable area", this area is always located within a vulnerable area such as an intake protection zone or wellhead protection area. To determine if a facility is located within an Issue Contributing Area, please refer to the assessment report for that source protection area. In addition to the location of the activity in relation to a drinking water well or intake, the level of risk associated with the proposed waste disposal site (significant, moderate or low) is also dependant on the circumstance (e.g. capacity of the facility, chemicals and/or pathogens present). The Table of Drinking Water Threats, 2009 links the information between the location of the facility(vulnerable area and vulnerability score) with the circumstance to determine if the waste disposal site is a significant, moderate or low drinking water threat. If the waste disposal site is located in a wellhead protection area or intake protection zone with a vulnerability score of 8-10 or an Issue Contributing Area (regardless of the vulnerability score) and does not meet the circumstances in the Table of Drinking Water Threats to be deemed a significant drinking water threat, the applicant must provide a rationale in the ECA application what circumstances (from the Table of Drinking Water Threats) are not applicable to the proposal. In other words, the applicant is required to explain why their proposal does not meet the criteria for a significant drinking water threat despite being located in a vulnerable area. Note, if the circumstance of the waste disposal site is not reflected in the Table of Drinking Water Threats, then it may not be considered a drinking water threat. The most updated version of this table can be accessed online at Ontario.ca. For waste disposal site ECA applications that are significant, moderate or low drinking water threats, the ministry has determined through an assessment of available acts and regulations (e.g. the Environmental Protection Act and its associated regulations and guidelines)that the current approvals framework addresses the source protection policies threat activities for waste disposal sites. Although the ministry has not specified the need for additional information to support ECA applications for waste disposal sites which are significant, moderate or low drinking water threats, the Risk Management Measures Catalogue("RMMC") is a tool to determine which management measure(s)and management target(s)are suitable to effectively manage a specific threat to the quality or quantity of source water. This tool may be accessed online through the Conservation Authority's website. Applicants 7 Ministry of Environment and Climate Change re Source Protect... Page 139 of 357 submitting an ECA proposal may use the RMMC to take local conditions into consideration to mitigate threats to source water regardless if the waste disposal site is a drinking water threat under the CWA. It is the responsibility of the applicant to know what SPP PI policies apply to the waste disposal site activity they wish to engage in and the requirements for a complete ECA submission. Applicants may seek assistance to determine if their ECA proposal is a significant threat to drinking water by contacting the local Drinking Water Source Protection Project Manager of the Source Protection Authority(Section 9 of the Information Bulletin). As an implementing body of the SPP PI policies, the ministry is required to conform (under clause 39(7)(a)and s.43 of the CWA)to SPP PI policies for significant drinking water threat activities. The policies which are applicable for waste disposal site ECA applications may take a"prohibition" or"risk management"approach to protect drinking water sources. 5. Prohibit vs. Risk-Manage Prescribed Instrument Policies The ministry is required to conform to applicable SPP PI policies that prohibit or take a risk management approach to waste disposal sites regulated under an ECA that is a significant drinking water threat. Prohibit Policy: Where a significant threat policy in a SPP adopts a prohibition approach,the ministry will refuse the ECA application for the activity prohibited by the policy. Manage Policy: Where a significant threat policy adopts a risk management approach to address either an existing or new waste disposal site that is a significant drinking water threat,the ministry will follow existing standards and requirements for the waste disposal site activity to protect drinking water sources. Applicants should confirm if a prohibit policy applies to their ECA proposal by referring to the SPP applicable to the source protection area their facility is located in. Applicants may seek assistance from the local Source Protection Drinking Water Project Manager at the Source Protection Authority(Section 7 of the Information Bulletin). If the proposed activity for a waste disposal site is defined as a significant threat and does not trigger a prohibit policy in the local SPP, the activity is required to be managed through an ECA in accordance with the ministry's existing standards and requirements for the waste disposal site activity. It is important to note that many threats to drinking water sources are already regulated through site specific approvals and the ministry will continue to apply existing standards and requirements to these approvals. 8 Ministry of Environment and Climate Change re Source Protect... Page 140 of 357 6. Existing vs. Future Prescribed Instruments The SPPs include policies that apply to"existing"and "future" ECAs and the definition of "existing"varies between SPPs. Applicants submitting an ECA application for an amendment(or Notice)to an existing approval, must refer to the SPP (appropriate to the site location of the waste disposal site they wish to engage in)to determine if the proposed significant drinking water activity is considered an existing or future activity. As part of the ministry's provincial-approach, ECA applications submitted to the ministry prior to the ministry's January 1, 2015 implementation date are considered "existing" activities. Whether an ECA application is proposed for an "existing"or"future" activity may impact if a"prohibit"or"risk management"approach applies to the ECA application. (see Table 2). Existing Instruments: Existing ECAs for waste disposal sites which are significant threats to drinking water may require an amendment to ensure the activity is not a risk to drinking water sources.The ministry is required to ensure that existing instruments conform with SPP PI policies within three(3)years of the effective date of the local SPP, or within the timeframe identified in the plan. The ministry will contact the ECA holders to discuss the next steps, if their ECA requires an amendment. Future Instruments: Future ECA applications for waste disposal site activities which are considered a significant threat to drinking water continue to be subject to the ministry's existing standards and requirements for the waste disposal site activity. If a SPP PI prohibit policy applies to a future ECA proposal,the ministry will refuse the ECA application. Table 2: Summary of SPP PI Policy Impacts on ECA Applications for Waste Disposal Sites Significant Drinking Water Threat Low to Moderate Drinking Water Threat Prohibit Policy Manage Policy Prohibit Policy Manage Policy Future Ministry will not Ministry will follow Not applicable Ministry will follow Instrument issue ECA for current practice for current practice for waste disposal review and issuance review and issuance of sites of ECAs for waste ECAs for waste disposal sites disposal sites Existing Ministry will contact Ministry will contact Not applicable Not applicable Instrument ECA holders to ECA holders to discuss the discuss the next steps next steps if their approval requires an amendment 9 Ministry of Environment and Climate Change re Source Protect... Page 141 of 357 7. Getting Assistance For information regarding assessment reports, SPPs, and to determine if your activity is a significant drinking water threat, please contact the local Drinking Water Source Protection Project Manager of the Source Protection Authority. The contact for each local Source Protection Authority may be accessed online at Conservation Ontario's website. For information regarding the requirements of an ECA application, applicants may contact: Ministry of the Environment and Climate Change Environmental Approvals Access and Service Integration Branch 2 St. Clair Avenue West, Floor 12A Toronto ON M4V 1 L5 Telephone: 416-314-8001 Toll-free: 1-800-461-6290 11\‘ Fax: 416-314-8452 Email: eaasibgen@ontario.ca 'V/ % "Aljull.111111L -1114111Ie 10 Ministry of Environment and Climate Change re Source Protect... Page 142 of 357 Source Protection Information Bulletin: Environmental Compliance Approvals for Sewage Works <INSERT PUBLICATION MONTH> 2015 ©Queen's Printer for Ontario, 2015 Ontario Ministry of Environment and Climate Change re Source Protect... Page 143 of 357 1. Introduction On January 1, 2015, the Ministry of the Environment and Climate Change ("ministry") implemented Source Protection Plan ("SPP") prescribed instrument("PI") policies made under Part IV of the Clean Water Act, 2006("CWA" or"Act"). The Source Protection Information Bulletin:Environmental Compliance Approvals for Sewage Works ("Information Bulletin")was developed to assist applicants in determining if the CWA is applicable to their Environmental Compliance Approval ("ECA")application for sewage works. If the CWA applies to an ECA application for sewage works that is a significant threat to drinking water, the ministry will take a"prohibit"or"risk management approach to protect drinking water sources. If a SPP PI policy prohibits the activity, the ministry will refuse the ECA application. If a prohibit SPP PI policy is not triggered, the ministry will take a risk management approach and impose additional design and operational requirements to the proposed sewage works.Applicants must ensure that the additional design and operational requirements summarized in this Information Bulletin have been met when submitting an ECA application for sewage works that are a significant drinking water threat for it to be considered a complete ECA submission. It is the applicant's responsibility to know what SPP PI policies are applicable to the activities proposed in their ECA application. 2. Background The CWA ensures communities are able to protect their drinking water sources through the concept of prevention. This objective was achieved by developing collaborative, locally driven, watershed based drinking water SPPs. Source protection planning is a vital part of Ontario's drinking water safety net, a framework designed to protect drinking water from the source to the tap. Assessment reports and SPPs were prepared by Source Protection Committees in accordance to the CWA. Assessment Reports: These reports identify vulnerable areas around drinking water sources, assess threats to the quality and quantity of municipal drinking water sources and delineates where a drinking water threat activity would be a significant, moderate or low threat. Assessment reports are approved by the ministry's Director of Source Protection Programs Branch. Source Protection Plans: These plans contain a policy for every significant drinking water threat activity identified in the respective assessment report. Some plans include policies to address moderate or low drinking water threat activities. SPPs are approved by the Minister of the Ministry of the Environment and Climate Change. These documents reflect the thirty-eight(38)source protection areas and regions which are defined in Ontario Regulation 284/07 under the CWA. Each source protection area 2 Ministry of Environment and Climate Change re Source Protect... Page 144 of 357 aligns with an assessment report and SPP. When reviewing an assessment report or SPP for the purposes of preparing an ECA application, applicants must refer to the document specific to the source protection area that is relevant to the site location of the proposed sewage works. It is the applicant's responsibility to know what SPP PI policies apply to their activity. Additional information regarding the CWA and links to local assessment reports and SPPs are available online at Conservation Ontario's website The policies contained in SPPs use a broad range of tools to protect Ontario's municipal sources of drinking water. These tools include policies that affect decisions under the Planning Act, policies that mandate education and outreach, monitoring policies and "prescribed instruments". Under the CWA, a"prescribed instrument" is defined as any document of legal effect, including a permit, licence, approval (such as an ECA), authorization, direction or order issued or otherwise created under Ontario legislation.As one of the implementing bodies of SPP policies, the ministry is required to ensure that when ECAs are issued, the approvals "conform"to any applicable significant threat policies in a SPP for activities defined as a `significant'threat. The ministry is also required to"have regard to"the policies for activities defined as a `moderate' or'low' threat. Since January 1, 2015, the ministry has been screening ECA applications for sewage works and waste disposal sites to confirm if the activity proposed in a significant drinking water threat. This Information Bulletin summarizes how the ministry is implementing the significant, moderate and low threat policies in SPPs that affect ECAs for certain types of sewage works to protect drinking water sources under the CWA. Depending on the sewage works proposed in an ECA application, the ministry will: 1. process and review the proposal under current standards (CWA does not apply); or 2. impose additional design and operational measures (CWA applies and the ministry must take a risk management approach); or 3. refuse the ECA application (CWA applies and the ministry must take a prohibit approach) . This Information Bulletin was developed to provide applicants with guidance to assess if the CWA impacts their ECA application for sewage works. This document also specifies the additional ECA application requirements for applicants to submit a complete ECA submission, when necessary. The applicability of the CWA to an ECA application for sewage works is dependent on several factors: sub-threat activity of the sewage works (Table 2, Section 3) level of threat of the activity(Section 4) prohibit vs. risk management approach (Section 5) future vs. existing ECA(Section 6) 3 Ministry of Environment and Climate Change re Source Protect... Page 145 of 357 3. Impacts of Source Protection on Environmental Compliance Approvals for Sewage Works The CWA states that PIs may be used for the purposes of the Act to implement policies in a SPP to manage or eliminate threats to sources of drinking water. Under section 1.0.1(1)of Ontario Regulation 287/07, General Regulation, an ECA is defined as a PI because it governs activities under the Environmental Protection Act("EPA")and Ontario Water Resources Act("OWRA"). Section 1.1 (1)of Ontario Regulation 287/07 defines sewage works as one of the twenty-one (21) prescribed drinking water threat activities identified in assessment reports and SPPs. Sewage works are approved by the ministry through ECAs issued under Part 11.1 of the EPA as activities under section 53 of the OWRA. It is important to note that not all ECA applications for sewage works are applicable to the CWA. It is important to note that waste disposal site activities regulated by an ECA are also a prescribed threat activity under the CWA. Please refer to the Information Bulletin: Environmental Compliance Approvals for Waste Disposal Sites at Ontario.ca. Under the CWA, the ministry is required to"conform"to the SPP PI polices for "significant"drinking water threats (section 39(7)(a)of the CWA). The ministry must also "have regard to"the SPP PI polices for"moderate"or"low" drinking water threats (section 39(7)(b)of the CWA). The ministry reviewed the SPP PI policies and developed an approach to meet the legal requirements of the CWA which impacts ECA applications. There are several factors that applicants must consider to determine if an ECA application for sewage works is affected by the CWA. Depending on the SPP PI policy applicable to an ECA application, the ministry will take a risk management or prohibit approach to protect drinking water sources. As part of the ministry's risk management approach, if an ECA application for certain sewage works is a significant threat to drinking water, additional design and operational requirements must be applied to the proposal. As part of the ministry's prohibit approach, if an ECA application for certain sewage works is a significant threat to drinking water, the ministry will refuse the ECA application. The sewage works that may be impacted by SPP PI policies have been divided into ten (10)sub-threat activities (Table 1, below). 4 Ministry of Environment and Climate Change re Source Protect... Page 146 of 357 Table 1: Drinking Water Sub-Threats Activities for Sewage Works Threat Sub-threat Sewage Combined Sewers Stormwater Management Facility Industrial Effluent Discharge Sanitary Sewers and Related Pipes Septic Systems Holding Tanks Sewage Treatment Plant Discharge via By-pass Sewage Treatment Plant Effluent(including lagoons) Sewage Storage or Treatment Tank Storage Treatment and Discharge from Mine Tailings For the purpose of this Information Bulletin, activities for"sewage works"will only refer to the specific sub-threats listed in Table 1. If an applicant determines that the sewage works proposed in an ECA application is a significant drinking water threat(with no applicable prohibit policy), the additional design and operational measures that will apply to an ECA application is dependent on the sub-threat activity for sewage works (Section 7, Table 3, of the Information Bulletin). Table 2 below summarizes the impacts of the CWA on ECA applications for sewage works. Table 2—Summary of SPP PI Policy Impacts on ECA Applications for Sewage Works Significant Drinking Water Threat Low to Moderate Drinking Water Threat Prohibit Policy Manage Policy Prohibit Policy Manage Policy Future Ministry will not Additional ECA Not applicable Ministry will follow Instrument issue ECA for requirements to be current practice for sewage works applied to the review and issuance of proposed sewage ECAs for sewage works to protect works drinking water sources Existing Ministry will contact Ministry will contact Not applicable Not applicable Instrument ECA holders to ECA holders to discuss the discuss the next steps next steps if their approval requires an amendment The ministry will be implementing the risk management and prohibit approach for source protection on a provincial-basis to protect Ontario's drinking water sources when an ECA application for sewage works is a significant drinking water threat. In other words, the ministry will apply these measures to ECA applications for sewage works which have been deemed a significant threat, regardless if the local SPP has written a PI policy for that area or if the local SPP has been approved. Figure 1 below provides a general summary of how an applicant may asses if the sewage works they wish to engage in is a significant drinking water threat. 5 Ministry of Environment and Climate Change re Source Protect... Page 147 of 357 Figure 1: How to determine if CWA is applicable to an ECA proposal for sewage works. Is the ECA application for sewage works? Yes V r � r } Na Is the proposed activity(sub-threat)listed in Table 1? No additional ECA (Section 3 of the Information Bulletin) � J requirements to comply with CWA Yes r J Is the sewage works located in a wellhead protection No area,intake protection zone or Issue Contributing Area as per the applicable assessment report? (Section 4 of the Information Bulletin) 1 Yes • No Is vulnerability score 8 or above for the wellhead • protection area or intake protection zone? (Section 4 of the Information Bulletin) Provide rationale why the =Yes sewage works does not meet the circumstance of Does the sewage works meet the criteria(location and the Table of Drinking No circumstance)of the Table of Drinking Water Threats to Water Threats to be be considered a significant drinking water threat? considered a significant (Section 4 of the Information Bulletin) drinking water threat Yes Does a prohibit policy apply to the proposed Yes The ECA application significant drinking water threat activity as will be refused by the per the local Source Protection Plan? ministry in accordance Median 5 of the Information Bulletin) with the CWA No • Design and Operational ECA Requirements are applicable for the proposed sewage works significant drinking water threat activity to comply with the CWA— additional information is required in the ECA application_ (Section 7 of the Information Bulletin) 4. Level of Risk: Significant, Moderate or Low The level of risk of an activity is dependent on the location of the sewage works in relation to a drinking water well or intake and the nature (circumstance)of the activity. Section 4.5 of the ECA application form requires information regarding the facility's impact on sources of drinking water. If the proposed activity in the ECA application is for sewage works, applicants must identify in the ECA application form if the facility is located in one of the thirty-eight(38)source protection areas established under the CWA. 6 Ministry of Environment and Climate Change re Source Protect... Page 148 of 357 To determine if a facility is located within a source protection area, please refer to Ontario Regulation 284/07, Source Protection Areas and Regions, assessment report or online at Conservation Ontario's website. As per above, when reviewing an assessment report or SPP for the purposes of preparing an ECA application, applicants must refer to the assessment report or SPP specific to the source protection area that is relevant to the site location of the sewage works proposed in the ECA application. If the facility is not located within a source protection area, additional information regarding source protection is not required and your ECA application is not applicable to the CWA. However, if your facility is located within a source protection area, it may be also be located within a vulnerable area and applicants must identify in the ECA application form the vulnerable area where the facility will be located. There are four(4) vulnerable areas: wellhead protection area; intake protection zone; significant groundwater recharge area; and/or highly vulnerable aquifer. The assessment report will also define the"vulnerability score", on a range of 0.8 to 10, associated with a vulnerable area. The higher the vulnerability score, the more easily an activity could impact a drinking water well or surface water intake. In general, significant drinking water sources are located in wellhead protection areas and intake protection zones with a vulnerability score from 8 to 10. If the proposed activity for sewage works is located in a wellhead protection area or intake protection zone with a vulnerability score of 8 or above, it may be considered a significant drinking water threat and further analysis is required. A significant drinking water threat may also occur in an Issue Contributing Area regardless of the vulnerability score. An "issue" is a substance, such as phosphorus, present in the raw water that could deteriorate the quality of drinking water at the intake or well. Where an "issue"was identified within a vulnerable area, the source(s)of contamination within the vulnerable area that may contribute to the deterioration of the water quality were identified and delineated as an Issue Contributing Area. Issue Contributing Areas do not have an associated vulnerability score as all threats (i.e. sewage works)that may contribute to the issue within this area are significant drinking water threats. Although section 4.5 of the ECA application form does not include Issue Contributing Area as an option for a vulnerable area, this area is always located within a vulnerable area such as an intake protection zone or wellhead protection area. To determine if a facility is located within an Issue Contributing Area, please refer to the assessment report for that source protection area. 7 Ministry of Environment and Climate Change re Source Protect... Page 149 of 357 In addition to the location of the activity in relation to a drinking water well or intake, the level of risk associated with the proposed sewage works (significant, moderate or low) is also dependant on the circumstance (e.g. capacity of the facility, chemicals and/or pathogens present). The Table of Drinking Water Threats, 2009 links the information between the location of the facility(vulnerable area and vulnerability score)with the circumstance to determine if the sewage works is a significant, moderate or low drinking water threat. If the sewage works is located in a wellhead protection area or intake protection zone with a vulnerability score of 8-10 or an Issue Contributing Area (regardless of the vulnerability score) and does not meet the circumstances in the Table of Drinking Water Threats to be deemed a significant drinking water threat, the applicant must provide a rationale in the ECA application what circumstances (from the Table of Drinking Water Threats)are not applicable to the proposal. In other words, the applicant is required to explain why their proposal does not meet the criteria for a significant drinking water threat despite being located in a vulnerable area. Note, if the circumstance of the sewage works is not reflected in the Table of Drinking Water Threats, then it may not be considered a drinking water threat. The most updated version of this table can be accessed online at Ontario.ca. For activities which are a significant drinking water threat, additional design and operational requirements will apply to an ECA application for it to be considered a complete ECA submission (if no SPP PI prohibit policies apply). These measures are outlined in this Information Bulletin and it is the applicant's responsibility to incorporate these additional measures into the ECA proposal. For sewage works identified as moderate or low drinking water threats, the ministry has determined that our current requirements are sufficient to meet the SPP policies. Although the ministry has not specified the need for additional information to support ECA applications for sewage works which are moderate or low drinking water threats, the Risk Management Measures Catalogue ("RMMC") is a tool to determine which management measure(s)and management target(s) are suitable to effectively manage a specific threat to the quality or quantity of source water. This tool may be accessed online through the Conservation Authority's website. Applicants submitting an ECA proposal may use the RMMC to take local conditions into consideration to mitigate threats to source water regardless if the sewage works is a drinking water threat under the CWA. It is the responsibility of the applicant to know what SPP PI policies apply to the sewage works they wish to engage in and the requirements for a complete ECA submission. Applicants may seek assistance to determine if their ECA proposal is a significant threat to drinking water by contacting the local Drinking Water Source Protection Project Manager of the Source Protection Authority(Section 9 of the Information Bulletin). 8 Ministry of Environment and Climate Change re Source Protect... Page 150 of 357 As an implementing body of the SPP PI policies, the ministry is required to conform (under clause 39(7)(a)and s.43 of the CWA)to SPP PI policies for significant drinking water threat activities. The policies which are applicable to ECA applications for sewage works may take a"prohibition"or"risk management"approach to protect drinking water sources. 5. Prohibit vs. Risk-Manage Prescribed Instrument Policies The ministry is required to conform to applicable SPP PI policies that prohibit or take a risk management approach to sewage works regulated under an ECA that is a significant drinking water threat. Prohibit Policy: Where a significant threat policy in a SPP adopts a prohibition approach,the ministry will refuse the ECA application for the activity prohibited by the policy. Manage Policy: Where a significant threat policy adopts a risk management approach to address either an existing or new activity for sewage works that is a significant drinking water threat,the ministry will apply design and operational requirements on a provincial basis to the ECA application to protect drinking water sources. Applicants should confirm if a prohibit policy applies to their ECA proposal by referring to the SPP applicable to the source protection area their facility is located in.Applicants may seek assistance from the local Source Protection Drinking Water Project Manager at the Source Protection Authority(Section 9 of the Information Bulletin). If the proposed activity for sewage works is defined as a significant threat and does not trigger a prohibit policy in the local SPP, the activity is required to be managed through an ECA. Depending on the proposed activity for an ECA application, proponents must outline how the activity will be risk managed to protect drinking water sources as part of their submission for an ECA application. These additional requirements are outlined in Section 8 of this Information Bulletin. While SPP PI policies developed under the CWA set out new requirements to enhance the level of protection in vulnerable areas around drinking water intakes/wellheads, it is important to note that many threats to drinking water sources are already regulated through site specific approvals and the ministry will continue to apply existing standards and requirements to these approvals. 6. Existing vs. Future Prescribed Instruments The SPPs include policies that apply to"existing"and "future" ECAs and the definition of "existing"varies between SPPs. Applicants submitting an ECA application for an amendment(or Notice)to an existing approval, must refer to the SPP (appropriate to the site location of the sewage works they wish to engage in)to determine if the proposed significant drinking water activity is considered an existing or future activity. 9 Ministry of Environment and Climate Change re Source Protect... Page 151 of 357 As part of the ministry's provincial-approach, ECA applications submitted to the ministry prior to the ministry's January 1, 2015 implementation date are considered"existing" activities. Whether an ECA application is proposed for an "existing"or"future" activity may affect if a "prohibit" or"risk management"approach applies to the ECA application Existing Instruments: Existing ECAs for sewage works which are significant threats to drinking water may require an amendment to ensure the activity is not a risk to drinking water sources.The ministry is required to ensure that existing instruments conform with SPP PI policies within three (3)years of the effective date of the local SPP, or within the timeframe identified in the plan. The ministry will contact the ECA holders to discuss the next steps, if their ECA requires an amendment. Future Instruments: Future ECA applications for sewage works which are significant threats to drinking water, are required to complete the Source Protection Supplementary Application Form (Appendix A)and demonstrate how the design and operational requirements of this Information Bulletin have been met to protect drinking water sources. If a SPP PI prohibit policy applies to a future ECA proposal,the ministry will refuse the ECA application. 7. Design and Operational Environmental Compliance Approval Requirements for Significant Drinking Water Threats Sewage works regulated under the EPA must be carried out in accordance with the Act, applicable regulations, policies, and guidelines administered by the ministry. Depending on the project's site-specific characteristics, the signing Director may also require additional information from the applicant. As of January 1, 2015, the ministry is screening all ECA applications for sewage works to determine if the activity proposed is considered a significant threat to drinking water sources. As part of an ECA application for sewage works, the ministry's current existing policies and guidance documents specify requirements regarding the type of information that must be included in the ECA proposal. In addition to these requirements, the ministry will apply the risk management requirements, as per Table 3 below, to manage specific sub- threats of sewage works that are significant threats to drinking water on a provincial basis. Please note that under section 20.8 of the EPA, the ministry's signing Director may request additional supporting information relating to the activity in an ECA application. The requirements of the risk management approach follow a precautionary and pollution prevention approach and will be applied on a consistent province-wide basis to protect drinking water sources. Some of the design and operational requirements summarized below are currently implemented by the ministry on a site-specific basis depending on the type of sewage works (sub-threat activity) however, the ministry will now apply these 10 Ministry of Environment and Climate Change re Source Protect... Page 152 of 357 requirements consistently whenever the proposal is defined as a significant drinking water threat activity. The "General"section of Table 3, is applicable to all sub-threat activities in the table. As part of the risk-management requirements, an applicant seeking an ECA for sewage works that is a significant threat to drinking water sources is required to complete the Source Protection Supplementary Application Form(Appendix A)and demonstrate through a Source Protection Supplementary Report(Appendix B), how the threat activity is managed to ensure that the sewage works does not become a significant threat to drinking water or, if the activity is already taking place, the activity ceases to become a significant threat to drinking water. As part of the Source Protection Supplementary Report, applicants must outline how they have met the requirements of the risk management approach which have been summarized below in Table 3 of this Information Bulletin. Table 3: Risk Management Approach for ECA Applications for Sewage Works identified as a Significant Drinking Water Threat Sewage Sub-Threat Requirements for ECA Applications Activity General In order to prevent potential risks from becoming a significant drinking water (applicable to all threat,the ministry is implementing the following requirements for the sewage works establishment of sewage works where the works are a significant drinking water included within this threat. table) Design Requirements Design must include a Source Protection Supplementary Report that demonstrates that the proposed design recognized the significant drinking water threat and has implemented mitigation measures to protect drinking water sources. The report should identify drinking water sources, how the sewage works has met the requirements of the CWA and the ministry's design and operational requirements and how the works considered the Risk Management Measures Catalogue (e.g. monitoring, reporting requirements),as amended,to address the risks. Designs must be accompanied with a monitoring and reporting plan. Designs must be accompanied with a Spill Prevention and Contingency Plan,covering information requirements as per O.Reg.224/07 to prevent, eliminate or ameliorate any adverse drinking water effects that result or may result from spills of pollutants. This includes steps taken in the event drinking water sources are contaminated for example, notifying members of the public who may be directly affected by a spill. Operational Requirements The Spill Prevention and Contingency Plans must be kept up-to-date. 11 Ministry of Environment and Climate Change re Source Protect... Page 153 of 357 Sewage Sub-Threat Requirements for ECA Applications Activity Regular and annual reports to include maintenance, inspections, and monitoring details. All reports are required to be kept on-site(where the reports can be kept on-site)and at the operating authority's office. All reports are required to be made readily available upon request by ministry staff, Source Protection Authority or any other parties identified in Source Protection Plans. Stormwater Design Requirements management works Design must be based on providing Enhanced Level water quality control as per the ministry's Stormwater Management and Planning Manual,2003. Design must include an additional 20%water quantity control in addition to the requirements of the ministry's Stormwater Management and Planning Manual. Design must be accompanied with erosion and sediment control measures to cover all phases of construction. Operational Requirements The erosion and sediment control measures plan must be kept up-to-date with records of inspections and maintenance made available for inspection by the ministry. The monitoring and reporting plan must be kept up-to-date and on-site (where the reports can be kept on-site)and at the operating authority's office. Combined sewers New combined sewers are currently prohibited per the ministry's Design Guidelines for Sewage Works, 2008 and Procedure F-5-5.Treatment Requirements for Municipal and Private Combined and Partially Separated Sewer Systems are outlined in Procedure F-5-5. Combined sewer outflows are to be reported to the Spills Action Centre as per the obligations under Part X of the EPA. Design Requirements Same as"General"section. Operational Requirements Operational procedures established to include closed-circuit television (CCTV)inspections every 5 years with records made available for inspection by the ministry. 12 Ministry of Environment and Climate Change re Source Protect... Page 154 of 357 Sewage Sub-Threat Requirements for ECA Applications Activity Sanitary sewers and Design Requirements related pipes New and replacement sewers are to be constructed of materials and with joints that are equivalent to watermain standards of construction and are to be pressure tested in accordance with Division 441 (formerly 701)of the Ontario Provincial Standards Specification (OPSS). Operational Requirements Operational procedures established to include CCTV inspections every 5 years with records made available for inspection by the ministry. Sewage treatment Design Requirements plant discharge via Appropriate sizing to reduce bypasses-in adherence to the ministry's bypass Sewage Works Design Guideline(2008)and provisions of Procedure F-5-5 and F-5-1. Operational Requirements Response plan for unplanned bypasses. Sewage treatment Design and Operational Requirements plant— Same as"General"section. storage/holding tanks Sewage treatment Design Requirements plant effluent Appropriate sizing to reduce bypasses-in adherence to the ministry's (including lagoons) Sewage Works Design Guideline,2008 and provisions of Procedure F-5-5 and F-5-1. Design must include an inspection/maintenance frequency and strategy to prevent unplanned bypasses. Response plan for pre-mature effluent discharge(i.e. in the event of seasonal lagoons). Operational Requirements Same as"General"section. Industrial effluent Design Requirements discharge Designs must include an industrial sewage discharge flood protection and risk assessment report,considering the 1:200 year storm event,or an additional 0.5 metres freeboard elevation on any lagoon or wastewater containment area. Decommissioning plan for every component of the sewage system. 13 Ministry of Environment and Climate Change re Source Protect... Page 155 of 357 Sewage Sub-Threat Requirements for ECA Applications Activity Design must include a contingency plan for responding to effluent quality not complying with effluent criteria. Operational Requirements Same as"General"section. Industrial effluent Design Requirements discharge—mine Designs must include an industrial sewage discharge flood protection and tailings risk assessment report, considering the 1:200 year storm event,or an additional 0.5 metres freeboard elevation on any lagoon or wastewater containment area. Design must include a contingency plan for responding to effluent quality not complying with effluent criteria. Response plan for pre-mature effluent discharge(i.e. in the event of seasonal discharge from tailing ponds). Operational Requirements Same as"General"section. Onsite sewage In order to prevent potential groundwater and shallow groundwater systems contamination and risks from becoming a significant drinking water threat,the establishment of all new onsite sewage systems must adhere to the following criteria. Design Requirements Design must comply with site specific effluent requirements(objectives, limits,triggers, monitoring, reporting,contingencies, etc.)as established at early stage during pre-application consultation with ministry District/Regional Offices. Operational Requirements Maintenance inspections by a qualified person. Operational plan,which at a minimum shall include, but not limited to: o Pump out and inspection of sewage underground tanks(including septic, balancing tanks,etc.)of each sewage system identified as moderate and high risk in the Sewage System Assessment Report. o Hydraulic test to assess for any leakage at the time of the pump out. o Removal of any trees,where they or their roots, are growing in the leaching beds. 14 Ministry of Environment and Climate Change re Source Protect... Page 156 of 357 Sewage Sub-Threat Requirements for ECA Applications Activity o Preparing public information brochure for distribution(in cases of larger sites with more than one resident on site)regarding taking care of septic systems. o Prohibit the construction of any structures such as decks, patios, or sheds over the disposal fields, as well as there should be no parking or driving vehicles over the surface of disposal fields and over any other components of the onsite sewage system. Holding tanks The ministry will not issue approvals for new underground holding tanks as current design and operational measures are not sufficient to ensure the activity will never become a significant drinking water threat. The proponent may only consider installation of above-ground tanks in compliance with the current requirements for holding tanks(Ministry Guideline F-9 and Ontario Building Code-OBC), subject to a site-specific review. Design Requirements Same as"General"section. Operational Requirements Inspections of holding tanks every five(5)years for assessment of holding tanks structural integrity including a hydraulic septic test to assess for any possible leakage,and complete with a written assessment and recommendations. 8. Transfer of Review As part of an ECA application for sewage works processed under the Transfer of Review Program, the ministry's existing policies and guidance documents specify requirements regarding the type of information that must be included in the ECA proposal. Sewage works that are significant threats to drinking water are not eligible for processing under the Transfer of Review Program. Only ECA applications for sewage works that have low technical complexity, have a low potential for significant environmental or public health impacts and that are proposed to be located within certain designated municipalities are eligible to be processed under this program. An ECA application for sewage works that is a significant drinking water threat is excluded from the Transfer of Review Program and must be submitted directly to the ministry for review and processing. For additional information on the Transfer of Review Program, please refer the ministry's "Guide to Applying for an Environmental Compliance Approval". 15 Ministry of Environment and Climate Change re Source Protect... Page 157 of 357 9. Getting Assistance For information regarding assessment reports, SPPs, and to determine if your activity is a significant drinking water threat, please contact the local Drinking Water Source Protection Project Manager of the Source Protection Authority. The contact for each local Source Protection Authority may be accessed online at Conservation Ontario's website. For information regarding the requirements of an ECA application, applicants may contact: Ministry of the Environment and Climate Change Environmental Approvals Access and Service Integration Branch 135 St. Clair Avenue West Toronto ON M4V 1 P5 Telephone: 416-314-8001 Toll-free: 1-800-461-6290 Fax: 416-314-8452 Email: eaasibgen@ontario.ca '111111111111°\'‘ 16 Ministry of Environment and Climate Change re Source Protect... Page 158 of 357 Appendix A Supplementary Source Protection ECA Application Form for Sewage Works Significant Drinking Water Threats 1.1 The name of the Source Protection Plan area or region impacted by the proposed facility 2.1 Is the proposed activity located or planned to be located in a vulnerable area identified in a local Assessment Report or Source Protection Plan under the Clean Water Act,2006?o Yes o No 2.2 If yes,what is/are the vulnerable area(s)/zone(s)and the associated range of vulnerability score(s)? Vulnerable Area(s)/Zone(s): ❑Wellhead Protection Areas ❑ Highly Vulnerable Aquifers ❑ Surface Water Intake Protection Zones ❑ Issue Contributing Area Vulnerability Score(s): 0 <4.0 ❑6.Oto<8.0 09.0 04.0to<6.0 0 8.0 or 8.1 ❑ 10.0 3.1 If applicable, is the immediate receiver located in a vulnerable area identified in a local assessment report or source protection plan under the Clean Water Act,2006? o Yes o No 3.2 If yes,what is/are the vulnerable area(s)it falls in and the vulnerability score(s)at the discharge point. Vulnerable Area(s)/zone(s): ❑Wellhead Protection Areas ❑ Highly Vulnerable Aquifers ❑ Surface Water Intake Protection Zones ❑ Issue Contributing Area Vulnerability Score(s): 0 <4.0 ❑ 6.Oto<8.0 09.0 0 4.0 to<6.0 ❑8.0or8.1 ❑ 10.0 4.0 Is the proposed activity a significant drinking water threat as set out in a local Assessment Report or Source Protection Plan? o Yes o No 5.0 If the proposed sewage works is as a significant drinking water threat, has a Source Protection Supplementary Report been provided and prepared as per Appendix B of the ministry's Source Protection Information Bulletin: ECA Applications for Sewage? o Yes o No 17 Ministry of Environment and Climate Change re Source Protect... Page 159 of 357 Appendix B Requirements for Source Protection Supplementary Report for Sewage Works Significant Drinking Water Threats Applicants are required to demonstrate compliance with the CWA in their ECA proposal for sewage works which are a significant drinking water threat in a standalone supplementary report,titled the Source Protection Supplementary Report. The report should include the following information: 1. Complete Supplementary Source Protection ECA Application Form for Sewage Works Significant Drinking Water Threats(Appendix A) 2. Provide scaled site plan identifying the following: the proposed sewage works and property boundaries delineation of the vulnerable drinking water area(s)/zone(s)and associated vulnerability score(s)(This information can be found in the local Assessment Reports) the location of the drinking water system(s), specifically the municipal drinking water wellhead or intake immediate discharge points 3. Provide details outlining how the proposed sewage works meets the circumstance(s)of the Table of Drinking Water Threats, 2009,to be considered a significant drinking water threat (e.g. chemical and pathogen threats)including the reference number of the circumstance(s). 4. Complete Appendix B,Table 1 (Circumstances for Sub-threats)for only the sub-threats applicable to the ECA application. Complete Appendix B,Table 2 or Table 3 only if the ECA application proposes industrial sewage works. 5. Details outlining how the ministry's design and operational requirements(Table 3 of the Source Protection Information Bulletin: Environmental Compliance Approvals for Sewage Works)were applied to the proposed sewage works. 6. Details outlining how the threat is managed to ensure that the sewage works does not become a significant threat to drinking water or, if the activity is already taking place,the activity ceases to become a significant threat to drinking water.This includes any mitigations measures(e.g. Risk Management Measures Catalogue,other design and operational measures)to manage the risk to the drinking water source(s). 18 Ministry of Environment and Climate Change re Source Protect... Page 160 of 357 Appendix B:Table 1, Circumstances for Sub-threats Sewage Sub-Threat Circumstances Activity Stormwater 1.What is the drainage area(in ha)associated with the proposed activity? management works 2.What is the predominant land use in the area where the proposed activity? a)rural/agricultural/low density residential b)high density residential c)industrial/commercial Combined sewers No additional questions Sanitary sewers and No additional questions related pipes Sewage treatment 1. If the proposed activity has a bypass,what is the designed treated plant discharge via sanitary sewage discharge of the wastewater treatment facility(average bypass daily rate in cubic metres on an annual basis)? Sewage treatment 1. If the proposed activity has a holding/storage tank, is the storage tank plant—storage/holding below or above grade? tanks 2. If it is below grade,what is the designed treated sanitary sewage discharge of the wastewater treatment facility(in average daily rate in m3 on an annual basis)? Sewage treatment No additional questions plant effluent(including lagoons) Industrial effluent 1. Does the system convey sewage discharges from meat plant operations? discharge 2. For other effluent discharges, please fill out Appendix B:Table 2 to indicate which chemicals could be discharged by the proposed activity and which require reporting as part of a NPRI notice. Industrial effluent 1.Are the tailings from the mining operations stored in a pit or within an discharge—mine impoundment structure? tailings 2. Please fill out Appendix B:Table 3 to indicate which chemicals would be discharged by the proposed activity and which would require the proponent to report as part a NPRI notice. Onsite sewage No additional questions systems and on-site sewage holding tanks 19 Ministry of Environment and Climate Change re Source Protect... Page 161 of 357 Appendix B: Table 2, Chemicals/Pathogens-Industrial Effluent Discharge(other than mine tailings) Chemicals Presence in Reporting required proposed as part of NPRI activity(y/n) Notice? (y/n) Acrylonitrile Aluminum or one or more of its compounds containing Aluminum Arsenic or one or more of its compounds containing Arsenic Biphenyl-1,1' Bis(2-ethylhexyl)phthalate Boron Bromomethane BTEX Butoxyethanol-2 Butyl-n alcohol Butyl-tert alcohol Cadmium or one or more of its compounds containing Cadmium Carbon Tetrachloride Chloride Chloroform Chromium VI Cobalt or one or more of its compounds containing Cobalt Copper or one or more of its compounds containing Copper Cyanide(CN-) Dichlorobenzene-1,2(ortho) Dichlorobenzene-1,4(para) Dichloroethane-1,2 Ethylene Glycol Formaldehyde Hexachlorobenzene Hexachlorobutadiene Hexachloroethane Hydrazine or its salts Hydroquinone Iron Lead or one or more of its compounds containing Lead Manganese or one or more of its compounds containing Manganese Mercury or one or more of its compounds containing Mercury Methanol Methyl ethyl ketone Methylene chloride(Dichloromethane) Molybdenum 20 Ministry of Environment and Climate Change re Source Protect... Page 162 of 357 Naphthalene Nickel or one or more of its compounds containing Nickel Nitrogen Nitrosodimethylamine-N(NDMA) one or more Adsorbable Organic Halides(AOXs) one or more Polycyclic Aromatic Hydrocarbons(PAHs) Pentachlorobenzene Petroleum Hydrocarbons Fl(nC6-nC10) Petroleum Hydrocarbons F4(>nC34) Petroleum Hydrocarbons F2(>nC10-nC16) Petroleum Hydrocarbons F3(>nC16-nC34) Phenol(or its salts) Phosphorus(total) Selenium or one or more of its compounds containing Selenium Silver or one or more of its compounds containing Silver Sodium fluoride Styrene Sulphide(Hydrogen) Tetrachlorobenzene-1,2,4,5 Tetrachloroethylene(PCE) Trichlorobenzene-1,2,4 Trichloroethylene or another DNAPL that could degrade to Trichloroethylene Tritium Vanadium Vinyl chloride or another DNAPL that could degrade to vinyl chloride Zinc or one or more of its compounds containing Zinc Appendix B Table 3,Chemicals/Pathogens—Industrial effluent discharge from Mine Tailings Stored in an Impoundment Chemicals Presence in Reporting required as proposed activity part of NPRI Notice? (y/n) (y/n) Arsenic or one or more of its compounds containing Arsenic Cadmium or one or more of its compounds containing Cadmium Chromium VI Copper or one or more of its compounds containing Copper Cyanide(CN-) Lead or one or more of its compounds containing Lead Mercury or one or more of its compounds containing Mercury 21 Ministry of Environment and Climate Change re Source Protect... Page 163 of 357 Nickel or one or more of its compounds containing Nickel Nitrogen Phosphorus(total) Silver or one or more of its compounds containing Silver Sulphide(Hydrogen) Zinc or one or more of its compounds containing Zinc <1;c\ illI >IIIIIIIIIb 1% . .4 22 Ministry of Environment and Climate Change re Source Protect... Page 164 of 357 MUNICIPALITY OF BAYHAM MEMORANDUM DATE: JUNE 12,2015 TO: Council FROM:Lynda Millard,Clerk RE: Straffordville Columbarium Request NUMBER: C2015-01 Staff has had a request from a representative of the Straffordville Cemetery Board for consideration and support from Council to have a columbarium installed at the Straffordville Cemetery. Attachments: Proposed layout Columbarium sample picture. Memorandum regarding Straffordville Columbarium Request Page 165 of 357 24 Place Columbarium - 03 . ._ .....,...___q, ,., .., .... ..,._ ._ ,.„.. .,. _. ,,,,,..___ Wei. 'N'A.1.-., it f ''''' '''.V.'1'1- "': :144. ''1;i7,.11h7.-etql4i,Lri -, ....- '.t....4: , ' '4t•t.-- - ..' ^ - - ., ! ;., ..''.1., fN,N,,,.-."- ' :, . d. : -, . 7!''.41',........ ;i:ilill'":."!4-,1i-'-::::.'71,'-' .i".;,- -r . t!' '.- N:-. -. ' '.,• -.. ..:.•:• ) 7..k."-L, -,-.• --T-47. '_h.,: ..-1.7...:-:.=- I.'• - '• 1t , ' - t , *I. .,1.=-`,.1:* -.,.:7,:.'.. ."1'-:,,,:`, PV':;; _,..',-,". 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Pr.-el..: !III P• . li''111, Ill .il Ii..ii. " 1;Th iii . , .• 1..... 'L. Li.: :...- ,,,,,.I.d. H. , ''...H I,d'1,_! •1...-i 1",iv..11 ii:a hi.-iirp 1.1OleLI.1iillt ,, ''.' I i.,L,n1 ..i..1 d....c. 1 1/1".A1,11(11 gr;iiivv ite . . _ iiiii:.,!•,...:...i i . A,F 16,1z1•1..11 .1:"".:t:1sc.q1 r.,r,VIIIf14:-.r r.t,..titi,'T lira-. ELI,igljLy.rir.1[7 !, ,, 11111:d mink;l ivy.'1....tht,.r.,-,,I.Hr3n1:1;i a-r-diptlor qii.Oity , Nelson Granite Afrilpai.Itwri'_,..4.1N:(:'olurrniNirrimr, Memorandum regarding Straffordville Columbarium Request Page 166 of 357 a (4:43:- w. C;;LI ;, i.\.f* a S t W L' 14 -cro ,,,..,_....,...ie . iti La cc r' fOP 4Z me-qq, CB\ Memorandum regarding Straffordville Columbarium Request Page 167 of 357 IrpNYILIdlf �' REPORT o . CAO Pp °i'tunity I � TO: Mayor& Members of Council FROM: Paul Shipway, CAO DATE: June 18, 2015 REPORT: CAO-35/15 SUBJECT: ENCROACHMENT BY-LAW BACKGROUND Staff have been approached with a number of encroachment related issues. An Encroachment By-law would address concerns regarding objects including fences, structures, shrubs, plantings, posts, landscaping stones and other items placed on public lands. Due to historical building and registration practices in Bayham, a number of encroachments exist. It is prudent for the Municipality to formally recognize and define a process for the safe use and future removal of the same. DISCUSSION An encroachment is any type of vegetation, man-made object or item of personal property which exists wholly upon, or extends from a person's premises onto, public lands and includes any aerial, surface or subsurface encroachments. Municipal Law Enforcement staff and Public Works and Operations staff have dealt with encroachment issues pertaining to grading, landscaping stones, gardens, clearing of bushes and trees, basketball nets, fences, road barriers, paved laneways and other stored items over the course of the past few years. The proposed Encroachment By-law, attached hereto as Appendix 'A', would allow the Municipality to consider to permit or not permit encroachments on public lands dependent upon the Applicant (Owner) being able to prove that the need for the encroachment is reasonable, feasible and no alternative option exists. In addition, the proposed Encroachment By-law allows the Municipality to provide that encroachments must not jeopardize the health or safety of the public, must be in the public's best interest and must be minor in nature. In the event that an encroachment exists but is unsafe, unauthorized or without a formal agreement, the proposed Encroachment By-law allows Municipal Law Enforcement Officers to determine the most appropriate action, as set out in the By-law, to rectify the situation. Municipal Act The Municipality is authorized to enter into Encroachment Agreements pursuant to Sections 8, 9 and 10 of the Municipal Act, 2001, as amended which further authorizes the Municipality, amongst other things,to delegate its authority to the Planning Coordinator/Deputy Clerk to enter into Encroachment Agreements. Report CAO-35/15 by Paul Shipway,CAO re Encroachment By-Law Page 168 of 357 Process Overview An Owner(Applicant) may make application to the Planning Coordinator/Deputy Clerk to request an Encroachment Agreement.The Applicant is required to pay the non-refundable applicable fees when submitting the Encroachment Agreement application. Upon receipt of a completed application, the Planning Coordinator/Deputy Clerk will assess the application together with the comments received from the appropriate Departments and agencies, when required, to determine whether the requested encroachment should be approved. If approval is granted by the Planning Coordinator/Deputy Clerk, the Owner will sign the Encroachment Agreement and the Mayor and Clerk will execute the Encroachment Agreement on behalf of the Municipality. The Planning Coordinator/Deputy Clerk may also determine if the Encroachment Agreement is required to be registered on title to the Owner's property and will not be discharged from title until the encroachment is removed, no longer exists or has been brought to an end, as determined by the Planning Coordinator/Deputy Clerk, regardless of any change in ownership. RECOMMENDATION 1. THAT Report CAO-35/15 re Encroachment By-law be received for information; 2. AND THAT the Council direct staff to bring forward the proposed Encroachment By-law for consideration. Respectfully Submitted by: Paul Shipway CAO Report CAO-35/15 by Paul Shipway,CAO re Encroachment By-Law Page 169 of 357 BY-LAW NUMBER 2015-XXX OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO REGULATE ENCROACHMENTS ON PUBLIC LANDS WHEREAS the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that a municipality may pass by-laws within the following spheres of jurisdiction: Highways, including parking and traffic on highways at Section 11(3) 1; Culture, parks, recreation and heritage at Section 11(3)5 and Structures, including fences and signs at Section 11(3)7; AND WHEREAS Section 8 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act, 2001 S.O. 2001, c.25, as amended; AND WHEREAS Section 9(1)of the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that Section 8 and Section 11 shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate and enhance their ability to respond to municipal issues; AND WHEREAS Section 391(c)of the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that a municipality may pass by-laws imposing fees or charges on any class of persons for the use of its property including property under its control; AND WHEREAS Section 446(1)of the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that a municipality may proceed to do things at a person's expense which that person is otherwise required to do under a By-law or otherwise but has failed to do; AND WHEREAS Section 446(3)of the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that the costs incurred by a municipality in doing a thing or matter under Section 446(1) may be recovered by adding the costs to the tax roll and collecting them in the same manner as taxes; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS A BY-LAW AS FOLLOWS: SHORT TITLE This By-law shall be known and may be cited as the "Encroachment By-law". Section 1-Definitions For the purpose of this By-law: 1.1 "Applicant"shall include an owner seeking an Encroachment Agreement, or renewal of an Encroachment Agreement. 1.2 "Clerk"shall mean the Clerk of the Corporation of the Municipality of Bayham. 1.3 "Council"shall mean the Council of the Corporation of the Municipality of Bayham. 1.4 "Easement"shall mean an interest in land owned by another person, consisting in the Report CAO-35/15 by Paul Shipway,CAO re Encroachment By-Law Page 170 of 357 right to use or control the land, or an area above or below it,for a specific limited purpose, but does not include an interest created by a licence agreement. 1.5 "Encroachment"shall mean any type of vegetation, man-made object or item of personal property of a person which exists wholly upon, or extends from a person's premises onto, public lands and shall include any aerial, surface or subsurface encroachments: (a) "aerial encroachment"shall mean an encroachment that is located at least thirty (30)centimeters above the surface of public lands; (b) "surface encroachment"shall mean an encroachment that is located anywhere between the following: the surface of public lands to a height less than thirty(30) centimetres and beneath the surface of public lands to a depth of not more than three (3)centimetres; (c) "sub-surface encroachment"shall mean an encroachment that is located beneath the surface of public lands to a depth exceeding three (3)centimetres. 1.6 "Encroachment Agreement"shall mean an agreement prepared by the Municipality for execution by the Municipality and an owner granted authorization to erect, place or maintain an encroachment. 1.7 "Expense"shall mean any and all sums of money actually spent or required to be spent by the Municipality, and shall include but not be limited to all charges, costs, a twenty five percent(25%)administrative fee, taxes, outlays, legal fees and losses. 1.8 "Highway"shall mean a highway within the meaning of The Municipal Act, 2001 S.O. 2001, c.25, as amended. 1.9 "Municipality"shall mean the Corporation of the Municipality of Bayham. 1.10 "Officer"shall mean a Municipal Law Enforcement Officer appointed by Municipality of Bayham By-law, a Police Officer. 1.11 "Owner"shall mean the registered owner of a parcel of property as such person is described in the most current assessment roll. 1.12 "Person"shall include an individual, a sole proprietorship, a partnership, an unincorporated association, a trust, a body corporate or a natural person. 1.13 "Personal Property" means any object or item of property other than real property. 1.14 "Planning Coordinator/Deputy Clerk"shall mean the Planning Coordinator/Deputy Clerk of the Corporation of the Municipality of Bayham. 1.15 "Premises" means a parcel of real property under registered ownership and includes all buildings and structures thereon. 1.16 "Public Lands" means lands owned by, leased, licensed to or under the management of the Municipality, and shall include but not be limited to any public highway, road, street, avenue, parkway, lane, alley, square, place, viaduct or trestle, water,thoroughfare, way or bridge, park, woodland, greenbelt, storm water management facility, open space, cemetery, and all parts thereof, including any surface, grassed area, boulevard, ditch, curb, gutter and sidewalk. 2 Report CAO-35/15 by Paul Shipway,CAO re Encroachment By-Law Page 171 of 357 1.17 "Right-of-Way"shall mean a person's legal right, established by usage, deed or by contract, to pass through grounds or private property which affords access to abutting lots and does not include a highway. 1.18 "Sign"shall mean any structure or device, intended for identification or advertisement, visible to the general public. 1.19 "Unauthorized Encroachment"shall mean any encroachment not authorized by this By- law. Section 2-General Prohibitions 2.1 No person shall erect, place or maintain, or cause to be erected, placed or maintained, an encroachment of any kind on public lands, or on any right-of-way or easement in favour of the Municipality, except where permitted to do so in accordance with this By- law. 2.2 Notwithstanding Section 2.1 of this By-law, the provisions of this By-law do not apply to the following classes of encroachments: (a) Signs and Advertising Devices, as authorized by the Municipal Sign By-law; (b) Encroachments permitted as a result of a written and signed agreement with the Municipality, other than an Encroachment Agreement; Section 3-Request for Encroachment ENCROACHMENT AGREEMENT APPLICATION FEES 3.1 All Encroachment Agreement application fees are for administrative purposes and are, therefore, non-refundable if the application is refused for any reason or is withdrawn by the Applicant prior to the issuance of an Encroachment Agreement. 3.2 The Encroachment Agreement application fee shall be as set out in Schedule 'A'to this By-law, and shall be reflected in the Municipal Fees By-law. ENCROACHMENT AGREEMENT APPLICATION-FULL INFORMATION REQUIRED 3.3 Every Applicant shall provide in full a complete application, at the time the application is submitted or the Planning Coordinator/Deputy Clerk shall not accept the application. 3.4 Every Applicant shall provide in full a complete application, at the time the application is submitted, all of the information required on the application and shall provide: (a) payment of the prescribed Encroachment Agreement Application fee set out in Schedule 'A'of this By-law; (b) any other document or information as may be required in any other Section of this By-law; (c) any other affidavit, document or information as may be requested by the Planning Coordinator/Deputy Clerk at any time during the term of the Encroachment Agreement. (d) proof that the need for the encroachment is reasonable, feasible and no alternative option exists. In addition the encroachment must not jeopardize the 3 Report CAO-35/15 by Paul Shipway,CAO re Encroachment By-Law Page 172 of 357 health or safety of the public and must be in the public's best interest and must be minor in nature. ENCROACHMENT AGREEMENT APPLICATION-SUBJECT TO APPROVAL 3.5 Every Encroachment Agreement application will be subject to investigations by and comments or recommendations from such municipal or provincial departments or agencies as the Planning Coordinator/Deputy Clerk deems necessary, or as directed by Council, including but not limited to: (a) Ontario Provincial Police, (b) Health Department, (c) Fire Department, INCOMPLETE APPLICATION 3.6 Any Encroachment Agreement application that does not comply with the provisions of Section 3.4 of this By-law, shall be deemed incomplete and shall be returned by registered mail to the applicant pursuant to Section 3.10 of this By-law. 3.7 Any Encroachment Agreement application that has not received approvals from all municipal or provincial departments or agencies as the Planning Coordinator/Deputy Clerk deems necessary within ninety(90)days from the date of the filing of the application, due to the Applicant's inability to comply with the requirements, shall be deemed to be incomplete. INFORMATION HELD IS OPEN TO INSPECTION 3.8 Any application, comment, recommendation, information, document or thing in the possession of the Planning Coordinator/Deputy Clerk pursuant to the provisions of this By-law shall be made available by the Planning Coordinator/Deputy Clerk for an inspection: (a) by any Officer employed in the administration or enforcement of this By-law; and (b) by any other person upon the consent, satisfactory to the Planning Coordinator/Deputy Clerk, of the person, civic department, board, commission, authority or other agency which produced or submitted the application, comment, recommendation, information, document or thing; subject only to the limitations imposed by the Municipal Freedom of Information and Protection of Privacy Act. R.S.O. 1990, CHAPTER M.56, as amended. Notice 3.9 Every Encroachment Agreement owner shall notify the Planning Coordinator/Deputy Clerk in writing within ten (10)days of any change in his mailing address and shall be sent to: Municipality of Bayham Planning Coordinator/Deputy Clerk P.O. Box 160 9344 Plank Rd. Straffordville, ON NOJ 1Y0 4 Report CAO-35/15 by Paul Shipway,CAO re Encroachment By-Law Page 173 of 357 3.10 Any notice or request made pursuant to this By-law may be given in writing by registered mail and is effective: (a) on the date on which a copy is hand delivered to the person to whom it is addressed; (b) on the fifth (5t")day after a copy is sent by registered mail to the person's last known address. 3.11 For the purpose of Section 3.10 of this By-law, the Encroachment Agreement owner's last known address shall be deemed to include that provided pursuant to Section 3.4 of this By-law as they may be changed pursuant to Section 3.9 of this By-law. CONTRAVENTION OF OTHER LAWS PROHIBITED 3.12 The issuance or renewal of an Encroachment Agreement under this By-law is not intended and shall not be construed as permission or consent by the Municipality for the Encroachment Agreement owner to contravene or to fail to observe or comply with any law of Canada or Ontario or any other By-law of the Municipality or the County of Elgin. 3.13 Where a request to erect, install or maintain an encroachment has been approved, the Clerk shall prepare an Encroachment Agreement, and once the Applicant has been notified in writing that the Encroachment Agreement is ready for execution, the Applicant shall have thirty(30)calendar days to execute same. Section 4-Registration of Agreement 4.1 Where the Planning Coordinator/Deputy Clerk deems it appropriate, an Encroachment Agreement may be registered against title to the Encroachment Applicant's property in the Land Registry Office and all expenses in doing so shall be paid for in advance by the Applicant. Section 5-Authority of the Planning Coordinator/Deputy Clerk 5.1 The Planning Coordinator/Deputy Clerk shall have delegated authority to: (a) approve or reject any application submitted for an Encroachment Agreement; and (b) impose such terms and conditions to any request and/or Encroachment Agreement as the Planning Coordinator/Deputy Clerk may deem appropriate; and (c) determine whether any Encroachment Agreement expiring on a date after the date of enactment and passage of this By-law shall be renewed and/or extended. Section 6-Revocation 6.1 The execution of an Encroachment Agreement in respect of an encroachment does not create any vested right in the owner or occupant of the premises to which the encroachment is appurtenant, or in any other person, and the Encroachment Agreement may be revoked in accordance with the terms set out therein. Section 7-Access to Encroachments 7.1 No person shall obstruct, hinder or interfere with the free access to any encroachment by 5 Report CAO-35/15 by Paul Shipway,CAO re Encroachment By-Law Page 174 of 357 an employee, officer or agent of the Municipality. Section 8-Discontinuance of Encroachments 8.1 The Planning Coordinator/Deputy Clerk may revoke an Encroachment Agreement: (a) If the owner of any premises to which an encroachment is appurtenant desires to permanently discontinue the encroachment. The owner shall notify the Planning Coordinator/Deputy Clerk in writing and the Planning Coordinator/Deputy Clerk shall thereafter cause a notice to be sent to the owner by an Officer advising that the encroachment shall be removed or filled in and closed up, and the public lands shall be restored to their former condition by the owner at his own expense; (b) If the Planning Coordinator/Deputy Clerk is at any time of the opinion that a breach of the terms and conditions attached to an Encroachment Agreement has occurred and that the encroachment should be discontinued, or where an Encroachment Agreement has expired, the Planning Coordinator/Deputy Clerk shall cause a notice to be sent to the owner advising that the encroachment be removed or filled in and closed up, and the public lands be restored to their former condition by the owner at his own expense; 8.2 Where an owner fails to comply with the notice described in Section 8.1 of this By-law, within a minimum of ninety-six(96) hours of receipt of same,the encroachment may be removed or filled in and closed up by an Officer, and the public lands restored to their former condition at the expense of the owner, such expense to be recovered in full in the manner provided in Section 11 of this By-law, and until the encroachment is so removed or filled in and closed up and the public lands restored to their former condition, all expenses incurred by the Municipality in respect thereto shall continue to be paid by the owner. 8.3 Every Person served with a Notice under Section 8.1 of this by-law shall comply with such Notice within the time provided by such Notice. Section 9-Emergency Situations 9.1 If an Officer deems that an emergency exists or may exist as a result of any encroachment being or about to become a source of danger to the health and safety of the public,the Officer may: (a) notify in writing the owner of the premises to which the encroachment is appurtenant, requiring the repair, removal,filling in or closing up of the encroachment and restoration of the public lands to their former condition at the expense of the owner, so that the encroachment is no longer deemed to be a source of danger or potential danger to the public by the Officer, and/or (b) take such measures on behalf of the owner,without notice to the owner, as the Officer may deem necessary to remove the danger or potential danger created by the encroachment. 9.2 Where the notice in Section 9.1(a)of this By-law is not complied with within ninety-six (96) hours of the date of the notice, an Officer may, on behalf of the owner shall, remove, fill in or close up the unauthorized encroachment and restore the public lands to their former condition at the expense of the owner, such expense to be recovered in full in the manner provided in Section 11 of this By-law. 6 Report CAO-35/15 by Paul Shipway,CAO re Encroachment By-Law Page 175 of 357 9.3 Where the Officer elects to take any action under Section 9.1(b)of this By-law, the expenses incurred by the Municipality in so doing shall be recovered in full in the manner provided in Section 11 of this By-law. Section 10-Removal of Unauthorized Encroachments 10.1 Where the Municipality becomes aware of an unauthorized encroachment, an Officer shall give notice in writing to the owner of the premises to which an unauthorized encroachment is appurtenant, to forthwith remove,fill in or close up the encroachment and to restore the public lands to their former condition at the expense of the owner. 10.2 Where the notice in Section 10.1 of this By-law is not complied with within ninety-six(96) hours of the date of the notice, an Officer shall, on behalf of the owner, remove, fill in or close up the unauthorized encroachment and restore the public lands to their former condition at the expense of the owner, such expense to be recovered in full in the manner provided in Section 11 of this By-law. 10.3 Any materials or structures forming part of or attached to the encroachment and removed by an Officer shall, at the discretion of the Officer, either be deposited at the owner's premises or be stored for a minimum of ninety-six(96) hours at the owner's expense, such expense to be recovered in full in the manner provided in Section 11 of this By-law. Any item so stored and not claimed by the owner within said minimum ninety-six(96) hour period shall be disposed of by the Municipality in such manner as it deems appropriate. 10.4 Every Person served with a Notice under Section 10.1 of this by-law shall comply with such Notice within the time provided by such Notice. Section 11-Recovery of Expenses 11.1 All expenses incurred by the Municipality in connection with the enforcement of this By- law shall be paid within thirty(30)days of their billing date, and in the event of failure to pay the entire amount due within said thirty(30)days, at the discretion of the Municipality, the outstanding balance of the invoice may thereafter be added to the tax roll as of the year in which the expenses were billed. 11.2 The Municipality may also recover all expenses owing under this By-law by a court action as a debt due to the Municipality. Section 12-Infractions and Penalties 12.1 Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence, exclusive of costs, as provided for in the Provincial Offences Act, R.S.O. 1990, c.P.33, as may be amended from time to time. Section 13-Prohibition Order 13.1 When a person has been convicted of an offence under this By-law, (a) the Superior Court of Justice, or 7 Report CAO-35/15 by Paul Shipway,CAO re Encroachment By-Law Page 176 of 357 (b) any other court of competent jurisdiction, may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence. Section 14-Administration ADMINISTRATION OF BY-LAW 14.1 Unless otherwise indicated,the administration of this By-law is assigned by Council to the Planning Coordinator/Deputy Clerk who may delegate the performance of his functions under this By-law from time to time as occasion requires. 14.2 In this By-law, unless the contrary intention is indicated, words used in the singular shall include the plural and words used in the male gender shall include the female gender or vice versa,where applicable. Section 15- Enforcement ENFORCEMENT OF BY-LAW 15.1 An Officer shall be responsible for the enforcement of this By-law. 15.2 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer or the Clerk while exercising any power or performing any duty under this By-law. 15.3 If there is a conflict between a provision in this By-law and a provision of any other Municipal By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. Section 16-Exceptions and Grandfatherinq 16.1 Notwithstanding Section 2.1 of this By-law, any encroachment authorized under an Encroachment Agreement determined by the Clerk to be valid and binding at the date of enactment of this By-law, shall not require further authorization pursuant to this By-law until the Encroachment Agreement has expired or is terminated. 16.2 Subject to Section 16.1 of this By-law, this By-law shall apply to all encroachments which existed or were created before this By-law was enacted and passed. Section 17—Severability 17.1 In the event any section or provision of this By-law is held invalid, the remainder of the By-law shall continue in force. 17.2 This By-law shall come into full force and effect on the date of its passing by Council. READ a FIRST, SECOND and THIRD TIME and finally passed this XX"'day of June,2015. 8 Report CAO-35/15 by Paul Shipway,CAO re Encroachment By-Law Page 177 of 357 PAUL ENS MAYOR LYNDA MILLARD CLERK 9 Report CAO-35/15 by Paul Shipway,CAO re Encroachment By-Law Page 178 of 357 SCHEDULE 'A' ENCROACHMENT BY-LAW BY-LAW 2015-XXX ITEM FEE Encroachment Agreement Application $300.00 (Non-Refundable) 10 Report CAO-35/15 by Paul Shipway,CAO re Encroachment By-Law Page 179 of 357 $AY APP1.4.1.°"C. k'® REPORT - CAO Pp0Z'tunity Is' TO: Mayor& Members of Council FROM: Paul Shipway, CAO DATE: June 18, 2015 REPORT: CAO-36/15 SUBJECT: PROHIBITED ANIMAL BY-LAW BACKGROUND On November 4, 1999, under the authority of the Municipal Act, R.S.O. 1990, Chapter M. 45, the Council of the Municipality of Bayham passed By-law No. 1999-082, being a by-law to prohibit the keeping of certain animals. By-law No. 1999-082, creates a single offence, a fine under Part 1 of the Provincial Offences Act, R.S.0 1990 Chapter P. 33, for possessing a prohibited animal in the Municipality of Bayham. DISCUSSION By-law No. 1999-082, attached hereto as Appendix 'A', does not possess the provisions to adequately deal with investigating, seizing, releasing and where necessary, euthanizing prohibited animals. The purpose of a prohibited animal by-law is to prohibit or regulate certain animals within the Municipality. This purpose is for the health, safety and well-being of persons and animals. The proposed Prohibited Animal By-law, attached hereto as Appendix`B', would repeal By-law No. 1999-082 and draws on the best practices of other Ontario municipalities. Additionally, the proposed Prohibited Animal By-law incorporates professional opinions delivered by the Ontario Society for the Prevention of Cruelty to Animals (OSPCA), Ministry of Agriculture, Ministry of Natural Resources and zoological experts. The proposed Prohibited Animal By-law provides the Municipality, specifically Animal Control, with the tools necessary to deal with the vast array and constantly changing list of animals faced with in an effort to protect the health safety and well-being of residents and animals alike. RECOMMENDATION 1. THAT Report CAO-35/15 re Prohibited Animal By-law be received for information; 2. AND THAT the Council direct staff to bring forward the proposed Prohibited Animal By-law for consideration. Respectfully Submitted by: Paul Shipway CAO Report CAO-36/15 by Paul Shipway,CAO re Prohibited Animal B... Page 180 of 357 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 99-82 BEING A BY-LAW TO PROHIBIT AND REGULATE THE KEEPING OF EXOTIC ANIMALS IN THE MUNICIPALITY OF BAYHAM WHEREAS Paragraph 1 of Section 210 of the Municipal Act. R.S.O., 1990, Chapter M.45,as amended provides that by-laws may be passed by councils of local municipalities for prohibiting or regulating the keeping of animals or any class thereof; AND WHEREAS the Council of the Corporation of the Municipality of Bayham at its regular meeting held on October 15, 1998 gave first and second reading to By-law No. 98-90 to prohibit and regulate the keeping of exotic animals; AND WHEREAS Council now deems it necessary to rescind By-law No. 98-90 and enact and pass a new By-law for this purpose. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. DEFINITIONS l.a "Exotic Animal"shall mean a wild or non domesticated animal whether or not kept in captivity and includes but is not limited to: bear,wolf,lion,bobcat,cougar,tiger,lynx, ocelot,wildcat,puma,crocodile,alligator,venomous snake,constricting snake, venomous lizard,venomous spider. 1.b The term"Exotic Animal"does not include cat,dog, deer,elk,bison,rodent,horse,cow, mule,donkey,pony, sheep,goat,swine, chicken,goose,turkey,duck,emu,ostrich,lama, homing pigeon,powder pigeon,tumbler pigeon,turtle, chinchilla,non venomous snake,non venomous lizard,non venomous spider,cardinal,finch,budgie,bulbul, canary,tanager,amazon,cockatoo,conure,macaw,parakeet,cockatiel,loorikeet, touraco,toucan,oriel,mynah,magpie,barbet,arcaris,pied hornbell and cock-of-the- rock; 1.c `Keep"shall mean own,possess or harbour; 1.d "Animal Control Officer" shall mean a person appointed by the Council whose duties include the administration and enforcement of the Exotic Animal By-law. 2. PROHIBITED REGULATIONS No person shall within the Municipality of Bayham keep an exotic animal. 3. ENFORCEMENT An Animal Control Officer shall enforce this By-law. Report CAO-36/15 by Paul Shipway,CAO re Prohibited Animal B... Page 181 of 357 By-law No. 99-82 Page 2 4. FINE 1. Any person who contravenes any provision of this By-law is guilty of an offence and upon conviction liable to pay any penalty provided by the Provincial Offences Act. 2. The Court in which a conviction has been entered and any court of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the person convicted and such order shall be in addition to any other penalty imposed on the person convicted. 5. THAT this By-law shall be in full force and effect upon the date of its enactment. 6. THAT By-law No. 98-90,having been given first and second reading only by the Council of the Corporation of the Municipality of Bayham is hereby rescinded. Read a first, second and third time and finally passed this 4'a day of November, 1999. MAYOR-idg/V-6/-1 , � CLERK Report CAO-36/15 by Paul Shipway,CAO re Prohibited Animal B... Page 182 of 357 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NUMBER 2015-XXX BEING A BY-LAW TO PROHIBIT OR OTHERWISE REGULATE THE KEEPING OF CERTAIN ANIMALS WITHIN THE MUNICIPALITY OF BAYHAM NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS A BY-LAW AS FOLLOWS: SHORT TITLE This By-law may be cited as the Prohibited Animal By-law Section 1 - Definitions 1.1 For the purpose of this By-law: a) "Animal"shall mean any member of the animal kingdom excluding humans, dogs and cats, and without limiting the generality of the foregoing shall include livestock, birds and reptiles; b) "Animal Control" shall mean the Municipal Law Enforcement Officer or Council appointed personnel responsible for Animal Control within the Municipality of Bayham; c) "Assisting Agency"shall mean a person, business, sanctuary, organization or agency acting under the direction of an Officer directly contributing tactical expertise or service resources to an Officer; d) "Clerk"shall mean Clerk of the Corporation of the Municipality of Bayham e) "Council"shall mean Council of the Corporation of the Municipality of Bayham; f) "Domestic Animal" shall mean an animal that has been tamed and kept by humans and has through selective breeding, become notably different from its wild ancestors, and includes an animal derived from self-sustaining captive populations; g) "Dwelling Unit"shall mean one or more habitable rooms occupied or capable of being occupied as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the use of such occupants, with a private entrance from outside the building or from a common hallway or stairway inside the building. h) "Enclosure"shall mean a pen or other enclosure that prevents animals from leaving the property and prevents contact between those animals, and people and other animals, but shall not include an electronic containment system; i) "Lot Line" shall mean any boundary of a lot or the vertical projection thereof; j) "Livestock" shall mean farm animals kept for use, for propagation, or intended for profit and includes dairy and beef cattle, horses, swine, sheep, laying hens, chicken and turkey broilers, turkeys, goats, geese, ducks, mink and rabbit but Report CAO-36/15 by Paul Shipway,CAO re Prohibited Animal B... Page 183 of 357 excluding animals such as pets raised or housed for recreational or hobby purposes. k) "Municipality" shall mean the Corporation of the Municipality of Bayham. I) "Officer" shall mean an Animal Control Officer, a Municipal Law Enforcement Officer, a person authorized by Council with the responsibility for enforcing and administering this by-law and appointed by Municipality of Bayham By-law, or a Police Officer; m) "Owner" shall mean a person or their authorized agent who keeps, owns or harbours one or more animals within the Municipality, and where the Owner of the animal is a minor, the person responsible for the custody of the minor; n) "OSPCA" shall mean the Ontario Society for the Prevention of Cruelty to Animals; o) "Person"shall include an individual, a sole proprietorship, a partnership, an unincorporated association, a trust, a body corporate and a natural person; p) "Pet Shop" shall mean the carrying on at a premises of any nature (including a private dwelling)of a business of selling animals as pets, and as including references to the keeping of animals in any such premises as aforesaid with a view to their being sold in the course of such a business, whether by the keeper thereof or by any other person. q) "Pigeon"shall mean any of the various birds of the widely distributed family Columbidae, characteristically having plump bodies, small heads, and short legs, especially the rock dove or any of its domesticated varieties; r) "Premises" shall mean a parcel of real property under registered ownership and includes all buildings and structures thereon; s) "Prohibited Animal"shall mean an animal set out in Schedule"A" of this By-law, and shall include livestock and wildlife; t) "Prohibited Animal Education Event"shall mean any exhibit, public show, circus, carnival, petting zoo or other display or act of education or entertainment using any live Prohibited Animal; u) "Service Animal" shall mean an animal: i. trained to be used by a person with a disability for reasons relating to his disability; ii. trained to be used by a peace officer in the execution of his or her duties; or iii. trained to be used by a person who is authorized by an Officer to assist another Officer in his duties. v) "Wildlife" shall mean an animal that belongs to a species that is wild by nature, and includes game wildlife and specially protected wildlife as defined in the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c.41. Section 2-General Provisions 2.1 No person shall keep, own, harbour, or permit to be kept, owned, or harboured any prohibited animal in Schedule"A", attached hereto, within the Municipality. Report CAO-36/15 by Paul Shipway,CAO re Prohibited Animal B... Page 184 of 357 2.2 No person shall keep, own, harbour, or permit to be kept, owned, or harboured, any protected or endangered animal, whose possession or sale is prohibited pursuant to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act(WAPPRIITA), the Species at Risk Act(SARA), the Migratory Birds Convention Act, and the Fish and Wildlife Conservation Act in the Municipality. 2.3 No pet shop shall expose, display, keep, own harbour, sell or trade or permit to be exposed, displayed, kept, owned, harboured, sold or traded any prohibited animal within the Municipality. Wildlife 2.4 No person shall keep, own, harbour, or permit to be kept, owned or harboured any wildlife within the Municipality. 2.5 No person shall feed wildlife within the Municipality. 2.6 Section 2.5 shall not apply when, a) the person is feeding indigenous wild birds on their own property; and b) the person ensures that all food and debris is contained within a bird feeder on their own property; and c) the person ensures that any debris or bird waste is cleaned and disposed of in a sanitary manner. 2.7 No person shall bait wildlife within the Municipality. 2.8 Section 2.7 shall not apply when, a) the person is baiting wildlife in accordance with the provisions of the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41. Livestock 2.9 No person shall keep, own, harbour, or permit to be kept, owned or harboured any livestock within the Municipality of Bayham. 2.10 Section 2.9 of this by-law shall not apply to livestock kept, owned or harboured in any area which permits livestock in accordance with the Municipality of Bayham Zoning By- law No. Z456-2003, as amended. Pigeons 2.11 Every owner of domestic pigeons shall: a) keep no more than seventy(70) pigeons at any time; b) be a member of a recognized pigeon club which is affiliated with a national organization; c) ensure all pigeons are not kept in, upon, or under any dwelling unit, apartment building or other building used for human habitation; d) keep all pigeons in a pigeon enclosure of sufficient size to house all pigeons; Report CAO-36/15 by Paul Shipway,CAO re Prohibited Animal B... Page 185 of 357 which shall be of a minimum height of 1.8 metres, with a minimum floor area measuring 1.5 metres in length and 1.5 metres in width for every ten (10) pigeons, and shall be constructed as to prevent escape of pigeons; e) ensure the pigeon enclosure is located no less than seven (7) metres from any dwelling unit, apartment building, commercial establishment, industrial establishment, recreational establishment or other building used for human habitation and no less than three (3) metres from any lot line; f) ensure each pigeon wear a metal or plastic leg band that shall identify the owner of the bird, and shall register these numbers with a recognized pigeon club which is affiliated with a national organization; g) ensure the pigeons do not stray, perch, roost, nest or rest upon any premises other than on premises of the owner; h) keep the pigeons in a building, structure, loft, pen, coop or run which is maintained in a state of good repair; i. pursuant to Section 2.11(h)of this By-law, ensure the building, structure, loft, pen, coup or run is in compliance with the Municipality of Bayham Zoning By-law No. Z456-2003 as amended, and the Ontario Building Code Act, 1992. S.O. 1992, Chapter 23. i) lime wash, paint or disinfect the inside walls and ceilings of all buildings, structures, lofts, pens, coops and runs used for the keeping of pigeons other than outside runs enclosed solely with wire, at least four times per calendar year; j) remove and dispose of in a sanitary manner, at least twice each week, all pigeon droppings and refuse within or adjacent to all buildings, structures, lofts, pens, coops and runs used for the keeping of pigeons, it being understood that this requirement shall not apply when below freezing temperatures prevent waste removal and disposal; k) keep the pigeons enclosed at all times, except to allow a maximum of two (2) daily, two (2) hour, flight periods during which no more than fifty percent(50%)of the total number of pigeons being kept shall be permitted to be at large during any particular flight period, it being understood that this restriction shall not apply to members of a racing pigeon club when the members are participating in a bona fide flight conducted by the club. I) store all pigeon feed in animal-proof containers; m) ensure that no pigeon is fed when outside of its enclosure. 2.14 No person shall keep, own, harbour, or permit to be kept, owned, or harboured, pigeons in an enclosure that does not provide adequate space, lighting or ventilation for the number of pigeons kept within. Section 3-Minimum Animal Care Requirements 3.1 Every owner permitted to keep, own or harbour, an animal pursuant to this by-law, shall provide or cause such animal to be provided with adequate food, water, shelter and veterinary care as required to maintain the health and well-being of the animal. 3.2 Section 3.1 of this By-law shall be enforced by an inspector or agent, authorized by the OSPCA, under the provisions of The Ontario Society for the Prevention of Cruelty to Report CAO-36/15 by Paul Shipway,CAO re Prohibited Animal B... Page 186 of 357 Animals Act, R.S.O. 1990, c. 0.36, as amended. Section 4-Control of Animals 4.1 Every Officer may, at any reasonable time pursuant to applicable legislation, enter upon any property for the purpose of carrying out an inspection to determine whether or not the provisions of this By-law are being complied with. 4.2 Every Officer shall have the power to seize and impound any prohibited animal found within the Municipality contrary to the provisions of this By-law. 4.3 Every Officer exercising the power to inspect, seize or impound pursuant to Section 4.1 and Section 4.2 of this by-law may be accompanied by an assisting agency acting under his direction. 4.4 Every Officer, prior to utilizing an assisting agency, shall cause the assisting agency to sign an agreement that they are operating under the direction of the Officer stating that: a) any animal seized, or impounded by the assisting agency under the direction of the Officer shall be under the control and authority of the Municipality; b) the assisting agency shall not posses any ownership rights or control of the prohibited animal and is solely acting as a custodial assistant under the direction of the Officer; c) the assisting agency shall immediately release the animal to an Officer or to an owner when directed by the Officer. 4.5 An Officer may release a prohibited animal to a person claiming to be the Owner of the animal only where such person within five (5)days, exclusive of Sundays and statutory holidays, after the date of seizure and impounding, provides: a) proof of ownership of the prohibited animal to the satisfaction of the Officer; b) proof that the premises at which they intend to keep the animal is not within an area of the Municipality where the keeping of such an animal is prohibited by this By-law; c) proof that the prohibited animal shall be removed from the Municipality within twenty-four(24) hours of release to a municipality where the animal is permitted; d) payment to the Municipality of the fee for seizing and impounding of a prohibited animal pursuant to Section 4.2 of this By-law as set out in Schedule'B' to this By- law, and shall be reflected in the Municipality Fees By-law; e) payment to the Municipality of an administrative fee as set out in Schedule 'B'to this By-law, and shall be reflected in the Municipality Fees By-law; f) payment to the Municipality of any cost of veterinary care received by the animal after being seized and impounded that the Officer deemed necessary for the well being of the animal; and g) payment to the Municipality of any cost incurred by an assisting agency acting under the direction of an Officer for the seizure and impoundment of an animal. 4.6 Where seized and impounded pursuant to Section 4.2 of this By-law, on the sixth (6th) day, exclusive of Sundays and statutory holidays, after the date of seizure and impounding, the prohibited animal has not been released to the Owner pursuant to Section 4.5 of this by-law, the Municipality may: a) sell or make gift of the prohibited animal; or b) release the prohibited animal to a bona fide zoo or other facility authorized to keep and care for such prohibited animal and that facility may include a facility Report CAO-36/15 by Paul Shipway,CAO re Prohibited Animal B... Page 187 of 357 named under or subject to the Animals for Research Act, R.S.O. 1990, Chap. A.22; or c) euthanize the prohibited animal in a humane manner subject to the Animals for Research Act, R.S.O. 1990, Chap. A.22. 4.7 Where a prohibited animal seized and impounded is injured or should be euthanized without delay for humane reasons, or for reasons of safety to person or animals, or the inability to provide adequate housing for the prohibited animal, an Officer may euthanize, or order to be euthanized the prohibited animal in a humane manner as soon after as he sees fit without permitting any person to claim possession of the animal and without offering it for sale and no damages or compensation shall be recovered or recoverable on account of its destruction. 4.8 Nothing in this By-law shall prevent an Officer from euthanizing a prohibited animal which is suffering illness or injury and, in the Officer's opinion, will not humanely sustain life. 4.9 Animal Control shall keep a record of all prohibited animals seized and impounded pursuant to this By-law. Section 5- Exceptions 5.1 The provisions contained in Section 2 of this By-law shall not apply to prohibited animals kept: a) by the Municipality; b) by any recognized OSPCA or Humane Society facility; c) as a Service Animal; d) in a permanent premise or facility accredited by the Canadian Association of Zoos and Aquaria (CAZA)or a temporary exhibit or show conducted by a CAZA accredited institution for the purpose of education, provided that such exhibit or show is limited to three (3)days at any one (1) location and prohibited animals are only present during the educational component; e) at a location where professionally produced films or television shows, require the use of prohibited animals, provided there is supervision by inspectors and agents of the OSPCA; f) on the premises of an accredited veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990, Chapter V.3, as amended; g) by a medical or educational institution, or other accredited school where prohibited animals are being kept for research, study or teaching purposes, on a premises registered as a research facility under the Animals for Research Act R.S.O. 1990 c.A.22; h) at a premises where wildlife rehabilitation is being undertaken in accordance with the Fish and Wildlife Conservation Act, 1997, S.O. 1997, Chapter 41, as amended and associated regulations under the jurisdiction of the Ontario Ministry of Natural Resources or the Canadian Wildlife Service. i) by an animal exhibition or service on a premises approved by the Municipality, including but not necessarily limited to, a person conducting a circus, rodeo Report CAO-36/15 by Paul Shipway,CAO re Prohibited Animal B... Page 188 of 357 education centre or petting zoo. j) by an exemption as authorized by resolution of Council. Section 6- Penalties 6.1 Every person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence, exclusive of costs, as provided for in the Provincial Offences Act, R.S.O. 1990, c.P.33, as may be amended from time to time. Section 7-Administration 7.1 Unless otherwise indicated, the administration of this By-law shall be assigned by Council to the Municipal Law Enforcement Officer who may delegate the performance of his functions under this By-law from time to time as occasion requires. 7.2 In this By-law, unless the contrary intention is indicated, words used in the singular shall include the plural and words used in the male gender shall include the female gender or vice versa, where applicable. 7.3 If there is a conflict between a provision in this By-law and a provision of any other Municipal By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. Section 8- Enforcement 8.1 An Officer shall be responsible for the enforcement of this By-law. 8.2 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer or the Clerk while exercising any power or performing any duty under this By-law. Section 9-Grandfathering 9.1 This By-law shall come into full force and effect on the date of its passing by Council. 9.2 This By-law shall apply to all Prohibited Animals which were kept, owned or harboured or permitted to be kept, owned or harboured before this By-law was enacted and passed. 9.3 It is the responsibility of the Owner to objectively prove, with corroborating evidence, that Section 9.2 of this by-law is applicable. Section 10- Repeal of Existing By-laws 10.1 That By-law No. 1999-082, as amended, shall be repealed in its entirety. Section 11 -Severability 11.1 In the event any section or provision of this By-law is held invalid, the remainder of the By-law shall continue in force. READ a FIRST, SECOND and THIRD TIME and finally passed this XXth day of XXXXXXX, XXXX. Report CAO-36/15 by Paul Shipway,CAO re Prohibited Animal B... Page 189 of 357 PAUL ENS MAYOR LYNDA MILLARD CLERK Report CAO-36/15 by Paul Shipway,CAO re Prohibited Animal B... Page 190 of 357 SCHEDULE 'A' - PROHIBITED ANIMALS PROHIBITED CLASS: MAMMALIA(MAMMALS)—ALL ORDERS EXCEPTION Domestic dogs, cats, chinchillas, ferrets, gerbils, guinea pigs, hedgehogs, hamsters, mice, rabbits, rats, and sugar gliders PROHIBITED CLASS: REPTILIA(REPTILES)—ALL ORDERS EXCEPTION Constricting and non-venomous Serpents(snakes)where neither the female nor the male of the species exceed two (2)metres in length from nose to tip of tail before or at maturity. Non-venomous lizards where neither the female nor the male of the species exceed one (1) metre in length from nose to tip of tail before or at maturity. Testudines (tortoises and turtles)that are not of the snapping variety. PROHIBITED CLASS: AMPHIBIA(AMPHIBIANS)—ALL ORDERS EXCEPTION Non-venomous Anura (frogs and toads)and Caudate(salamanders and newts). PROHIBITED CLASS: AVES (BIRDS)—ALL ORDERS EXCEPTION Orders of birds held as livestock on property in a rural (RU)zone in accordance with the Municipality Zoning By-law, including, but not limited to, Anseriformes (ducks, geese and swans) Galliformes (chickens, turkeys, domestic fowl and game birds), and Struthioniformes (emus and ostriches). Orders of birds including Columbiformes (pigeons and doves), Passeriformes (perching birds and song birds), and Psittaciformes (parrots). PROHIBITED CLASS: INSECTA(INSECTS)—ALL ORDERS EXCEPTION All non-venomous insects including non-venomous Arachnida (spiders)and Chilopoda (centipedes). PROHIBITED CLASS: SALT AND FRESH WATER ORGANISMS—ALL ORDERS EXCEPTION All non-venomous vertebrates and invertebrates Report CAO-36/15 by Paul Shipway,CAO re Prohibited Animal B... Page 191 of 357 ,41104a O REPORT -4PP14"- - 4X.Y1141,4 ► CAO Pp 6‘i. IS���� TO: Mayor& Members of Council FROM: Paul Shipway, CAO DATE: June 18, 2015 REPORT: CAO-37/15 SUBJECT: RFP 15-01 REALTY SERVICES BACKGROUND As a result of the Council direction to declare certain properties surplus to the needs of the Municipality, an RFP for Realty Services was developed. DISCUSSION The results of the RFP are as follows: Royal LePage 4% + HST Morgan Realty Inc. 4% + HST REMAX 4.25% + HST Both Royal LePage and Morgan Realty Inc. submitted comparable bids, neither of which can be differentiated by the Section 9.3 of By-law No. 2015-030,the Procurement By-law. As such, all things being equal, staff would recommend the Morgan Realty Inc. firm based on the diversity of the team outlined within the proposal. RECOMMENDATION 1. THAT Report CAO-37/15 re RFP 15-01 —Realty Services be received for information; 2. AND THAT the Council direct staff to bring forward a by-law to enter into a Realty Services Agreement with Morgan Realty Inc. Respectfully Submitted by: Paul Shipway CAO Report CAO-37/15 by Paul Shipway,CAO re RFP 15-01 Realty Se... Page 192 of 357 -v,AYILIdlf -4PP14"- "-''' owe, REPORT 4-or ""Igifto Pp°Z'tunity IS� cv CAO ��� TO: Mayor& Members of Council FROM: Paul Shipway, CAO DATE: June 18, 2015 REPORT: CAO-38/15 SUBJECT: EDISON MUSEUM RFP BACKGROUND On May 11, 2015 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT staff be directed to post a Request for Proposal (RFP)to place static displays of Edison Museum artefacts in Vienna for the 2015 summer season; AND THAT the RFP also include provisions for proposals for operational, staffed exhibits in Vienna for the 2015 summer season; AND THAT staff report back to Council on available properties in Vienna to place the Edison Museum for 2015; AND THAT staff be directed to hire five (5) museum students for the summer of 2015 DISCUSSION Staff circulated the notice and RFP in both local papers, posted in the Municipal Office and Libraries and further circulated through community members. No submissions were received. RECOMMENDATION 1. THAT Report CAO-38/15 re Edison Museum RFP be received for information; Respectfully Submitted by: Paul Shipway CAO Report CAO-38/15 by Paul Shipway,CAO re Edison Museum RFP Page 193 of 357 $AY APP1.4.1.°"C. k'® REPORT . CAO Pp °i'tunity Is' TO: Mayor& Members of Council FROM: Paul Shipway, CAO DATE: June 18, 2015 REPORT: CAO-39/15 SUBJECT: VIENNA COMMUNITY CENTRE ACCESSIBILITY RENOVATIONS BACKGROUND In the fall of 2014 the Council of the Corporation of the Municipality placed on hold the proposed accessibility renovations to the Vienna Community Centre pending the results of facility audits. The proposed accessibility renovations were supported by a $50,000 grant from the Enabling Accessibility Fund. DISCUSSION Since the conclusion of the facility audits the Municipality obtained a second quotation for accessibility renovations to the Vienna Community Centre. The quotations,which are subject to tendering, are as follows: Spriet Associates $135,080 Centric Engineering $248,600 The Enabling Accessibility Grant funds had an original expiry date of March 31, 2015. The Municipality, over seven months ago, applied for an extension on the grant until the end of 2015 on the grounds that the Municipality needed to verify the funds were being spent on a sustainable facility. The Municipality is still in possession of the$50,000 and has not been informed either way about the use of the funds. RECOMMENDATION 1. THAT Report CAO-39/15 re Vienna Community Centre Accessibility Renovations be received for information; 2. AND THAT Council direct staff to proceed with tendering utilizing the Spriets Associates proposal; 3. AND THAT funds for the project be allocated from the Enabling Accessibility Fund Grant, Vienna Community Centre Reserve and the Facility Reserve if required. Respectfully Submitted by: Paul Shipway CAO Report CAO-39/15 by Paul Shipway,CAO re Vienna Community Ce... Page 194 of 357 Reference No. 214088 December 8, 2014 SPRIET ASSOCIATES ENGINEERS&ARCHITECTS VIENNA COMMUNITY CENTRE 155 York Street London,Ontario N6A 1A8 NEW HANDICAPPED LIFT AND UPGRADES Tel.(519) -4100 433 Fax(519)433-9351 E-mail:mail@spriet.ca www.spriet.ca COST ESTIMATE 1. Selective demolition $ 15,000.00 2. Construction of elevator shaft $ 18,000.00 3. Supply and install elevator $ 40,000.00 4. New entrance doors $ 6,500.00 5. Construct new canopy $ 28,800.00 6. New sidewalks $ 4,500.00 7. Electrical and Mechanical $ 10,000.00 Sub-Total $ 122,800.00 10% Contingency Allowance $ 12,280.00 TOTAL ESTIMATED COST $ 135,080.00 Associates:A.M.SPRIET•J.R.SPRIET•K.McILMURRAY•M.P.DEVOS•J.M.SPRIET•C.S.LIERMAN•A.T.ALTENLIU Report CAO-39/15 by Paul Shipway,CAO re Vienna Community Ce... Page 195 of 357 London Office Waterloo Region ey ya 200 Queens Avenue 1315 Suite 301 Suite Bishop00Street North 11 1 London,ON,N6A 1J3 Cambridge,ON,N1R6Z2 ENGINEERING p 519 963 0444 I centricengineering.ca I F 519 963 0443 June 3,2015 Municipality of Bayham 9344 Plank Road Straffordville,Ontario NOJ 1YO Attention: Mr. Paul Shipway,CAO Regarding: Vienna Community Centre—New Elevator&Foyer Addition(Class D)Budget Paul; As requested,this document(and the attached A3 drawing) have been prepared for your budgeting purposed regarding the above noted proposed works. Please note this is a(Class D)budget and as such the budget numbers outlined below can be expected to vary between+15 to 20%. COST ESTIMATE(CLASS D) 1. SELECTIVE DEMOLITION $20,000.00 2. CONSTRUCTION OF ELEVATOR SHAFT $25,000.00 3. SUPPLY& INSTALLATION OF ELEVATOR* $80,000.00 4. NEW ENTRANCE DOORS $6,500.00 5. CONSTRUCTION OF NEW FOYER** $75,000.00 6. NEW SIDEWALKS $4,500.00 7. ELECTRICAL&MECHANICAL $15,000.00 SUBTOTAL $226,000.00 10%CONTINGENCY ALLOWANCE $22,600.00 TOTAL ESTIMATED COST $248,600.00*** Notes: * New elevator assumed to be a hydraulic pit-less elevator with 2500 lbs.capacity with three(3) stops and front and rear door. ** New Foyer proposed to be approximately 11'-0"x 38'-0" (+420 ftz) *** Budget fees outlined above do not include(landscaping,consultant fees,CM or GC fees) We trust this report meets your satisfaction, if you need further clarification please do not hesitate to contact us. Report CAO-39/15 by Paul Shipway,CAO re Vienna Community Ce... Page 196 of 357 $AY 1111111*- �'® REPORT . CAO Pp oi'tunity is • 0 TO: Mayor& Members of Council FROM: Paul Shipway, CAO DATE: June 18, 2015 REPORT: CAO-40/15 SUBJECT: GREEN ENERGY ACT BACKGROUND The Green Energy Act, 2009 S.O. 2009, Chapter 12, as amended, states that the Government of Ontario is committed to ensuring that the Government of Ontario and the Broader Public Sector, including government funded institutions, conserve energy and use energy efficiently in conducting their affairs. Section 6 of the Green Energy Act, 2009 S.O. 2009, Chapter 12, as amended, dictates that the broader public sector shall provide a summary of annual energy consumption for each of its operations that consume energy. Ontario Regulation 397/11 Energy Conservation and Demand Management Plans enacted under the Green Energy Act, 2009 S.O. 2009, Chapter 12, as amended, dictates the process for the compilation, submission and publication of annual energy reports and energy conservation and demand management plans. Section 5 of Ontario Regulation 397/11 specifically states that on or before July 1st, 2013 each broader public sector organization must compile, submit and publish a summary of the organizations 2011 calendar year annual energy consumption and greenhouse gas emissions which must include a list of the energy consumption and greenhouse gas emissions for the year with respect to each operational category. Further, on or before July 1 of each year after 2013, each broader public sector organization must compile, submit and publish a summary of the organization's annual energy consumption and greenhouse gas emissions which must include a list of the energy consumption and greenhouse gas emissions for the year with respect to each operational category. Additionally, as of July 1, 2014, Ontario Regulation 397/11 requires each broader public sector organization develop and implement energy conservation and demand management plans which will require yearly updates and five year reviews. DISCUSSION The Municipality of Bayham has tracked and analyzed operation energy and energy efficiency data since 2011. Although the tracking of energy data by the Ministry of Energy will encourage discussion and reform processes related to the procurement, construction and operation of facilities in regards to energy usage, the program and template as presented, due to applicability across the municipal sector, raise a number of concerns. As per Section 5 of Ontario Regulation 397/11 the Municipality of Bayham Conservation and Demand Management Plan is attached hereto as Appendix'A'. Report CAO-40/15 by Paul Shipway,CAO re Green Energy Act Page 197 of 357 TERMINOLOGY Green House Gas Emissions- kgCO 2e/yr The kilograms (kg)of equivalent carbon dioxide (CO 2) units of Green House Gas emissions attributed to the energy purchased and consumed for each operation. Green House Gas emission factors are based on Environment Canada's National Inventory. Green House Gas Intensity- CO 2e/m2 The equivalent carbon dioxide (CO 2) units of Green House Gas emissions per square metre of an operation. Energy Use-ekWh/yr The equivalent kilowatt hours of energy used per year for each operation. Energy Use is calculated by converting all energy used during the year to equivalent kilowatt hours (ekWh). Energy intensity- ekWh/m? The equivalent kilowatt hours (ekWh) per square metre of each operation. Energy Intensity is calculated based on all of the energy purchased and consumed for each operation relative to floor area. RECOMMENDATION 1. THAT Report CAO-40/15 re Green Energy Act be received for information; 2. AND THAT Council direct staff to publish Report CAO 40/15 inclusive of the Municipality of Bayham Conservation Demand Management Plan and 2013 Energy Consumption and Green House Gas Emissions Summary on the Municipal website in accordance with Ontario Regulation 397/11. Respectfully Submitted by: Paul Shipway CAO Report CAO-40/15 by Paul Shipway,CAO re Green Energy Act Page 198 of 357 -VON c3kYHA4j illippeop, It T01 PIP04r1.,./5- VP Y ° nullity is Municipality of Bayham Energy Conservation and Demand Management Plan Report CAO-40/15 by Paul Shipway,CAO re Green Energy Act Page 199 of 357 Executive Summary: The 2015-2020 Municipality of Bayham Conservation and Demand Management Plan as required pursuant to Ontario Regulation 397/11 and the Green Energy Act is designed to assist in facilitating the transition of the Municipality of Bayham toward a sustainable future based on clear objectives and targets, and a call to focused community action. Declaration of Commitment: The Council of the Municipality of Bayham is committed to allocating necessary resources, where it is cost effective and corporately feasible and responsible to do so, to develop and implement a living and functional Energy Conservation and Demand Management Plan as required under Ontario Regulation 397/11. The Municipality of Bayham Energy Conservation and Demand Management Plan shall strive to educate staff and public, implement energy efficiencies and best practices and reduce energy consumption and its related environmental impact.All Municipal staff, coordinated by the CAO, shall work towards the implementation, analysis, monitoring and review of progress towards the goal of an energy efficient and sustainable Municipality of Bayham. The Municipality of Bayham shall incorporate energy efficiency and energy awareness into all areas of municipal action including corporate procedures, procurement practices,financial management and investment decisions, facility operations and maintenance, lifecycle cost analysis and asset management. --,..,-,..-,-,--,=—,-,.—,—,,,,•r--..iI Conservation Targets: The Municipality of Bayham shall strive to obtain the goals outlined in the Municipality of Bayham Energy Conservation and Demand Management Plan in order to obtain the following targets: 1. Reduce the greenhouse gas emissions (kg)of the Municipality by 10% prior to January 1, 2020 (2% per annum). 2. Reduce energy consumption (ekWh/yr)of the Municipality by an average of 0.5% per year between January 1, 2020 (total reduction of 2.5%). Objectives: The Municipality of Bayham Energy Conservation and Demand Management Plan shall assist in facilitating the transition of the Municipality towards a sustainable future based on the following objectives: 1. Maximize fiscal resources and avoid cost increases through direct and indirect energy savings. 2. Reduce the environmental impact of the Municipality's operations. 3. Increase the comfort and safety of occupants of Municipal facilities. 4. Promote a culture of energy conservation within the Municipality and the community. urrent Municipal Energy Use Practices: The management of energy consumption and the energy performance of the Municipality of Bayham is currently monitored corporately and does not include actual monetary costs of energy. The current tracking method is mainly used for satisfaction of Ontario Regulation 397/11 and budgeting purposes. Going forward staff shall redefine baseline statistics to incorporate costing information and all municipal energy use. The 2011, 2012 and 2013 calendar year energy reporting templates are attached hereto as Appendix 'A' ,Appendix 'B'and Appendix'C'respectively. Report CAO-40/15 by Paul Shipway,CAO re Green Energy Act Page 200 of 357 Actions & Measures: The Municipality of Bayham Energy Conservation and Demand Management Plan shall provide a relevant strategy with clear targets in order to clearly communicate the Municipal commitment to energy efficiency and sustainability. Utilizing the expertise of public sector organizations and the dedication of staff, the Municipality of Bayham shall overcome limited financial and human resources to complete actions as follows towards energy efficiency and sustainability. Municipality of Bayham -Actions & Measures Action Status Assessment Integrate monitoring and assessments of all corporate Complete Benchmarking energy use of the Municipality into the 2015 Energy Conservation and Demand Management Plan Conduct facility audits on all Municipal facilities that Complete Budget Item consume energy Assess energy commodity procurement options Complete Agreement Seek energy efficiency and sustainability funding In Progress- Budget opportunities Continual Communicate a corporate commitment to Continual Website sustainability and responsible energy use Strengthen partnerships with utility providers In-Progress- N/A Continual Train staff and council on energy efficiency and Continual N/A sustainability Explore renewable energy generation opportunities in In-Progress- Budget facilities that are energy use optimized Continual Municipal Energy Leader: The administration and implementation of the Municipality of Bayham Energy Conservation and Demand Management Plan shall be the responsibility of the CAO. As all staff contribute to energy use, all staff shall share the responsibility to be cognizant of energy use and work towards a culture of conservation.Through staff training and corporate information tracking, the Municipality shall be able to see the results of efforts. By incorporating energy use consideration into the capital and operating budget process, staff will ensure the implementation of sustainable and efficient energy use at an asset level moving forward. Energy Plan Review: The Municipality of Bayham Conservation and Demand Management Plan shall be reviewed and updated in accordance with Ontario Regulation 397/11. Report CAO-40/15 by Paul Shipway,CAO re Green Energy Act Page 201 of 357 7? 0 0 Z O APPENDIX 'A' 4. Municipality of Bayham Conservation & Demand Mangement Plan - 2011 c el Average! II6 .1,PEnergy ,- Energy Total Hours Intensity Floor Per GHG Emissions Intensity (ekWh/Mega cr Operation Name Area Unit Week Annual Flow Electricity Unit Natural Gas Unit (Kg) (ekWh/sgft) Litres) Municipal Office 4,440 Square feet 40 34,823 kWh 5,124 Cubic meter 12,472.66 20.11 Staffordville Fire Hall 6,068 Square feet 10 23,777 kWh 8,748 Cubic meter 18,441.55 19.24 n Bayham Fire Station 3,900 Square feet 40 11,437 kWh 6,985 Cubic meter 14,120.80 21.97 0 Eden Community Center 7,344 Square feet 10 5,293 kWh 423.44 0.72 O CD Vienna Community Center 6,800 Square feet 20 54,912 kWh 795 Cubic meter 5,895.63 9.32 P Bayham Community Center 8,000 Square feet 20 109,898 kWh 7,359 Cubic meter 22,704.02 23.51 CD Edison Museum Vienna 1,392 Square feet 20 10,675 kWh 2,316 Cubic meter 5,233.07 25.35 rt Port Burwell Lighthouse 400 Square feet_ 20 3,640_kWh v 291.20 9.10 0 Port Burwell Library 1,900 Square feet_ 15 12,317 kWh , 2,063 Cubic meter 4,886.48 18.02, ‘c Straffordville Library 2,100 Square feet 34 22,554 kWh 980 Cubic meter 3,656.95 15.70 Y Port Burwell Beach Washrooms 450 Square feet 35 9,133 kWh 730.64 20.30 Vienna Library 2,000 Square feet 0 10,156 kWh 812.48 5.08 Interpretive Centre 800 Square feet 20 899 kWh 71.92 1.12 Port Burwell Marine Museum 2,900 Square feet 20 9,259 kWh 4,071 Cubic meter8,437.27 18.11, Port Burwell OPP 1,350 Square feet 0 763 kWh P 61.04 0.57 Straffordville Garage 13,300 Square feet 40 56,197 kWh 19,113 Cubic meter 40,631.99 19.50 Port Burwell Public Works 1,500 Square feet 0 6,060 kWh 4,986 Cubic meter 9,911.84 39.37 Richmond Road Pump 545 Square feet 168 10296.00000 30,260 kWh 2,420.80 55.52 2.94 Sewer Plant 10,682 Square feet 40 257057.00000 514,101 kWh 41,128.08 48.13 2.00 Pumping Station#1 468 Square feet 168 27107.00000 27,323 kWh 825 Cubic meter 3,745.90 77.12 1.33 Pumping Station#2 468 Square feet 168 62685.00000 21,237 kWh _ 1,698.96 45.38 0.34 Pumping Station#3 12 Square feet 168 9403.00000 3,935 kWh _ 314.80 327.92 0.42 Pumping Station #4 12 Square feet 168 1567.00000 1,408 kWh _ 112.64 117.33 0.90 ''d Pumping Station#5 468 Square feet 168 105463.00000 32,106 kWh 2,568.48 68.60 0.30 M OMQ Pumping Station#6 468 Square feet 168 124688.00000 55,760 kWh 4,460.80 119.15 0.45 tv Pumping Station#7 12 Square feet 168 10497.00000 3,938 kWh 315.04 328.17 0.38 Pumping Station#8 12 Square feet 168 69980.00000 8,257 kWh _ 660.56 688.08 0.12 O Centre St-booster pump 48 Square feet 168 162.00000 4,768 kWh 381.44 99.33 29.43 w Port Burwell Fire Station 3,900 Square feet 0 12,232 kWh 978.56 3.14 to v TOTAL 1,097,118 63,365 133,510.95 77.41 3.51 7D 0 APPENDIX 'B' Oo Municipality of Bayham Conservation & Demand Mangement Plan - 2012 c Average Energy P Total Hours GHG Energy Intensity Floor Per Annual Emissions Intensity (ekWh/Meg Operation Name Area Unit Week Flow Electricity Unit Natural Gas Unit (Kg) (ekWh/sqft) a Litres) Municipal Office 4,440 Square feet 40 0 32,256 kWh 4,366 Cubic Meter 11,351.40 17.71 0.00 �c Staffordville Fire Hall 6,068 Square feet 10 0 25,839 kWh 7,541 Cubic Meter 16,738.61 17.47 0.00 Bayham Fire Station 3,900 Square feet 40 0 44,108 kWh 2,476 Cubic Meter 8,917.70 18.06 0.00 O Eden Community Center 7,344 Square feet 10 0 6,651 kWh 8,299 Cubic Meter 16,328.41 12.91 0.00 C1 Vienna Community Center 6,800 Square feet 20 0 67,253 kWh 742 Cubic Meter 7,860.88 11.05 0.00 ro Bayham Community Center 8,000 Square feet 20 0 108,151 kWh 5,073 Cubic Meter 19,978.35 20.26 0.00 Edison Museum Vienna 1,392 Square feet 20 0 9,988 kWh 2,695 Cubic Meter 6,054.49 27.75 0.00 try _ ro Port Burwell Lighthouse 400 Square feet 20 0 2,783 kWh 0 Cubic Meter 267.28 6.96 0.00 aq Port Burwell Library 1,900 Square feet 15 0 8,702 kWh 1,460 Cubic Meter 3,595.68 12.75 0.00 Straffordville Library 2,100 Square feet 34 0 21,689 kWh 806 Cubic Meter 3,606.29 14.41 0.00 Port Burwell Beach Washrooms 450 Square feet 35 0 9,888 kWh 0 Cubic Meter_ 949.64 21.97 0.00 Vienna Library 2,000 Square feet 1 0 6,814 kWh 0 Cubic Meter 654.42 3.41 0.00 Interpretive Centre 800 Square feet 20 0 2,333 kWh 0 Cubic Meter 224.06 2.92 0.00 Port Burwell Marine Museum 2,900 Square feet 20 0 7,910 kWh 3,613 Cubic Meter 7,590.89 15.97 0.00 Port Burwell OPP 1,350 Square feet 1 0 152 kWh 0 Cubic Meter 14.60 0.11 0.00 Straffordville Garage 13,300 Square feet 40 0 36,360 kWh 13,319 Cubic Meter 28,672.90 13.38 0.00 Port Burwell Public Works 1,500 Square feet 5 0 5,002 kWh 3,035 Cubic Meter 6,218.07 24.84 0.00 Richmond Road Pump 0 168 10813 66,399 kWh 0 Cubic Meter 6,376.96 0.00 6.14 Sewer Plant 0 40 223516 543,401 kWh 0 Cubic Meter 52,188.23 0.00 2.43 Pumping Station#1 0 168 24749 28,894 kWh 1,358 Cubic Meter 5,342.45 0.00 1.75 Pumping Station#2 0 168 64638 19,941 kWh 0 Cubic Meter 1,915.13 0.00 0.31 Pumping Station#3 0 168 9696 3,328 kWh 0 Cubic Meter 319.62 0.00, 0.34 ¢' Pumping Station #4 0 168 1616 1,201 kWh 0 Cubic Meter 115.34 0.00 0.74 CM Pumping Station#5 0 168 105546 38,035 kWh 0 Cubic Meter 3,652.88 0.00 0.36 N o Pumping Station#6 0 168 147938 63,424 kWh 0 Cubic Meter 6,091.24 0.00 0.43 p Pumping Station#7 0 168 6046 3,208 kWh 0 Cubic Meter 308.10 0.00 0.53 w Pumping Station#8 0 168 43835 7,766 kWh 0 Cubic Meter, 745.85 0.00 0.18 v Centre St-booster pump 0 168 65 5,296 kWh 0 Cubic Meter 508.63 0.00 81.48 Port Burwell Fire Station 3,900 Square feet 1 0 5,224 kWh 3,936 Cubic Meter 7,943.41 12.07 0.00 TOTAL 1,149,740 54,352 1 213,180.10 8.44 3.38 C �s 0 CZ a 0 0 Cr b P Municipality of Bayham - Conservation & Demand Management Plan 2013 .0 Total Avg Annual Flow Electricity 1 Natural Gas Emissions Intensity Energy Intensity a Floor Area Unit hrs/wk (Mega Li Quantity Unit Quantity Unit (Kg) (ekWh/sgft) (ekWh/Mega Litre) Bayham Community Center 8,000.00 Square feet 20 0.00000 155,040.00000 kWh 8,692.00000 Cubic Meter 218.23036 30.92708 0.00000 Bayham Fire Station 3,900.00 Square feet 40 0.00000 53,978.00000 kWh 8,248.50000 Cubic Meter 97.81255 36.31826 0.00000 Centre St-booster pump 0.00 168 1.00000 4,293.00000 kWh ; 326.31952 0.00000 4,293.00000_ o Eden Community Center 7,344.00 Square feet_ 10 0.00000 8,444.00000 kWh 9,558.80000 Cubic Meter 713.97070 14.98268 0.00000 Z Edison Museum Vienna 1,392.00 Square feet 20 0.00000 105,272.00000 kWh 3,220.20000 Cubic Meter 90.13233 100.21233 0.00000 ril Interpretive Centre 800.00 Square feet 20 0.00000 847.00000 kWh - 64.38216 1.05875 0.00000 tio Municipal Office 4,440.00 Square feet 40 0.00000 31,286.00000 kWh 5,235.90000 Cubic Meter 277.24534_ 19.57927 0.00000 q. Port Burwell Beach Washrooms 450.00 Square feet 35 0.00000 7,439.00000 kWh 65.45327 16.53111 0.00000 o Port Burwell Fire Station 3,900.00 Square feet 1 0.00000 102,519.00000 kWh 1,810.90000 Cubic Meter 16.41066 31.22175 0.00000 Port Burwell Library 1,900.00 Square feet 15 0.00000 8,306.00000 kWh 1,883.80000 Cubic Meter ,192.91881 14.90874 0.00000 Port Burwell Lighthouse 400.00 Square feet 20 0.00000 2,256.00000 kWh 171.48307 5.64000 0.00000 Port Burwell Marine Museum 2,900.00 Square feet 20 0.00000 8,219.00000 kWh 4,278.70000 Cubic Meter 14.16837 18.51451 0.00000 Port Burwell OPP 1,350.00 Square feet 1 0.00000 100,018.00000 kWh 02.56822 74.08741 0.00000 Port Burwell Public Works 1,500.00 Square feet 5 0.00000 5,883.00000 kWh 4,489.30000 Cubic Meter 34.77039 35.72952 0.00000 Pumping Station #4 0.00 168 1.00000 1,073.00000 kWh 81.56088 0.00000 1,073.00000 Pumping Station#1 0.00 _ 168 28.08600 35,400.00000 kWh 367.50000 Cubic Meter 85.63022 0.00000 1,399.47689 Pumping Station#2 0.00 _ 168 1.00000 18,076.00000 kWh 97.20000 Cubic Meter 57.76186 0.00000 19,109.01992 Pumping Station#3 0.00 168 1.00000 3,285.00000 kWh 249.69942 0.00000 3,285.00000 Pumping Station#5 0.00 168 51.45500 49,620.00000 kWh 267.00000 Cubic Meter ,276.51285 0.00000 1,019.48531 Pumping Station#6 0.00 _ 168 1.00000 70,440.00000 kWh 301.30000 Cubic Meter 23.93120 0.00000 73,642.14921 Pumping Station#7 0.00 168 1.00000 5,150.00000 kWh 391.46180_ 0.00000 5,150.00000 Pumping Station#8 0.00 168 1.00000 8,990.00000 kWh 683.34788 0.00000 8,990.00000 Richmond Road Pump 0.00 168 10.50400 21,489.00000 kWh 1,633.42187 0.00000 2,045.79208 Sewer Plant 0.00_ 40 249.25700 237,242.00000 kWh _ 033.23890 0.00000 951.79674 b Staffordville Fire Hall 6,068.00 Square feet 10 0.00000 26,321.00000 kWh 9,045.80000 Cubic Meter i 102.94557 20.18091 0.00000 Crg Straffordville Garage 13,300.00 Square feet 40 0.00000 44,940.00000 kWh 20,017.60000 Cubic Meter__41,261.79432_ 19.37463_ 0.00000 co Straffordville Library 2,100.00 Square feet 34 0.00000 20,362.00000 kWh 1,196.20000 Cubic Meter 3,809.32436 15.74997 0.00000 O Vienna Community Center 6,800.00 Square feet 20 0.00000 69,604.00000 kWh 704.70000 Cubic Meter 6,623.06409 11.33726 0.00000 -P TOTAL 1,205,792.00000 79,415.40000 241,799.56096 466.35419 120,958.72015 O W J $AY APP1.4.1.°"C. k'® REPORT oCAO .p°i'tunity Is' TO: Mayor& Members of Council FROM: Paul Shipway, CAO DATE: June 18, 2015 REPORT: CAO-41/15 SUBJECT: RAILWAY RIGHT-OF-WAY BACKGROUND The lands identified on the map attached hereto as Appendix 'A' are classified as a Railway Right-of-Way. Historically, the Municipality has conducted road maintenance activities on the same, however the lands are not dedicated as a highway. Further, the subject lands are jointly owned by the Municipality of Bayham and the Town of Tillsonburg under the Otter Valley Utility Corridor Joint Venture Agreement. One access to a residential dwelling exits off of the railway right-of-way. DISCUSSION Recently, members of Council and staff have dealt with concerns regarding use of the railway right- of-way by off-road vehicles. The Highway Traffic Act, specifically Ontario Regulation 316/03, as amended regulates the use of off-road vehicles on highways. The Municipality has not passed a by-law pursuant to this regulation to permit off-road vehicles to utilize municipal roadways. Two issues exist: 1) Unauthorized use of the railway right-of-way by off-road vehicles; 2) Use of the railway right-of-way by the Municipality as a highway. RECOMMENDATION 1. THAT Report CAO-41/15 re Railway Right-of-Way be received for information; 2. AND THAT further blockade measures be referred to the 2016 Capital Budget; 3. AND THAT staff be directed to investigate formalizing the portion of the railway right-of-way as a municipal highway,with the Town of Tillsonburg, which provides an access to a residential property. Respectfully Submitted by: Paul Shipway CAO Report CAO-41/15 by Paul Shipway,CAO re Railway Right-of-Wa... Page 205 of 357 co ''s 0 a 0 .4. Geocortex® EEM S ; , Essentials L;,�,II,: %....'roroRclss��r •:_irr• 11 ,ye.inth C .11r{I{Irl. I L4Jt n `'C R s ,'L. • Dutton{Y 7:1•III Y7 '-d FIllg:il J.1.a. p ' >, F xIi-k.• Vienna v1 - „ port•:;1...,:-..goy.: - r _» .= Legend - .� Image ry - �' a - ° _- —,�- ■ Red: Band_1 .+.e +' ■ Js i Green.Band_2 • r .. • ! ,�(._ ■ Blue. Band_3 w • ;'r° t - - ��� World Street Map 44. a Cm 1 O 4 4, 'tom— '"� a 4' F rRr i .. mii-— . .4'Es4IIF?:" ''''' ; . ., V :71 = � fir . �L� •i,i , .. ;- a r • l _,Y -r»z Ax : d. -a r • O IIS Z�N. RE; 1�_ ` -.. tee! - � ', - r f Le.) 1. 6,569 DaaI3D.W N C2INE� Notes --a N/A 333.7 0 166.85 333.7 Meters This map is a user generated static output from an Internet mapping site and is for reference only.Data layers that appear on this map may or may not be WGS_1984_Web_Mercator Auxiliary_Sphere accurate,current,or otherwise reliable. ©Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.Z639-2015 SANDYSHORE FARMS LTD. 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"A", Map No. 15 by removing from the Agricultural(Al)Zone and adding to the Rural Residential(RR) Zone,which lands are outlined in heavy solid lines and marked RR on Schedule"A"to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No.Z456-2003,as amended,is hereby further amended by amending Schedule"A", Map No. 15 by removing from the Agricultural(A1)Zone and adding to the site-specific Special Agricultural (A2-10) Zone, which lands are outlined in heavy solid lines and marked A2-10 on Schedule"A"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 6.12 EXCEPTIONS—Special Agricultural(A2)Zone,by adding the following new subsection. "6.12.10 6.12.10.1 Defined Area A2-10 as shown on Schedule "A",Map 15 to this By-law 6.102.10.2 Minimum Lot Area 40 hectares" 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 Ontario Municipal Board. READ A FIRST AND SECOND TIME THIS 18th DAY OF June 2015. READ A THIRD TIME AND FINALLY PASSED THIS 18th DAY OF June 2015. MAYOR CLERK By-Law Z639-2015 Being a By-law to further amend By-law Z456... Page 207 of 357 r jj il "i-o-GL"LE.A-,NL'.p 1.1,3..12 r M , ' ALF i L,' LOT tP w , ti LOT 20 LOT 21 ''',.4...4E.. (. i LOT E2 ti ( - dT 23 i iii LOT 24 I .., �. e. LOT 25 LOT 2b A 'Ar _ LOT 27 e tOT 25 @ a RR • "---,1„.......,444, ASG i 4.o*lf v. R.Y ., This is Schedule"k to 6y-lawt '''—%F-4-404.I No-Z639-2015,passed the I 113th day of June,.2015f I Mayor - Clerk MUNICIPALITY OF BAYHAM Emend a ZOLA gilh SCHEDULE LPRCA Rego lath.Link NOP NOS.15 " m" .m ME Mb= By-Law Z639-2015 Being a By-law to further amend By-law Z456... Page 208 of 357 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2015-066 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND SWANTECH INDUSTRIES FOR THE PROVISION OF YARD MAINTENANCE ASSOCIATED WITH BY-LAW ENFORCEMENT WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for provision of yard maintenance services associated with By-law Enforcement on an "as needed"basis,within the geographical area of the Municipality of Bayham. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement between the Municipality of Bayham and Swantech Industries for the provision of yard maintenance services associated with by-law enforcement. 2. THAT this by-law shall come into full force and effect upon the final passing. READ A FIRST,SECOND AND THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JUNE 2015. MAYOR CLERK By-Law 2015-066 Being a By-law to authorize the execution of.. Page 209 of 357 Schedule"A" B/L 2015-066 YARD MAINTENANCE SERVICES THIS AGREEMENT made in triplicate this 18th day of June, 2015. BETWEEN SWANTECH INDUSTRIES (hereinafter referred to as the"Contractor") of the First Part -and- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter referred to as the"Municipality") of the Second Part WHEREAS the Municipality of Bayham is desirous of entering into an Agreement for the provision of yard maintenance services associated with By-law Enforcement on an"as needed"basis, within the geographical area of the Municipality of Bayham; AND WHEREAS the Contractor wishes to provide yard maintenance services as requested and specified by the Municipality of Bayham By-law Enforcement Officer, at locations within the Municipality of Bayham; AND WHEREAS in consideration of the payment of the sum of monies as described within the context of this agreement by the Contractor to the Municipality and other good and valuable consideration,the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Municipality grants permission to the Contractor to enter upon lands and perform services as requested for the purpose of yard maintenance by-law compliance. 2. The Contractor agrees to provide yard maintenance services as needed for the lands. 3. The Municipality shall pay to the Contractor 34.00 Dollars per hour plus HST 4. The Contractor agrees to indemnify the Municipality and save it harmless from and against any and all claims, demands, loss, actions, damages, liability, and expenses, in connection with loss of life, personal injury, or damage to property arising from any occurrence on said lands howsoever such claims may arise, providing proof of liability insurance not less than $2,000,000 prior to June 1, 2015 and that the insurance shall name the Municipality of Bayham as an additional insured. -2- By-Law 2015-066 Being a By-law to authorize the execution of... Page 210 of 357 Schedule"A" B/L 2015-066 5. The Contractor will observe and adhere to the standards set out in Appendix "A"attached hereto. 6. The Contractor shall not impede parking, pedestrian or vehicular traffic to the subject lands. 7. The Municipality shall have access to the site and surrounding area at all times. 8. The Contractor shall not subcontract any or all of this agreement without the prior and express approval of the Municipality. 9. This Agreement may be terminated at any time by either party giving the other party 30 days written notice of termination. IN WITNESS WHEREOF the Contractor and the Municipality have hereunto set their hands and Corporate Seals this 18th day of June 2015. SIGNED,SEALED AND WITNESSED THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) ) ) Paul Ens,MAYOR ) ) Lynda Millard,CLERK ) ) CONTRACTOR In the Presence of ) -3 - By-Law 2015-066 Being a By-law to authorize the execution of... Page 211 of 357 Schedule"A" B/L 2015-066 Appendix"A" GROUNDS MAINTENANCE 1. SCOPE OF WORK-GENERAL-LANDSCAPE SERVICE 1.1 Except as otherwise expressly provided the contractor shall furnish all the necessary labour, materials and equipment to perform the work specified in this contract. 1.2 The contractor shall be solely responsible for loss or damage of his equipment and for any material delivered to him from whatsoever source. 1.3 The contractor shall be responsible for all damages caused during the execution of the work and shall impose as little inconvenience as possible on the residents during the performance of this contract. 1.4 All work performed by the contractor shall be executed to the satisfaction of the municipality. 1.5 Failure to provide and maintain a standard of service and workmanship acceptable to the By-Law Enforcement Officer will, at his discretion, result in an alternate contractor being hired to do the work with the cost of the same deducted from payment to the original contractor. Repeated failure to meet Municipal standards of service and workmanship will result in termination of the contract. 2. TERMS OF CONTRACT This contract shall be in force for a period of two years, commencing May 1 in the year in which it has been awarded, and may be renewed for an additional one year at the agreement of both the contractor and the By-Law Enforcement Officer. 3. PAYMENT Invoices shall be submitted on a call out basis due ten(10)days following the commencement of work. -4- By-Law 2015-066 Being a By-law to authorize the execution of.. Page 212 of 357 Schedule"A" B/L 2015-066 4. DESCRIPTION OF WORK 4.1 Provide yard maintenance services associated with By-law Enforcement on an "as needed"basis. Yard maintenance services include but are not limited to: 4.2 All debris shall be picked up and removed prior to mowing operations. 4.3 The municipality shall not pay for travel time between locations. 5 SCHEDULE OF WORK 5.1 Schedule of work is on an"as needed" basis. 5.2 The By-law Enforcement Officer shall have absolute, and unfettered,final discretion on work. -5 - By-Law 2015-066 Being a By-law to authorize the execution of.. Page 213 of 357 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015-067 A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE AN AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES FOR THE PROVISION OF POLICE SERVICES FOR THE ELGIN GROUP MUNICIPALITIES WHEREAS under Section 10 of the Police Services Act, R.S.O. 1990, c.P.15, the Minister of Community Safety and Correctional Services may enter into an agreement with the council of a municipality or jointly with the councils of two or more municipalities for the provision of police services for the municipality or municipalities by the Ontario Provincial Police; AND WHEREAS under Section 4(1)of the Police Services Act, R.S.O. 1990 c.P.15,municipalities are required to provide adequate and effective police services in accordance with its needs; AND WHEREAS the Corporation of the Municipality of West Elgin, the Corporation of the Municipality of Bayham, the Corporation of the Township of Southwold, the Corporation of the Municipality of Central Elgin, the Corporation of the Municipality of Duton/Dunwith and the Corporation of the Township of Malahide(herein after collectively called the"Elgin Group")seek to enter into a single agreement for the provision of Police Services by the Ontario Provincial Police: NOW THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. The Mayor and the Clerk are hereby authorized, on behalf of the Corporation of the Municipality of Bayham to enter into and execute under its corporate seal an agreement for the provision of Police Services with the Minister of Community Safety and Correctional Services of Ontario. 2. The Police Services agreement with the Minister of Community Safety and Correctional Services of Ontario shall also be authorized by the five other Municipalities, being the other members of the Elgin Group. 3. The Police Services agreement will commence on the 1st day of July 2015 and will conclude on the 30th day of June 2021. 4. A copy of said agreement shall remain attached to and form part of this bylaw. 5. This By-law shall come into force and effect upon the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF JUNE 2015. MAYOR CLERK By-Law 2015-067 Being a By-law to authorize an agreement for... Page 214 of 357 The term of this Agreement, made in 4 originally executed copies, is from the l st day of July 2015,to the 30th day of June,2021. AGREEMENT FOR THE PROVISION OF POLICE SERVICES UNDER SECTION 10 OF THE POLICE SERVICES ACT,R.S.O.1990,c.P.15,as am. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES ("Ontario") OF THE FIRST PART AND: THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN THE CORPORATION OF THE MUNICIPALITY OF DUTTON/DUNWICH THE CORPORATION OF THE TOWNSHIP OF MALAHIDE (Herein after collectively called the"Elgin Group") OF THE SECOND PART RECITALS: (a) Under s. 4(1)of the Police Services Act, R.S.O. 1990, c. P.15, as am., the Elgin Group is required to provide adequate and effective police services in accordance with its needs; (b) Under s. 5 of the Police Services Act,the Elgin Group's responsibility for providing police services may be discharged by entering into an Agreement with the Solicitor General under s. 10 of the Act; (c) Pursuant to Order-in-Council 497/2004, the powers assigned to the Solicitor General in law, including those set out in the Police Services Act, have been transferred to the Minister of Community Safety and Correctional Services; therefore, all references to the Minister of Community Safety and Correctional Services shall be deemed to include the powers previously exercised by the Solicitor General; (d) The Elgin Group has expressed its intent to provide police services, in pursuance of its responsibilities under s. 5 of the Police Services Act, by means of this Agreement, as evidenced by by-laws, number , dated Municipality of West Elgin,by-law number ,dated Municipality of Bayham, By-Law 2015-067 Being a By-law to authorize an agreement for... Page 215 of 357 2 by-law number ,dated Township of Southwold, by-law number , dated Municipality of Central Elgin, by-law number ,dated Municipality of Dutton/Dunwich, by-law number ,dated Township of Malahide, copies of which are attached as Schedule"A; (e) This Agreement reflects the intent of the parties to provide an adequate and effective level of police services for the Elgin Group as set out in the"Contract Policing Proposal,"dated May 22nd 2015(attached as Schedule"B"); NOW THEREFORE, in consideration of the premises and covenants herein, the parties agree as follows: 1. The parties warrant that the recitals are true. Definitions 2. In this Agreement: (a) "Annual Billing Statement"means a statement prepared by Ontario and submitted to the Board for review and to the Elgin Group for review and approval which contains: (i)the Elgin Group's police costs for the year following the year in which the statement is prepared, based on, among other items, an estimate of salary, benefit and overtime costs;and (ii)a reconciliation of actual salary,benefit and overtime costs to those billed for the preceding year. (b) "Board"means Elgin Group Police Services Board. (c) "Commissioner"means the Commissioner of the O.P.P. (d) "Detachment Commander" means the O.P.P. officer in charge of Elgin County Detachment. General Provisions 3. Ontario shall provide adequate and effective police services in accordance with the needs of the Elgin Group in compliance with the terms and conditions of the Agreement. The Elgin Group shall pay Ontario for the police services provided under this Agreement in accordance with this Agreement. By-Law 2015-067 Being a By-law to authorize an agreement for... Page 216 of 357 3 4. The Commissioner shall ensure that the Detachment Commander responds appropriately to the Board's objectives and priorities for police services, developed after consultation with the Detachment Commander,pursuant to s. 1 0(9)(b)of the Police Services Act. 5. The Commissioner shall cause the Detachment Commander or his or her designate to report to the Board at mutually agreed upon intervals in accordance with the Police Services Act regarding the provision of police services in and for the Elgin Group. The O.P.P. will, determine the information to be contained in the reports and the format in which they will be provided. 6. (a) For the purposes of s. 10(6) of the Police Services Act, the O.P.P. shall provide police services to the Elgin Group, including the enforcement of mutually agreed upon by-laws. The parties shall annually review this part of the Agreement with a view to revising or updating the list of by-laws requiring O.P.P.enforcement. (b) Municipal Building Code violations overseen by the Elgin Group's building code inspector and those by-laws related to animal control will not form part of this Agreement. Service Levels 7. (a) Ontario shall cause the Commissioner to assign police officers and other persons to duties relating to the police services in and for the Elgin Group so as to provide the Elgin Group adequate and effective policing services. (b) In the event that the Elgin Group requests services dedicated specifically to the Elgin Group,it shall be responsible for all costs associated with those dedicated resources. Liability of Ontario 8. The O.P.P. shall be liable for any damages that may arise as a result of any negligent acts or omissions of its members in the performance of this Agreement. Provincial Services Usage 9. The O.P.P. as legislated by the Police Services Act, must be capable of providing provincial level response that can be mobilized for emergencies, disaster or specialized needs. The O.P.P.may meet this requirement by deploying resources that normally would be assigned to the Detachment that serves the Elgin Group. The O.P.P. shall ensure that in the event resources are deployed to a situation requiring provincial level response, appropriate resources remain available to the Detachment to provide adequate and effective policing to the Elgin Group.The use of O.P.P. officers in cases where there is a provincial obligation to respond will be accounted for as part of the billing model. By-Law 2015-067 Being a By-law to authorize an agreement for... Page 217 of 357 4 Equipment and Facilities 10. Ontario shall supply or cause to be supplied at Ontario's cost all vehicles and equipment reasonably necessary and appropriate for the use of the O.P.P.in providing police services under this Agreement. 11. The parties will enter into negotiations concerning the provision and payment of appropriate buildings and rental agreements, including, but not limited to, location, leasehold improvements,and capital costs where applicable. Adequacy Standards Regulation 12. The O.P.P. shall undertake and be responsible for ensuring that all mandatory standards of adequate and effective police services as required by Ontario Regulation 3/99 under the Police Services Act are met and maintained. 13. The Detachment Commander shall provide the Board with reasonable documentation, as agreed upon between the Board and the O.P.P.,to allow the Board to evaluate the services and satisfy itself that adequate and effective standards and policies are in place. 14. It shall be the responsibility of the Board to monitor the delivery of police services to ensure that the provisions of the Ontario Regulation 3/99 under the Police Services Act are satisfied on an ongoing basis. Cost of Police Services 15. (a) On or before October l'in each year, Ontario shall prepare and deliver to the Board for review and to the Elgin Group for review and approval, the Annual Billing Statement for the following year, together with sufficient documentation and information reasonably necessary to explain and support the billing. (b) The Elgin Group shall review the Annual Billing Statement upon receipt and,within 90 days of such receipt, shall approve the Annual Billing Statement or deliver to Ontario a request to review the Annual Billing Statement. 16. (a) In the event that the Elgin Group fails to approve or request a review of the Annual Billing Statement within 90 days of receipt,the Elgin Group shall be deemed to have approved the Annual Billing Statement. (b) In the event that the Elgin Group requests a review of the Annual Billing Statement as provided in this paragraph, the Annual Billing Statement shall be approved or amended and approved in accordance with Section 17. 17. Where the Elgin Group has delivered to Ontario a request to review the Annual Billing Statement, Ontario shall carry it out expeditiously, and Ontario shall cooperate to permit By-Law 2015-067 Being a By-law to authorize an agreement for... Page 218 of 357 5 such a review to be carried out. If the parties are unable to agree on the Annual Billing Statement,either party may submit the matter to the dispute resolution mechanisms set out in paragraphs 22 and 23. In the event that the Elgin Group delivers a request to review to Ontario, the Annual Billing Statement shall be deemed to apply during the period of review. 18. The Elgin Group shall make monthly installment payments to Ontario no later than the end of the month following the month for which payment is being made, each one being one twelfth of the Annual Billing Statement for that year. Any amounts which have become due and owing shall bear interest at the rate set by the Minister of Finance from time to time. 19. Ontario shall keep all records, statements of account, invoices and any other such documents necessary to support the Annual Billing Statement,and all such records shall be kept for a period of seven years. Ontario shall permit the Elgin Group, upon notice to Ontario, to examine all such records and books of account and conduct a review of the Annual Billing Statement. 20. Upon the approval or deemed approval of the Annual Billing Statement,as provided in this Agreement, adjustments shall be made in the amounts paid by the Elgin Group by installment so that(i)the total amount paid in respect of the preceding year is equal to the amount shown on the approved Annual Billing Statement and(ii)the installments for the year following the year in which the statement is prepared are each equal to one twelfth of the approved Annual Billing Statement. Any amounts payable by one party to the other shall be paid to the appropriate party in the remaining monthly billings for the year following the year in which the statement is prepared. 21. The parties agree that sections 132 and 133 of the Police Services Act will be applied as if the Elgin County Detachment of the O.P.P. was a municipal police force, and as if the Detachment Commander was a Chief of Police. Dispute Resolution Mechanisms 22. (a) The provisions of this paragraph apply in the event of a dispute between the Elgin Group and Ontario concerning fmancial and related issues arising out of the interpretation, application, administration, or alleged violation of this Agreement ("Financial Disputes") or between the Board and the O.P.P. concerning policing issues arising out of the interpretation, application, administration, or alleged violation of this Agreement("Policing Disputes"). (b) In the event that a dispute arises,the Detachment Commander,or representative, and the Elgin Group or the Board, as the case may be, or their representative, shall meet within 30 days of such dispute arising and use all best good faith efforts to resolve the dispute. By-Law 2015-067 Being a By-law to authorize an agreement for... Page 219 of 357 6 (c) If the dispute remains unresolved, the Regional Commander, or representative, and the Elgin Group or the Board, as the case may be, or representative, shall meet and use all best good faith efforts to resolve the dispute. (d) If the dispute remains unresolved, the Commissioner, or Deputy Commissioner, and the Elgin Group or the Board, as the case may be, or representative, shall meet and use all best good faith efforts to resolve the dispute. (e) If a Financial Dispute remains unresolved,the issue may be referred to mediation by either party,and each party shall use all best good faith efforts to resolve the dispute. 23. (a) Financial Disputes that cannot be resolved through any of the methods described within paragraph 22, may be referred to and settled by binding arbitration. The provisions of the Arbitration Act, 1991 shall apply to any such arbitration, unless otherwise indicated below: i) The language of the arbitration shall be English. ii) The place of the arbitration shall be in Elgin County. iii) Each party agrees that the arbitration shall be conducted in a summary manner to ensure a full hearing in a cost effective and efficient manner. iv) Each party shall make prompt full disclosure to the other and, subject to the availability of an arbitrator the arbitration shall be commenced within 30 days of the conclusion of the meeting with the Commissioner, or the mediator, if applicable. v) Each party shall be responsible for its own legal expenses and for an equal share of the fees and expenses of the arbitration and any other related expenses. Section 54 of the Arbitration Act shall not apply;the arbitrator shall have no right to make an award relating to costs. vi) The parties shall have no right of appeal to a final decision of an arbitrator. (b) Policing Disputes shall not be subject to mediation or arbitration. (c) Neither party shall be entitled to proceed to mediation or arbitration until all of the meetings referred to in paragraphs 22 have been held, and each party undertakes to exert all best good faith efforts to resolve the dispute in those meetings. (d) Mediations or arbitrations of disputes conducted under this Agreement shall remain closed to the public. All parties to any dispute shall keep all details, admissions or communications made in the course of the dispute resolution process strictly confidential,nor shall such information be admissible in any legal proceeding,except as follows: i) on consent of all parties; ii) as may be ordered by a court of competent jurisdiction; iii) the final decision of the arbitrator may be released. By-Law 2015-067 Being a By-law to authorize an agreement for... Page 220 of 357 7 (e) Each of the meetings outlined in paragraph 22 shall be commenced no earlier than 15 days, and concluded no more than 30 days, from the conclusion of the prior stage unless the parties otherwise agree. (f) Notwithstanding any of the above provisions, nothing in this Agreement shall be construed so as to give the Elgin Group or the Board the right to alter any policy of the O.P.P. or the Ministry. Nothing in this Agreement shall be construed so as to give the Elgin Group or the Board, the right to supercede or vary the duties and obligations of the Solicitor General pursuant to s. 3(2)of the Police Services Act, or of the Commissioner pursuant to s. 17 and s. 41 of the Police Services Act, and further, the rights of the Elgin Group and the Board pursuant to the Agreement are subject to the Elgin Group's obligations under s.4 of the Police Services Act. Detachment Commander Selection 24. The Detachment Commander shall be selected from a short-listed pool of candidates as determined by the O.P.P. in accordance with its relevant provincial policies. Following the formulation of the short-list, a joint committee consisting of Board members and persons nominated by the Commissioner, shall select the successful candidate in accordance with the process set out in the OPP's provincial policies. Notice 25. Any notice, statement, invoice or account to be delivered or given by any of the below listed groups to any other of them shall be delivered to all other groups in writing and sent by mail addressed to those groups at their respective address as listed below,or sent by fax transmission to the fax number listed below. Any notice, statement, invoice or account sent by mail shall be deemed to be received on the third day following the date of mailing unless shown to the contrary and if sent by fax shall be deemed to be received on the date of transmission. Any group may change its address and fax number by giving notice provided herein: i) to Ontario addressed to: The Minister of Community Safety and Correctional Services,25 Grosvenor Street, 11th Floor,Toronto,Ontario,M7A 1Y6,FAX number (416)325-6067. ii) to the Commissioner addressed to: The Commissioner, Ontario Provincial Police, 777 Memorial Avenue, Ori11ia, Ontario, L3V 7V3, to the attention of the Manager, Municipal Policing Bureau,FAX number(705)330-4191. iii) to the Elgin Group addressed to: The Municipality of West Elgin, 22413 Hoskins Line, P.O. Box 490, Rodney, Ontario,NOL 2CO3 FAX number(519)785-0644. By-Law 2015-067 Being a By-law to authorize an agreement for... Page 221 of 357 8 The Municipality of Bayham, 9344 Plank Road, P.O. Box 160, Straffordville, Ontario,NOJ 1YO,FAX number(519)866-3884. The Township of Southwold, 35663 Fingal Line, General Delivery, Fingal, Ontario NOL 1KO,FAX number(519)769-2837. The Municipality of Central Elgin, 450 Sunset Drive, St. Thomas, Ontario, N5R 5V1,FAX number(519)631-4036. The Municipality of Dutton/Dunwich, 199 Currie Road, P.O. Box 329, Dutton, Ontario,NOL 1J0,FAX number(519)762-2278. The Township of Malahide, 87 John Street South,Aylmer, Ontario,N5H 2C3, Fax number(519)773-5334. iv) to the Board addressed to: The Elgin Group Police Services Board, C/O CAO Mark McDonald,County of Elgin,450 Sunset Drive, St. Thomas Ontario,N5R 5V1,FAX number(519)633-7661. Commencement and Termination of Agreement 26. Notwithstanding the date upon which this Agreement is signed,the term of this Agreement shall commence on the l9t day of July 2015, and shall conclude on the 30th day of June 2021. 27. Either party to this Agreement may terminate this Agreement upon one year written notice of termination to the other party, in which case this Agreement shall terminate one year following the delivery of such notice. Should a notice to terminate be given, the Elgin Group shall continue to be obligated to pay for the cost of providing police services under this contract to and including the date of such termination and Ontario shall continue to be responsible to provide the services outlined in this Agreement. 28. Should the Elgin Group's designated responsibility to provide policing under the Police Services Act be changed, either by statute or government interpretation, the Elgin Group maintains its right upon being so informed to give written notice of its intention to terminate this Agreement forthwith. Entire Agreement 29. This Agreement and the schedules attached constitute the entire Agreement between the parties, and there are no representations, warranties, collateral agreements or conditions affecting this Agreement or the relationship of the parties or supported hereby other than as expressed herein in writing. Any amendment to this Agreement must be in writing, duly executed by the parties. By-Law 2015-067 Being a By-law to authorize an agreement for... Page 222 of 357 9 IN WITNESS WHEREOF, the Elgin Group has affixed its Corporate Seal attested by the signature of its duly authorized signing officers and the Minister of Community Safety and Correctional Services has personally signed this Agreement to be effective as of the date set out herein. FOR ONTARIO The Minister of Community Safety and Correctional Services FOR THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN; Mayor,Reeve,etc(as appropriate) Chief Administrative Officer or Clerk(as appropriate) Date signed: FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM; Mayor,Reeve,etc(as appropriate) Chief Administrative Officer or Clerk(as appropriate) Date signed: By-Law 2015-067 Being a By-law to authorize an agreement for... Page 223 of 357 10 FOR THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD; Mayor,Reeve,etc(as appropriate) Chief Administrative Officer or Clerk(as appropriate) Date signed: FOR THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN; Mayor,Reeve,etc.(as appropriate) Chief Administrative Officer or Clerk(as appropriate) Date signed: By-Law 2015-067 Being a By-law to authorize an agreement for... Page 224 of 357 11 FOR THE CORPORATION OF THE MUNICIPALITY OF DUTTON/DUNWICH; Mayor,Reeve,etc.(as appropriate) Chief Administrative Officer or Clerk(as appropriate) Date signed: FOR THE CORPORATION OF THE TOWNSHIP OF MALAHIDE; Mayor,Reeve,etc.(as appropriate) Chief Administrative Officer or Clerk(as appropriate) Date signed: - By-Law 2015-067 Being a By-law to authorize an agreement for... Page 225 of 357 SCHEDULE "A" BY-LAW OF THE MUNICIPAL COUNCIL By-Law 2015-067 Being a By-law to authorize an agreement for... Page 226 of 357 SCHEDULE "B" PROPOSAL FOR POLICE SERVICES By-Law 2015-067 Being a By-law to authorize an agreement for... Page 227 of 357 .PP. g THE ELGIN GROUP Contract Policing Proposal Prepared by Sgt.Dino Tsitomeneas Ontario Provincial Police Municipal Policing Bureau May 22nd 2015. l By-Law 2015-067 Being a By-law to authorize an agreement for... Page 228 of 357 Table of Contents Executive Summary 3 OPP Annual Billing Statement 6 OPP Contacts 8 2 By-Law 2015-067 Being a By-law to authorize an agreement for... Page 229 of 357 Executive Summary The Ontario Provincial Police (OPP) has over 100 years of experience in providing effective community-based policing and protection throughout Ontario. The OPP has provided municipal police services under contract for over 60 years and currently maintains contracts with over 140 communities across Ontario. The Elgin Group requested a costing for OPP municipal policing. This proposal is based on the Elgin Group paying an amount equal to the sum of the Elgin Group's allocated portion of the OPP's total municipal policing base and calls for service costs and the costs for overtime, cleaning/caretaker,accommodation, court security and offender transport as applicable. Where a municipality chooses to receive police services from the OPP pursuant to a contract,the OPP will provide the level of police services required to provide adequate and effective policing, including providing the services set out in Regulation 3/99, Adequacy and Effectiveness of Police Services under the Police Services Act. This proposal reflects the integrated policing concept, incorporating a police services contract for the Elgin Group with OPP highway patrol services and provincial responsibilities under one administration. The Elgin County OPP Detachment will remain as the Administration/Operations Centre. The resources will be deployed to the municipality from this facility. The Elgin County Detachment Commander will be responsible to oversee all aspects of service delivery. The detachment management including Staff Sergeant and Sergeant/ Platoon Leaders as applicable would provide assistance and supervision to members of the Elgin County Detachment. In order to provide a location for the police and public to interact, and to facilitate the delivery of police services in a community, the OPP encourages the establishment of Community Policing Offices (CPOs). Where such offices exist they are usually equipped with telephone and computer capabilities for use by officers assigned to the municipality. Any decision on the establishment of a CPO in the Elgin County rests entirely with township council and any associated costs will be the responsibility of the Elgin Group. It is recommended that any CPO located within the group be maintained. In consultation with the Police Services Board it is the intent that all existing community service programs and community policing committees will be maintained. Any new community service program considered may be implemented after consultation with the Elgin Group Council, the Elgin Group Police Services Board and the Elgin County Detachment Commander. When a municipality chooses to receive police services from the OPP under contract, the OPP will ensure that the municipality receives adequate and effective police services in accordance with the Police Services Act and regulations. The shared infrastructure of the OPP broadens local access to resources, expertise, solutions, training and management without duplicating services. The Elgin Group will continue to benefit as additional staff are readily available from within the Elgin County OPP Detachment as well as neighboring detachments and regions, should the need arise. 3 By-Law 2015-067 Being a By-law to authorize an agreement for... Page 230 of 357 The Elgin Group will be required to establish a Police Services Board, as mandated by Section 10 of the Police Services Act that will generally determine objectives and priorities for police services within the community, after consultation with the Detachment Commander. The Commissioner is committed to ensuring that the Detachment Commander of the Elgin County OPP Detachment responds appropriately to the Board's advice and priorities in a manner consistent with the Board's identified concerns,expectations and needs. It is long-standing OPP policy and practice to be accountable to the communities we serve. The Commander of the Elgin County OPP detachment, or designee, will report to the Police Services Board on a regular basis, as per the direction of the Board. The OPP is experienced in being accountable to the municipalities we serve. With over 100 Contracts currently in place and future contracts pending, there is great emphasis placed on OPP accountability to Police Services Boards. The OPP is required to provide provincial level emergency response that can be mobilized in times of emergency, disaster or a specialized investigative need. The OPP meets such emergent needs, on an on-call, as-needed basis, by deploying small numbers of officers from multiple locations and assignments, both provincial and municipal. During such times, the OPP is responsible to ensure that appropriate resources remain in place to make certain the municipality receives adequate and effective police services in accordance with the Police Services Act and regulations. The use of OPP officers in cases where there is a provincial obligation to respond will be accounted for as part of the billing model. if the Elgin Group chooses to accept an OPP contract for its policing service, the Elgin County OPP Detachment will assign resources, focusing on meeting the Elgin Group's unique policing needs. Value for the Elgin Group; • Assurance of adequacy and effectiveness of police services; • Dedication to resolving community issues through focal involvement and community policing committees; ▪ Availability of additional staffing support from neighboring detachments, regional headquarters and general headquarters; • Seamless access to a comprehensive infrastructure and specialized services;and • Assists the Detachment Commander in determining the local policing priorities and objectives through the Elgin Group Police Services Board. Based on, among other things,an estimate of salary and benefit costs, the policing cost for 2015 associated with this proposal is $6,110,621. The annual billing statement is set out in the attachment to this proposal. 4 By-Law 2015-067 Being a By-law to authorize an agreement for... Page 231 of 357 Please Note: Not included in this proposal are: • The cost of maintaining the Police Services Board ■ The costs associated with establishing and maintaining Community Policing Office(s) • Any applicable revenues accruing to the municipality as a result of police activity (*Note—This proposal expires six months from the date of presentation to Council. At that time the costs identified in the proposal will be subject to review and revision where necessary.). 5 By-Law 2015-067 Being a By-law to authorize an agreement for... Page 232 of 357 OPP Annual Billing Statement Elgin Group Annualized 2015 Estimated Costs(Effective July 1,2015) Excluding Enhancements (see notes) Cost per Property $ Base Service Property Counts Household 17,249 Commercial and Industrial 1,020 Total properties 187$9 $200 51 $3,663,117 Calls for Service Total all municipalities $138,122,392 Total municipal portion 1.4523% $109 80 $2,005,892 Overtime $9 51 $173,659 Court Security $8 04 $146,861 Prisoner Transportation (per property cost) $241 $44,028 Accommodation/Cleaning (per property cost) $4 82 $88,057 Total 2015 Calculated Cost before Phase-In Adjustment $335.08 $6,121,614 2015 Phase-In Adjustment Billing Summary Final Reconciled 2014 Costs (see notes) Total $5,900,615 Actual 2015 Phase-In Adjustment (total net decrease) $10,993 Total Billing for 2015 $334.48 $6,110,621 6 By-Law 2015-067 Being a By-law to authorize an agreement for... Page 233 of 357 Additional Notes to the"OPP Annual Billing Statement": • The Annual Billing Statement for this group contract is based on the sum of the total of the cost estimates determined for the Township of Southwold, Municipality of Bayham, Municipality of West Elgin, Municipality of Central Elgin, Municipality of Dutton/Dunwich, and the Township of Malahide. • The Annual Billing Statement is determined based on the new OPP billing model effective January 1,2015. • The Annual Billing Statement is a statement of 2015 costs based on an estimate of salary, benefits and overtime costs. Salary, benefits and overtime costs are estimates and are subject to a final year end adjustment. ▪ As a result of the implementation of the new OPP billing model municipal policing costs are subject to Phase-in Adjustments for the calendar years 2015 to 2019. The 2015 phase-in adjustment is dependent on the final 2014 cost. Phase-in adjustments are subject to change and are based on an annual determination: o If the municipality is subject to an increase between the final 2014 cost and the 2015 cost, the increase will be capped to a maximum of $40 increase per property. The capped increase of $40 plus the growth factor per property cost will be applicable for each subsequent year until the full cost is realized. o The growth factor is a set per property cost for all municipalities dependent upon general increases in salary, benefits, support costs and other direct operating expenditures. o If the municipality is subject to a decrease between the final 2014 cost and the 2015 cost it will be limited to the per property reduction limit applicable to the year. o The per property reduction limit is an annual per property amount determined for all municipalities. The per property reduction limit is subject to change each year based upon the determination of the funding required to offset the capped increases for all municipalities. • The phase-in adjustment for this group contract estimate is based on the total of the phase-in adjustments for each of the municipalities under the contract, i.e.the Township of Southwold, Municipality of Bayham, Municipality of West Elgin, Municipality of Central Elgin, Municipality of Dutton/Dunwich, and the Township of Malahide. • For calculation of the Phase-in Adjustment for 2015 the following costs were removed from the Final Reconciled 2014 Costs: o Revenue collected on behalf of the Municipalities o One(1)Desktop Computer o One(1)Administrative Vehicle 7 By-Law 2015-067 Being a By-law to authorize an agreement for... Page 234 of 357 O.P.P. Contacts Please forward any questions or concerns to Inspector Brad Fishleigh, Detachment Commander, Elgin Detachment or Sergeant Dino Tsitomeneas, Contract Policing Analyst, OPP Municipal Policing Bureau General Headquarters. Inspector Brad Fishleigh (519)631-2920 Sergeant Dino Tsitomeneas (519) 871-0163 8 By-Law 2015-067 Being a By-law to authorize an agreement for... Page 235 of 357 BY-LAW NUMBER 2015-068 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO REGULATE ENCROACHMENTS ON PUBLIC LANDS WHEREAS the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that a municipality may pass by-laws within the following spheres of jurisdiction: Highways, including parking and traffic on highways at Section 11(3) 1; Culture, parks, recreation and heritage at Section 11(3)5 and Structures, including fences and signs at Section 11(3)7; AND WHEREAS Section 8 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act, 2001 S.O. 2001, c.25, as amended; AND WHEREAS Section 9(1)of the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that Section 8 and Section 11 shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate and enhance their ability to respond to municipal issues; AND WHEREAS Section 391(c)of the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that a municipality may pass by-laws imposing fees or charges on any class of persons for the use of its property including property under its control; AND WHEREAS Section 446(1)of the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that a municipality may proceed to do things at a person's expense which that person is otherwise required to do under a By-law or otherwise but has failed to do; AND WHEREAS Section 446(3)of the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that the costs incurred by a municipality in doing a thing or matter under Section 446(1) may be recovered by adding the costs to the tax roll and collecting them in the same manner as taxes; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS A BY-LAW AS FOLLOWS: SHORT TITLE This By-law shall be known and may be cited as the "Encroachment By-law". Section 1-Definitions For the purpose of this By-law: 1.1 "Applicant"shall include an owner seeking an Encroachment Agreement, or renewal of an Encroachment Agreement. 1.2 "Clerk"shall mean the Clerk of the Corporation of the Municipality of Bayham. 1.3 "Council"shall mean the Council of the Corporation of the Municipality of Bayham. 1.4 "Easement"shall mean an interest in land owned by another person, consisting in the right to use or control the land, or an area above or below it,for a specific limited purpose, but does not include an interest created by a licence agreement. By-Law 2015-068 Being a By-law to regulate encroachments on... Page 236 of 357 1.5 "Encroachment"shall mean any type of vegetation, man-made object or item of personal property of a person which exists wholly upon, or extends from a person's premises onto, public lands and shall include any aerial, surface or subsurface encroachments: (a) "aerial encroachment"shall mean an encroachment that is located at least thirty (30)centimeters above the surface of public lands; (b) "surface encroachment"shall mean an encroachment that is located anywhere between the following: the surface of public lands to a height less than thirty(30) centimetres and beneath the surface of public lands to a depth of not more than three (3)centimetres; (c) "sub-surface encroachment"shall mean an encroachment that is located beneath the surface of public lands to a depth exceeding three (3)centimetres. 1.6 "Encroachment Agreement"shall mean an agreement prepared by the Municipality for execution by the Municipality and an owner granted authorization to erect, place or maintain an encroachment. 1.7 "Expense"shall mean any and all sums of money actually spent or required to be spent by the Municipality, and shall include but not be limited to all charges, costs, a twenty five percent(25%)administrative fee, taxes, outlays, legal fees and losses. 1.8 "Highway"shall mean a highway within the meaning of The Municipal Act, 2001 S.O. 2001, c.25, as amended. 1.9 "Municipality"shall mean the Corporation of the Municipality of Bayham. 1.10 "Officer"shall mean a Municipal Law Enforcement Officer appointed by Municipality of Bayham By-law, a Police Officer. 1.11 "Owner"shall mean the registered owner of a parcel of property as such person is described in the most current assessment roll. 1.12 "Person"shall include an individual, a sole proprietorship, a partnership, an unincorporated association, a trust, a body corporate or a natural person. 1.13 "Personal Property" means any object or item of property other than real property. 1.14 "Planning Coordinator/Deputy Clerk"shall mean the Planning Coordinator/Deputy Clerk of the Corporation of the Municipality of Bayham. 1.15 "Premises" means a parcel of real property under registered ownership and includes all buildings and structures thereon. 1.16 "Public Lands" means lands owned by, leased, licensed to or under the management of the Municipality, and shall include but not be limited to any public highway, road, street, avenue, parkway, lane, alley, square, place, viaduct or trestle, water, thoroughfare, way or bridge, park, woodland, greenbelt, storm water management facility, open space, cemetery, and all parts thereof, including any surface, grassed area, boulevard, ditch, curb, gutter and sidewalk. 1.17 "Right-of-Way"shall mean a person's legal right, established by usage, deed or by contract, to pass through grounds or private property which affords access to abutting lots and does not include a highway. 1.18 "Sign"shall mean any structure or device, intended for identification or advertisement, 2 By-Law 2015-068 Being a By-law to regulate encroachments on... Page 237 of 357 visible to the general public. 1.19 "Unauthorized Encroachment"shall mean any encroachment not authorized by this By- law. Section 2-General Prohibitions 2.1 No person shall erect, place or maintain, or cause to be erected, placed or maintained, an encroachment of any kind on public lands, or on any right-of-way or easement in favour of the Municipality, except where permitted to do so in accordance with this By- law. 2.2 Notwithstanding Section 2.1 of this By-law, the provisions of this By-law do not apply to the following classes of encroachments: (a) Signs and Advertising Devices, as authorized by the Municipal Sign By-law; (b) Encroachments permitted as a result of a written and signed agreement with the Municipality, other than an Encroachment Agreement; Section 3-Request for Encroachment ENCROACHMENT AGREEMENT APPLICATION FEES 3.1 All Encroachment Agreement application fees are for administrative purposes and are, therefore, non-refundable if the application is refused for any reason or is withdrawn by the Applicant prior to the issuance of an Encroachment Agreement. 3.2 The Encroachment Agreement application fee shall be as set out in Schedule 'A'to this By-law, and shall be reflected in the Municipal Fees By-law. ENCROACHMENT AGREEMENT APPLICATION-FULL INFORMATION REQUIRED 3.3 Every Applicant shall provide in full a complete application, at the time the application is submitted or the Planning Coordinator/Deputy Clerk shall not accept the application. 3.4 Every Applicant shall provide in full a complete application, at the time the application is submitted, all of the information required on the application and shall provide: (a) payment of the prescribed Encroachment Agreement Application fee set out in Schedule 'A' of this By-law; (b) any other document or information as may be required in any other Section of this By-law; (c) any other affidavit, document or information as may be requested by the Planning Coordinator/Deputy Clerk at any time during the term of the Encroachment Agreement. (d) proof that the need for the encroachment is reasonable, feasible and no alternative option exists. In addition the encroachment must not jeopardize the health or safety of the public and must be in the public's best interest and must be minor in nature. ENCROACHMENT AGREEMENT APPLICATION-SUBJECT TO APPROVAL 3.5 Every Encroachment Agreement application will be subject to investigations by and comments or recommendations from such municipal or provincial departments or 3 By-Law 2015-068 Being a By-law to regulate encroachments on... Page 238 of 357 agencies as the Planning Coordinator/Deputy Clerk deems necessary, or as directed by Council, including but not limited to: (a) Ontario Provincial Police, (b) Health Department, (c) Fire Department, INCOMPLETE APPLICATION 3.6 Any Encroachment Agreement application that does not comply with the provisions of Section 3.4 of this By-law, shall be deemed incomplete and shall be returned by registered mail to the applicant pursuant to Section 3.10 of this By-law. 3.7 Any Encroachment Agreement application that has not received approvals from all municipal or provincial departments or agencies as the Planning Coordinator/Deputy Clerk deems necessary within ninety(90)days from the date of the filing of the application, due to the Applicant's inability to comply with the requirements, shall be deemed to be incomplete. INFORMATION HELD IS OPEN TO INSPECTION 3.8 Any application, comment, recommendation, information, document or thing in the possession of the Planning Coordinator/Deputy Clerk pursuant to the provisions of this By-law shall be made available by the Planning Coordinator/Deputy Clerk for an inspection: (a) by any Officer employed in the administration or enforcement of this By-law; and (b) by any other person upon the consent, satisfactory to the Planning Coordinator/Deputy Clerk, of the person, civic department, board, commission, authority or other agency which produced or submitted the application, comment, recommendation, information, document or thing; subject only to the limitations imposed by the Municipal Freedom of Information and Protection of Privacy Act. R.S.O. 1990, CHAPTER M.56, as amended. Notice 3.9 Every Encroachment Agreement owner shall notify the Planning Coordinator/Deputy Clerk in writing within ten (10)days of any change in his mailing address and shall be sent to: Municipality of Bayham Planning Coordinator/Deputy Clerk P.O. Box 160 9344 Plank Rd. Straffordville, ON NOJ 1Y0 3.10 Any notice or request made pursuant to this By-law may be given in writing by registered mail and is effective: (a) on the date on which a copy is hand delivered to the person to whom it is addressed; (b) on the fifth (5th)day after a copy is sent by registered mail to the person's last known address. 3.11 For the purpose of Section 3.10 of this By-law, the Encroachment Agreement owner's last known address shall be deemed to include that provided pursuant to Section 3.4 of this By-law as they may be changed pursuant to Section 3.9 of this By-law. 4 By-Law 2015-068 Being a By-law to regulate encroachments on... Page 239 of 357 CONTRAVENTION OF OTHER LAWS PROHIBITED 3.12 The issuance or renewal of an Encroachment Agreement under this By-law is not intended and shall not be construed as permission or consent by the Municipality for the Encroachment Agreement owner to contravene or to fail to observe or comply with any law of Canada or Ontario or any other By-law of the Municipality or the County of Elgin. 3.13 Where a request to erect, install or maintain an encroachment has been approved, the Clerk shall prepare an Encroachment Agreement, and once the Applicant has been notified in writing that the Encroachment Agreement is ready for execution, the Applicant shall have thirty(30)calendar days to execute same. Section 4-Registration of Agreement 4.1 Where the Planning Coordinator/Deputy Clerk deems it appropriate, an Encroachment Agreement may be registered against title to the Encroachment Applicant's property in the Land Registry Office and all expenses in doing so shall be paid for in advance by the Applicant. Section 5-Authority of the Planning Coordinator/Deputy Clerk 5.1 The Planning Coordinator/Deputy Clerk shall have delegated authority to: (a) approve or reject any application submitted for an Encroachment Agreement; and (b) impose such terms and conditions to any request and/or Encroachment Agreement as the Planning Coordinator/Deputy Clerk may deem appropriate; and (c) determine whether any Encroachment Agreement expiring on a date after the date of enactment and passage of this By-law shall be renewed and/or extended. Section 6-Revocation 6.1 The execution of an Encroachment Agreement in respect of an encroachment does not create any vested right in the owner or occupant of the premises to which the encroachment is appurtenant, or in any other person, and the Encroachment Agreement may be revoked in accordance with the terms set out therein. Section 7-Access to Encroachments 7.1 No person shall obstruct, hinder or interfere with the free access to any encroachment by an employee, officer or agent of the Municipality. Section 8-Discontinuance of Encroachments 8.1 The Planning Coordinator/Deputy Clerk may revoke an Encroachment Agreement: (a) If the owner of any premises to which an encroachment is appurtenant desires to permanently discontinue the encroachment. The owner shall notify the Planning Coordinator/Deputy Clerk in writing and the Planning Coordinator/Deputy Clerk shall thereafter cause a notice to be sent to the owner by an Officer advising that the encroachment shall be removed or filled in and closed up, and the public lands shall be restored to their former condition by the owner at his own expense; (b) If the Planning Coordinator/Deputy Clerk is at any time of the opinion that a breach of the terms and conditions attached to an Encroachment Agreement has 5 By-Law 2015-068 Being a By-law to regulate encroachments on... Page 240 of 357 occurred and that the encroachment should be discontinued, or where an Encroachment Agreement has expired, the Planning Coordinator/Deputy Clerk shall cause a notice to be sent to the owner advising that the encroachment be removed or filled in and closed up, and the public lands be restored to their former condition by the owner at his own expense; 8.2 Where an owner fails to comply with the notice described in Section 8.1 of this By-law, within a minimum of ninety-six(96) hours of receipt of same, the encroachment may be removed or filled in and closed up by an Officer, and the public lands restored to their former condition at the expense of the owner, such expense to be recovered in full in the manner provided in Section 11 of this By-law, and until the encroachment is so removed or filled in and closed up and the public lands restored to their former condition, all expenses incurred by the Municipality in respect thereto shall continue to be paid by the owner. 8.3 Every Person served with a Notice under Section 8.1 of this by-law shall comply with such Notice within the time provided by such Notice. Section 9-Emergency Situations 9.1 If an Officer deems that an emergency exists or may exist as a result of any encroachment being or about to become a source of danger to the health and safety of the public, the Officer may: (a) notify in writing the owner of the premises to which the encroachment is appurtenant, requiring the repair, removal,filling in or closing up of the encroachment and restoration of the public lands to their former condition at the expense of the owner, so that the encroachment is no longer deemed to be a source of danger or potential danger to the public by the Officer, and/or (b) take such measures on behalf of the owner,without notice to the owner, as the Officer may deem necessary to remove the danger or potential danger created by the encroachment. 9.2 Where the notice in Section 9.1(a)of this By-law is not complied with within ninety-six (96) hours of the date of the notice, an Officer may, on behalf of the owner shall, remove, fill in or close up the unauthorized encroachment and restore the public lands to their former condition at the expense of the owner, such expense to be recovered in full in the manner provided in Section 11 of this By-law. 9.3 Where the Officer elects to take any action under Section 9.1(b)of this By-law, the expenses incurred by the Municipality in so doing shall be recovered in full in the manner provided in Section 11 of this By-law. Section 10-Removal of Unauthorized Encroachments 10.1 Where the Municipality becomes aware of an unauthorized encroachment, an Officer shall give notice in writing to the owner of the premises to which an unauthorized encroachment is appurtenant, to forthwith remove,fill in or close up the encroachment and to restore the public lands to their former condition at the expense of the owner. 10.2 Where the notice in Section 10.1 of this By-law is not complied with within ninety-six(96) hours of the date of the notice, an Officer shall, on behalf of the owner, remove,fill in or close up the unauthorized encroachment and restore the public lands to their former condition at the expense of the owner, such expense to be recovered in full in the 6 By-Law 2015-068 Being a By-law to regulate encroachments on... Page 241 of 357 manner provided in Section 11 of this By-law. 10.3 Any materials or structures forming part of or attached to the encroachment and removed by an Officer shall, at the discretion of the Officer, either be deposited at the owner's premises or be stored for a minimum of ninety-six(96) hours at the owner's expense, such expense to be recovered in full in the manner provided in Section 11 of this By-law. Any item so stored and not claimed by the owner within said minimum ninety-six(96) hour period shall be disposed of by the Municipality in such manner as it deems appropriate. 10.4 Every Person served with a Notice under Section 10.1 of this by-law shall comply with such Notice within the time provided by such Notice. Section 11-Recovery of Expenses 11.1 All expenses incurred by the Municipality in connection with the enforcement of this By- law shall be paid within thirty(30)days of their billing date, and in the event of failure to pay the entire amount due within said thirty(30)days, at the discretion of the Municipality, the outstanding balance of the invoice may thereafter be added to the tax roll as of the year in which the expenses were billed. 11.2 The Municipality may also recover all expenses owing under this By-law by a court action as a debt due to the Municipality. Section 12-Infractions and Penalties 12.1 Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence, exclusive of costs, as provided for in the Provincial Offences Act, R.S.O. 1990, c.P.33, as may be amended from time to time. Section 13-Prohibition Order 13.1 When a person has been convicted of an offence under this By-law, (a) the Superior Court of Justice, or (b) any other court of competent jurisdiction, may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence. Section 14-Administration ADMINISTRATION OF BY-LAW 14.1 Unless otherwise indicated, the administration of this By-law is assigned by Council to the Planning Coordinator/Deputy Clerk who may delegate the performance of his functions under this By-law from time to time as occasion requires. 14.2 In this By-law, unless the contrary intention is indicated,words used in the singular shall include the plural and words used in the male gender shall include the female gender or vice versa,where applicable. 7 By-Law 2015-068 Being a By-law to regulate encroachments on... Page 242 of 357 Section 15- Enforcement ENFORCEMENT OF BY-LAW 15.1 An Officer shall be responsible for the enforcement of this By-law. 15.2 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer or the Clerk while exercising any power or performing any duty under this By-law. 15.3 If there is a conflict between a provision in this By-law and a provision of any other Municipal By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. Section 16-Exceptions and Grandfatherinq 16.1 Notwithstanding Section 2.1 of this By-law, any encroachment authorized under an Encroachment Agreement determined by the Clerk to be valid and binding at the date of enactment of this By-law, shall not require further authorization pursuant to this By-law until the Encroachment Agreement has expired or is terminated. 16.2 Subject to Section 16.1 of this By-law, this By-law shall apply to all encroachments which existed or were created before this By-law was enacted and passed. Section 17—Severability 17.1 In the event any section or provision of this By-law is held invalid, the remainder of the By-law shall continue in force. 17.2 This By-law shall come into full force and effect on the date of its passing by Council. READ a FIRST, SECOND and THIRD TIME and finally passed this 18th day of June, 2015. PAUL ENS MAYOR LYNDA MILLARD CLERK 8 By-Law 2015-068 Being a By-law to regulate encroachments on... Page 243 of 357 SCHEDULE 'A' ENCROACHMENT BY-LAW BY-LAW 2015-068 ITEM FEE Encroachment Agreement Application $300.00 (Non-Refundable) 9 By-Law 2015-068 Being a By-law to regulate encroachments on... Page 244 of 357 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2015-069 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN LIGHTHOUSE GOSPEL CHURCH TRUSTEES AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS subsection 41(2) of the Planning Act, R.S.O. 1990 Chapter P.13 provides in part that where in an official Plans an area is shown or described as a proposed site Plans 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 pursuant to Section 41 of the said Planning Act. AND WHEREAS subsection 41 (4)of the said Planning Act provides in part that no person shall undertake any development in an area designated under subsection (2)unless the Council of the municipality or, where a referral has been made under subsection (12), the Municipal Board has approved one or both,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 Lighthouse Gospel Church Trustees. 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 Lighthouse Gospel Church Trustees 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 18th day of June 2015. READ A THIRD TIME AND FINALLY PASSED this 18th day of June 2015. MAYOR CLERK By-Law 2015-069 Being a By-law to authorize the execution of... Page 245 of 357 Schedule"A"to By-law 2015-069 SITE PLAN AGREEMENT BETWEEN LIGHTHOUSE GOSPEL CHURCH TRUSTEES Plan 12 Part Unnumbered Lot Roll#34-01-002-001-07900 AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM By-Law 2015-069 Being a By-law to authorize the execution of.. Page 246 of 357 THIS AGREEMENT made in duplicate this 18th day of June 2015. BETWEEN: LIGHTHOUSE GOSPEL CHURCH TRUSTEES Hereinafter called the"OWNER" OF THE FIRST PART _AND_ THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the"MUNICIPALITY" OF THE SECOND PART WHEREAS the Owner is the Owner Trustess in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Plan 12 Part Unnumbered Lot, more particularly described in Attachment "A" attached hereto (and hereafter referred to as the "Lands"); AND WHEREAS the Official Plan of the Municipality of Bayham in effect, designates the entirety of the Municipality as a Site Plan Control Area; AND WHEREAS the Owner intends to develop lands in accordance with the Site Plan drawings attached hereto,as Attachment"C"(and hereafter referred to as the"Plans"); AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan Agreement with Lighthouse Gospel Church Trustees. NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars($2.00)of lawful money of Canada by each to the other paid(the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Municipality as follows: 1. The Owner agrees that no building permit will be available until the Agreement has been approved by the Municipality, and further agrees that work will not commence prior to the issuance of the building permit. 2. The following Attachments, which are identified by the signatures of the parties to this Agreement, and which are attached hereto, are hereby made a part of this Agreement, as fully and to all intents and purposes as though recited in full herein: By-Law 2015-069 Being a By-law to authorize the execution of.. Page 247 of 357 ATTACHMENT"A"—LEGAL DESCRIPTION OF SUBJECT LANDS ATTACHMENT"B"-CERTIFICATE OF COMPLIANCE ATTACHMENT"C"— SITE SERVICING AND GRADING PLAN 3. Attachment"A"hereto describes the lands affected by this Agreement. 4. Attachment"C"-Overall Site Servicing&Grading Plan shows: a) the location and height of all buildings and structures existing and/or to be erected; b) the location of vehicular entrances and exits; c) the location and provision of off-street vehicular loading and parking spaces, including driveways for emergency vehicles; d) building finished floor elevations(if deemed necessary by the Municipality); e) all proposed structures showing setback measurements and dimensions 5. The Owner agrees that the building or buildings will be erected or developed in accordance with the Plans approved, subject only to such changes as have received advance approval. 6. The Owner agrees that the site development and servicing will be in accordance with the Plans as approved,subject only to such changes as have received advance approval. 7. The Owner further agrees that(as applicable): 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 the final release of the Letter of Credit. b) all necessary provisions for service connections on site will be made to the satisfaction of the Municipality. c) construction work will be carried forward expeditiously in good and workmanlike manner, in accordance with good trade practice and so to cause a minimum of nuisance. d) all necessary precautions to avoid dust, noise and other nuisance and to provide for the public safety will, so far as possible,be taken and which comply with The Construction Safety Act. 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. By-Law 2015-069 Being a By-law to authorize the execution of.. Page 248 of 357 f) unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete, gravel or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the property limits. g) no topsoil shall be stockpiled on any other portion of the Owner's lands except those lands identified in Attachment"A"to this agreement;and all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds; and the Municipality may go in and do the same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. h) stock-piling of snow will not be allowed on the site where it will constitute a hazard to public right-of-ways. i) the electrical servicing of the property shall be subject to the approval of Hydro One. j) upon failure by the Owner to do any act during the development period herein, that the public safety or convenience requires,in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other remedy, may go in and do same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. k) the Municipality may treat any breach of this Agreement as a breach of the Building By-Law, and upon twenty-four (24) hours written notice to the Owner, stop work until the breach is rectified. 1) nothing in this Agreement constitutes waiver of the owner's duty to comply with any by-law of the Municipality or any other law. 8. The Owner shall: a) be responsible for consulting with and obtaining any deemed necessary approvals from the County of Elgin for any matters that relate to County Road 50 (Victoria St) b) be responsible for consulting with Hydro One regarding any matters that relate to services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from all regulatory bodies such as,but not limited to,the Long Point Region Conservation Authority and the Ministry of the Environment as deemed necessary. By-Law 2015-069 Being a By-law to authorize the execution of... Page 249 of 357 10.The Owner shall satisfy all the requirements in relation to the fire protection for the building(s)to the satisfaction of the Municipality's Fire Chief. 11.The Owner agrees to pay for damages to public property including but not limited to municipal drain, ditches, street surfaces, sidewalks, storm and sanitary sewer systems, which may occur during the period of construction. Any such repair may be undertaken by the Ministry of Transportation and/or the Municipality at the expense of the Owner, within thirty(30)days notice. 12. Any and all lighting shall be installed and maintained so as to not, in the opinion of the Municipality, interfere with the use or enjoyment of adjacent properties, or with the safe flow of traffic on abutting or adjacent streets. 13.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 extension,provided for in this Agreement,the Owner shall not occupy or use or permit to be occupied or used, any said new building or extension,until after an Architect or Professional Engineer has given to the Municipality, a letter addressed to the Municipality, and signed by the said Architect or Professional Engineer,certifying that all construction and/or services on or in the said lands, required for this development or redevelopment, newly installed by the Owner in connection with this development or redevelopment,have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 14. The Municipality, through its servants, officers and agents, including it's Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time, and at any time, enter on the premises of the Owner to inspect: a) the progress of development; b) the state of maintenance as provided for in this Agreement. 15.In the event of any servant, officer or agent of the Municipality, determining, upon inspection, that the development is not proceeding in the strict accord with the Plans and specifications filed, such servant, officer or agent shall forthwith, place a notice requiring all work to be stopped upon the premises and forward a copy, by registered mail, to the Owner at the last known address, on the last revised assessment roll, and the Owner shall forthwith correct the deficiency or deviation. 16.In the event of any servant,officer or agent of the Municipality,upon inspection,be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham,as hereinafter provided. By-Law 2015-069 Being a By-law to authorize the execution of... Page 250 of 357 17 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 maintenance, such Owner shall appear before the Council of the Municipality of Bayham,which after hearing the Owner,shall express its opinion as to whether the maintenance is satisfactory, by resolution, which shall constitute a final determination of the matter. 18. In the event that the Owner shall fail to obey a stop work order issued under Section 17 hereof, the Owner recognizes the right of the Municipality to apply to the Courts for a restraining order. 19. In the event that an Owner shall fail to correct a deviation or deficiency after notice pursuant to Section 17 or after notice of an opinion, which the Council of the Municipality of Bayham determines is correct, under Section 17, the Council of the Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Owner, after two(2)week's notice,to it by registered mail,at the last known address of the Owner, pursuant to the last revised assessment roll of passage of such By- Law,that such matter or thing be done by the Municipality, at the expense of the Owner, which expense may be recoverable by action as municipal taxes, or from the Letter of Credit deposited as performance security. 20.Unless otherwise authorized,in the event of the Owner wishing to change at any time,the buildings,structures or facilities described in Attachment"C",it shall make application to the Council of the Municipality of Bayham, for approval, and shall not proceed with such change until approval is given by such Council, or in default by The Ontario Municipal Board,under the procedure set out in Section 41 of The Planning Act, 1990,herein before referred to. 21.The Owner agrees to pay to the Municipality all administration costs incurred in connection with this Agreement, and the fulfillment of this Agreement, including legal, engineering and inspection costs. 22.LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Municipality with a Liability Insurance policy in the amount of $2,000,000 per occurrence, and in a form satisfactory to the Municipality, indemnifying the Municipality from any loss arising from claims for damages,injury or otherwise,in connection with the work done by or on behalf of the owner of the development. The said policy shall be provided at the time of the signing of the Agreement and remain in force, until the development is complete and all required documentation as per Article 15 has been filed with the Municipality. By-Law 2015-069 Being a By-law to authorize the execution of.. Page 251 of 357 23.PERFORMANCE GUARANTEE The Owner hereby defines the completion date of this Agreement and project to be completed on or before June 18,2016. It will be the Owner's responsibility to require,in writing, an extension to this agreement/project,within sixty(60) days of the above stated completion date,should an extension be required. As security for the performance and completion of all works required by this agreement, the Owner shall supply the Municipality with a Letter of Credit, equal to $15,976.00 (Fifteen Thousand Nine Hundred Seventy-Six Dollars). The Letter of Credit will be based on the estimated cost of alterations to public property, roadway, curbs and gutters and drains,and any repairs for damages to public property,roadway,sidewalks,curbs and gutters and drains,plus all site specific components as defined by the Site Plans and Site Servicing Plans,Attachment"C",which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit from a Chartered Bank expressed to be pursuant to this Agreement and payable to the Municipality at any time or in part, from time to time, upon written notice from the Municipality,shall be provided at the time of signing of this Agreement,and shall remain in force,until Twelve(12)months following the completion of this project. 24.This Agreement and the provisions thereof, do not give 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 its obligations under this Agreement or any negligence of the Owner in its performance of the said obligations. 25. In the event that no construction on the said lands has commenced within one (1) year from the date of registration of this Agreement the Municipality may, at its option,on one month's notice to the owner, declare this Agreement to be subject to re-negotiation, whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re-negotiated. 26.The Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. 27. The Owner agrees on behalf of themselves, their heirs, executors, administrators 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 as a result of any action taken by the Owner,pursuant to this Agreement. By-Law 2015-069 Being a By-law to authorize the execution of.. Page 252 of 357 28.All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereof, and without limiting other remedies available to the Municipality, the provisions of Section 326 of The Municipal Act,R.S.O. 1990,shall apply. 29.This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Municipality shall be entitled, subject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. 30.A Certification of Compliance attached hereto as Attachment "B", shall be filed by the Owner, following completion of the development to ensure all details of the Site Plan Agreement have been complied with. IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, and duly attested to by their authorized signing officers in that behalf. We have the authority to bind the Corporation. Witness Frank Banman,Trustee Witness John Harder,Trustee THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Paul Ens,Mayor Lynda Millard,Clerk By-Law 2015-069 Being a By-law to authorize the execution of.. Page 253 of 357 ATTACHMENT'A' Property Assessment Roll No.: 34-01-002-001-07900 Municipal Address: 59 Victoria Street,Port Burwell Legal Property Description: Plan 12 Part Unnumbered Lot,Municipality of Bayham, County of Elgin PIN# By-Law 2015-069 Being a By-law to authorize the execution of... Page 254 of 357 ATTACHMENT`B' THE CORPORATION OF THE MUNICIPALITY OF BAYHAM CERTIFICATE OF COMPLIANCE To be completed and submitted to the Municipality once all works are complete. PROPERTY IDENTIFICATION: Municipal Address: 59 Victoria Street,Port Burwell Property Roll#: 34-01-002-001-07900 Owner(s): Lighthouse Gospel Church This document serves to certify that the development project on the above noted lands has been completed in accordance with the terms and conditions of the Site Plan Agreement By-law No. DATED: I HEREBY CERTIFY THAT THE ABOVE DECLARATION IS TRUE AND CORRECT. I have the authority to bind the Corporation. Witness Frank Banman,Trustee John Harder,Trustee Address: Phone Number By-Law 2015-069 Being a By-law to authorize the execution of.. Page 255 of 357 1 V ) ..„, /- I ,...,_ \-SUBJEC1 0 .\ \ 'PC _NoR,-1—_ .-.., LOT 3' LOT 37 LOT 38 LOT 4,F Lr) 0+ 4,4.44 Ci 1 \ Cli- .4.. - A. •, .._ i.„.... . s. ... ma PORT BURWELL 6 "..Ph. \„ .1. - :°•.,se.. 2F.P..."7.1.1. -,4, \ ‘,.,---..._.___. d ,---N / -`• -s-c:----N; •-•;:. 4* MN Mil Q.-. M r_,;, "...,:".1 • ":•.., %-- ''''7,417.7 ir•*$•6 .j tr r 1 ' „_111111417#40_, .N. 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DIE SERVICING AND GRADING PLAN 0 _,,, ,_ ...,....,„,..,.....m.... Law...A WIMP PPI MUNICAP1 MM.!. )Me le AA DN Un As oapkw Ay. . DICKS WA ne ___ mum mell..kb, DL P.15•314 WIZ I PR PliCheir nip 1,...S MP.ra.RUM RPM MAPP.MI6 1314•Mili Ile .1 —...--- —— ca, .c:) kr) --. el CC >-, OG THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NUMBER 2015-070 BEING A BY-LAW TO PROHIBIT OR OTHERWISE REGULATE THE KEEPING OF CERTAIN ANIMALS WITHIN THE MUNICIPALITY OF BAYHAM NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS A BY-LAW AS FOLLOWS: SHORT TITLE This By-law may be cited as the Prohibited Animal By-law Section 1 - Definitions 1.1 For the purpose of this By-law: a) "Animal"shall mean any member of the animal kingdom excluding humans, dogs and cats, and without limiting the generality of the foregoing shall include livestock, birds and reptiles; b) "Animal Control" shall mean the Municipal Law Enforcement Officer or Council appointed personnel responsible for Animal Control within the Municipality of Bayham; c) "Assisting Agency" shall mean a person, business, sanctuary, organization or agency acting under the direction of an Officer directly contributing tactical expertise or service resources to an Officer; d) "Clerk"shall mean Clerk of the Corporation of the Municipality of Bayham e) "Council"shall mean Council of the Corporation of the Municipality of Bayham; f) "Domestic Animal" shall mean an animal that has been tamed and kept by humans and has through selective breeding, become notably different from its wild ancestors, and includes an animal derived from self-sustaining captive populations; g) "Dwelling Unit"shall mean one or more habitable rooms occupied or capable of being occupied as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the use of such occupants, with a private entrance from outside the building or from a common hallway or stairway inside the building. h) "Enclosure" shall mean a pen or other enclosure that prevents animals from leaving the property and prevents contact between those animals, and people and other animals, but shall not include an electronic containment system; i) "Lot Line"shall mean any boundary of a lot or the vertical projection thereof; j) "Livestock" shall mean farm animals kept for use, for propagation, or intended for profit and includes dairy and beef cattle, horses, swine, sheep, laying hens, By-Law 2015-070 Being a By-law to prohibit or otherwise regu... Page 257 of 357 chicken and turkey broilers, turkeys, goats, geese, ducks, mink and rabbit but excluding animals such as pets raised or housed for recreational or hobby purposes. k) "Municipality" shall mean the Corporation of the Municipality of Bayham. I) "Officer"shall mean an Animal Control Officer, a Municipal Law Enforcement Officer, a person authorized by Council with the responsibility for enforcing and administering this by-law and appointed by Municipality of Bayham By-law, or a Police Officer; m) "Owner" shall mean a person or their authorized agent who keeps, owns or harbours one or more animals within the Municipality, and where the Owner of the animal is a minor, the person responsible for the custody of the minor; n) "OSPCA"shall mean the Ontario Society for the Prevention of Cruelty to Animals; o) "Person" shall include an individual, a sole proprietorship, a partnership, an unincorporated association, a trust, a body corporate and a natural person; p) "Pet Shop" shall mean the carrying on at a premises of any nature (including a private dwelling)of a business of selling animals as pets, and as including references to the keeping of animals in any such premises as aforesaid with a view to their being sold in the course of such a business, whether by the keeper thereof or by any other person. q) "Pigeon"shall mean any of the various birds of the widely distributed family Columbidae, characteristically having plump bodies, small heads, and short legs, especially the rock dove or any of its domesticated varieties; r) "Premises"shall mean a parcel of real property under registered ownership and includes all buildings and structures thereon; s) "Prohibited Animal"shall mean an animal set out in Schedule"A"of this By-law, and shall include livestock and wildlife; t) "Prohibited Animal Education Event"shall mean any exhibit, public show, circus, carnival, petting zoo or other display or act of education or entertainment using any live Prohibited Animal; u) "Service Animal" shall mean an animal: i. trained to be used by a person with a disability for reasons relating to his disability; ii. trained to be used by a peace officer in the execution of his or her duties; or iii. trained to be used by a person who is authorized by an Officer to assist another Officer in his duties. v) "Wildlife" shall mean an animal that belongs to a species that is wild by nature, and includes game wildlife and specially protected wildlife as defined in the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c.41. By-Law 2015-070 Being a By-law to prohibit or otherwise regu... Page 258 of 357 Section 2-General Provisions 2.1 No person shall keep, own, harbour, or permit to be kept, owned, or harboured any prohibited animal in Schedule"A", attached hereto, within the Municipality. 2.2 No person shall keep, own, harbour, or permit to be kept, owned, or harboured, any protected or endangered animal, whose possession or sale is prohibited pursuant to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act(WAPPRIITA), the Species at Risk Act(SARA), the Migratory Birds Convention Act, and the Fish and Wildlife Conservation Act in the Municipality. 2.3 No pet shop shall expose, display, keep, own harbour, sell or trade or permit to be exposed, displayed, kept, owned, harboured, sold or traded any prohibited animal within the Municipality. Wildlife 2.4 No person shall keep, own, harbour, or permit to be kept, owned or harboured any wildlife within the Municipality. 2.5 No person shall feed wildlife within the Municipality. 2.6 Section 2.5 shall not apply when, a) the person is feeding indigenous wild birds on their own property; and b) the person ensures that all food and debris is contained within a bird feeder on their own property; and c) the person ensures that any debris or bird waste is cleaned and disposed of in a sanitary manner. 2.7 No person shall bait wildlife within the Municipality. 2.8 Section 2.7 shall not apply when, a) the person is baiting wildlife in accordance with the provisions of the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41. Livestock 2.9 No person shall keep, own, harbour, or permit to be kept, owned or harboured any livestock within the Municipality of Bayham. 2.10 Section 2.9 of this by-law shall not apply to livestock kept, owned or harboured in any area which permits livestock in accordance with the Municipality of Bayham Zoning By- law No. Z456-2003, as amended. Pigeons 2.11 Every owner of domestic pigeons shall: a) keep no more than seventy(70) pigeons at any time; b) be a member of a recognized pigeon club which is affiliated with a national By-Law 2015-070 Being a By-law to prohibit or otherwise regu... Page 259 of 357 organization; c) ensure all pigeons are not kept in, upon, or under any dwelling unit, apartment building or other building used for human habitation; d) keep all pigeons in a pigeon enclosure of sufficient size to house all pigeons; which shall be of a minimum height of 1.8 metres, with a minimum floor area measuring 1.5 metres in length and 1.5 metres in width for every ten (10) pigeons, and shall be constructed as to prevent escape of pigeons; e) ensure the pigeon enclosure is located no less than seven (7)metres from any dwelling unit, apartment building, commercial establishment, industrial establishment, recreational establishment or other building used for human habitation and no less than three (3) metres from any lot line; f) ensure each pigeon wear a metal or plastic leg band that shall identify the owner of the bird, and shall register these numbers with a recognized pigeon club which is affiliated with a national organization; g) ensure the pigeons do not stray, perch, roost, nest or rest upon any premises other than on premises of the owner; h) keep the pigeons in a building, structure, loft, pen, coop or run which is maintained in a state of good repair; i. pursuant to Section 2.11(h)of this By-law, ensure the building, structure, loft, pen, coup or run is in compliance with the Municipality of Bayham Zoning By-law No. Z456-2003 as amended, and the Ontario Building Code Act, 1992. S.O. 1992, Chapter 23. i) lime wash, paint or disinfect the inside walls and ceilings of all buildings, structures, lofts, pens, coops and runs used for the keeping of pigeons other than outside runs enclosed solely with wire, at least four times per calendar year; j) remove and dispose of in a sanitary manner, at least twice each week, all pigeon droppings and refuse within or adjacent to all buildings, structures, lofts, pens, coops and runs used for the keeping of pigeons, it being understood that this requirement shall not apply when below freezing temperatures prevent waste removal and disposal; k) keep the pigeons enclosed at all times, except to allow a maximum of two(2) daily, two (2) hour, flight periods during which no more than fifty percent(50%)of the total number of pigeons being kept shall be permitted to be at large during any particular flight period, it being understood that this restriction shall not apply to members of a racing pigeon club when the members are participating in a bona fide flight conducted by the club. I) store all pigeon feed in animal-proof containers; m) ensure that no pigeon is fed when outside of its enclosure. 2.14 No person shall keep, own, harbour, or permit to be kept, owned, or harboured, pigeons in an enclosure that does not provide adequate space, lighting or ventilation for the number of pigeons kept within. By-Law 2015-070 Being a By-law to prohibit or otherwise regu... Page 260 of 357 Section 3-Minimum Animal Care Requirements 3.1 Every owner permitted to keep, own or harbour, an animal pursuant to this by-law, shall provide or cause such animal to be provided with adequate food, water, shelter and veterinary care as required to maintain the health and well-being of the animal. 3.2 Section 3.1 of this By-law shall be enforced by an inspector or agent, authorized by the OSPCA, under the provisions of The Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. 0.36, as amended. Section 4-Control of Animals 4.1 Every Officer may, at any reasonable time pursuant to applicable legislation, enter upon any property for the purpose of carrying out an inspection to determine whether or not the provisions of this By-law are being complied with. 4.2 Every Officer shall have the power to seize and impound any prohibited animal found within the Municipality contrary to the provisions of this By-law. 4.3 Every Officer exercising the power to inspect, seize or impound pursuant to Section 4.1 and Section 4.2 of this by-law may be accompanied by an assisting agency acting under his direction. 4.4 Every Officer, prior to utilizing an assisting agency, shall cause the assisting agency to sign an agreement that they are operating under the direction of the Officer stating that: a) any animal seized, or impounded by the assisting agency under the direction of the Officer shall be under the control and authority of the Municipality; b) the assisting agency shall not posses any ownership rights or control of the prohibited animal and is solely acting as a custodial assistant under the direction of the Officer; c) the assisting agency shall immediately release the animal to an Officer or to an owner when directed by the Officer. 4.5 An Officer may release a prohibited animal to a person claiming to be the Owner of the animal only where such person within five (5)days, exclusive of Sundays and statutory holidays, after the date of seizure and impounding, provides: a) proof of ownership of the prohibited animal to the satisfaction of the Officer; b) proof that the premises at which they intend to keep the animal is not within an area of the Municipality where the keeping of such an animal is prohibited by this By-law; c) proof that the prohibited animal shall be removed from the Municipality within twenty-four(24) hours of release to a municipality where the animal is permitted; d) payment to the Municipality of the fee for seizing and impounding of a prohibited animal pursuant to Section 4.2 of this By-law as set out in Schedule `B'to this By- law, and shall be reflected in the Municipality Fees By-law; e) payment to the Municipality of an administrative fee as set out in Schedule 'B' to this By-law, and shall be reflected in the Municipality Fees By-law; f) payment to the Municipality of any cost of veterinary care received by the animal after being seized and impounded that the Officer deemed necessary for the well being of the animal; and By-Law 2015-070 Being a By-law to prohibit or otherwise regu... Page 261 of 357 g) payment to the Municipality of any cost incurred by an assisting agency acting under the direction of an Officer for the seizure and impoundment of an animal. 4.6 Where seized and impounded pursuant to Section 4.2 of this By-law, on the sixth (6th) day, exclusive of Sundays and statutory holidays, after the date of seizure and impounding, the prohibited animal has not been released to the Owner pursuant to Section 4.5 of this by-law, the Municipality may: a) sell or make gift of the prohibited animal; or b) release the prohibited animal to a bona fide zoo or other facility authorized to keep and care for such prohibited animal and that facility may include a facility named under or subject to the Animals for Research Act, R.S.O. 1990, Chap. A.22; or c) euthanize the prohibited animal in a humane manner subject to the Animals for Research Act, R.S.O. 1990, Chap. A.22. 4.7 Where a prohibited animal seized and impounded is injured or should be euthanized without delay for humane reasons, or for reasons of safety to person or animals, or the inability to provide adequate housing for the prohibited animal, an Officer may euthanize, or order to be euthanized the prohibited animal in a humane manner as soon after as he sees fit without permitting any person to claim possession of the animal and without offering it for sale and no damages or compensation shall be recovered or recoverable on account of its destruction. 4.8 Nothing in this By-law shall prevent an Officer from euthanizing a prohibited animal which is suffering illness or injury and, in the Officer's opinion, will not humanely sustain life. 4.9 Animal Control shall keep a record of all prohibited animals seized and impounded pursuant to this By-law. Section 5- Exceptions 5.1 The provisions contained in Section 2 of this By-law shall not apply to prohibited animals kept: a) by the Municipality; b) by any recognized OSPCA or Humane Society facility; c) as a Service Animal; d) in a permanent premise or facility accredited by the Canadian Association of Zoos and Aquaria (CAZA)or a temporary exhibit or show conducted by a CAZA accredited institution for the purpose of education, provided that such exhibit or show is limited to three (3)days at any one(1) location and prohibited animals are only present during the educational component; e) at a location where professionally produced films or television shows, require the use of prohibited animals, provided there is supervision by inspectors and agents of the OSPCA; f) on the premises of an accredited veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990, Chapter By-Law 2015-070 Being a By-law to prohibit or otherwise regu... Page 262 of 357 V.3, as amended; g) by a medical or educational institution, or other accredited school where prohibited animals are being kept for research, study or teaching purposes, on a premises registered as a research facility under the Animals for Research Act R.S.O. 1990 c.A.22; h) at a premises where wildlife rehabilitation is being undertaken in accordance with the Fish and Wildlife Conservation Act, 1997, S.O. 1997, Chapter 41, as amended and associated regulations under the jurisdiction of the Ontario Ministry of Natural Resources or the Canadian Wildlife Service. i) by an animal exhibition or service on a premises approved by the Municipality, including but not necessarily limited to, a person conducting a circus, rodeo education centre or petting zoo. j) by an exemption as authorized by resolution of Council. Section 6- Penalties 6.1 Every person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence, exclusive of costs, as provided for in the Provincial Offences Act, R.S.O. 1990, c.P.33, as may be amended from time to time. Section 7-Administration 7.1 Unless otherwise indicated, the administration of this By-law shall be assigned by Council to the Municipal Law Enforcement Officer who may delegate the performance of his functions under this By-law from time to time as occasion requires. 7.2 In this By-law, unless the contrary intention is indicated, words used in the singular shall include the plural and words used in the male gender shall include the female gender or vice versa, where applicable. 7.3 If there is a conflict between a provision in this By-law and a provision of any other Municipal By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. Section 8- Enforcement 8.1 An Officer shall be responsible for the enforcement of this By-law. 8.2 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer or the Clerk while exercising any power or performing any duty under this By-law. Section 9-Grandfathering 9.1 This By-law shall come into full force and effect on the date of its passing by Council. 9.2 This By-law shall apply to all Prohibited Animals which were kept, owned or harboured or permitted to be kept, owned or harboured before this By-law was enacted and passed. By-Law 2015-070 Being a By-law to prohibit or otherwise regu... Page 263 of 357 9.3 It is the responsibility of the Owner to objectively prove, with corroborating evidence, that Section 9.2 of this by-law is applicable. Section 10- Repeal of Existing By-laws 10.1 That By-law No. 1999-082, as amended, shall be repealed in its entirety. Section 11 -Severability 11.1 In the event any section or provision of this By-law is held invalid, the remainder of the By-law shall continue in force. READ a FIRST, SECOND and THIRD TIME and finally passed this 18th day of JUNE, 2015. PAUL ENS MAYOR LYNDA MILLARD CLERK By-Law 2015-070 Being a By-law to prohibit or otherwise regu... Page 264 of 357 SCHEDULE 'A' - PROHIBITED ANIMALS PROHIBITED CLASS: MAMMALIA(MAMMALS)—ALL ORDERS EXCEPTION Domestic dogs, cats, chinchillas, ferrets, gerbils, guinea pigs, hedgehogs, hamsters, mice, rabbits, rats, and sugar gliders PROHIBITED CLASS: REPTILIA(REPTILES)—ALL ORDERS EXCEPTION Constricting and non-venomous Serpents (snakes)where neither the female nor the male of the species exceed two (2)metres in length from nose to tip of tail before or at maturity. Non-venomous lizards where neither the female nor the male of the species exceed one (1) metre in length from nose to tip of tail before or at maturity. Testudines (tortoises and turtles)that are not of the snapping variety. PROHIBITED CLASS: AMPHIBIA(AMPHIBIANS)—ALL ORDERS EXCEPTION Non-venomous Anura (frogs and toads)and Caudate (salamanders and newts). PROHIBITED CLASS: AVES (BIRDS)—ALL ORDERS EXCEPTION Orders of birds held as livestock on property in a rural (RU)zone in accordance with the Municipality Zoning By-law, including, but not limited to, Anseriformes (ducks, geese and swans) Galliformes(chickens, turkeys, domestic fowl and game birds), and Struthioniformes (emus and ostriches). Orders of birds including Columbiformes(pigeons and doves), Passeriformes (perching birds and song birds), and Psittaciformes(parrots). PROHIBITED CLASS: INSECTA(INSECTS)—ALL ORDERS EXCEPTION All non-venomous insects including non-venomous Arachnida (spiders) and Chilopoda (centipedes). PROHIBITED CLASS: SALT AND FRESH WATER ORGANISMS—ALL ORDERS EXCEPTION All non-venomous vertebrates and invertebrates By-Law 2015-070 Being a By-law to prohibit or otherwise regu... Page 265 of 357 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2015-071 A BY-LAW TO AUTHORIZE THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND JENNIFER MCQUIGGAN AND FRANKIE GIESBRECHT IN ASSOCIATION WITH THE PROPERTY LOCATED AT 6215 PLANK ROAD WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a lease agreement to rent the premises located at 6215 Plank Road, Vienna, Ontario for purposes associated with the Edison Museum THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement between the Municipality of Bayham and Jennifer McQuiggan and Frankie Giesbrecht to rent the premises located at 6215 Plank Road, Vienna, Ontario for purposes associated with the Edison Museum. 2. THAT this by-law shall come into full force and effect upon the final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JUNE 2015. MAYOR CLERK By-Law 2015-071 Being a By-law to authorize the execution of.. Page 266 of 357 RECEIVED JUN - 1 2015 Between: MUJNICIPALIIY OF BAYHAM Jennifer McQuiggan and Frankie Giesbrecht,both of Tillsonburg,Ontario (Collectively,the"Landlord") Party of the First Part And Edison Museum(tenant) Party of the Second Part In consideration of the rents reserved and the covenants and agreements herein the Landlord leases to the Tenant the Premises (as hereinafter defined)located at 6215 Plank Road,Vienna,Ontario. Article 1-Definitions 1.01 In this lease unless elsewhere defined or unless the context expressly or by necessary implication requires otherwise: (1) "Basic Rent"means the payable pursuant to Paragraph 3.01 of this lease; (2) "Commencement Date" means the date on which this lease commences, and is the date for the commencement of the term as set forth in paragraph 2.01 hereof; (3) "Landlord" means, collectively, Jennifer McQuiggan and Frankie Giesbrecht; (4) "Premises" means the lands and premises located at 6215 Plank Road,Vienna,Ontario. (5) "Tennant"means Edison Museum or Bayham Municipality. (6) "Term" means the term of this lease as set forth in Paragraph 2.01 herein;and Article 2-Term 2.01 Term and Extension Rights (1) The term of this lease shall be for 6 months, (the term) commencing on the day of ,2015 By-Law 2015-071 Being a By-law to authorize the execution of.. Page 267 of 357 unless additional negotiations are made in accordance with Paragraph 2. (2) The tenant may elect to negotiate the lease on a month to month basis, in which case the Tennant will pay all basic costs as listed in the terms. Basic rent will be $550 a month shall the Tenant choose to lease the property on a month to month basis. Any extension or termination of the lease shall be negotiated 60 days prior to the "tenant" cancelling or extending the lease. Article 3-Rent The basic rent shall be $500 a month plus HST, unless the Tennant shall elect to lease on a month to month basis, in which case refer to Article 2. On the first day of each calendar month, during the term, Basic Rent shall be paid to the Landlord at 50 Ball Street, Tillsonburg,Ontario, or any address the landlord shall choose. Rent may also be paid electronically to the landlord. (2) Additional Tennant Costs. In Addition to the basic Rent,the Tennant will be responsible to pay the following costs. All utility costs including hydro, gas, PUC, water and sewage disposal. Article 4-Leasehold Improvements Any improvements required to be made by the Landlord should be negotiated prior to finalization of lease. Viewing of the property will be available so that any such changes can be acknowledged prior to Lease being finalized. Any improvements to be made by the tenant are to be negotiated prior to finalization of lease. Article 5-Use 5.01 Restrictions on Use The Tenant shall not: (1)Do or permit to be done anything which will invalidate or increase the cost of any insurance coverage held by the Landlord for the Premises; (2)Use, allow or permit the premises to be used for any improper or objectionable purposes; By-Law 2015-071 Being a By-law to authorize the execution of.. Page 268 of 357 (3)Cause, maintain or permit any nuisance in or about the Premises; (4)Commit or permit any waste to be committed in or about the premises. (5)Use or occupy the Premises in violation of any law, rule, regulation, requirement, or ordinance enacted or imposed by any governmental authority having jurisdiction over the Premises,Landlord or Tenant; (6)Overload, damage or obstruct any utility lines providing services to the Premises;or (7)Install any fixtures or equipment which may overload the floors in the premises or in any way affect the structural capacity or design of the Premises. Article 6-Quiet Enjoyment The landlord agrees that, subject to the terms,covenants and conditions of this lease, the Tenant may, upon observing and complying with all the terms, covenants and conditions of this lease,peaceably and quietly occupy the premises. Article 7-Services by Landlord The landlord shall be responsible for all lawn maintenance and snow removal for the Premises and shall provide such services in a professional and timely manner. Article 8-Access The landlord and their affiliates may only enter the premises on these certain conditions. (1)Emergency Access - In the event of an emergency, the Landlord shall have immediate access to the Premises and shall make all reasonable efforts to notify the Tenant immediately;and (2)Other Access-All other access to the Premises, other than the above-mentioned, requires 24hours prior notice provided to the Tenant and access shall be supervised by the tenant or it's designate. Article 9-Assignment,Subordination,Etc. 9.01 Assignment,Subletting The tenant shall not assign this lease or any part thereof, nor shall the tenant sublet all or any part of the premises without the prior written consent of the Landlord, which consent will By-Law 2015-071 Being a By-law to authorize the execution of.. Page 269 of 357 not be unreasonably withheld. Any assignment or subletting consented to by the Landlord shall be evidenced in writing and be in form and substance acceptable to the landlord, acting reasonably. 9.02 Subordination Upon written request from the landlord,the tenant agrees to consent to and execute such agreement as the Landlord reasonably deems necessary or desirable to effect the subordination of this Lease to any present or future mortgage, deed of trust or encumbrance agrees that the rights of the Tenant hereunder shall continue undisturbed so long as the Tenant is not in default hereunder. The Tenant shall not unreasonably withhold or delay its consent. 9.03 Attornment If the interest of the Landlord in the Premises is transferred to any person or entity by reason foreclosure or other proceedings for enforcement of any mortgage, deed of trust or security interest or by delivery of a deed in lieu of foreclosure or other proceedings, the Tenant shall immediately and automatically attorn to such person or entity. In the event of any such transfer this Lease, shall continue undisturbed so long as the Tenant is not in default hereunder. 9.04 Sale by Landlord In the event that the landlord transfers its interest in the Premises and provided the purchaser or assignee, has by an instrument entered into with the Landlord, assumed the covenants and obligations of the Landlord hereunder, the Landlord shall thereby be released from any further obligation hereunder, and the Tennant agrees to look solely to the successor in interest of the Landlord for the performance of such obligations. Article 10- Maintenance and Repairs; Right of Entry; Alterations;Liens;Signs 10.01 Maintenance and Repairs by Tenant Except where the responsibility of the Landlord as hereinafter set out, the Tenant shall maintain the Premises and any alterations and additions to the premises in as good condition By-Law 2015-071 Being a By-law to authorize the execution of.. Page 270 of 357 as the same were on the Commencement Date, Reasonable wear and tear and damage by fire,lightning,tempest and acts of God excepted. 10.02 Landlord's right of entry. The landlord, its agents and employees shall have4 the right to enter the premises in accordance with ARTICLE 8 to make inspections,alterations or repairs to the Premises. In event of emergency the Landlord, its agents and employees,shall have right of entry at any time and may perform any acts related to safety, protection, preservation or improvement of the Premises. 10.03 Maintenance by Landlord The landlord shall be responsible to repair, replace and maintain structural elements of the premises,consisting of the foundations, exterior walls, structural floor, columns and bearing walls supporting or surrounding the premises. The Landlord shall also service and repair the furnace, HVAC system and water heater supporting the premises. 10.04Alterations by Tenant Except as otherwise set out herein, the Tenant shall make no changes, additions, alterations or improvements to the Premises without the prior written consent of the Landlord and subject to all reasonable rules,requirements and conditions imposed by the landlord at the time such consent is given, which consent shall not be unreasonably withheld or delayed. 10.05Alterations by the Landlord the Landlord may make any reasonable repairs, alterations or improvements which the Landlord deems necessary or advisable for the preservation, safety or improvement of the Premises. 10.06 Liens the Tenant and the Landlord shall cause no Liens of any kind, including but not limited to mechanics liens, liens for materials, wages, labour or services to be placed against the Premises,or any part thereof. Article 11-Liability and Indemnification 11.01 Non-Liability of Landlord Except due to the negligence of the Landlord or those at law it is responsible, the Tenant agrees the Landlord will not be liable or responsible in any way for any personal injury that may be sustained by the tenant or any employee, agent, customer or other invitee of By-Law 2015-071 Being a By-law to authorize the execution of.. Page 271 of 357 the Tenant, or any other person who may be upon the Premises; or for any loss of, or damage or injury to, property belonging to or in the possession of the Tenant or any employee, agent, customer or other invitee of the Tenant or any other person. 11.02 Landlord Indemnification Except due to negligence of the Landlord or those at law it is responsible, the Tenant will indemnify and save harmless the Landlord from and against any and all liabilities, damages, costs, expenses, causes of action, actions, claims, suits and judgements which the Landlord may incur or suffer or be put to by reason of or in connection with or arising from: (1)Any condition or agreement set forth in this Lease; (2) any damage to the property of the Tenant, and ail persons claiming through or under the Tenant (including, without limitation, sub-Tenants, licensees, and invitees) and any damage to any other property howsoever occasioned by the condition, use, occupations or maintenance of the Premises; or (3)Any wrongful act or neglect of the Tenant, its invitees and licensees,in and about the Premises. 11.03 Tenant Indemnifications Except due to negligence of the Tenant or those at law it is responsible, the Landlord will indemnify and save harmless the Tenant from and against any and all liabilities, damages, costs, expenses, causes of action, actions, claims, suits and judgements which the Tenant may incur or suffer or be put to by reason of or in connection with or arising from any wrongful act or neglect of the Landlord, its invitees and licensees,in and about the Premises. 11.04 Survival of Indemnification The indemnifications referred to in Paragraph 11.02 and 11.03 hereof will survive any termination of this Lease, notwithstanding anything contrary contained in this lease. Article 12 Insurance 12.01 Tenant's Insurance The tenant will purchase and keep in force throughout the term: By-Law 2015-071 Being a By-law to authorize the execution of.. Page 272 of 357 (a) Fire insurance with extended coverage endorsement covering all leasehold improvements made to or installed in the Premises by or on behalf of the Tenant in an amount equal to the full replacement value thereof; (b) Comprehensive general liability insurance in amounts of not less than $2,000,000.00 and on terms reasonably acceptable to the landlord. 12.02 Policies Upon request,the tenant will furnish to the landlord copies of all policies, or insurance certificates in lieu thereof, and will provide written notice of the continuation of such policies not less than 10 days prior to their respective expiry dates. If the Tenant fails to purchase or to keep in force such insurance the Landlord may affect such insurance, the cost thereof being recoverable from the Tenant forthwith on demand. 12.03 Landlords Insurance The Landlord shall, throughout the Term, maintain insurance on the Premises, its income therefrom, and the machinery contained therein (other than insurance on any property which the Tenant is obliged to insure as mentioned in Paragraph 12.01 against damage by fire,explosion,or rupture and such other perils and in such amounts and with such insurers as the Landlord may, in its sole discretion, determine, acting reasonably. The Landlord shall carry liability insurance for injury, death or property damage in such amounts as would a prudent Landlord leasing a similar building for a similar use of the Tenant. Article 13-Damage.Expropriation and Surrender 13.01 Damage to Premises If and whenever the Premises are destroyed or damaged by fire or other casualty and the building is totally unfit for occupancy, rent will abate from time of occurrence until the necessary repairs are made for the Tenant to reoccupy the building. If the Premises are damaged and are still available to be partially used,the rent will abate accordingly with the area of the Premises not fit for use. The Landlord will repair and restore the property with reasonable diligence unless By-Law 2015-071 Being a By-law to authorize the execution of.. Page 273 of 357 the Tenant is obliged to repair hereunder or unless this Lease is terminated pursuant to Paragraph 13.02 hereof. 13.02 Termination If the Premises are damaged or destroyed by any cause whatsoever, and if, in the opinion of the Landlord reasonable arrived at,the Premises cannot be rebuilt of made fit for the purposes of the the Tenant within 90days of the damage or destruction,the Landlord of the Tenant,at either's opinion may terminate this Lease by giving to the other,within thirty(30)days such damage or destruction, notice of termination,and thereupon Basic Rent will be apportioned and paid to the date of the damage or destruction and the Tenant will immediately deliver up possession of the Premises to the Landlord. 13.03 Expropriation If the whole or any part of the Premises shall be expropriated or taken in any manner for any public or quasi-public use or purpose the term hereof shall expire upon the date when possession is required by the expropriating authority and thereupon Basic Rent will be apportioned and paid to the date thereof and the Tenant will immediately deliver up possession of the Premises to the Landlord. 13.04 Surrender at Expiration Upon the expiration or other termination of this Lease,the Tenant shall immediately surrender possession of the Premises to the Landlord in as good condition as the same were on the Commencement Date, reasonable wear and tear and damage by fire, lightning, tempest and Acts of God excepted. All keys which the Tenant has been furnished for any locks within the {remises shall be delivered to the Landlord. Upon surrender, all right, title and interest of the Tenant in the Premises shall cease. Al! property remaining in the Premises following surrender shall be considered to have been abandoned by the Tenant and the Landlord may dispose of it in any manner that the Landlord wants. Article 14-Default 14.01 Landlord may preform covenants if the Tenant is in default of any of its covenants and agreements in this By-Law 2015-071 Being a By-law to authorize the execution of.. Page 274 of 357 lease, then the Landlord, without limiting any other remedy which it may have, will have the right to remedy any such default and for such purpose may at any time enter upon the Premises. No entry for such purpose will be deemed to cause a forfeiture or termination of this Lease. The Landlord may do such things that are necessary to cure such default and such things as may be incidental thereto (including without limitation, the right to make repairs and to expend monies). The tenant will reimburse the Landlord forthwith upon demand the aggregate of all expenses incurred by the Landlord in remedying any such default. The Landlord will be under no obligation to remedy any default of the Tenant nor will the Landlord incur any liability to the Tenant for any action or omission in the course of its remedying or attempting to remedying or attempting to remedy any such default. 14.02 Rights of Termination If and whenever: (1)The premises become vacant or remain unoccupied for fifteen (15) days or more or are not used for the purpose herein permitted or the tenant fails to take possession of the premises within fifteen (15) days after the commencement date: (2) Any Rent remains unpaid for fifteen (15) days from which the same ought to have been paid; (3)There is a breach of any Tenant's obligations under the lease which is not cured within fifteen (15) days after delivery of notice by the landlord to the tenant specifying such breach; (4)Any goods and chattels on the premises are at any time seized or taken in execution or attachment; (5) the Tenant becomes insolvent or commits an act of bankruptcy or becomes bankrupt or takes the benefit of any statute that may force for bankrupt or insolvent debtors or becomes involved involuntary winding-up By-Law 2015-071 Being a By-law to authorize the execution of.. Page 275 of 357 proceedings or if a receiver shall be appointed for the business,property,affairs or revenues of the tenant;or (6) At any time any person (other than the tenant or an assignee or sub-tenant permitted under the lease) has or exercises the right to manage or control the Premises or any part thereof or any of the business carried on therein; Then in any of the said cases,(and notwithstanding any prior wavier any of breach of covenant)the Landlord,at its option, may upon fifteen(15)days written notice(and without prejudice to any other or remedy or may then have or be entitled to including recovery of all loss of Basic rent)cancel this lease,whereupon this Lease will terminate and the term will expire and be ended and the current month's rent shall thereupon become immediately due and payable and the landlord may distain for all such rent as well as any arrears then unpaid and the landlord lawfully may immediately or at any time thereafter and without notice or any re-possess the same, and expel the Tenant and those claiming through or under it and remove its or their effects(forcibly if necessary)and without prejudice to any remedies which might otherwise be used for arrears or Rent or breach contract. 14.03 Remedies of Landlord are cumulative The remedies of the landlord in this lease are cumulative and are in addition to any remedies of the Landlord at law or in equity. No remedy will be deemed to be exclusive and the Landlord from time to time have recourse to one or more of all the available remedies specified herein or at law or in equity. Article 15-Miscellaneous 15.01 Waiver The failure of the landlord to insist upon strict performance of any of the covenants and agreements of this Lease,or to exercise any option herein conferred in any one or more instances,shall not be considered to be a waiver or relinquishment of such performance by the Tenant or right of the Landlord,and all covenants,agreements and options shall remain in full force and effect. By-Law 2015-071 Being a By-law to authorize the execution of.. Page 276 of 357 15.02 Unavoidable Delay Whenever and to the extent that the landlord shall be able to fulfill or shall be delayed or restricted in the fulfillment of arty obligation hereunder in respect of the supply or provision of any service or utility or doing of any work or the making of any repairs by reason of being unable to obtain the material,goods,equipment,service,utility or labour required to enable it to fulfill such obligation or by reason of any strike,work stoppage,statute,law or order-in-council or any regulation or order passed or made pursuant thereto or by reason of the order or direction of any administrator,controller or board,or any governmental department or officer or other authority,or by reason of not being able to obtain any permission or authority required thereby,or by reason or any other cause beyond its control,whether of the foregoing character or not,the Landlord shall be entitled to extend the time for fulfillment of such obligation by a time equal to the duration of such delay or restriction and the Tenant shall not be entitled to any compensation for any inconvenience,nuisance or discomfort thereby occasioned. The provisions of this Article shall not operate to excuse the Tenant from prompt payment of all sums required to be paid pursuant to the terms of the Lease. 15.03 Ownership if Premises The landlord covenants that it is the sole,fee simple owner of the Premises and has the right to lease them to the Tenant as herein set forth. 15.04 Holding Over-If the Tenant shall continue to occupy the Premises after expiration or sooner termination of this Lease, the Tenant shall pay,as liquidated damages,for each month of continued occupancy an amount equal to the sum of the Basic Rent. No receipt of money by the Landlord from the Tenant after expiration or termination of this Lease shall reinstate or extend this Lease or affect and prior notice given by the Landlord or Tenant. 15.05 Arbitration If the Landlord and Tenant are not able to agree to any term of the Lease,either party shall be entitled to demand arbitration thereof and after giving notice and demand, each party shall at once appoint an arbitrator and such appointee shall jointly appoint a third. The decision of any two or three of the arbitrators by the parties hereto,do not agree upon a third,or if the party who had been notified of a dispute fails to appoint an arbitrator,then a third arbitrator or an By-Law 2015-071 Being a By-law to authorize the execution of.. Page 277 of 357 arbitrator to represent the party in default may,upon petition of the party not in default,be appointed by a Judge of the Ontario Superior Court of Justice. The cost of arbitration shall be apportioned between the parties hereto. 15.06 Notices-All notices under this Lease shall be in writing and delivered in person or sent by prepaid registered or certified mail to the Landlord at the same place to which rent payments are made,to the Tenant at the Premises,or to such other addresses designated in writing by a party hereto to the addresses designated in writing by a party hereto to the other parties.Notices mailed shall be delivered on the third business day following mailing. 15.07 Costs-if the Tenant is in breach of any of the terms herein,the Tenant shall pay to the Landlord reasonable expenses and costs including legal fees of the Landlord incurred in enforcing any of the obligations of the Tenant under this Lease 15.08 Successors-The terms,covenants and conditions contained in this Lease shall apply to and bind the heirs, successors,executors,administrators and permitted assigns of the parties to this lease. 15.09 Entire agreement-The Tenant acknowledges and agrees that it has not relied upon any statement, representation,agreement or warranty except such as may be expressly sent forth in this Lease and it is agreed by the Landlord and the Tenant that not amendment of modification of this Lease shall be valid or binding unless in writing executed by both the Landlord and the Tenant. No provision of this Lease shall be altered,waived, amended or extended except in writing executed by the Landlord and the Tenant. The paragraph headings contained in this Lease are for convenience only and shall in no way enlarge or limit the scope or meaning of the provisions of this Lease. 15.10 Severability-Each and every covenant and agreement contained in this Lease is,and shall be By-Law 2015-071 Being a By-law to authorize the execution of.. Page 278 of 357 construed to be,a separate and independent covenant and agreement. If any term or provision of this Lease or the application of thereof to any person or circumstances shall to any extent be invalid or unenforceable,the remainder of this Lease,or the application of such term or provision to person or circumstances other than those as to which it is invalid or unenforceable,shall not be affected. 15.11 Gender Words of any gender used in this Lease shall be held and construed to include any other gender and words in the singular number shall be held to include any other gender and words in the singular number shall be held to include the plural,and vice versa, unless the context otherwise requires. 15.12 The Tenant may register a notice of this Lease. 15.13 Governing Law-This agreement shall be construed in accordance with and governed by the laws of the province of Ontario and the laws of Canada applicable therein. (Signature Page Follows) By-Law 2015-071 Being a By-law to authorize the execution of.. Page 279 of 357 In Witness Whereof the parties hereto have duly executed this as of the day and year first-above written. Signed and Delivered in the presence of: X Jennifer McQuiggan X Frankie Giesbrecht Edison Museum, Bayham Township Per: x Per: x By-Law 2015-071 Being a By-law to authorize the execution of.. Page 280 of 357 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW No.2015-072 BEING A BY-LAW TO DESIGNATE THE ENTIRETY OF THE MUNICIPALITY OF BAYHAM AS A COMMUNITY IMPROVEMENT PROJECT AREA AND APPROVE A COMMUNITY IMPROVEMENT PLAN AS PART OF THE ELGINCENTIVES COMMUNITY IMPROVEMENT PLAN WHEREAS Sections 28 and 17 of the Planning Act, RSO 1990, Chapter P.13, as amended, provide for the designation of a Community Improvement Project Area and for the adoption of a Community Improvement Plan; AND WHEREAS a Community Improvement Plan attached hereto as Schedule'A' has been prepared for the proposed Community Improvement Project Area; AND WHEREAS the Community Improvement Plan conforms to the Municipality of Bayham Official Plan; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: I) THAT the entirety of the Municipality of Bayham is hereby designated as a Community Improvement Project Area; and 2) AND THAT the Municipality of Bayham Elgincentives Community Improvement Plan, attached hereto as Schedule`A'and forming part of this By-law, is hereby adopted; and 3) AND THAT this By-law shall come into force and take effect on the day of the final passing thereof;and 4) AND THAT By-law No.801, By-law No.2402, By-law No.2576, By-law No.2005-021 and all previous Community Improvement Plan By-laws be repealed. READ A FIRST,SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF JUNE 2015. MAYOR CLERK By-Law 2015-072 Being a By-law to designate the entirety of... Page 281 of 357 By-Law 2015-072 Being a By-law to designate the entirety of... Page 282 of 357 cli (171 0 ---,1 l‘..) lid SOBAAf CD. P i'irette L.41 Elgt p, A- l' -.4.---Tntives ..... Paelunity 0,`- 5' —7\ CI- , 1 CD . 0 64• P co 1 ro , co , ‘-C , o .101 7 if _ 1 x &Alit .4,0 ,., . ... _ _ . I 1 •.... , ___ Il , E i. , % ' Nti . , . 1 -.._ ill _... , ..2k 1 .- - -,i MUNICIPALITY OF BAYHAM Pp CM, CD k) — oC Elgincentives Community Improvement Plan w ._, Li.......m, w ././ ..,,,, ---A ElginCo u 11 Ey r PLANNING TO 1 _ Vi CD (TQ TABLE OF CONTENTS 1.0 Introduction to the C1P 1-1 2.0 Basis for the CIP 2-1 a 3.0 Goals and Objectives 3-1 4.0 Community improvement Project Area.... 4-1 5.0 Financial Incentive Programs 5-1 6.0 Administration 6-1 7.0 Marketing Strategy 7-1 8.0 Monitoring Strategy 8-1 11)(10 Glossary Schedules O dlO aqi 01 uo!1On poa1u gi 10 0 $ z a2( s Z a a. )11 C ier, .. o t a w By-Law 2015-072 Being a By-law to designate the entirety of... Page 285 of 357 _ Vi Bayham Elgincentives Community Improvement Plan 1 - 1 April 2015 oc tier municipalities, the intent of a County-wide framework for ocommunity improvement is to advance local economic goals and priorities in a coordinated manner. Once adopted, this framework will serve as a long-term instrument for diversifying introduction the economic base and improving the built environment of the seven local municipalities of Elgin,including Bayham. CD CD to the CIP Specifically, the County-wide framework has a specific focus on supporting growth in key areas of economic activity, where CD the County and its local municipalities have determined the The following is an introduction to the need is the greatest, and where there will be significant County-wide benefits. Specifically, as discussed further in Bayham Elgincentives CIP. This CIP Section 2.0 of this CIP, this includes the following key areas is part of a larger framework for throughout Elgin: community improvement that is being a) Downtowns/main street areas; implemented by local municipalities b) The agricultural areas; c) The ports/lakeshore areas;and, across Elgin County. d) Other key tourist and outdoor recreational areas. 1 .1 Purpose 1 .2 What is a Community The Municipality of Bayham has adopted this Community Improvement Plan? Improvement Plan (CIP) as a component of a progressive and strategic County-wide framework for community improvement A CIP is a municipal planning tool established by the Ontario planning that is to be administered and funded in partnership Planning Act. Many municipalities across Ontario have cra with Elgin County. prepared CIPs in order to achieve important community goals, CD such as: oc Since Elgin County is an upper-tier municipality with a rn coordinating role over its seven distinctive and unique lower- J1 fi Elgincentives rD 0 Bayham Elgincentives Community Improvement Plan 1 -2 April 2015 ao w • Facilitating and coordinating the transition of 1 .3 Authority neighbourhoods and areas; • Stimulating economic growth and development; The Planning Act is the primary piece of legislation that • Assisting businesses/ property owners with repair, provides for the preparation of CIPs. Specifically, Section 28 CD rehabilitation, and redevelopment projects; and, of the Planning Act sets out the following: 64 • Raising awareness of local needs and priorities. 1. Types of projects/activities/works that are CD Simply put, a CIP is a planning document that sets out tools considered `community improvement', which can and strategies for improving the built, economic, and social include the redevelopment, rehabilitation, or other environment in designated areas of a municipality. improvements to residential,commercial, industrial, and CD 0 Normally, under Section 106 of the Municipal Act, public buildings, structures,or facilities. municipalities are prohibited from directly or indirectly assisting 2. A community Improvement planning process local businesses by giving or lending money. However, having whereby a municipality must first identify and adopt by a CIP in place allows the municipality to assist financially with by-law a designated 'community improvement project improvements to private properties. area', after which a`community improvement plan' may be prepared and adopted by by-law. However, this may only be done where there are community improvement policies in the municipality's Official Plan (which is the case in the Municipality of Bayham, as discussed in Section 2.0 of this CIP). 3. Tools that can be implemented once a `community improvement plan' is prepared, which include grants or loans to owners and tenants of land and buildings within the community improvement project area. -o lv oo Elgin ° tiVeS 0 u, N Bayham Elgincentives Community Improvement Plan 1 3 April 2015 vc 4. Eligible costs for which a municipality can provide 1,1 Contents such grants or loans, which may include costs related to development/ redevelopment or construction/ The contents of this CIP are as follows: reconstruction projects for rehabilitation purposes or A brief overview of the background and basis for this for the provision of energy efficient improvements. CIP is provided in Section 2.0; • Goals and Objectives for County-wide Community In addition to the above, the Planning Act states that upper-tier Improvement are provided in Section 3.0; municipalities in Ontario (including Elgin County) have the ability to participate in (i.e.,contribute financially)CIP programs The Community Improvement Project Area is identified in Section 4.0; adopted by local municipalities. This is permitted only where CD • Information about financial incentive programs (or there are Official Plan policies in place relating to the making of 'Elgincentives') is provided in Section 5.0; grants or loans. Since there are such policies in place in the • Administrative details about how this CIP will be upper-tier Official Plan, Elgin County may participate in the implemented, marketed, and monitored are set out in programs established by this CIP. Sections 6.0, 7.0,and 8.0;and • A Glossary is intended to assist in the interpretation of this CIP. -o tr4 CD 00 00 0 Elgincen t ves d I0 aqi -101 slse MI TY$ z r wz w 1 iiil 0 1110 0 '4 G 1Q,,,aa w By-Law 2015-072 Being a By-law to designate the entirety of... Page 289 of 357 (-5; Bayham Elgincentives Community Improvement Plan 2 y 1 April 2015 oc Elgin County Economic Development Strategy 2 . 0 In 2011, the County implemented an Economic Development ° Strategy (EDS), with the primary objective being to foster or create an environment that supports the growth of the Basis for the CIP economy and prosperity for local residents. The EDS emphasizes the importance of the creative rural economy in The Bayham Elgincentives CIP has order to create an enabling environment for the following key been prepared based on a number of areas: County and local municipal planning Agriculture; • Tourism;and documents and information sources, • Downtowns/Mainstreets. as summarized in this Section. In reviewing the goals of the County's Economic Development Strategy, it has been determined that this CIP has the potential 2.1 County-wide Economic to: Development Goals/Priorities • Assist businesses and property owners with repair, rehabilitation, and redevelopment projects, in order to As stated in the introduction to this CIP,the intent of a County- help enhance civic pride and ownership throughout the wide framework for community improvement is to implement County. Planning Act tools consistently in each of Elgin's seven local municipalities as a part of a coordinated strategy to advance • Promote secondary uses on agricultural land,which are local economic goals and priorities. Prior to the development now permitted through the County's Official Plan. of this CIP, a review of the County's Economic Development • Support enterprise development through the use of Strategy and Official Plan was completed to identify key goals financial incentive programs. and priorities that can be supported in order to provide an • Send a clear message to the business and overall public benefit to the Municipality of Bayham and Elgin development community on behalf of the Municipality of County as a whole. The following is a summary of the findings. Bayham and Elgin County that there is a commitment O v, Elgincentives IT) N LA Bayham Elgincentives Community Improvement Plan 2-2 NJ April 2015 ao tri by both levels of government to stimulating economic • Support the efforts of existing Business Improvement growth and attracting/retaining businesses. Areas and Chambers of Commerce to promote retail • Create positive stories about revitalization and business and façade improvements of buildings. development within the community. • Support the creation of interesting and accessible ro public places to generate activity and vitality and attract vrElgin County Official Plan people and business to Elgin County communities. • Promote the growth of tourism throughout the County The 2012 County Official Plan has a clearly articulated set of with particular emphasis in areas where there is an CD long-term goals for Elgin, which emphasize the importance of existing tourism base including the ports/waterfront ro agriculture, downtown areas, and the`ports'. For example,the areas, downtown/main street areas, recreational areas co following Official Plan goals are set out for Elgin's economic and agricultural/rural areas. 0 prosperity,which will be supported by this CiP: • Enhance the profile of the County, its communities, ports and tourism attractions and destinations. • To reinforce the function of the downtown areas in • Maintain agriculture as the principal economic activity in settlement areas as cultural, administrative, the rural areas of the County. entertainment, retail and social focal points of the community. • Support opportunities for farmers to protect, diversify • To support the role of the 'ports'in the County as the and expand their operations. primary locations for tourism and related economic This CIP is in support of these County-wide policies, where activity. they apply in the Municipality of Bayham. • To provide opportunities for a wide range of appropriately scaled agriculture-related and secondary uses in the Agricultural Area. In addition, the County's Official Plan establishes policies that will support the goals, actions and strategies of the Economic "71 Development Strategy. For example, the Official Plan states that it is a policy of the County to: co 0 U' J E1 gincen f v es (-5; Bayham Elgincentives Community Improvement Plan 2-3 April 2015 oc 2.2 Local Policies of the Municipality from community members,downtown business owners/tenants, and local farmers/agri-business owners. The survey was of Bayham made available on the County's website and in the local As required by the Planning Act, Section 5.3 of the Official Plan As from Wednesday November 12, 2014 to Friday November 21st, 2014. 6' of the Municipality of Bayham contains provisions for the cp development of a CIP. Specifically, community improvement The survey was designed to determine: goals, objectives, and the local criteria for the designation of CD • community improvement project areas are in support of this Local needs and opportunities for community CIP. These policies therefore serve as a basis for this CIP. improvement within key areas of the County; CD • Information about local businesses/agri-businesses in o In addition,there are number of general goals, objectives, and terms of needs and opportunities for improvement, policies in the Municipality of Bayham Official Plan, which expansion,and business development; broadly aim to foster economic growth and are therefore in • Familiarity and level of interest in community support of and consistent with the goals and objectives of this improvement plans;and CIP. • Types of programs that may be of assistance to the 2.3 Consultation business and agricultural community. Prior to the development of this CIP, a number of public A total of 50 respondents completed the CIP survey. consultation activities were completed in order to obtain Municipal and Community Workshops community input on the range of local needs and opportunities for community improvement in the County as a whole. These In addition to the Community and Business Survey, three are summarized below: Stakeholder Workshop were held on Tuesday November 18, 2014 as part of the Phase One consultation efforts for the CIP Community and Business Survey project. The workshops were held as follows: cra A Community Survey was conducted as part of the • A Municipal Workshop was held with 14 consultation events for Phase One of the Elgin County CIP representatives from each of the lower-tier project. The purpose of the survey was to collect information municipalities within the County;and O J1 Elginc ent:ve 0 Bayham Elgincentives Community Improvement Plan 2 -4 April 2©15 ' oa • Two Business Community Workshops were held with 2.4 Community Improvement interested business owners/other stakeholders from across the County. The first was held in West Lorne Background and Options Memo and was attended by approximately 24 local business owners/stakeholders. The second was held in New A full discussion of the findings of the background work Sarum and was attended by approximately 25 local described above (i.e., the review of County economic business owners/stakeholders. development priorities/policies, a local policy review, and consultation events) was documented in a 'Community CD The purpose of the workshops was to: Improvement Background and Options Memo' dated December 2014 (and revised in January 2015), which was rD - Introduce the project, process,and goals; circulated to each of the seven local municipalities for review • Provide an overview of community improvement and comment. This memo is an important basis for the planning and some of the tools that can be Bayham Elgincentives CIP and can be reviewed for additional implemented through a CIP; background information. • Discuss local issues and needs regarding the downtown/mainstreet area, ports, and agricultural areas of the County as well as opportunities for improvement in these areas;and, • Explore opportunities to apply community improvement tools locally. 0 as Section 2'S El incel ti es 2 CO sen�loafgo pue s�uo° ,_, Q..) 0 0 z I 111, 0 V' Z z a J a C 41112t 0 .kit 044 64 a By-Law 2015-072 Being a By-law to designate the entirety of... Page 294 of 357 0 Bayham Elgincentives Community Improvement Plan 3- 1 April 2015 co. ac Objectives have also been identified, which represent the 3 .0 tangible actions and outcomes that Bayham and Elgin County aim to achieve through the implementation of this Plan. Goals and Importantly, as set out in Section 5.2, in order to be eligible for 64. any of the financial incentives programs offered through this CIP, a proposed project must contribute to the goals and CD objectives objectives set out below. CD For each of the goals and objectives, a set of targets has also been established for the purpose of monitoring the -1- o his Section introduces the goals and effectiveness of this CIP. The targets are presented as part of objectives of the Bayham a monitoring strategy in Section 8.0 of this Plan. Elgincentives CIP and articulates the 3.2 Goals intended outcomes of the community The goals of the Elgincentives CIP are shown in Figure 1 improvement programs. below, which also demonstrates how each of the goals will support and reinforce each other. 3.1 Purpose of the Goals and Objectives A series of goals have been developed based on the findings of the background work and consultation activities described in Section 2.0 of this Plan. The goals are established for the purpose of articulating how the Elgincentives CIP is intended to cm provide an overall public benefit to the Municipality of Bayham r , and Elgin County. They represent the overall intended result of this Plan. Elgin cen . ve cz 0 u, N Bayham Elgincentives Community Improvement Plan 3 - 2 e> April 2015 uc to 3.3 Objectives ET For each of the goals identified above,a number of specific a. and measurable objectives have been identified,which are A B identified in the tables below. ao' m To stimulate To improve quality Goal Ob ectives CD economic growth of place for 1. To encourage the exnslt�n CD and diversification, residents and visitors. of the agribusiness se~tor through new and expanded value-added/agricultural ` related enterprises. 0 ~,, 2. To encourage the exoansicn of business activity lar existing commercial businesses In the downtown areasrmainst+eets cl To Stimulate settlement ar as. Aeconomic growth 3. To increase the number of and business start-ups. diversification. 4. To increase tourism. 5. To increase the lumber of Figure 1:Goals of the Elgincentives CIP tourist accommodation establishments. 6. To increase the number of creative economy businesses, = 7. To Increase employment crq opportunities for local CD N residents. CP, 0 W CA /ZS Elgincentives Bayham Elgincentives Community Improvement Plan 3-3 di April 2015 Goal Ob actives Goal Objectives 8 To in ipecive the appearancti entry pins and f ridors ro 9. To nprove the appearance rf ccrZ• TO improve the and utilizati ,,on of ihe ltvltili'v • 11_1.211W of place tor laReshore. b tir-rwr,,,britiv.01 tf.bm.-t-3Frierot re-i,in:erits and 10,To irnpraVe he appearance nane. 1.1 Inc trir CD visitors. o the Municf ipality of opmetr:AirrA117-awoll Bayham and tostor civic Itty.tp4uto4w.,, do-c.a•, iii,tIft_.2 pride I hruuph Improvements to pnvate prcperl,eS. cJQ CD VI /CS eak gaafoad Ng lueweAo.'dwl Apnwwoo 01 Z Z V O. }7s.�dfl lb LLI By-Law 2015-072 Being a By-law to designate the entirety of... Page 298 of 357 N NJ Bayham Elgincentives Community Improvement Plan 4 1 April 2015 ao have been designated (by by-law)as such by Council, and are 4. O shown on Schedule A of this CIP. To demonstrate how this CIP will work with other local COMM unity Elgincentives CIPs adopted throughout Elgin County, a map showing the overall County-wide Framework is also provided aq iv as Schedule C. I m p rove m e n t Financial Incentive Programs may be available to registered CD ro owners, assessed owners, and tenants of lands and buildings Project Area located within the C1PA, subject to a number of eligibility criteria, as described in Section 5.0 of this CIP. 0 �-n In addition, the type of improvement projects that may be In accordance with the Planning Act, funded by incentive programs is subject to the Community the following Section identifies the Improvement 'Sub-Area' in which lands/buildings are located. These'Sub-Areas"are introduced in Section 4.2. Community Improvement Project Area that has been designated for the 4.2 `Sub-Areas' purpose of this Plan. Prior to the development of County-wide framework for community improvement, it was determined that there are a number of key areas of local economic activity in Elgin County 4.1 Community Improvement Project as a whole where the need for improvement is the greatest and Area where investment will result in significant economic development benefits. These include: In order to achieve the broad, economic development-focusedcrc a) Downtowns/main street areas; CD goals and objectives of this CIP, all lands located within the b) Theagricultural areas; Municipal boundary of Bayham are included within the Community Improvement Project Area (CIPA). These lands c) The ports/lakeshore areas;and, O --h fi Flgincent ve s 0 u, N Bayham Elgincentives Community Improvement Plan 4 - 2 April 2015 vc d) Other key tourist and private outdoor recreational areas. 4.3 `Priority Areas' Therefore, in addition to designating the entire municipality as a CIPA, the following 'Sub-Areas' have also been identified In addition to designating a CIPA and 'Sub-Areas' for the throughout the County,which are shown on Schedule C of this purpose of the County-wide Planning framework, it has also CD CIP: been determined that there are certain key areas of Elgin County where local investment will have the greatest economic 1. The Settlements Sub-Area (which incudes the benefit/impact. Therefore, these areas have been identified as downtowns/main street areas and ports of Bayham asCD 'Priority Areas' recognizing that they should be prioritized with identified in the local Official Plan);and respect to improvement projects and the provision of financial CD 2. The Agricultural Sub-Area (which generally include incentives. lands that are designated Agriculture by the County 'Priority Areas'in the County include the following: Official Plan). However, not all properties located in this 'Sub-Area' will be 1. Tourism Corridors (which include corridors as eligible for the financial incentive programs that are offered in identified on Schedule B of the County's Official Plan, in this CIP. A general description of the types of properties and addition to other locally identified corridors);and uses within each of the County-wide 'Sub-Areas' (and 2. The Lakeshore Area. therefore eligible for incentive programs) is provided in Section 5.2. As discussed in Section 5.0 of this CIP, for some of the incentive programs in this CIP, the value of financial incentives will be greater for registered owners, assessed owners, and tenants of lands and buildings that are located in 'Priority Areas'. -o (IQ CD 0 Elgincentives sWeJ6oad eA!juaou1 IB!3UBU !d 151 4' ! iexi f 0 Q 0 4 iz r,,,,\a'-- By-Law 2015-072 Being a By-law to designate the entirety of... Page 301 of 357 Vi Bayham Elgincentives Community Improvement Plan 5 -1 April 2015 oc 5 .0 1. A Tax Increase Equivalent Grant(for Major Projects); co Financial Incentive 2. A Facade,Signage,and Property Improvement Grant; rD 3. A Building Improvement/Restoration Grant; Programs 4. A Building Conversion/Expanslon Grant; co 5. An Energy Efficiency Retrofit Grant; rD A set of financial incentive programs 6• An Outdoor Art Grant; is introduced in this Section, which 7. A Feasibility/Design Study Grant; 8. An Application and Permit Fees Rebate; may be available to eligible 9. A Multiple Property Owners Bonus Grant;and owners/tenants in the CIPA. The 10. A Savour Elgin/Elgin Arts Trail Bonus Grant. programs are intended to stimulate Section 5.2 of this CIP identifies a set of eligibility criteria that private sector investment in land and must be met in order to be eligible for any of these programs. Detailed information about how each of the incentive programs buildings. works is provided in Section 5.3 to 5.12. 5.1 The Programs 5.2 Eligibility The Municipality of Bayham and/or Elgin County may provide General Eligibility Criteria funding for any of the following incentive programs during the term of this CIP, subject to the availability of Municipal In order to be eligible for any of the financial incentive resources: programs that may be offered under this CIP, the following general eligibility criteria must be met: 0 Elgincentives 0 Bayham Elgincentives Community Improvement Plan 5-2 April 2015 ac 1. The lands and buildings subject to an application must be 9. The property owner must have no outstanding property tax located in a Sub-Area of the CIPA designated by by-law for arrears, or any other Municipal/County accounts receivable the purpose of this CIP. on the subject property at the time of application. 2. All proposed projects must result in some level of 10.Proposed projects must be in accordance with all CD improvement or rehabilitation over the existing conditions applicable policies, by-laws, provisions, standards, 64. and will not simply represent a life cycle replacement. requirements, and guidelines (including any applicable CD 3. All projects must contribute to achieving one or more Urban Design Guidelines) from all levels of government, CD community improvement goals (as identified Section 3.0 of including the applicable Conservation Authority. CD this CIP). In addition to the general eligibility criteria, a set of program- 4. Unless otherwise specified, registered owners, assessed specific eligibility criteria must also be met, which are outlined o owners, and tenants of private land or buildings may be in the description of financial incentives, in Sections 5.3 to 5.12 eligible for financial incentives. below. 5. The total value of grants shall not exceed the total value of A summary table that provides an overview of the details for eligible costs for a project. each of the financial incentive programs is also provided in 6. A property is eligible for the Tax Increase Equivalent Grant Section 5.13. for Major Projects once during the term of this CIP. 7. For all other incentive programs,a property may be eligible Eligible Properties and Uses for multiple grants per application and may submit multiple Not all properties and uses located in the 'Sub-Areas' will be applications during the during the term of this CIP;however, eligible for financial incentive programs offered in this CIP. the total combined value of grants approved in any given The table on the following page generally describes the types year shall not exceed$15,000 per property. of privately-owned properties and uses within each of the 'Sub- 8. Financial incentives will not be applied retroactively to Areas'that are the focus of this CIP and therefore eligible for works started prior to approval of applications. incentive programs. -o crq 0 Vi /[C Elgincentives (-5; Bayham Elgincentives Community Improvement Plan 5-3 April 2015 oa b7 Summary Table of Eligible Properties and Uses Sub- Eligible El ltrale - Rrax. : a Liege co • Properties designated Commercial by the . Commercial and mixed-uses. local Official Plan,which are located within • Industrial c rases are not in proximity to an established downtown or co Settlements mainsheet area. Sub-Area Cc • Properties designated by tt a local Official Plan to permit tourism-oriented and outdoor Tourism oriented commercial/service establishments and recreational uses. outdoor recreation uses. • Secondary and agriculture-related uses related to existing farm operations. Agricultural • Properties designated Agricultural Area by„ls • Tourism oriented commercial!service establishments and Sub-Area County Official Plan. outdoor recreation uses>'vrt7ere permitted by the local Official Plan). = On-farm residential uses are not eligible. 11) 11d ria CD O J1 Elgincentives be 0 Bayham Elgincentives Community Improvement Plan 5-4 April 2015 aG 5.3 Tax Increase Equivalent Grant for Value of Grant Major Projects Where a proposed project satisfies the eligibility requirements, a Tax Increase Equivalent Grant for Major Projects may be Purpose and Anticipated Benefits provided on approved applications as follows: CDCD The Tax Increase Equivalent Grant for Major Projects is • The tax increase will be calculated following the CD intended to stimulate investment by effectively deferring part of reassessment of a property. The increase will represent the increase in property taxation as a result of the major the difference between the former tax assessment (prior to CD CD development, redevelopment, reconstruction, or rehabilitation improvements) and the new tax assessment (after of a lands or building. Grants that are equivalent to a improvements). percentage of the resulting municipal and/or County portion • In the first year following reassessment, a grant that is of the property tax increase are provided to a property owner equivalent to 50% of the municipal and/or County following the reassessment of the property, portion of the tax increase will be provided to a property Note: In order to determine the suitability of the Tax Increase owner. Grants will be provided for a period of 5 years. Equivalent Grant for Major Projects, eligible applicants should Following year one, and for or each year thereafter, the attempt to estimate the total potential value of the grant prior to value of the grant will decrease as follows: submitting an application for the program. The estimate - In year two, the grant will be equivalent to 40% of the should consider current assessment values, total anticipated municipal and/or County portion of the tax increase; investment, and the potential reassessment based on In year three,the grant will be equivalent to 30%of the completing the approved community improvement works. municipal and/or County portion of the tax increase; Upon reassessment of the property, should the total value of - In year four, the grant will be equivalent to 20% of the the grant be significantly less than the applicant's estimated municipal and/or County portion of the tax increase; value, the applicant may then have the opportunity to withdraw and their application for the Tax Increase Equivalent Grant for In year five, the grant will be equivalent to 10% of the Major Projects, and apply for one or more of the additional municipal and/or County portion of the tax increase. programs offered through this Plan - which may result in a more significant grant value. • The maximum value of an annual grant may increase where the property is located within a `Priority Area' (as Elgrnc n, l s (-5; Bayham Elgincentives Community Improvement Plan 5-5 April 2015 oc discussed in Section 4.3 of this CIP). In this case, a grant Scale projects (defined as those that involving less that that is to equivalent to 100% of the municipal and/or 25%of the existing gross floor area)will not be considered County portion of the tax increase will be provided to a eligible under this program, but may be eligible for other property owner in year one. Following year one, and for or programs in this Plan. each year thereafter,the value of the grant will decrease as d. The property owner is responsible for the entire cost of the follows: major project. In year two, the grant will be equivalent to 80%of the a1 and/or CountyEligible Projects and Costs municipal portion of the tax increase; In year three,the grant will be equivalent to 60%of the The Tax Increase Equivalent Grant for Major Projects may be municipal and/or County portion of the tax increase; provided for the following types of major projects on eligible o - In year four,the grant will be equivalent to 40% of the properties: municipal and/or County portion of the tax increase; a. The development of new eligible uses on a vacant and property; In year five, the grant will be equivalent to 20%of the b. The redevelopment of a property for the purpose of a new municipal and/or County portion of the tax increase. eligible uses; Program-specific Eligibility Criteria c. The restoration or improvement of an existing building to accommodate an eligible use; To be eligible for the Tax Increase Equivalent Grant for Major Projects, the following criteria must be met (in addition to the d. The conversion of an existing building to accommodate an general eligibility criteria set out in Section 5.2 of this CIP): eligible use; e. The expansion of a building that results in an increase to a. The applicant must be a registered owner/assessed owner the gross floor area of an eligible use; of private property located within a'Sub-Area'. Tenants are f. Infrastructure work including the improvement or not eligible for this program. reconstruction of existingon-site public infrastructure 11) b. A property is eligible for the Tax Increase Equivalent Grantcra (water services,sanitary and storm sewer);and for Major Projects once during the term of this CIP. g. The services of a professional engineer, architect or c. The proposed project must be'major', meaning that 25%or planner to design and implement the project. o� more of the existing gross floor area is affected. Small J1 El gincenn.n ves r- N L Bayham Elgincentives Community Improvement Plan 5-s April 2015 . ao to Other types of projects may also be considered eligible, at the Payment discretion of Council. The total value of grants shall not exceed the total eligible costs of an approved project as invested by the applicant, or Examples xamples of Projects that may be shall not be paid to the applicant for a period more than ten eligible for the Tax Increase years,whichever is the lesser amount. Equivalent Grant for Major Projects: Grants may require a financial pro-forma(at the expense of the applicant), an independent third party financial review (at the CD DDeveloprnant of a neW 2 storeymixed-use expense of the applicant), and a signed agreement(specifying building on a vacant commercial prop tly in aterms, conditions, performance expectation and duration of the downtown area. grant). • Major conversion of the rapper floor of an existing commercial building to new residential If a property is sold, in whole or in part, before the original Units. grant period lapses, the original owner is not entitled to receive • tvtajor redevelopment of an existing the remaining rebate payments (for the municipal and/or commercial property inSettlement Area for County portion) under the original agreement. The original commercial l use. owner may also be required to repay any grant payments • Major conversion of an existing agricultural made to them prior to sale of the property. building to accommodate a bid and breakfas Applicants receiving the Tax Increase Equivalent Grant for establishment with up to 6 monis. Major Projects will not be eligible for any additional incentive • Major expansion of an existing agricultural programs offered through this Plan in any given year during the storage and processing facility. term of the CIP. The Tax Increase Equivalent Grant for Major Projects may not be combined with any other financial incentive programs offered by this CIP. CD 0 w c.J, J An Elgincentives (-5; Bayham Elgincentives Community Improvement Plan 5-7 April 2015 oc 5.4 Façade, Signage, and Property • For a signage improvement project, a grant may cover 50% of the eligible cost of the signage improvement to a Improvement Grant maximum of$2,500. fa. Purpose and Anticipated Benefits The maximum value of the grant may increase to $5,000 if the building has more than one street The purpose of the program is to assist with the financing of address and/or storefront, or if the building has more improvements to a building's facade or signage, or to assist than one wall that is visible from a public street, or with other eligible improvements to private property (i.e., fronts onto a laneway or parking lot. parking and landscaping), which may otherwise be considered - The maximum value of the grant may increase to cost prohibitive by a property owner or tenant. $7,500 where the property is located within a 'Priority Value of Grant Area'(as discussed in Section 4.3 of this CIP). • For a property Improvement project, a grant may cover Where a proposed project satisfies the eligibility requirements, 50% of the eligible cost of the property improvement to a a Facade, Signage, and Property Improvement Grant may be maximum of$2,500. provided on approved applications as follows: - The maximum value of the grant may increase to • For a façade improvement project, a grant may cover $5,000 where the property is located within a 'Priority 50% of the eligible cost of the facade improvement to a Area'(as discussed in Section 4.3 of this CIP). maximum of$5,000. Eligibility Criteria The maximum value of the grant may increase to $7,500 if the building has more than one street To be eligible, the general eligibility criteria set out in Section address and/or storefront, or if the building has more 5.2 of this CIP apply. than one wall that is visible from a public street, or Eligible Projects and Costs fronts onto a laneway or parking lot. - The maximum value of the grant may increase to The Facade, Signage, and Property Improvement Grant may CD $10,000 where the property is located within a be be provided for the following costs related to projects on Area'(as discussed in Section 4.3 of this CIP). eligible properties and uses: oc 0 J1 Elgincenttves Bayham Elgincentives Community Improvement Plan 5-8 April 2015 • For a façade Improvement project, improvements to the c) Restoration or replacement of windows, doors and main facade of buildings are eligible. Where a side and/or awnings; rear wall is visible from a public street or public space, or d) Restoration or replacement of exterior lighting; o fronts onto a laneway or parking lot,improvements to these e) Exterior painting; CD walls may also be eligible. Eligible costs include the 0o following: f) Chemical or other façade cleaning; _ g) Redesign of storefront or entrance modifications, Examples of Projects that may be including provisions to improve accessibility for the CD CD eligible for the Facade, Signage, disabled;and h) Such other similar improvements and repairs that may and Property Improvement Grant: be necessary to improve the appearance of a building 0 • Removal of claridirig/restoration of original fanade exterior. brick arid stone on a building in the • For a signage Improvement project, improvements to the downtown area. main storefront sign of buildings are eligible. Where a side - Installation of new signage on a Marina in, and/or rear wall sign is visible from a public street or public the Lakeshore Recreation area. space, or fronts onto a laneway or parking lot, • Improvements to the parking area of an improvements to these signs may also be eligible. estate Winery, including the addition of • For a property Improvement project, improvements to the bicycle and rrootCarcyCle parking. front yard of properties are eligible. Eligible costs include • Replacement of windows, doors Brod the following: awnings on a cafe and bakery located on the mainstreet of a Settlement Area. a) Addition of landscaping features (plants/green space, including sod,trees,vegetation, etc.); a) Restoration or replacement of exterior building b) Addition of permanent landscaping elements such as (Ttreatments, such as brickwork/cladding/siding; fencing,benches,planters, and lighting; b) Restoration or replacement of cornices, eaves, and c) Addition of new parking/existing parking area upgrades parapets; for cars, motorcycles,and bicycles; 0 E gine enuvt u, N Bayham Elgincentives Community Improvement Plan 5-9 April 2015 vc d) Improvements to rear building entrances and rear 5.5 Building Improvement/ parking areas; e) Addition of walkways;and Maintenance Grant f) Such other similar improvements and repairs that may Purpose and Anticipated Benefits be necessary to improve a property. This program will assist with maintenance and physical • For all types of improvement projects, the services of a improvement of existing buildings that may otherwise be professional engineer, architect or planner to design andCD considered cost prohibitive by a property owner or tenant. implement the project will also be considered eligible costs. Projects may be undertaken in order to meet the current CD' Payment Building Code, improve aesthetic quality, and to provide for safe and usable eligible uses. The grant will be provided upon successful completion of the approved project. Value of Grant Subject to the availability of resources, up to 100%of the grant Where a proposed project satisfies the eligibility requirements, values identified above may be funded by Elgin County. a Building Improvement/Maintenance Grant may be provided on approved applications that covers 50%of the eligible cost of Applicants receiving the Facade, Signage, and Property the improvements to a maximum of$8,000. Improvement Grant may be eligible for additional incentive programs offered through this Plan (with the exception of the - The maximum value of the grant may increase to $10,000 Tax Increase Equivalent Grant for Major Projects); however, where the property is located within a `Priority Area' (as the total combined value of grants in any given year shall not discussed in Section 4.3 of this CIP). exceed$15,000 per property. Eligibility Criteria To be eligible, the general eligibility criteria set out in Section 5.2 of this CIP apply. cr CD 0 Section g ncLntivo's N L Bayham Elgincentives Community Improvement Plan 5-10 April 2015 2. ao Eligible Projects and Costs Applicants receiving the Building Improvement/Maintenance Grant may be eligible for additional incentive programs offered The Building Improvement/Maintenance Grant may be through this Plan (with the exception of the Tax Increase o provided for the following costs related to projects on eligible Equivalent Grant for Major Projects); however, the total properties and uses: combined value of grants in any given year shall not exceed a) Structural repairs to walls,ceilings,floors,and foundations; $15,000 per property. b) Interior restoration and design; c) Repair/replacement/installation of building infrastructure, xamples of Projects that may such as roofing,windows,and doors; r d) Repair/re lacementrnstallation of eligible Building p plumbing, electrical, HVAC,and fire protection systems; Improvement/Maintenance Grant: e) Weatherproofing; • Entrance modifications to a. 9otiti .un f) Improvements to accessibility for people with disabilities; restaurant to provide barrier-free accessibility. g) Any other improvements that may bring a building up to • Interior restoration aRci design of 2 tipper-flcr r code, or address health, safety, or risk management rental housing units That wore previously issues;and unoccupied on a Settlement area mainstrcei. h) The services of a professional engineer, architect or • Structural repairs and improvements to an planner to design and implement the project. agricultural outbuilding that is currently bei Payment used commercially to sell cheese that was processed.on-site. The grant will be provided upon successful completion of the - approved project. b Subject to the availability of resources,up to 100%of the grant values identified above may be funded by Elgin County. CD O ,25 Elgincen t tvi.-N Bayham Elgincentives Community Improvement Plan 5-11 April 2015 cro 5.6 Building Conversion/Expansion Eligible Projects and Costs Grant The Building Conversion/Expansion Grant may be provided for the construction and renovation costs related to the following eD Purpose and Anticipated Benefits types of projects on eligible properties and uses: The purpose of the program is to assist in the small-scale Examples of conversion of existing vacant space into new commercial, mixed-use and other eligible uses. Additionally, this program eligible for the Building will assist with the minor expansion of existing eligible uses to Conversion/ExpansionGrant: cp support growing businesses thereby increasing non-residential assessments. • Conversion of existing vacant upper-floor space in a downtown commercial buifoino Value of Grant an upper-floor rertfiral housing ttnit. Where a proposed project satisfies the eligibility requirements, • ��r��� r ibfl of n eYisti nth t�ri�l r; B ;I Orian a Building Conversion/Expansion Grant may be provided on 4Jri 4iflUr��! pl' p r4'v intoaF 1Iiiip 2and approved applications that on the basis of$15 per square foot rental PIC f01 ehtlrir n s vents. of converted or expanded floor space, to a maximum of • E partsi}f of an e ,istirtg !arm vac trot hof p $8,000. to include n aCC 0MMD(di ll0f) 5 w i The maximum value of the grant may increase to $10,000 where the property is located within a 'Priority Area' (as a) Conversion of non-commercial or vacant space into new discussed in Section 4.3 of this CIP). commercial, mixed-use, secondary uses, and agriculture- related uses,and other eligible uses; Eligibility Criteria b) Conversion of upper storey space (whether vacant, office, To be eligible, the general eligibility criteria set out in Section commercial or other non-residential use) into new 5.2 of this CIP apply. residential units; v Elgincentives N LA Bayham Elgincentives Community Improvement Plan 5-12 April 2015 ao to c) Conversion of a building or a unit in a building into a hotel, 5.7 Energy Efficiency Retrofit Grant inn or bed and breakfast; iv d) Conversion of existing ground floor commercial space to Purpose and Anticipated Benefits ° better suit a new commercial use (e.g., retail to restaurant); The Energy Efficiency Retrofit Grant Program offers grants to Uc' and eligible property owners for retrofits that improve the overall e) Expansion of existing eligible uses to increase the gross energy efficiency of their buildings. The program will improve CD floor area. the energy efficiency of buildings on eligible properties and CD For all types of improvement projects, the services of a uses as well as support the community's overall environmental ro professional engineer, architect or planner to design and sustainability. implement the project will also be considered eligible costs. Value of Grant O Payment For an Energy Efficiency Retrofit project, a grant may cover up The grant will be provided upon successful completion of the to 25%of the retrofit costs to a maximum of$7,500. approved project. The maximum amount of a grant for renovations that result Subject to the availability of resources, up to 100%of the grant in third-party certification or compliance with third party values identified above may be funded by Elgin County. energy efficiency standards shall be$10,000. Applicants receiving the Building Conversion/Expansion Grant The maximum amount of a grant for the services of a may be eligible for additional incentive programs offered professional architect or engineer shall not exceed 15% of the through this Plan (with the exception of the Tax Increase grant that is calculated for eligible costs. Equivalent Grant for Major Projects); however, the total Eligibility Criteria combined value of grants in any given year shall not exceed $15,000 per property. To be eligible, the general eligibility criteria set out in Section 5.2 of this CIP apply. In addition, the applicant may be required to have a professional energy audit completed in order to determine and demonstrate the need for energy efficiency upgrades. O c,n 77. gincerar '= ►? v, Bayham Elgincentives Community Improvement Plan 5-13 April 2015 oc Eligible Projects and Costs ii. Heat pumps For an Energy Efficiency Retrofit project, eligible costs include iii. Gas furnaces and gas boilers iv. Ventilation fans and the following: v. Doors and Windows co a) Interior or exterior renovations that result in a third party certification or meet a third party energy efficiency standard But not including home appliances and small appliances which exceeds the requirements of the Ontario Building such as refrigerators clothes washers dryers televisions Code and demonstrably increases energy efficiency ceiling fans etc; including: e) Installation of energy efficient lighting controls such as r i. Interior or exterior renovations that result in any level automatic timers,photocells or motion sensors; of LEED certification as determined by the Canada f) Fees of a professional architect or engineer for the design 0 Green Building Council inclusive of certification of services related to the above noted eligible projects;and through LEED for Commercial Interiors LEED for New g) Any combination of the above. Construction as it related to major renovations LEED for Core and Shell Renovations and LEED for Existing Buildings. Examples of Projects that may be ii. Interior or exterior renovations that result in eligible for the Energy Efficiency compliance with ASHRAE SNAE Standard 90.1.1999 Retrofit Grant: or newer ie energy performance standards for buildings except low rise residential buildings asicfdrtian GI a green roof to an existing certified by a professional engineer or professional fl�?4r�tr7UfMcommerdat building.architect. r.� r b) Addition of a green roof to an existing building; Installation of ENERGY STAR certified (tours and windows on an exosliiig restaurant on the c) Installation of appropriate on site thermal renewable energy mainstroet of a Part area projects such as solar hot water geothermal air source heat pumps or solar wall; • lnstallati n ref energy eflicent lightingcontrols cra in anon-farm boutique hand-crafted d) Installation of energy STAR certified heating cooling plceltlCk made an and ail the far-tri. ventilation products and features including: 0 I. Central Air Conditioner /CS Elgincentives u, Bayham Elgincentives Community Improvement Plan 5 -14 April 2015 vc Payment 5.8 Outdoor Art Grant The grant will be provided upon successful completion of the Purpose and Anticipated Benefits approved project. The Outdoor Artwork Grant program offers grants to property Subject to the availability of resources, up to 100%of the grant 64' owners for the permanent installation of outdoor values identified above may be funded by Elgin County. artwork/sculptures on eligible properties within the GIP 'sub- CD Applicants receiving the Energy Efficiency Retrofit Grant may areas'. The program will help to promote local art and improve CD be eligible for additional incentive programs offered through the visual aesthetics of the lakeshore and tourist corridors. this Plan (with the exception of the Tax Increase Equivalent CD Grant for Major Projects);however, the total combined value of Value of Grant grants in any given year shall not exceed$15,000 per property. Where a proposed project satisfies the eligibility requirements, An Outdoor Art Grant may be provided on approved Xairtples of Projects that may be applications for 50%of the eligible cost of the improvements to a maximum of$3,000. eligible for the Outdoor Art Grant: Program-specific Eligibility Criteria • Installation 4t a tile rn4=aiG on a cement To be eligible, the following criteria must be met (in addition to walkway to a commercial building in a the general eligibility criteria set out in Section 5.2 of this CIP): Settlement Area. • Installation of outdoor sculptures surrolimilbg a. The eligible property must be located within a'Priority Area' the parking area °tan art gallery m thg (as discussed in Section 4.3 of this CIP);and downtown area. > b. Eligible projects must be visible from a public street or • Creation of barn murals at a pick-your-own sidewalk. -d facility in the agricultural area. Eligible Projects and Costs cr CD For an Outdoor Art Work Grant, the following tYPes of permanent art are considered eligible: Elgincentives (-5; Bayham Elgincentives Community Improvement Plan 5-15 April 2015 oc a. Murals; b. Sculptures; 5.9 Feasibility, Design, and Study c. Paintings; r d. Local heritage based art pieces and displays; Grant En e. Interactive art pieces and displays;and, Purpose and Anticipated Benefits CD f. Any other art piece or display as approved Council. The Feasibility, Design and Study Grant may be available to rD The following types of costs are considered eligible: property owners and tenants for the completion of a range of � ' a. Materials; studies and plans that will investigate the potential of or b. Installation;and, support a new business or development project. This program may help with the establishment of new and innovative c. Lighting and landscaping that highlights the public art. development projects and businesses ventures on eligible Payment properties. The grant will be provided upon successful completion of the Value of Grant approved project. Where a proposed project satisfies the eligibility requirements, Subject to the availability of resources, up to 100%of the grant a Feasibility, Design and Study Grant may be provided on values identified above may be funded by Elgin County. approved applications for 50% of the eligible cost of the improvements to a maximum of$2,000. Applicants receiving the Outdoor Art Grant may be eligible for Eligibility Criteria additional incentive programs offered through this Plan (with the exception of the Tax Increase Equivalent Grant for Major To be eligible, the general eligibility criteria set out in Section Projects); however,the total value of all grants will not exceed 5.2 of this CIP apply. the total eligible costs of an approved project as invested by Eligible Projects and Costs cra the applicant,or$15,000,whichever is the lesser amount. CD G.) The following types of plans or studies will be eligible for the feasibility,design and study grant: O J1 Elgincer ve r N O_ Bayham Elgincentives Community Improvement Plan 5-16 April 2015 CD ac • Concept plans 5.10 Planning Application and • Site plan drawings; Feasibility studies; Building Permit Fee Rebate ° Environmental studies; Purpose and Anticipated Benefits • Structural analyses; 64. • Evaluation of existing and proposed mechanical,electrical The purpose of this program is to provide a rebate for a portion F and other building systems; of the fees required for planning applications or building CD • Traffic Impact Assessments; permits in relation to an improvement project. This program is • Market analyses; intended to reduce the costs of making improvements to �' properties by assisting with the planning and building permit • Business plans;and fees that may be incurred in association with an improvement. o • Any other study or plan as approved. Value of Rebate The plan or study must provide new information about the feasibility and costing of an eligible use, or provide details in Where a proposed project satisfies the eligibility requirements, support of a new business or development. a Planning Application and Building Permit Fee Rebate may be Payment provided on approved applications that covers 50% of the municipal and/or County portion of the eligible cost to a The grant will be provided upon successful completion of the maximum of$2,000. approved project. Program-specific Eligibility Criteria Subject to the availability of resources, up to 100%of the grant To be eligible for the Planning Application and Building Permit values identified above may be funded by Elgin County. Fee Grant, the following criteria must be met (in addition to the Applicants receiving the Feasibility, Design and Study Grant general eligibility criteria set out in Section 5.2 of this CIP): may be eligible for additional incentive programs offered A property owner or tenant of an eligible property or a through this Plan (with the exception of the Tax Increase property owner or tenant of a residential property that is crq Equivalent Grant for Major Projects); however, the total proposed to be rezoned for eligible uses. combined value of grants in any given year shall not exceed $15,000 per property. 0 Elgincentives v, Bayham Elgincentives Community Improvement Plan 5-17 April 2015 cro Eligible Projects and Costs 5.11 Multiple Properties Bonus Grant Eligible costs include the following: Purpose and Anticipated Benefits • Municipal and County planning application fees,including CDThe Multiple Properties Bonus Grant is designed to encourage minor variances, site plans,zoning by-law amendments or a 'community' approach to improvement projects. Where official plan amendments;and/or • Municipal building permit fees or change of use permits. multiple owners or tenants of eligible properties and uses implement a co-ordinated approach to improvement projects CDPayment and capital investments that are eligible under the financial incentive programs of this CIP, each owner or tenant will be c The rebate will be provided upon successful completion of the eligible for a 'Bonus Grant'. The 'Bonus Grant' is offered in approved project. addition to the grant(s)that have been approved for a project. Applicants receiving the Planning Application and Building Value of Grant Permit Fee Rebate may be eligible for additional incentive programs offered through this Plan (with the exception of the Where a proposed project satisfies the eligibility requirements, Tax Increase Equivalent Grant for Major Projects); however, a Multiple Properties Bonus Grant may be provided on the total combined value of grants in any given year shall not approved applications to each owner or tenant involved in an exceed$15,000 per property. eligible improvement project, in addition to the sum of the grant applied for. The value of the Bonus Grant will be equal Examples of Projects that may be to 15%of the total value of the grant provided to each owner or tenant,to a maximum of$1,000 per owner or tenant. eligible for the Bonus Grant: Eligibility Criteria • Noighbou(ir q property owners€-on dfir ate r r �r ir�aa i to share J Jancis,�apiriq'p irkinc To be eligible, the general eligibility criteria set out in Section areas tri adcillk n Ih.e x:2.500 Ot t each owrier 5.2 of this CIP apply, as well as any Program-specific Eligibility IS granted 1hrour it the Facar e. Signace. arid Criteria that apply to the incentives programs for which the Property Improver ril. Gran t, a bonus ward of applicant is applying. oc Sr,375 is provided 10 each. 0 F1gin enttves rb 0 v, Bayham Elgincentives Community Improvement Plan 5-18 April 2015 oa Program-specific Eligibility Criteria 5.12 Savour Elgin/Elgin Arts Trail ts- To be eligible,the following criteria must be met: Bonus Grant • Owners or tenants of properties that are located in a. Purpose and Anticipated Benefits proximity to each other must prepare and submit applications for financial incentives at the same time, The Savour Elgin/Elgin Arts Trail Bonus Grant is designed to indicating that the proposed projects are being coordinated. support the growth of the 'Savour Elgin' and `Elgin Arts Trail' • Applications must be submitted and approved for the programs, which promote and enhance culinary tourism and CD following financial incentives programs only: visual arts attractions in Elgin in Coun Where owners or Facade, Signage,and Property Improvement Grant; tenants of eligible properties undertake an improvement project CD Building Improvement/Restoration Grant; that involves an eligible use that will also meet the criteria of Building Conversion/Expansion Grant; the 'Savour Elgin' and 'Elgin Arts Trail'programs,the owner or Energy Efficiency Retrofit Grant; tenant will be eligible for a'Bonus Grant'. The 'Bonus Grant'is offered in addition to the grant(s) that have been approved for Outdoor Art Grant. a project. Eligible Projects and Costs Value of Grant Eligible costs include those costs identified under the specific incentive program for which owners and tenants are applying. Where a proposed project satisfies the eligibility requirements, a Savour Elgin/Elgin Arts Trail Bonus Grant may be provided Payment in addition to the sum of the grant applied for. The value of The grant will be provided upon successful completion of the the Bonus Grant will be equal to 15% of the total value of the approved project. grant provided,to a maximum of$2,000. Subject to the availability of resources, up to 100%of the grant Eligibility Criteria - values identified above may be funded by Elgin County. To be eligible, the general eligibility criteria set out in Section as 5.2 of this CIP apply, as well as any Program-specific Eligibility This'Bonus Grant'may not be combined with the Tax Increase Criteria that apply to the incentives programs for which the ‘soEquivalent Grant for Major Projects. applicant is applying. Elgince 'ti yes v, Bayham Elgincentives Community Improvement Plan 5-19 April 2015 cro — Program-specific Eligibility Criteria Examples of Projects that may be To be eligible for the Savour Elgin/Elgin Arts Trail Bonus Grant, eligible for the Bonus Grant: F3' the following criteria must be met: • A buildIng want converts axisiing v' arnt CD • Owners or tenants must prepare and submit an pae into a gaslropub. The building is applications, indicating that the proposed improvement T Cited In a dovvritov6rn area. cion g a Tourism projects involves the establishment of a new eligible use that will also meet the criteria of the 'Savour Elgin' and Corridor Priority / i ea. Following project CD CD 'Elgin Arts Trail'programs. complp:tion, the tenant meetE., the Criteria at Owners or tenants must also meet the criteria of the late Savour Elgin proWarn� • l� � arn and becomes a ro 'Savour Elgin' and `Elgin Arts Trail' programs and be member. In addition Id the $10,000, tl-omt is confirmed as a member to these programs. ranted lhi rxig1-a the Building conversion' ExpatiSuc.n Grant, a bonus grant of$1,500. Eligible Projects and Costs Eligible costs include those costs identified under the specific incentive program for which owners and tenants are applying. 5.13 Financial Incentives Summary Payment Table The grant will be provided upon successful completion of the A summary table that provides an overview of the details for approved project and upon successfully becoming 'Savour each of the financial incentive programs is provided on the Elgin'and'Elgin Arts Trail'programs partners/members. following page. Subject to the availability of resources, up to 100%of the grant values identified above may be funded by Elgin County. This 'Bonus Grant'may not be combined with the Tax Increase Equivalent Grant for Major Projects. w N 0 0 J /CS E1 incen - ves C3 t' coN O O Bayham Elgincentives Community Improvement Plan 5-20 ed April 2015 ' (ra AD Available In AvalIabte ih t3 Financial Settlem„Is Efigrhlc Agricultural Lilgi bre Value of Grant In a hilly de Incentive Program Sub.Area Uaas Sub-Area Utes Sub.:Atea Value of Grant In a Priority Area combined with Er other incentives Tax Increase SC.%a1 the,Tiueri6pr i author County 100%of me municipal anaior County pomon o Equivalent Grant Y C,M,T,O Y A,O portion of the tax Increase decreasing of the tax increase decreasing by 20%for a N Ca- for Major Projects by 10%for a period of 5 years period of 5 years co Facade:50%of eligible costs to a max. 1of$5,000(may increase to$7,500 if Facade:50%of eligible costs to a max.of Facade,Signage criteria are met) $10,000 P',2.- and Property Y C,M,T,O Y A,O Signage:50%of eligible costs to a Signage:50%of eligible costs to a max.of$ Y. Improvement max.of$2,500(may increase to$5,000 $7,500 CD Grant if criteria are met) Property:50%of eligible costs to a max.of P Property:50%of eligible costs to a $5,000 max.of$2,500 co Building Improvement/ Y C,M,T,O Y A,O 50%of eligible costs to a max of$8,000 50%of eligible costs to a max,of$10,000 Y' O Restoration Grant Building $15 per square foot of converted or Maximum value of the grant may increase to Conversion/ Y C,M,T,O Y A,O expanded floor space,to a maximum of $10,01)0 Y' Expansion Grant $8,000 Energy Efficiency 25%of the retrofit costs to a maximum Maximum value of the grant may increase to Retrofit Grant Y C,M,T,O Y A,0 of$7 500 $10,000 Y • Y—Must 50%of the eligible cost of the improvements Outdoor Art Grant also be in C,M,T,O Y A,O N/A to a maximum of$3,000 Y" Priority Area Feasibility/Designy C,M,T,O Y A,O 50��of the eligible cost of the Same Y' Study Grant improvements to a maximum of$2,000 Application and 50%of the muniapal and/or County Penult Fee Y C,M,T,O Y A,O portion of the eligible cost to a maximum Same Y' Rebate of$2,000 Multiple Property Provided in addition to grants identified above,if criteria are met. 15%of the total value Owner Bonus Y C,M,T,O Y A,O of the grant provided to each owner or tenant,to a maximum of$1,000 per owner or Y' Grant tenant. Savour Provided in addition to grants identified above,If criteria are met. 15%of the total value Elgin/Elgin Arts Y C,M,T,O Y A,O of the grant provided to each owner or tenant,to a maximum of$2,000 per owner or Y' Trails Bonus tenant. b Grant .---- Po CQ Y—Yes O—Outdoor recreation t� N—No A—Secondary and agriculture-related uses related to existing farm operations N C—Commercial Uses N/A—Not available I M—Mixed Uses O T—Tourism-oriented commercial/service Total value of all grants may not equal more than$15,000 VI J ElginC zrp ).e,s "CD ! wPV _ _ O. 6A� By-Law 2015-072 Being a By-law to designate the entirety of... Page 322 of 357 r N Bayham Elgincentives Community Improvement Plan 6-1 April 2015 CD ac 6 .0 6.2 Administrative Body Administration The `Elgincentives Implementation Committee' has the a,' responsibility of administering the Elgincentives CIP, including financial incentive programs. Specifically, the `Elgincentives The Elgincentives CIP will be Implementation Committee'will: CD CD administered by the Municipality of a) Receive and review all applications for financial rD Bayham in partnership with Elgin incentives;and b) Make a decision on whether an application should be County. The following Section approved or refused, based on the criteria outlined in provides a framework for this Plan. administering financial incentive The 'Elgincentives Implementation Committee' will consist of programs. senior staff from all seven of the lower tier municipalities (when required) including the Municipality of Bayham, in addition to 6.1 Term of the CIP staff from Elgin County. Applications will be regarded on a first come,first served basis, It is anticipated that the Elgincentives CIP will be implemented and evaluated based on criteria set out by the 'Elgincentives over a 10-year period ending December 31, 2025. Should it be Implementation Committee'. determined that the term is to be extended or reduced, an amendment to this CIP will be required. Actual payment of tax assistance and grants (both the local and County funded portions) to an approved applicant will be the responsibility of the Municipality of Bayham. Funding from CIG Elgin County will be provided to the Municipality and not directly to an approved applicant. o t_n Elgincentives (-5; Bayham Elgincentives Community Improvement Plan 6-2 April 2015 oc The 'Elgincentives Implementation Committee' will also be put into effect for that year, if any. Subject to the availability of responsible for: resources, up to 100% of the grant programs may be funded by Elgin County, with the exception of the Tax Increase c) Marketing the Elgincentives CIP in accordance with the Equivalent Grant (for Major Projects) and Application and co Marketing Strategy outlined in Section 7.0 of this CIP; Permit Fees Rebate. For these programs, local and County and Councils will only have the option of funding their portion of the d) Monitoring the results of the Elgincentives CIP, and property tax increase or planning application/building permit specifically the financial incentive programs, in fees. CD CD accordance with the Monitoring Strategy outlined in Section 8.0 of this CIP. Since applications will be regarded on a first come first served Cc basis and evaluated on the criteria set out by the'Elgincentives 6.3 Funding of Financial Incentives Implementation Committee',the provision of any incentive shall be to the limit of the available funding for that year. To the Any number of the financial incentives identified in this Plan extent possible the Committee shall endeavour to distribute may be put into effect during the term of the CIP,subject to the grants throughout the County for eligible projects. Once the availability of funds and other resources. Annually, the annual budgets have been expanded, grants will no longer be 'Elgincentives Implementation Committee' will report to the provided until the following year. local Council of Bayham and Elgin County Council with respect to financial incentives that will be in effect within the The annual budget for financial incentives will not fund tax Community Improvement Project Area for that year. assistance programs offered by this Plan, since these are not "out of pocket" expenses. Funding for these incentives will be The incentive programs will be funded by the Municipality of provided as reimbursements in the year following payment to Bayham in partnership with Elgin County. As part of the the Municipality of Bayham or Elgin County,or as cancellations, annual budgeting exercise, local and County Councils will and therefore do not require funding. identify a community improvement budget for financial incentives that have been put into effect for that year, if any. Actual payment of tax assistance and grants (both the local cra and County funded portions) to an approved applicant will be CD During the annual budgeting exercise, the Councils of Bayham the responsibility of the Municipality of Bayham. Funding from and Elgin County will also identify the extent to which they will Elgin County will be provided to the Municipality of Bayham participate in the various financial incentives that have been and not directly to an approved applicant. J1 Elgincentives 0 v, Bayham Elgincentives Community Improvement Plan 6-3 April 2015 ' oa 6.4 Application Process Committee' and, if approved, notice of completion will be issued and the financial assistance will be initiated; The following is a summary of the process for the submission, g) Upon completion of a community improvement project,the evaluation, and approval of Financial Incentive Program 'Elgincentives Implementation Committee' reserves the applications: right to inspect any properties/buildings, or to audit final costs at the owner's expense; a) Applications must be submitted in accordance with the requirements outlined in Section 6.4; h) Funding approval will lapse if a notice of completion is not issued within twelve months of the date of execution of the b) The 'Elgincentives Implementation Committee' will Financial Assistance Agreement; evaluate all applications and supporting materials in a timely manner. Applicants will be notified if their i) The 'Elgincentives Implementation Committee' may grant submission is incomplete; an extension for community improvement works following receipt of a written request by the owner setting out the c) Based on the evaluation of complete applications, a reasons for the extension and providing a new date of decision will be made by the 'Elgincentives Implementation completion;and Committee' with respect to the approval or refusal of an application; j) Should the applicant fall into default of any of the requirements of the incentive program or other d) For applications that are approved, a Financial Assistance requirements established by the 'Elgincentives Agreement will be prepared and executed by the Implementation Committee', incentives may be delayed, 'Elgincentives Implementation Committee`; reduced, or cancelled. Applicants may be required to e) Any program commitments may be cancelled if work does repay benefits. not commence within six months of approval of an application, or if a project is not undertaken or completed The figure provided on the following page summarizes the key in accordance with the Financial Assistance Agreement; steps of the application and review process. 1) When projects are completed, a statement with supporting invoices shall be submitted to the 'Elgincentives Implementation Committee'. Following this, the work will cra be inspected by the 'Elgincentives Implementation CDw 0 w Elgince .t i-e r- Vi Bayham Elgincentives Community Improvement Plan s-4 April 2015 oc Key steps of the Eigincentives CIP Application and Review Process: 3 oa I Approved Applicant Application Application Committee undertakes County provides Grant is Paid cif ant payment by local Submitted i to Reviewed by Makes aeci$iori vorkino ifies Committee Committee .7Con mittee o Iraqi Municipality upon Municipality to Applicant compietirn AD CJA CD 01 0 U.) J1 /CS Elgincentives N cs Bayham Elgincentives Community Improvement Plan 6-5 April 2015 ao 6.5 Application Requirements Applications for financial incentives offered through this Plan must include: roa) Three(3)copies of the completed application form; aq b) Three (3) copies of all supporting documentation, as determined by the 'Elgincentives Implementation Committee',which may include(but is not limited to): ro i) Specifications of the proposed project, co including good quality plans, drawing, and o studies; �-n ii) Good quality photographs of the existing building condition; iii)Past/historical photographs and/or drawings; iv) Two (2) cost estimates for eligible work provided by licensed contractors; v) All sources of additional funding/incentives for eligible work; vi) A statement with respect to how the proposed project meets the goals and objectives of the CIP;and vii) Any additional requirements as determined by the Committee. 170 CD tv J 0 c� Elgince,r+ v e; INIIIIIIIII A6e1eJTS 6U ! e) J "I MI LI r z cra 'nn)161 7IP 4 ,Jy H a rr.,9 By-Law 2015-072 Being a By-law to designate the entirety of... Page 328 of 357 N NJ Bayham Elgincentives Community Improvement Plan 7-1 April 2015 ' ao a) Primary target markets: 7. 0 i. Property owners and operating businesses located within the various geographic specific Sub-Areas of I\/I a r ket n gStrategy the Community Improvement Project Area to ensure that there is awareness of the programs and opportunities of the CIP;and The success of the Bayham ii. Commercial and industrial realtors,to ensure that part CD r Elgincentives CIP will depend to a of the 'marketing pitch' for any properties offered for large extent on how well it is promoted sale in the Community Improvement Project Area includes the availability of incentives. to target markets/potential applicants. b) Secondary target markets: A general strategy is outlined in this i. The broader business community and potential section that provides guidance for investors (located both within and outside of Elgin marketing. County) to which economic development marketing materials are generally directed, to promote the pro- 7.1 Target Markets active economic development stance of this CIP. Marketing efforts for the Elgincentives CIP will be undertaken ii. The general public. by the Elgincentives Implementation Committee'. Efforts Another key communication initiative should be to the Councils should focus on the potential target markets listed below. of Bayham and Elgin County, in the form of annual reports on the take-up of CIP programs, and any changes or revisions that are recommended. This is discussed further in Section 9.0. co O Lb.) cJ, Elginc ' `es cz r 0 u, N Bayham Elgincentives Community Improvement Plan 7-2 C April 2015 E' vc p 7.2 Key Messages Target Market Communications/ Marketin Messa•es iv The specific communications messages to be conveyed to • Emphasize that they are being ET each of these market segments are outlined below: `recruited'to help spread the word 0 about CIP possibilities. w' Communications! • Share success stories as a result of i Target Market the CIP i.e.,successful projects and CD Property • Provide direction on how to obtain before/after pictures). CD owners and information on available incentive business programs,including program guides Business Emphasize that they are being managers in and application forms. associations 'recruited'to help spread the word the various CIP • Provide information about the about CIP possibilities. 0 Sub-Areas application process. Highlight that the CIP will benefit their • Emphasize the significant benefits that members. may be available to them from • Share success stories as a result of Farm Operators the CIP (i.e.,successful projects and and participating in the program,including financial assistance. before/after pictures). Agribusiness Potential • Highlight that the CIP reinforces the •(as applicable) Highlight the significant leverage effect investors inpro-active and pro-development of the financial incentive programs P P Tourism (i.e., potential to leverage/multiply the community stance of the Municipality of Bayham Businesses value investments. and Elgin County. • Emphasize the potential for the General public • Share success stories as a result of Municipality of Bayham and Elgin County the CIP(i.e.,successful projects and to help achieve strategic business before/after pictures). development goals. Local and • Report on implementation, progress on • Share success stories as a result of County achieving the CIP's objectives and any the CIP(i.e., successful projects and Councils changes/revisions proposed for the before/after pictures). program. CD Realtors • Demonstrate that the CIP enhances • Share success stories as a result of W the attractiveness of properties in the CIP(i.e.,successful projects and o Community Improvement Project Area. before/after pictures). 0 L..) Elgincentives IT) N LA Bayham Elgincentives Community Improvement Plan 7-3 April 2015 ao 7.3 Marketing and Communications Materials c) Presentations should be made to property-owners, tenant 0 businesses, business associations, and members of the Marketing and communications materials should be developed public to communicate the opportunities available through and maintained to promote the CIP and the related the CIP. aq iv opportunities. Examples are listed below. d) Notification ads should be published in local newspapers a) A dedicated web site (www.elgincentives.ca) has been to announce the CIP programs and direct interested CD ro developed to provide information on the CIP,such as: parties to the website containing information. i. Goals and Objectives; e) An information sheet should be created and sent to ii. Financial Incentive Programs; agricultural organizations active in the County, to send in iii. Community Improvement Project Area/Sub-Areas; turn to their members(e.g. Elgin Federation of Agriculture, Environmental Farm Plan local rep; Farm Safety Council; iv. Application process and requirements; Fruit and Vegetable Growers' Association, Elgin; NFU v. How to obtain additional information. Elgin Local;agricultural and horticultural societies;etc.); A link to this website should be provided on all municipal f) A public service radio ad and/or YouTube video could be websites. developed to introduce the Elgincentives CIP to a wider, b) Newsletters/information packages should be sent directly more general audience and to create excitement/buzz to both property-owners and tenant businesses in the about the CIP CIPA sub-areas to advertise the CIP and provide additional information. ~b co w O c,n E1gln `enr t pv 9e s u, N Bayham Elgincentives Community Improvement Plan 7-4 April 2015 vc The following table shows the interrelationship between these The activities above should be undertaken as part of the initial target markets and communications materials. launch of the Elgincentives CIP. In addition, over the 10-year implementation period, activities should be undertaken on an a m a on-going basis to regenerate excitement and awareness. CD '� w ; , `Reminder' letters or email notifications of the program and its III y tA. VI s G :v ec2 c �, �� as 1 K operation can be provided to target markets. m e o .- a c 0- -u coy munications m m Finally, in addition to the above marketing and communications ci roo Vehicle Cr. C7CP 161 nCci efforts, specific target businesses and properties where a ma Ca improvements would be most desirable within Bayham should COCD be identified on an annual basis. Short visits should be arranged with business owners/manager and/or landowners, in Web site information I ✓ I I I order to ensure awareness of CIP and encourage take-up of Letter!information ✓ ✓ ✓ ✓ ✓ brochure/email incentives. Tailored presentations to ✓ ✓ ✓ business community _ Newspaper ad ✓ ✓ ✓ ✓ ✓ ✓ ✓ General information ✓ ✓ ✓ ✓ ✓ ✓ ✓I meeting Public service radio ads ✓ ✓ I. ✓ ✓ ✓ ✓ I Council presentations/ _ ��! ✓ report `G CAD CD N 0 Elgin flit";Elgincentives oc.) A6ojaij 6uuojiuo. c__, E., .___ , (7 0 z z f 0 Q n. j F -O J' ' 0 C 19,‘C , ; 51) W By-Law 2015-072 Being a By-law to designate the entirety of... Page 333 of 357 _ Vi Bayham Elgincentives Community Improvement Plan 8-1 April 2015 oc d) Determine whether program adjustments are required;and 8 .0 e) Provide the basis for reporting the results of the Bayham Elgincentives CIP, and specifically the uptake and success co Monitoring of financial incentive programs, to local municipal and County Councils. 8.2 Frequency Strategy CD Collection of data related to financial incentive applications and The following provides a strategy for proposed/completed projects should be on-going during the implementation of this Plan. An evaluation of the measures the annual monitoring of the results of outlined in Section 9.3 should be completed on an annual the Bayham Elgincentives CIP, and basis. specifically the uptake and success of Aggregate targets for accomplishments should be set out over a 5-year period, recognizing that awareness and momentum of financial incentive programs. the CIP will need to build over time and that any individual year may be up or down relative to the average because of general 8.1 Purpose economic circumstances or specific individual business The purpose of the following monitoring strategy is to: situations. At the end of the 5-year period, targets should be evaluated and revised for the next 5-year target period (i.e. a) Track funds provided by the CIP to owners and tenants of 2021 --2025). land located within the community improvement project area; b) Track contributions from the Municipality of Bayham and 11) CD Elgin County toward incentive program funding; G.) c) Evaluate whether the programs are achieving the overall goals and objectives of the CIP; L./1 Elgincentz yes r-' N O N Bayham Elgincentives Community Improvement Plan 8-2 ed April 2015 2. oa AD tii 8.3 Measures Er Suggested monitoring and evaluation measures for the Elgincentives CIP are set out in the following table. For each of the following 0 objectives of the overall County-wide Community Improvement framework, specific measurable (and where possible, quantified) measures are suggested. ° — _ __ - _ Recommended Strges`- , Target Goofs Objectives Measure b Year 5 -, _ - - cf,' A)To stimulate 1)To encourage the expansion of the -number of agribusiness -aim for 2-3 new establishments per CD economic growth agribusiness sector through new operations applying for year on average n• and and expanded value- assistance,and being approved diversification. added/agricultural related o enterprises "' 2)To encourage the expansion of -number of existing businesses -target 5 business expansions per business activity for existing supported in expansion activity year=25 over the period that have commercial businesses in the been partially assisted through the downtown areas/mainstreets of CIP program settlement areas __ _ ___ _ _ _ 3)To increase the number of business -number of business start-ups~ -aim for 1-2 new establishments per start-ups -sustainability of business after 2nd year on average __ _ , year of operation ___ - 4)To increase the number of tourist -number of establishments; -aim for the expansion of 1 accommodation establishments number of rooms accommodation establishment per throughout the County _ _ _ _ year on average _ 5)To increase the number of creative -number of establishments defined -aim for 1-2 new establishments per economy businesses in the County as being in the creative economy year on average las per the County's definition)' 6)To increase tourism in the County -this will be contextual data only,as there is nothing the County can do through the CIP programs to directly affect this measure '-O - __sured partial_y through the_RTO data trends in tourism can be mea —ff— _ __ _ cra co W I see:htto://www.elcintourist.com/pbn/DirectoryListing/exhibithall/Exhibithall.aspx# to 2 Regional Tourism Organization(RIO)1,which covers Southwestern Ontario(Elgin;Windsor-Essex;Chatham-Kent;Haldimand/Norrolk;Samia/Lambton; O' London/Middlesex;and Oxford). L../ v Fl gin ent es r- Vi Bayham Elgincentives Community Improvement Plan 8-3 April 2015 oc am :, Suttgestdsf 7 trte#,; #i Year 5 increases in tourism can be inferred to have some associated benefit from increased attractiveness in terms of new attractions(e.g.agn-tourism)new a. support facilities(more accommodation)and beautification of downtowns, lakeshore areas,key travelled corridors,etc.) ' 7)To increase employment -annual survey of all businesses -costs of the C1P program relative to opportunities for local residents assisted throughout the year the new jobs created should through the CIP program,to demonstrate a positive ROI relative determine how many new job to the wages and salaries positions have been created associated with the new jobs3 B)To enhance the 8)To improve the appearance of major -define the key entry points and -target at least one area for already high entry points and tourism corridors corridors improvement each year o quality of place through Bayham. -demonstrate improvements -at least 5 areas will have been for residents and visually through'before'and improved at the end of the 5-year visitors. __ 'after'documentation_ period 9)To improve the appearance and -as above -as above utilization of the lakeshore 10)To improve the appearance of -as above -as above Bayham and foster civic pride through improvements to private properties C)To improve the ° 12)To reduce the number of vacant -calculate the current vacancy rate -target a significant improvement in stability and commercial properties in the downtown in each commercial CIP area(in vacancy rate in each GIP area sustainability of areas/mainstreets of settlement areas. terms of floorspace) the tax base. -determine change in vacancy rate on a year-to-year basis 'Z7 iy (IQ CD 3 In other words,the total wages and salaries generated by new job positions should be considerably greater than the total amount of money spent by the County 0 and the lower tier municipality in assisting the business—likely on the order of a 3 times multiple or more. v, /"C'SElgincentives N N Bayham Elgincentives Community Improvement Plan 8-4 April 2015 • oa 13:1Goals Objectives 'ecor mmended Suggested Target Measure by Year 5 13)To increase the assessment base -calculate the current assessment -change in the'normal'taxes of properties in the downtown base for each CIP area generated from the CIP area ° areas/mainstreets of settlement -determine change in assessment assessment base should be equal to CD areas,and the agricultural area. base each year4 or greater than the amount of the CIP incentive(for both the local municipality as well as the County)— CD note as well that this increased CD' value to the local municipality and CD County is annualized relative to the Pp- shorter-term timeframe for the CIP CD incentive ° r*, Uq co 4 Note that this will be separate from the tax revenue gained from the property—especially if there.s a tax increment financing component to the incentive. The assessed value will measure the true long-term increase in value. La Elgincentives _ Vi Bayham Elgincentives Community Improvement Plan 8-5 April 2015 oc b) An amendment to the Bayham Elgincentives CIP will be 8.4 Reporting required in order to: An annual report should be prepared to highlight the i. ¢ successes and achievements of this CIP. The report will be Extend the implementation period of the CIP; presented to local and County Councils for consideration. The ii. Add any new financial incentive programs; report may recommend adjustments/amendments to the Plan, iii. Modify the eligibility criteria related to financial CD as discussed below. incentive programs offered by this Plan;and CD iv. Modify or expand the geographic area (i.e., the CD 8.5 Adjusting/Amending the CIP Community Improvement Project Area) to which financial incentive programs apply. Based on the results of monitoring and evaluation efforts, adjustments to this CIP may be required. The following summarizes when Plan amendments will and will not be required: a) An amendment to the Bayham Elgincentives CIP will not be required in order to: i. Reduce/increase funding levels for the financial incentive programs (i.e., the local municipal portion and/or the County portion);or ii. Discontinue or cancel any of the programs identified. 11) 'Z7 ccQ CD G.) 04 O w Li) !CS Elgincentives AHVSSO1 0 Eli 7 Ili' Z Ut $..e. Z cc a a. )016 t ob C] 0 Go w By-Law 2015-072 Being a By-law to designate the entirety of... Page 339 of 357 O glossary- Bayham Elgincentives Community Improvement Plan 1 April 2015 oa Glossary Agricultural Sub-Area means lands that are designated Priority Area means key areas where local investment will co Agriculture by the County Official Plan as identified on have the greatest economic benefit/impact and should Schedule A of this CIP. A set of financial incentive programs therefore be prioritized with respect to improvement projects CD applies to this Sub-Area. and the provision of financial incentives. Priority Areas are shown on Schedule A of this CIP. County means the Corporation of Elgin County. Settlements Sub-Area means the downtowns/main street Elgincentives Implementation Committee means the areas and ports as identified on Schedule A of this CIP. A set designated committee appointed to review applications for of financial incentive programs applies to this Sub-Area. financial incentives and make decisions on financial incentives Sub-Area means key areas of local economic activity where in accordance with the policies of this Plan. the need for improvement is the greatest and where Mixed-use means any combination of commercial uses (retail, investment will result in significant economic development personal services, restaurants, etc.), offices, institutional uses benefits. Sub-Areas are shown on Schedule A of this CIP. and/or residential uses, provided that there are commercial uses at grade. '-d AD cra CD W O J1 Elginc n lyes S21flGHOS iffli z ,. z Z O. O. IP 0 A Ow ri v�Sry \did W By-Law 2015-072 Being a By-law to designate the entirety of... Page 341 of 357 By-Law 2015-072 Being a By-law to designate the entirety of... Page 342 of 357 to r I..) Schedule'A' Municipality of Bayham O Agik$ � EI incentives CIP- rz �1 9 ,� Community Improvement 2. ` "�' Project Area and Sub-Areas ` Corinth 11111111111S4* w •11. 1 4 it Legend o ,�.�,�,��4, � I Community Improvement • n 411. . 11.111111 „'” L — ProjectArea ��r �i� Sub-Areas r �, North Hall /,�" , , I Settlements Sub-Area 5 co {c-; i % `,� ; l• rola r �11< Agricultural Sub-Area 0 1 . h ; At 1` `,A+ ' vs Other Map Elements ,' — ,�'(. ,`�, ;' ! nst '� 1 - Provincially SigniificantVibtlands Ix}1,1 i '1'' t`t 1 1 v C:5,l f •V:-.1A- j Provincial Highway ° _ r `t. ' Stra' •rdvllle` County Road i r- {' , q ` i.- "; t .,,,,,,, ..... , ,-, ,. . ....., , ) " Akt 4110r rt -Iit - !Ii.'r''''"u, h ��•- � , cal•• , * .,• ~ / r 8 ,�+t tl w • 1 2 3 4 P . •lik lorit Menna1 } -G s ,zia CD W l i, W ` 1 A Data Source: O '+ bate provided by the County Aik * of Bp tea!the Ministry _ V of Natural Resources Land W { \ `� •-E n ` Information Ontario. --I Copyright Queen's Printer J , .� ! ILL IL 1 cd Ontario,2015. _i 'ort.= r..A:,I PLANNING March 3.2015 By-Law 2015-072 Being a By-law to designate the entirety of... Page 344 of 357 td rw w N Schedule'B' Municipality of Bayham N I. 1 `, its Elgincentives CIP- td " ' �] .,rt Community Improvement oo % '' ` Project Area and Priority OD s Or \ At'iA_� �� Areas `oorinth '?ilk \ ° + '' 4., � lir ."*A-, , \ ' A''''s t 0.1 A Legend o \ ! Eden , ' - /Community Improvement 1 t L — Project Area _ ,7.7'. .-,.. cn b0 1N North Hall "**. i 1 i' ' 1 • Priority Areas w r —e"} 'S� } ,, `i , —Tourism Corridor Priority Area 1�t;' .."°%1111 �'^ .° .,, � J 7.,.! Lakeshore Priority Area r` o' - �'; ' '` co % t. , j Other Map Elements �• .-1 •+; .z. �m(,'°' j ,1 F 5 Y Fr } 1 e �, MI Provincially Significant Wetlands ' t } �`; , 1 t,i •`-]} 6', . Provincial Highway o r1. .1 \., a � .;,�Tilt. ... -. County Road { "1`'1 Richmond' mL 1 'I !� `,`�S`trafordv,Ille.. ` r V �'i `�`�` ' ` a ` '- ei 71 i ,/ 1 `x .01 , 1 fa. ,: r 1 �� rr itti proNr t i., Calton *� tlim 4 ;, �} ik Vg \ IrtYy r‘4---.VA K;\` _ ,4 x,\S5 }.Vienna ti i\ \ , S iyil . meq,7v--• i ) y 0 1 2 3 1 ii. CIA FIMIZIlkrc �1 • ! i `, ' 1 Data Source: Li) r ty'� ���'� ; '` 7P• �.� -i I Data provided by the County CD t''. s i i 1_._`t of Elgin and the Ministry Wr;t�3$ 3,w1 r►i r • y �` ' }t k--,-- t of Natural Resources Land Ln "� y j `R 11 ✓�y .- �, q e 8 r 1 E Information Ontario. ,♦s �4k� 4. ii a ri opyright coueen's Printer ♦ # fy ! � 4 4i i►� of Ontario,2015. 4144. ''A‘. PLANNING March 3,2015 By-Law 2015-072 Being a By-law to designate the entirety of... Page 346 of 357 t- Iv lJ O O J N ed 2. This County-wide Community Improvement Framework Schedule C k3 does not form pert of the Elglocenaves CIP.Itis provided es SC context to show how the seven Community Improvement Plana as OD lately adopted by local murticpalibes w it work together,To determine whether a property is located within a Community I provement Sub-Area,reference must be made to Schedule A of COUNTY OF MIDDLESEX Er Cm OF LONDON MALAHIDE CENTRAL ELGIN SOUTHWOLD O CI- DUTTONIDUNWICH aqr,:r e f E .f + rn rr,' • COUNTY OF MIDDLESEX ._. - eYlkn t P��Y�s-+C G0. ,y3" '" f COLtt ry OF OXFORD • CD 4 to s.� WEST ELGIN y `< ' ..I4pLsirnoOinia ' R�YHAM .1 •- � ` en p fid+ m }44._. �� � AYLMER f r .''`Sy ' y.. , p� , Ill9 rr ,yn dam,f SrmANa Cpnwa +~ 4 ra :` ] O i` ue. ( seem gem i, C M s t� ',1:' } sip �D Y / r.a. ramrc¢a �•-]� 1 ,._yM.11dllt �:7ais�me - ��Y ��i � epnp y" ,/ ` t � it wt .. .i -;> ,. FY • r-F w Rolimy . s�S..y r , :. 'l relent gal om ,,fits .m,a ,4.�+ 'r' ** St'.` +tet ivMom ,f r ,,„ ., ,Ent. .a�' • �,. ,-," ;+� f e Jr. s b °art ..,:_, 1 ` .. '' SCF la. . -fitttiiw . . a.wae..r.m T b UQ _- - - -T� LeatC.mmumq rmprwammt eromeAnn Rlodty Areal �fhoveciet Hyhww Data Cuomo: Schedule'C' N Oita provided1Nthe Cathay SabArMa �uram Cannier seaety Ary, —County Road afEbin end She Ministry CD Elgincentives Community ��yy�� _ P of Neu el Resources Lead InhumaaeeM mens 3abArm na Lakmhar.Nan*Ana —Propose.lranrpar atim Gyred or Improvement Plan {r1 ner+wee.mi Sub-hros Mbar Ma Bamako CopydthtOoeon eee. W P O MMrchanpe or Ooleht,2015.s Pante 01 County-wide Framework ., -Pmmnddys�me.tw.a.na wonuno•sots. � 0 5 10 15 20 PLANNING km _--- Mmtlr],2015 By-Law 2015-072 Being a By-law to designate the entirety of... Page 348 of 357 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2095-073 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN ENCROACHMENT AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND CHRISTINA TUFFIN-CRUMB &JAMES CRUMB WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an encroachment agreement with Christina Tuffin-Crumb & James Crumb regarding property known municipally as 41 Erieus Street, Port Burwell, Ontario NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Encroachment Agreement between Christina Tuffin-Crumb&James Crumb and the Municipality of Bayham 2. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF JUNE,2015. MAYOR CLERK By-Law 2015-073 Being By-law to authorize the execution of a... Page 349 of 357 THIS ENCROACHMENT AGREEMENT DATED THE le DAY OF JUNE,2015 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Hereinafter called the"Municipality") -and- Christina Tuffin-Crumb&James Crumb (Hereinafter called the"Licensee") WHEREAS the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that the Municipality has jurisdiction within the following spheres: highways, including parking and traffic on highways at Section 11(3) 1; culture, parks, recreation and heritage at Section 11(3)5 and structures, including fences and signs at Section 11(3)7; AND WHEREAS the Licensee is the beneficial owner in fee simple of the lands and premises situate, lying and being in the Municipality of Bayham being Lot 30 and 31, west of Erieus Street, Registered Plan 12, Port Burwell, Ontario, municipally known as 41 Erieus Street (hereinafter referred to as the"lands"), upon which there is constructed a brick structure; AND WHEREAS the entire northwesterly limits of the structure as shown on the attached excerpt of Plan 12 encroaches(the`Encroachment')onto the Municipal road allowance for Robinson Street; AND WHEREAS the Licensee has applied to the Municipality for his own benefit and for the benefit of his heirs, successors and assigns for permission to have the said portion of the northwesterly limits of the structure as shown on the attached excerpt of Plan 12 encroach on the said Robinson Street and the Municipality has agreed to give this permission upon the condition that the Licensee enters into and executes this Agreement,which the Licensee has agreed to do; NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises, and of the covenants and agreements hereinafter contained on the part of the Licensee to be observed, fulfilled and performed, the Municipality hereby grants to the Licensee permission to maintain the said Encroachment, until the earlier of (i) the date of removal of the Encroachment from Robinson Street; (ii) the execution of the discontinuance of the Agreement provisions by the Municipality as outlined in Section 8, 9 and 10. AND THE LICENSEE in consideration of the granting by the Municipality of such permission hereby covenants and agrees with the Municipality as follows: 1. The Licensee warrants and represents to the Municipality that he is the beneficial owner in fee simple with absolute title of the lands. 2. The Municipality hereby grants unto the Licensee, her employees, agents, lessees, permitted successors, permitted assigns, heirs and executors during the currency of this Encroachment Agreement, and for so long as the same shall remain in good standing all of the terms and provisions hereof, permission to allow the said portion of the Encroachment as shown on the survey, attached hereto as Schedule `A'to remain in its present location, subject to the terms and provisions of this Encroachment Agreement. By-Law 2015-073 Being By-law to authorize the execution of a... Page 350 of 357 3. The Licensee will comply with all the provisions of By-law No. 2015-068, the Encroachment By-law, and this Agreement shall not supersede or nullify any of the provisions of By-law No. 2015-068. 4. The Licensee will at its own cost, charge and expense and to the satisfaction of the Deputy Clerk/Planning Coordinator, her successor, or her designate keep and maintain the said Encroachment in good and proper repair and condition at all times without impairment to or interference with Robinson Street. 5. The Licensee releases, waives and forever discharges the Municipality and its agents, officials, servants, contractors, representatives, elected and appointed officials, successors and assigns (collectively, the "Related Parties"), of and from all claims, demands, damages, costs, expenses, actions and causes of action, whether in law or equity, in respect of death, injury, loss or damage to the person or any property of the Licensee however caused, arising or to arise by reason of the permission granted pursuant to this Agreement. 6. The Licensee will, from time to time, and at all times, save, defend and keep harmless and fully indemnify the Related Parties and any other Corporations, Boards, Commissions or Bodies having utilities or services which may in any manner be affected by the erection or maintenance of the Encroachment from and against all actions, suits, claims and demands whatsoever which may be brought against or made upon any or all of them and from and against all loss, costs, charges, damages and expenses whatsoever which may be sustained, incurred or paid by any or all of them, regardless of whether or not they are parties to this Agreement, for or by reason of or on account of the granting by the Municipality to the Licensee of the permission granted by this Agreement and/or the exercise by the Licensee of such permission and/or the erection and maintenance of the Encroachment and/or anything in any manner relating to the Encroachment, and that in case any action, suit, claim or demand is brought against or made upon the Related Parties, or any other Corporations, Boards, Commissions or Bodies having utilities or services which may in any manner be affected by the erection or maintenance of the Encroachment, except any action, suit, claim or demand resulting from the negligence of the Related Parties, the Municipality may, upon written notice to the Licensee, and if not forbidden by the Licensee within fourteen(14)days thereafter, if the Municipality sees fit, compromise any such actions, suits, claims or demands on such terms as the Municipality sees fit, and the Licensee shall forthwith pay to the Municipality the sum or sums to be paid together with such sum as shall represent the reasonable costs of the Municipality and its solicitor in defending or settling any such actions, suits, claims or demands, but if the Licensee forbids such compromise within the fourteen (14) day period, or if no such compromise be effected, then the Licensee may be made a party to such actions, suits, claims or demands and will in every case fully indemnify the Related Parties. Without limiting the generality of the foregoing, no claims shall be made against the Related Parties by the Licensee for damage occurring to the Encroachment as a result of the Municipality's Public Works operations. 7 The Licensee shall obtain and maintain public liability (personal injury and property damage) insurance during the term of this Agreement in respect of the Encroachments in the amount of at least Two Million Dollars ($2,000,000.00), with the insurance premium being prepaid and the Municipality named as an additional insured. The Licensee shall supply the Municipality with a certificate confirming that such insurance is in force upon execution of this Agreement and from time to time as required by the Municipality. The policy will provide that it is not cancellable unless prior notice by registered mail has been received by the Municipality from the insurer not less than thirty (30)days prior to the cancellation date. By-Law 2015-073 Being By-law to authorize the execution of a... Page 351 of 357 8. The Deputy Clerk/Planning Coordinator, in her sole opinion, shall cause notice to be sent, pursuant to Section 13 of this Agreement,to revoke this Agreement where: (a) the Encroachment jeopardizes the health and/or safety of the public or is not in the public's best interest; (b) a breach of the terms and conditions attached to this Agreement has occurred; (c) the Agreement has expired. 9. Where the Licensee fails to comply with Section 8 of this Agreement, within a minimum of ninety-six(96) hours of receipt of notice, the Encroachment may be removed or filled in and closed up pursuant to the provisions of By-law No. 2015-068. 10. In the event that, at any time, the Encroachment is destroyed or removed in whole or in part and the encroachment ceases for a period of six (6) months or more this Encroachment Agreement shall forthwith terminate and the further continuance of the Encroachment shall not be permitted. 11. The construction, installation, occupation, operation and maintenance of the Encroachment shall comply with all applicable statutes, by-laws and regulations. 12. The Licensee acknowledges that the administration and enforcement of this Agreement, the use and, occupation of the Encroachment(whether permitted hereunder or not)shall be completely net and carefree to the Municipality, of all direct or indirect expenses, costs, charges, compensation, penalties and fees, and the Licensee shall observe every covenant in this Agreement at its sole expense, except as expressly set out to the contrary herein. AND IT IS HEREBY UNDERSTOOD AND AGREED by and between the parties hereto as follows: 13. All notices, consents, approvals or other communications permitted or required to be given under this Agreement(collectively"Notices")shall be in writing, shall not be unreasonably withheld or delayed unless otherwise specifically provided for in this Agreement, and shall be: personally delivered; or sent by prepaid registered mail (except during a postal disruption or threatened postal disruption),to the applicable address set out below: (a) in the case of the Municipality: Attention: Deputy Clerk/Planning Coordinator Municipality of Bayham 9344 Plank Rd. P.O. Box 160 Straffordville, ON NOJ 1Y0 (b) in the case of the Licensee: Attention: Christina Tuffin-Crumb and James Crumb 137 Michael Myers Road, Baden, ON N3A 0A5 By-Law 2015-073 Being By-law to authorize the execution of a... Page 352 of 357 14. Nothing in this Agreement derogates from, interferes with, or fetters the exercise by the Municipality of all of its rights and obligations as a municipality(whether discretionary or mandatory), or imposes any obligations on the Municipality in its role as a municipality, and the Municipality shall not be prevented from or prejudiced in carrying out its statutory rights and responsibilities, including its planning rights and responsibilities. Nothing in this Agreement derogates from, interferes with, or fetters the exercise by the Municipality's officers, employees, agents, representatives or elected and appointed officials of all of their rights, or imposes any obligations on the Municipality's officers, employees, agents, representatives or elected and appointed officials, other than as expressly set out in this Agreement. 15. No communication or dealing between the Licensee and any department, committee, body, officer, employee, agent, representative or elected or appointed official of the Municipality that is not clearly in respect of and in accordance with this Agreement will be deemed to be a communication or dealing under this Agreement between the Licensee and Municipality as parties to this Agreement or affect the Municipality with notice of any such communication or dealings. It is intended and agreed that any communication or dealing between the Licensee and the Municipality as parties to this Agreement will only be effective if delivered in accordance with the notice provisions in this Agreement. No communication or dealing between the Municipality as party to this Agreement and the Licensee as a party to this Agreement will relieve the Licensee from the responsibility of discharging its lawful obligations to the Municipality imposed by statute, regulation, by-law or by any other lawful manner separate and apart from the obligations imposed under this Agreement. 16. Nothing herein contained shall be construed as giving to the Licensee anything more than permission to erect and attach the said Encroachment to the lands and to maintain the same until such time as the removal of such Encroachment from the lands may be required as herein before provided 17. The parties hereby consent to the registration on title of the lands of this Encroachment Agreement and to execute such further assurances, documentation and instrumentation as may be necessary to give effect to the provisions hereof. 18. The Licensee covenants and agrees to pay the reasonable costs of the Municipality in preparing this Encroachment Agreement, obtaining the necessary authorization for its execution, as well as three hundred dollars($300.00)for the registration of same against the title to the lands. 19. This Agreement including all of the terms and conditions hereof shall be binding upon and enure to the benefit of the parties hereto, their respective (where applicable) heirs, executors,administrators, successors and assigns. 20. NO WAIVER (a) No condonation,excusing or overlooking by the Municipality of any default, breach or non-observance of any of the Licensee's obligations under this Agreement at any time or times shall affect the Municipality's remedies or rights with respect to any subsequent(even if by way of continuation)default, breach or non-observance. (b) No waiver shall be inferred from or implied by anything done or omitted by the Municipality. (c) Any written waiver by the Municipality shall have effect only in accordance with its express terms. By-Law 2015-073 Being By-law to authorize the execution of a... Page 353 of 357 (c) Except as stated otherwise in this Agreement,time shall be of the essence in the performance of all covenants and agreements herein. (d) If any provision, clause or part of this Agreement, or the application hereof under certain circumstances, is held invalid,the remainder of the Agreement, or the application of such provision, clause or part under other circumstances, shall not be affected. 21. ACCEPTANCE OF ENCROACHMENT AREA"AS IS" (a) The Licensee accepts the Encroachment in its"as is"and"where is"condition, and acknowledges that except as set out expressly herein,the Municipality makes no representation and gives no warranty as to: (i) the fitness of the Encroachment for the Licensee's purposes or the condition, quality, merchantability or utility thereof; (ii) the lawfulness, compliance with Applicable Laws, adequacy of design, construction procedures or materials implemented in the construction and installation of the Encroachments notwithstanding that the Municipality may have reviewed, inspected or approved of the same or any plans or specification related thereto. 22. Schedules attached to this Agreement form part of and are incorporated into this Agreement. IN WITNESS WHEREOF the parties have executed this Agreement as at the date first stated above. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Authorized to be executed by ) By-law 2015-073, passed on the ) 18th day of June,2015. ) ) PAUL ENS ) MAYOR ) LYNDA MILLARD CLERK ) ) SIGNATURE OF WITNESS Christina Tuffin-Crumb SIGNATURE OF WITNESS ) James Crumb ) ) By-Law 2015-073 Being By-law to authorize the execution of a... Page 354 of 357 SCHEDULE 'A' EXCERPT OF PLAN 12 c7- 1 .s- �; O! '9-: ' w C. y Q Ali —— + , .r.10--s- E WN I- Lr Ael- IA 31t9 a`\ ,—� j 1 �°`,a 4.��_ 0.9, .��*•� �t �F�� -'��,� •.. N B: 3'"Re 166.44";rt N; ..1'F 1 giP•'� a1 j( [@ . .� All .;s1 4:0 *- By-Law 2015-073 Being By-law to authorize the execution of a... Page 355 of 357 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015-074 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND MORGAN REALTY INC. FOR THE PROVISION OF REALTY SERVICES WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for provision of realty services associated with the sale of surplus properties within the geographical area of the Municipality of Bayham. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement between the Municipality of Bayham and Morgan Realty Inc. for the provision of realty services associated with the sale of surplus properties. 2. THAT this by-law shall come into full force and effect upon the final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JUNE 2015. MAYOR CLERK By-Law 2015-074 Being a By-law to authorize the execution of... Page 356 of 357 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015—075 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD JUNE 18, 2015 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 June 18, 2015 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 18th day of June, 2015. MAYOR CLERK By-Law 2015-075 Being a By-law to confirm all actions of Cou... Page 357 of 357 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING ADDENDUM Thursday, June 18, 2015 MUNICIPAL OFFICE STRAFFORDVILLE, ONTARIO Page 1. ADMINISTRATION 2 - 3 (a) Report TR-10/15 by Lorne James, Treasurer re Banking Services Agreement 4 - 5 (b) Report CAO-42/15 by Paul Shipway, CAO re Facility Naming Sponsors 6 (c) Report CAO-43/15 by Paul Shipway, CAO re Wind Interpretive Centre (d) Confidential report regarding personal matters about an identifiable individual, including municipal or local board employees (Cemetery Board) 7 - 15 (e) By-Law 2015-076 Being a By-law to enter into an agreement for the provision of Banking Services Page 1 of 15 15NYHA-4 REPORT k.:, ''...---, op oefot TREASURY DEPARTMENT �p0 uniiy i& ° TO: Mayor&Members of Council FROM: Lorne James, Treasurer DATE: June 18, 2015 REPORT: TR-10/15 FILE NO. SUBJECT: Banking Services Agreement BACKGROUND: It is the Municipality's best practice to conduct a request for quotations("RFQ") periodically to review banking services.The goals are to obtain updated, competitive pricing information;to re- evaluate the best overall services, both existing and optional; and to explore new technologies and services that might not have been available previously. Banking services and technologies have evolved over the years and staff would like to take advantage of the these innovations to enhance customer service by offering a variety of payment channels for taxes, utilities, etc., and to increase transaction processing efficiency that will reduce costs,transaction error, and to promote greater security. COMMENTS: A comprehensive RFQ for banking services was developed and issued to RBC and TD in May of this year. After a thorough review of each proposal and an evaluation based on customer service, day-to- day banking services, online capabilities, technology,fees/pricing and interest rate on account balance,Administration narrowed down to the following: 1. RBC RBC is the current bank provider. RBC provides a broad range of retail banking,wealth management and investment banking products. Pricing and fees: • All basic banking and transaction fees will be waived(Lowest in cost) Technology and solutions/Security and Fraud Protection: • Concentrator services, records all online payments for tax and utility into two separate batch files to be uploaded into accounting system. Currently faxes are received and payments are entered manually. (Estimated annual cost is$420, setup fee is$750.) • Disaster recovery program/plan • Mobile App(Apple,Android, and Blackberry)that allows for viewing of information,transfer of funds, approve payments and transfers • Integration/compatible with our current accounting software Interest on operating account: Report TR-10/15 by Lorne James,Treasurer re Banking Service... Page 2 of 15 • Prime less 2%calculated on daily balance. Potential interest revenue of$12,000 based on $1,400,000 balance Borrowing Facilities: • Line of credit: Prime less.25% • Credit card: $50 annual fee, US credit card for$24 in yearly fees Proximity: • Cheque and cash deposits can be done at Tillsonburg. Night deposit box is setup at Simcoe and Tillsonburg. 2. TD TD is a leading Canadian based financial institution with total assets of$945 billion. Pricing and fees: • Most basic banking fees are waived but there are charges for some services that are volume-driven. Technology and solutions/Security and Fraud Protection: • Bill Payment Receiver Service Flat file—Service to receive payments in an EDI file for tax and utility. Monthly,volume and setup fees apply. (Estimated costs is $1,400 yearly, setup fee$500-$5,000 depending on option selected.) • Disaster recovery program/plan • Mobile App(Apple,Android,and Blackberry)that allows for viewing of information,transfer of funds, approve payments and transfers • Integration/compatible with our current accounting software Interest on operating account: • Prime less 1.85% calculated on average balance and only if balance is over $499,999.99. Potential interest revenue of$14,000 based on$1,400,000 balance. Borrowing Facilities: • Line of credit: Prime • Credit card:$50 annual fee. Proximity: • Branch in Tillsonburg, Simcoe CONCLUSION: RBC has been the financial institution for many years,the Municipality has had strong working relationship with Bruce Kendrick and his staff at RBC. RBC has proposed a 5 year service agreement with fees to be unchanged over term of agreement.The Municipality's cost savings and no interruption for services or payments to municipality is the best option. RECOMMENDATION 1. THAT Staff Report TR-10-2015 be received for information. 2. AND THAT The Municipality of Bayham accepts the banking service proposal from RBC and authorize staff to execute all necessary documents and agreements to enter into 5 year banking agreement with RBC. Respectfupmitted, Reviewed b Lorne JamA, CA / Paul S i• -y, :- 1.--r Report TR-10/15 by Lorne James,Treasurer re Banking Service... Page 3 of 15 ItPXY114-4 k11' REPORT CAO Pp Pp0Z'tunity Is' TO: Mayor& Members of Council FROM: Paul Shipway, CAO DATE: June 18, 2015 REPORT: CAO-42/15 SUBJECT: FACILITY NAMING SPONSORS BACKGROUND On Friday June 15, 2015 staff and all of Council were presented with a 'Facility Naming Proposal'from Cornerstone Sponsorship Management. The proposal had a tight turnaround requesting response by June 18, 2015. DISCUSSION The proposal is as follows: Cornerstone will undertake a five phase program to assess, market, and administer title naming for sponsors for the following properties: 1) Port Burwell Municipal East Beach;and 2) One of Straffordville, Vienna, or Eden &Area Community Centres. This proposal is for complete services from inception to completion and intended to minimize strain on municipal staff resources while preserving the municipalities control on sponsor selection, cost of naming rights, term of agreement, and conditions of sponsorship. To ensure maximum results, the work will be done in five phases: 1) Strategy;detailing the objectives &guidelines, undertaking a risk assessment, establishing the approval process 2) Valuation; analyzing sponsorship leverages, undertaking a market analysis, and valuing the naming sponsorship 3) Packaging;preparing a sponsorship agreement, creating a media kit, and scripting public relations releases 4) Recruitment; qualify level 1, 2, and 3 sponsors, layout proposals &sales scripts, and present to potential sponsors 5) Retention;prepare annual sponsorship reports, service sponsorship issues, and collect& forward sponsorship fees Report CAO-42/15 by Paul Shipway,CAO re Facility Naming Spo... Page 4 of 15 Fees A retainer fee of$4,500 upon acceptance and a contingency fee of 20%of the value of the sponsorship payable upon receipt of sponsorship fees. Naming Rights Sponsorship has potential benefits and drawbacks which need to be fully considered before any decision is made. Due to the current status of Municipal facilities, required turnaround time and lack of funding for such a project in the 2015 budget, staff would respectfully recommend the proposal be referred to 2016 budget deliberations. RECOMMENDATION 1. THAT Report CAO-42/15 re Facility Naming Sponsors be received for information; 2. AND THAT the proposal of Cornerstone Sponsorship Management be referred to 2016 budget deliberations. Respectfully Submitted by: Paul Shipway CAO Report CAO-42/15 by Paul Shipway,CAO re Facility Naming Spo... Page 5 of 15 -v,AYILIdlt- inril Oki. REPORT Or 4100.1,, 0 4.4 CAO Pp°i'tunity Is' TO: Mayor& Members of Council FROM: Paul Shipway, CAO DATE: June 18, 2015 REPORT: CAO-43/15 SUBJECT: WIND INTERPRETIVE CENTRE BACKGROUND At the regular meeting of Council on May 21, 2015, Council passed the following resolution: THAT Report CAO-28/15 re Wind Interpretive Centre be received for information; AND THAT Council direct staff to surplus the Wind Interpretive Centre Structure; AND THAT if not awarded through the RFP process the same be removed and scrapped by staff; AND THAT Capstone proceed as per Report CAO-28/15. DISCUSSION The Request for Proposals (RFP)for the removal of the Wind Interpretive Centre closed on Thursday June 17, 2015 at noon. The RFP was advertised in both local papers, the website, libraries and municipal office. The Municipality did not receive any submissions for the Wind Interpretive Centre. RECOMMENDATION 1. THAT Report CAO-43/15 re Wind Interpretive Centre be received for information; 2. AND THAT staff be directed to place all retainable artefacts from the Wind Interpretive Centre at the Vienna Community Centre or Municipal Office; 3. AND THAT staff be directed to immediately arrange for the demolition of the Wind Interpretive Centre with costs to come from the Facility Reserve. Respectfully Submitted by: Paul Shipway CAO Report CAO-43/15 by Paul Shipway,CAO re Wind Interpretive C... Page 6 of 15 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2015-076 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND ROYAL BANK OF CANADA FOR THE PROVISION OF BANKING SERVICES WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for provision of banking services. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement between the Municipality of Bayham and Royal Bank of Canada for the provision of banking services. 2. THAT this by-law shall come into full force and effect upon the final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JUNE 2015. MAYOR CLERK By-Law 2015-076 Being a By-law to enter into an agreement fo... Page 7 of 15 Royal Bank of Canada • Business Banking Centre ' I 121 Broadway St.—2"d Floor Tillsonburg,Ontario,N4G 3P7 RBCTel.:(519)842-6944 . ® Fax:(519)842-6460 April 9,2015 Private and Confidential The Corporation of the Municipality of Bayham PO Box 160 9344 Plank Road Straffordville,ON NOT 1Y0 Dear Sirs: This correspondence will present Royal Bank's proposed terms for a new five year agreement commencing April 1,2015 to April 2020. Deposit Interest total average balance is$1,731,000.00. Deposit Interest is currently being paid under the following arrangement: Tier 1-$0.00 to$4,999,999.99—Royal Bank Prime less 2.00% Service Charges See attached pricing schedule. Only existing services are included in the compensation renewal. Any additional services will be negotiated. Renewal is based on average current balances and volumes experienced over the past 12 months. Should the balances or volumes on the attached schedule vary by more than 20%year over year,either party maintains the right to reopen negotiations. Either party may terminate this contract without penalty upon 90 days written notice. Please execute this letter in the space provided below and return a copy to us as acknowledgement and acceptance of the new compensation agreement. We would like to thank you for choosing Royal Bank to be the provider of your banking services. We value your business and look forward to our continued relationship. If you have any questions or concerns, please feel free to call me at(519)842-6944. ROYAL BANK OF CANADA Per: Name:Bruce Kendrick Title:Account Manager a Registered Trademark of Royal Bank of Canada SRF 8 855834693 By-Law 2015-076 Being a By-law to enter into an agreement fo... Page 8 of 15 The Corporation of Municipality of Bayham Name: Title: Name: Title: By-Law 2015-076 Being a By-law to enter into an agreement fo... Page 9 of 15 CORPORATION OF THE MUNICIPALITY OF BAYHAM ACCOUNT ASSESSMENT MAY 2013 TO APRIL 2014 CANADIAN ACTIVITY MONTHLY ACTIVITY EXISTING PROPOSED ACCOUNT SERVICES VOLUME FEE TOTAL FEE TOTAL CURRENT ACCOUNT 05102-1010685,05102-1011923,05102-1011956,05102-1011964 #CHEQUES CERTIFIED 15.00 WAIVED 15.00 WAIVED #DEBIT TRANSFERS AUTO 2.00 WAIVED 2.00 WAIVED #DEPOSITED CHEQUES RTD 1 7.00 WAIVED 7.00 WAIVED #DUPLICATE STATEMENTS 3.50 WAIVED 3.50 WAIVED #E-STATEMENT RETRIEVAL 2.50 0.00 2.50 0.00 #ELECTRONIC DEBITS 0.65 WAIVED 0.66 WAIVED #ELECTRONIC DEPOSITS/CREDIT 201 0.65 WAIVED 0.65 WAIVED #INTERIM STATEMENTS 6.00 WAIVED 6.00 WAIVED #PAPER STATEMENTS WITH IMAGES 2.00 0.00 2.00 0.00 #PAPER STATEMENTS WITHOUT IMAGES 2.00 0.00 2.00 0.00 #ITEMS DEP(UNENCODED) 407 0.20 WAIVED 0.20 WAIVED #MANUALTRANSFERS 5.00 WAIVED 5.00 WAIVED #OL BKG ARCHIVE ITEMS 1.50 WAIVED 1.50 WAIVED #OL BKG COPY ITEMS 1.50 WAIVED 1.50 WAIVED #REGULAR CHEQUES/DEBITS 175 1.10 WAIVED 1.10 WAIVED #REGULAR DEPOSITS/CREDITS 18 1.10 WAIVED 1.10 WAIVED #REPRINT STATEMENT 5.00 0.00 5.00 WAIVED #STOP PAYMENT FEE-ASSISTED 18.00 WAIVED 18.00 WAIVED #STOP PAYMENT FEE-SELF SERVE 10.00 WAIVED 10.00 WAIVED #TRACE ARCHIVE ITEMS 10.00 WAIVED 10.00 WAIVED #TRACE ITEMS 5.00 WAIVED 5.00 WAIVED AMT OF CASH DEP-ATM 2.15 WAIVED 2.15 WAIVED AMT OF CASH DEP-IN BRANCH 2.35 WAIVED 2.35 WAIVED AMT OF CASH DEP-NIGHT DEPOSIT 30.356 2.00 WAIVED 2.00 WAIVED TOTAL CURRENT ACCOUNT 0.00 0.00 TOTAL OPERATING SERVICES 0,00 0.00 RBC EXPRESS BAL REP OPTION 1 NG ACC-3008558346930 #ACCOUNTS OTHER Fl 25.00 WAIVED 25.00 WAIVED #ACCOUNTS RBC IN CANADA 15.00 WAIVED 15.00 WAIVED #ACCOUNTS RBC IN USA 0.00 0.00 #TRANSACTIONS OTHER Fl WAIVED 0.00 #TRANSACTIONS RBC CANADA 0.35 WAIVED 0.35 0.00 CREDIT CARDS 0.00 0.00 MONTHLY FEE(includes 3 accoun ts) 1 25.00 25.00 25.00 25.00 TOTAL RBC EXPRESS BAL REP 25.00 25.00 RBC EXPRESS ACCOUNT TRSF•NG ACC-3006558346930 ACCOUNT TRANSFERS 1.00 WAIVED 1.00 WAVIED TOTAL RBC EXPRESS ACCOUNT TRSF 0.00 0.00 )IBC EXPRESS EQUIPMENT ACC-85583469301 NEW TOKEN FEE 50.00 0.00 50.00 0.00 SECURID TOKENS-MONTHLY FEE 5.00 0.00 5.00 0.00 TOTAL RBC EXPRESS EQUIPMENT 0.00 0.00 RBC EXPRESS ACCOUNT IMAGES ACC-85583469301 DELIVERY 1 RETRIEVAL OF ITEM 13 1.00 13.00 1.00 13.00 TOTAL RBC EXPRESS ACCOUNT IMAGES 13.00 13.00 RBC EXPRESS STOP PAYMENTS ACC-85583469301 STOP PAYMENTS 10.00 0.00 10.00 0.00 TOTAL RBC EXPRESS STOP PAYMENTS 0.00 0.00 By-Law 2015-076 Being a By-law to enter into an agreement fo... Page 10 of 15 CORPORATION OF THE MUNICIPALITY OF BAYHAM ACCOUNT ASSESSMENT MAY 2013 TO APRIL 2014 CANADIAN ACTIVITY iI#1Tr pxl :PROPOSED ACCOUNTSERVICES ' . VOLUME , - {EE TOTAL PEE TOTAL RBC EXPRESS VIEW E-STMT ACC-85583469301 E-STATEMENT RETRIEVAL FEE 0.00 2.50 0.00 TOTAL RBC EXPRESS VIEW E-STMT 0.00 0.00 (PAP)-PERSONALLYAPPROVED PAYMENTS(ACH DIRECT PAYMENTS) NE ACC-8176420000&8929320000 ACCOUNT MAINTENANCE FEE 2 25.00 WAIVED 25.00 WAIVED BLOCKED FILES RECEIVED 100.00 WAIVED 100.00 WAIVED BULK MAINTENACE REQUESTS 15.00 WAIVED 15.00 WAIVED BULK MAINTENACE TRANSACTIONS 0.20 WAIVED 0.20 WAIVED FILES RECEIVED 2 5.00 10.00 5.00 10.00 FILES SCHEDULED FOLLOW UP 35.00 WAIVED 35.00 WAIVED FILES UNSCHEDULED INPUT 35.00 WAIVED 35.00 WAIVED INVESTIGATIONS 15.00 WAIVED 15.00 WAIVED PYMTS ELECTRONIC(tiered) 284 0.055 15.62 0.055 15.62 PYMTS HELD-ERROR 0.10 WAIVED 0.10 WAIVED PYMTS MAINTENANCE BY BANK 15.00 WAIVED 15.00 WAIVED PYMTS MAINTENANCE BY CLIENT 0.50 WAIVED 0.50 WAIVED PYMTS SENT TO USA(tiered) 0.10 WAIVED 0.10 WAIVED RE-PRESENTED PAYMENTS 0.50 WAIVED 0.50 WAIVED REPORT DATA FILES 5.00 WAIVED 5.00 WAIVED REPORT FORMATTED FILES 9 0.50 WAIVED 0.50 WAIVED REPORT PAGES FAX LONG DIST OTHER 2.00 WAIVED 2.00 WAIVED REPORT PAGES FAX NORTH AMERICA 0.80 WAIVED 0.80 WAIVED REPORT PAGES PRINTED 0.20 WAIVED 0.20 WAIVED REPORTS OPTIONAL 2 10.00 WAIVED 10.00 WAIVED RETURNED PYMTS 2 0.50 WAIVED 0.50 WAIVED RETURNED PYMTS MANUAL POSTING 5.00 WAIVED 5.00 WAIVED TEST RUNS 35.00 WAIVED 35.00 WAIVED TOTAL P.A.P. 25.62 25.82 CORPORATE CREDITOR SERVICE NG ACC•02911&02912 BILL PAYMENTS 92 0.065 WAIVED 0.07 WAIVED MAINTENANCE FEE-TYPE 1 2 15.00 WAIVED 15.00 WAIVED REPORTS 29 1.25 WAIVED 1.25 WAIVED TOTAL CORPORATE CREDITOR SERVICE 0.00 0.00 CONCENTRATING BILL PAYMENTS Monthly Fee WAIVED 35.00 35.00 Communication/transaction fees 20 - 0.15 WAIVED EDI Payment credited to account 120 5 0.45 WAIVED Per Remittance advise for Tele/On-line 100 $ 0.10 10.00 TOTAL CORPORATE CREDITOR SERVICE 0.00 45.00 TOTAL CASH MANAGEMENT SERVICES 63.62 153.82 TOTAL-ALL CDN$SERVICES 63.62 153.62 By-Law 2015-076 Being a By-law to enter into an agreement fo... Page 11 of 15 RBC Royal Banka E-FORM 603!02/20121 RBC' DEPOSIT INTEREST CONFIRMATION LETTER INTEREST PLAN To: Name and Address THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PO BOX 160 9344 PLANK ROAD STRAFFORDVILLE,ON NO3 1Y0 We are pleased to confirm the following arrangements for the payment of interest on your current account(s)"Account": 05102 101-068-5 • We will pay interest on the average of the daily closing credit balances (the average monthly balance, "AMA") in the Account,as long as the AMB is not less than $ • We will pay interest at a rate per annum equal to the average RBP less 2.00% per annum. • RBP is the annual rate of interest announced by us from time to time as a reference rate then in effect for determining interest rates on Canadian Dollar commercial loans in Canada. The average RBP is determined each month by dividing the aggregate daily RBP for the month by the number of days in that month. • The current RBP rate is available upon request,and is posted in our branch. • We will credit the interest to the Account monthly. • We reserve the right to pay interest at a rate different than the rates indicated above on the portion of unadvised fluctuations in excess of CAD Twenty-five million dollars (CAD$25,000,000.00). Should it be necessary to use a different rate, then such rate will be the difference between the above rate and the rate Royal Bank Treasury provides multiplied by the unadvised fluctuation for the number of days and be debited to your account. • This agreement is in addition to any other services we may have with you concerning the Account. • These arrangements commence on April 1,2015,and supersede and replace any prior arrangements for the payment of interest on your Account. Your continued use of the Account after this date constitutes your acceptance of these terms. We may terminate or change any part of these arrangements, including the interest rate, at any time by providing you with notice at least thirty(30)days prior to the effective date of termination or the change. • At your express request, this document has been drawn up in English. A votre demande expresse, ce document a eta radige en anglais. • "We", "us" and "our" means Royal Bank of Canada. "You" and "your" means each account holder to whom this confirmation letter is addressed. Registered trademark of Royal Bank of Canada.RBC and Royal Bank are registered trademarks of Royal Bank of Canada. By-Law 2015-076 Being a By-law to enter into an agreement fo... Page 12 of 15 RBC Royal Banks E-FORM 603(02/2012) RIIC DEPOSIT INTEREST CONFIRMATION LETTER INTEREST PLAN To: Name and Address THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PO BOX 160 9344 PLANK ROAD STRAFFORDVILLE,ON NOJ 1Y0 We are pleased to confirm the following arrangements for the payment of interest on your current account(s)"Account": 05102 101-196-4 • We will pay interest on the average of the daily closing credit balances {the average monthly balance, "AMB") in the Account,as long as the AMB is not less than $ • We will pay interest at a rate per annum equal to the average RBP less 2.00% per annum. • RBP is the annual rate of interest announced by us from time to time as a reference rate then in effect for determining interest rates on Canadian Dollar commercial loans in Canada. The average RBP is determined each month by dividing the aggregate daily RBP for the month by the number of days in that month. • The current RBP rate is available upon request,and is posted our branch. • We will credit the interest to the Account monthly. • We reserve the right to pay interest at a rate different than the rates indicated above on the portion of unadvised fluctuations in excess of CAD Twenty-five million dollars (CADS25,000,000.00). Should it be necessary to use a different rate, then such rate will be the difference between the above rate and the rate Royal Bank Treasury provides multiplied by the unadvised fluctuation for the number of days and be debited to your account. • This agreement is in addition to any other services we may have with you concerning the Account. • These arrangements commence on April 1,2015,and supersede and replace any prior arrangements for the payment of interest on your Account. Your continued use of the Account after this date constitutes your acceptance of these terms. We may terminate or change any part of these arrangements, including the interest rate, at any time by providing you with notice at least thirty 130)days prior to the effective date of termination or the change. • At your express request, this document has been drawn up in English. A votre demande expresse, ce document a ete redige en anglais. • "We", "us" and "our" means Royal Bank of Canada. "You" and "your" means each account holder to whom this confirmation letter is addressed. "Regiatr.red trademark of Royal Bank of Canada.RBC and Royal Bank are registered trademarks of Royal Bank of Canada. By-Law 2015-076 Being a By-law to enter into an agreement fo... Page 13 of 15 RBC Royal Bank® E-FORM B05102/20121 RRC a DEPOSIT INTEREST CONFIRMATION LETTER INTEREST PLAN To: Name and Address THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PO BOX 160 9344 PLANK ROAD STRAFFORDVILLE,ON NOJ 1Y0 We are pleased to confirm the following arrangements for the payment of interest on your current account(s) "Account": 05102 101-192-3 • We will pay interest on the average of the daily closing credit balances (the average monthly balance, "AMB")in the Account,as long as the AMB is not less than $ • We will pay interest at a rate per annum equal to the average RBP less 2.00% per annum. • RBP is the annual rate of interest announced by us from time to time as a reference rate then in effect for determining interest rates on Canadian Dollar commercial loans in Canada. The average RBP is determined each month by dividing the aggregate daily RBP for the month by the number of days in that month. • The current RBP rate is available upon request,and is posted in our branch. • We will credit the interest to the Account monthly. • We reserve the right to pay interest at a rate different than the rates indicated above on the portion of unadvised fluctuations in excess of CAD Twenty-five million dollars (CAD$25,000,000.00). Should it be necessary to use a different rate, then such rate will be the difference between the above rate and the rate Royal Bank Treasury provides multiplied by the unadvised fluctuation for the number of days and be debited to your account. • This agreement is in addition to any other services we may have with you concerning the Account. • These arrangements commence on April I,2015,and supersede and replace any prior arrangements for the payment of interest on your Account. Your continued use of the Account after this date constitutes your acceptance of these terms. We may terminate or change any part of these arrangements, including the interest rate, at any time by providing you with notice at least thirty(30)days prior to the effective date of termination or the change. • At your express request,this document has been drawn up in English. A votre demande expresse, ce document a €t€redige en anglais. • "We", "us" and "our" means Royal Bank of Canada. "You" and "your" means each account holder to whom this confirmation letter is addressed. .Registered trademark of Royal Bank of Canada.RBC and Royal Bank are registered trademarks of Royal Bank of Canada. By-Law 2015-076 Being a By-law to enter into an agreement fo... Page 14 of 15 RBC Royal Bank® E-FORM B03(02/2012) RBC a DEPOSIT INTEREST CONFIRMATION LETTER INTEREST PLAN To: Name and Address THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PO BOX 160 9344 PLANK ROAD STRAFFORDVILLE,ON NOJ IVO We are pleased to confirm the following arrangements for the payment of interest on your current account(s)"Account': 05102 101-195-6 • We will pay interest on the average of the daily closing credit balances(the average monthly balance, "AMB")in the Account,as long as the AMB is not less than $ • We will pay interest at a rate per annum equal to the average RBP less 2.00% per annum. • RBP is the annual rate of interest announced by us from time to time as a reference rate then in effect for determining interest rates on Canadian Dollar commercial loans in Canada. The average RBP is determined each month by dividing the aggregate daily RBP for the month by the number of days in that month. • The current RBP rate is available upon request,and is posted in our branch. • We will credit the interest to the Account monthly. • We reserve the right to pay interest at a rate different than the rates indicated above on the portion of unadvised fluctuations in excess of CAD Twenty-five million dollars (CADS25,000,000.00). Should it be necessary to use a different rate, then such rate will be the difference between the above rate and the rate Royal Bank Treasury provides multiplied by the unadvised fluctuation for the number of days and be debited to your account. • This agreement is in addition to any other services we may have with you concerning the Account. • These arrangements commence on April 1,2015,and supersede and replace any prior arrangements for the payment of interest on your Account.Your continued use of the Account after this date constitutes your acceptance of these terms. We may terminate or change any part of these arrangements, including the interest rate, at any time by providing you with notice at least thirty (30)days prior to the effective date of termination or the change. • At your express request,this document has been drawn up in English. A votre demande expresse, ce document a 616 redige en anglais. • "We", "us" and "our" means Royal Bank of Canada. "You" and "your" means each account holder to whom this confirmation letter is addressed. *Registered trademark of Royal Bank of Canada.RBC end Royal Bank are registered trademarks of Royal Bank of Canada. By-Law 2015-076 Being a By-law to enter into an agreement fo... Page 15 of 15