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Home My WebLink AboutMay 19, 2016 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 9344 Plank Road, Straffordville, ON Council Chambers Thursday, May 19, 2016 7:00 p.m. 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS A. 7:05 p.m. — Robert Foster, External Auditor, Graham Scott Enns to present Draft 2015 Financial Statements and Audit Findings Letter 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held May 5, 2016 B. Statutory Planning Meeting held May 5, 2016 C. Special Meeting held May 11, 2016 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information 2016 Council Agenda May 19, 2016 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-21/16 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Rezoning Application — GoPro Home Solutions B. Report DS-22/16 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Site Plan Control By-law— Updated C. Report DS-23/16 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Subdivision Agreement— Country View Estates Phase 2 (Peters) 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Long Point Region Conservation Authority Board of Directors minutes of meeting held April 6, 2016 B. City of Timmins re Regulate Gas Prices in Ontario resolution C. Town of Tillsonburg re Bill 180, Workers Day of Mourning Act resolution D. Ontario Energy Board Notice to Customers of Union Gas Limited E. Town of Aylmer re Bayham Request for costing for Police Services F. Minister of Natural Resources and Forestry and Minister of Municipal Affairs and Housing re Proposed Changes to the Four Land Use Plans G. Town of Essex re Widening Highway 3 to Improve Public Safety resolution H. Town of Aurora re Proposed Bill 158 resolution I. Municipality of South Dundas re RED Program J. Niagara Region re Lyme Disease resolution K. Notice to Ontario Museums re Infrastructure Funding Opportunity 11.1.2 Requiring Action A. AREME Chapter No. 15 of the Eastern Star, Vienna re piano B. Carolyn Zwicker re Ontario Early Years Centre Summer Park Programs C. County of Elgin re County Road #55 Boundary Road Agreement 2016 Council Agenda May 19, 2016 11.2 Reports to Council A. Report TR-16/16 by Lorne James, Treasurer re 2016 Q1 Variance Report B. Report TR-17/16 by Lorne James, Treasurer re LAS Natural Gas Procurement Program C. Report CAO-37/16 by Paul Shipway, CAO re 2016 Grant Program Applications 12. BY-LAWS A. By-Law Z648-2016 Being a By-law to further amend By-law Z456-2003 GoPro Home Solutions B. By-Law 2016-040 Being a By-law to authorize the writeoff of taxes C. By-Law 2016-043 Being a By-law to authorize the Natural Gas Procurement Program in Partnership with Local Authority Services (LAS) D. By-Law 2016-046 Being a By-law to authorize the execution of a lease agreement between the Municipality of Bayham and Randall Mack Breyer E. By-Law 2016-047 Being a Site Plan Control By-law F. By-Law 2016-048 Being a By-law to authorize the signing of a Subdivision Agreement 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera A. Confidential item regarding litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Project Ojibwa) 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2016-049 Being a By-law to confirm all actions of Council 16 ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 9344 Plank Road, Straffordville, ON Council Chambers Thursday, May 5, 2016 7:00 p.m. 7:30 p.m. — Public Meeting — Planning (Zoning) — Go Pro Home Solutions Inc. PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO PAUL SHIPWAY DEPUTY CLERK/ PLANNING COORDINATOR MARGARET UNDERHILL WATER/WASTWATER OPERATIONS — CAPITAL PROJECT MANAGER ED ROLOSON PUBLIC WORKS OPERATIONS SUPERVISOR ED BRADFIED CLERK'S ASSISTANT BRENDA GIBBONS 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 Casier declared a pecuniary interest in Item 11.2-B regarding Otter Valley Corridor and vacated Council Chambers during discussion of the item. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. Presentation from Straffordville Hall Committee added as Item 4-A 4. ANNOUNCEMENTS A. Straffordville Hall Committee presentation of cheque in the amount of$8,260.00 representing funds raised from online auction held in March to be utilized for Straffordville Community Centre renovations Marni Wolfe, on behalf of the Straffordville Hall Committee, presented a cheque in the amount of$8,260.00 to Mayor Ens to be utilized for Straffordville Community Centre renovations. Mayor Ens thanked the group for their efforts and commended them for their ongoing commitment. 5. DELEGATIONS None 2016 Council Minutes May 5, 2016 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held April 21, 2016 Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the minutes of the regular meeting held April 21, 2016 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Go Pro Home Solutions Inc. Zoning By-Law Amendment Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT correspondence item 10.1.1-A be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. City of Welland resolution re development of Provincial Legislation requiring the registration, licensing and setting Provincial Standards for Private Supportive Living Accommodations 2016 Council Minutes May 5, 2016 B. Ministry of Citizenship, Immigration and International Trade re Ontario Medal for Good Citizenship C. Active Elgin re Cycling Safety in Elgin St. Thomas D. County of Elgin re Elgincentives Grant E. Minister of Labour re Bill 163, Supporting Ontario's First Responders Act, 2016 F. Invitation to Council re Trinity Anglican Church, Port Burwell 180th Anniversary G. Long Point Region Conservation Authority December 31, 2015 year end Financial Statements and 2015 Annual Report H. Jeff Yurek, MPP re OMPF funding I. Ministry of Education re 2016 Proportions of Enrolment for purposes of Education Act J. Notice of Special Council Meeting re RFT16-04 Straffordville Community Centre Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT correspondence items 11.1.1-A— 11.1.1-J be received for information. CARRIED 11.1.2 Requiring Action A. Straffordville Evangelical Mennonite Church re Bayham Ride of Hope Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT correspondence from Straffordville Evangelical Mennonite Church be received for information; AND THAT Council grants permission to use the Straffordville Community Centre parking lot for the Bayham Ride of Hope on Saturday, June 11, 2016 from 8:00 a.m. — 2:00 p.m. subject to proof of liability insurance coverage, naming the Municipality of Bayham as an additional insured in the minimum amount of$2,000,000; AND THAT it is understood that a portion of the parking lot may be in use for construction purposes; AND THAT cleanup of the area be the responsibility of the users. CARRIED 2016 Council Minutes May 5, 2016 B. Museums Bayham Advisory Board & Committee Resolution Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Council of the Corporation of the Municipality of Bayham supports the following Marine Museum and Lighthouse Entrance Fees: Under 12 years Free Adults (13+) $3.00 per person one site Adults (13+) $5.00 per person for both Marine Museum and Lighthouse Family $8.00 per family one site Family $12.00 per family for both Marine Museum and Lighthouse AND THAT an annual museum pass valid for unlimited attendance be offered for$15.00 per adult for entrance to both Marine Museum and Lighthouse as a trial for the 2016 season. Passes are to be designed by the curator and students and printed on cardstock. CARRIED Council recessed for the Public Meeting regarding Go Pro Home Solutions Inc. at 7:31 p.m. and reconvened the Regular Meeting at 7:36 p.m. 11.2 Reports to Council A. Report CAO-28/16 by Paul Shipway, CAO re 2016 Sidewalk Inventory—Assessment (for further discussion as per direction of Council at the regular meeting held April 21, 2016) Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report CAO-28/16 re Sidewalk Inventory—Assessment be received for information; CARRIED B. Report CAO-33/16 by Paul Shipway, CAO re Otter Valley Utility Corridor Councillor Casier vacated Council Chambers during discussion of Report CAO-33/16 and returned after passing of resolution for this item. Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT Report CAO-33/16 re Ottery Valley Utility Corridor be received for information; AND THAT staff be directed to bring forward a by-law to enter into a use agreement, with 56466 Heritage Line, Straffordville Ontario, for Council consideration; AND THAT staff be directed to spray the utility corridor, for broad leaf plants, from Tunnel Line to Port Burwell, to be funded from Trail Reserve; AND THAT Council direct staff to investigate drainage and fencing cost; 2016 Council Minutes May 5, 2016 AND THAT staff be directed to develop trail signage for Council review. CARRIED C. Report CAO-34/16 by Paul Shipway, CAO re RFP 16-02 Concession Food Booth Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report CAO-34/16 re RFP 16-02 Concession Food Booth be received for information; AND THAT staff be directed to bring forward a by-law to authorize a Concession Food Booth Agreement for Council consideration. CARRIED 12. BY-LAWS A. By-Law 2016-036 Being a By-law to adopt a Municipal Tree Policy B. By-Law 2016-037 Being a By-law authorize the execution of a Utility Corridor Use Agreement between the Municipality of Bayham, the Town of Tillsonburg, Ricky Milton Roberts and Deborah Anne Roberts C. By-Law 2016-038 Being a By-law to amend By-Law 2016-014 a By-law to regulate traffic and parking on highways, private property and municipal property within the Municipality of Bayham D. By-Law 2016-039 Being a By-law to stop up, close and convey part of the unopened road allowance known as Baldwin Line and Given Road E. By-Law 2016-041 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and Muriel Alberta / MA'S Port Burwell Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT By-laws 2016-036, 2016-037, 2016-038, 2016-039 and 2016-041 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS None. 14. OTHER BUSINESS None. 2016 Council Minutes May 5, 2016 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2016-042 Being a By-law to confirm all actions of Council Moved by: Councillor Casier Seconded by: Councillor Ktechabaw THAT confirming By-law 2016-042 be read a first, second and third time and finally passed. CARRIED 16 ADJOURNMENT Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT the Council meeting by adjourned at 8:04 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 9344 Plank Road, Straffordville, ON Council Chambers Thursday, May 5, 2016 7:30 p.m. — Go Pro Home Solutions Inc. PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO PAUL SHIPWAY DEPUTY CLERK/ PLANNING COORDINATOR MARGARET UNDERHILL CLERK'S ASSISTANT BRENDA GIBBONS SIGNED IN ATTENDEES: There were no attendees 1. CALLTO ORDER Mayor Ens called the meeting to order at 7:31 p.m. Any persons in attendance with regard to the Public Meeting for Planning purposes — Rezoning are requested to place their name on the sign-in sheet provided. 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 Go Pro Home Solutions Inc. The purpose of the public meeting is to consider an application to change the zoning on a parcel of land from the Institutional (I) Zone to the Central Business District (C1). The effect of the by-law will be to recognize the existing commercial uses and permit additional commercial uses in the existing building and on a reduced lot area, in the Central Business District (C1) Zone. 2016 Council Minutes May 5, 2016 5. PUBLIC PARTICIPATION None. 6. CORRESPONDENCE None. 7. OTHER BUSINESS None. 8. ADJOURNMENT Pursuant to the Planning Act requirements the Public Meeting is now complete and the Zoning by-law will be considered at the meeting scheduled for May 19, 2016. The regular meeting will now reconvene at 7:36 p.m. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SPECIAL MEETING MINUTES MUNICIPAL OFFICE 9344 Plank Road, Straffordville, ON Council Chambers Wednesday, May 11, 2016 6:00 p.m. — RFT 16-04 Straffordville Community Centre PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO PAUL SHIPWAY CLERK'S ASSISTANT BRENDA GIBBONS 1. CALLTO ORDER Mayor Ens called the meeting to order at 6:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. ADMINISTRATION A. Report CAO-35/16 by Paul Shipway, CAO re RFT 16-04 Straffordville Community Centre Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report CAO-35/16 re RFT 16-04 Straffordville Community Centre be received for information; AND THAT Council award RFT 16-04 to Reid & DeLeye Contractors Ltd. in the amount of $904,356.92+HST AND THAT staff be directed, and delegated authority, to utilize the Working Capital Reserve for change orders, if required, with an upset limit of$40,000. AND THAT staff be directed to bring forward a by-law to enter into a contract with Reid & DeLeye Contractors Ltd. for Council consideration. CARRIED 2016 Council Minutes May 11, 2016 4. BY-LAWS A. By-Law 2016-044 Being a By-law to authorize the execution of an agreement Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT By-law 2016-044 be read a first, second and third time and finally passed. CARRIED 5. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2016-045 Being a By-law to confirm all actions of Council Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT confirming By-law 2016-045 be read a first, second and third time and finally passed. CARRIED 6. ADJOURNMENT Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT the Council meeting by adjourned at 6:15 p.m. CARRIED MAYOR CLERK $AYH REPORT o �y DEVELOPMENT SERVICES �puj'tunity Is�� TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: May 19, 2016 REPORT: DS-21/16 FILE NO. C-07 / D13.GOPR Roll # 3401-002-001-34800 SUBJECT: Rezoning Application —GoPro Home Solutions BACKGROUND: GoPro Home Solutions submitted a rezoning to application to rezone their property located at 23 Wellington Street, Port Burwell, north side, and east of Robinson Street. The lands are designated Commercial on Schedule "D" Port Burwell: Land Use and Constraints in the Official Plan. The lands are zoned Institutional (I) in Zoning By-law Z456-2003. A statutory planning public meeting was held on May 5, 2016 with no attendees and no public comments submitted. No further comments have been received since the public meeting. The purpose of this By-law is to change the zoning on a 122 m2 (1319 sq. ft.) parcel of land from an Institutional (I) Zone to the Central Business District (C1) in Zoning By-law Z456-2003. The subject lands are located at 23 Wellington Street, north side, east of Robinson Street, Reference Plan 12 W, Part Lot 21. The effect of this By-law will be to recognize the existing commercial uses and permit additional commercial uses in the existing building and on a reduced lot area, in the Central Business District (C1) Zone. DISCUSSION The change in zoning provides for a broader range of commercial uses in the existing building. The municipal planner's memorandum dated April 28, 2016 as attached provides a review of the proposal. Staff and planner support the proposal and provide a draft by-law for Council consideration. Staff Report DS-21/16 Go Pro Home Solutions 2 ATTACHMENTS: 1. Rezoning Application received April 1/16 2. IBI Memorandum dated April 28, 2016 3. Draft Zoning By-law Z648-2016 RECOMMENDATION 1. THAT Report DS-21/16 be received for information; 2. AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning from the Institutional (I) Zone to Central Business District (C1) Zone for 23 Wellington Street, Port Burwell, owned by GoPro Home Solutions Inc.; 3. AND THAT Zoning By-law Z648-2016 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: . //"Z% Marga et 'nderhill `aul •10111 Deputy Clerk/Planning Coordinator CA* '61%3(1144MUNICIPALITY OF BAYHAM P.O. Box 160 l�, Straffordville, Ontario oA l v{� NOJ 1Y0 1'O/1-tatty xsY° 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 information in this form must be completed in full. This mandatory information must be provided with a fee of$2.000 (Zoning By-law Amendment or Temporary Use Zoning By-law) or$1500 (Temporary Use Zoning By-law Renewal)or$1500(Zoning Amendment to Remove Holding Provision). If the application is not completed in full,the application will be returned. I/WE,6�o FR,C, S'" i i t O 077 X,/ (1 C> shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. Property Owner �t fP Li A Aii* Property Owner FOR OFFICE USE ONLY ?eyo/ J f 4 � �' DATE CEIVEDD 4 AMOUNT RECEIVE ` DEEMED COifi%PEEtE „RECEIPT# . � FILE N(7 ,tom , r DATE ADOPTED BY COUNCIL Revised February 2015 Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's Name: Go KC,,) 1--t.0 Ai\ E 5OI C)Ti /VS .7 0 JA/b0/V Address: .7 ;-) IA HA L „i\t) So ty-T--H Phone No. (Home): ( ") IC' 6) 1 0 Business: (i5 lei) 7(i'7 / 2/ /0/0 Fax: ?‘ 7-all 9/ Email: hack p lic.."§nie_co la lot) Lot and Concession(if applicable): Are there any other holders of mortgages,charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. 2. Applicant/Authorized Agent: L I P1/\J\ (1:2) 0 RKE /' bEv../ Address: I t\1 1A!0 ObS C1 E ENT, 1-.O.A160 orvi. N667- Telephone No.: (5/ -76) -16/0 Fax 'S 7 7 -2.ei • Please specify to whom all communications should be sent: Registered Owner ( ) Applicant I Authorized Agent (NA 3. Legal Description of the land for which the amendment is requested:Roll# -OC i it 000 Concession: Lot: Reference Plan No: ‘,'\.; Part Lot: ;if_ Street and Municipal Address No.: 2.-3 1,0 1-(I: What is the size of property which is subject to this Application? Ark --) - Area: jq f m2 Frontage: m Depth: When were the subject lands acquired by the current owner? Ai\A C.C H 11 4. Existing Official Plan Designation: C.0 itivAt‘C.•gct How does the application conform to the Official Plan? K.L -2-0/4Vi.V6,-- TO .6-04/F0 r--4,N Ye (.-.)rfk- /6-N4Tio/v Municipality of Bayham Zoning By-law Amendment Application Page 3 5. Existing Zoning By-law Classification: (Al' d I flI r i(J 74/— ( I .+ What are the current uses of the subject lands? AL) .gig (� /n> { (` L {tit ` i)l/,>C-'11 1 m + ¢ k ��'.,, q E� i / V I A ./\. '8 r_. 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 toy t " 1 7 16 /<-j , ;/,,,. If known,provide the dates in which each of these buildings were constructed. 6. What is the Nature and Extent of the Rezoning? 7_6 ,rt, i'�i`� 1 � TV I-I 1 ) 51=C..,T 2-ti ;?'1 -. , ' i is i >t51 ° }5 s his PZ t ;l ( -. 1%\ `ECT ta4,1 i t 4, 7 7. Why is the rezoning being requested? r; R.(/V1-_ 1'i 0PI 1Z `y` ? v 70 04LC.1----1 /- AJC1 WIF1-1 C-- Ft, AC:-; it' f()N I o A L L-t 1A) COMMf:1-K6/At— () - , / t- Vt i 0�- Taal? f ( ,� lI g- r Municipality of Bayham Zoning By-law Amendment Application Page 4 8. Does the proposed Zoning By-law amendment implement a growth boundary / adjustment of a settlement area? l V o 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? Ak) 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) z,3 iv i/ 7-- 1sC)(; i(.i 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 J f /4/15 )/ q r ,) 11. Services existing or proposed for the subject lands: Please indicate with a ✓ Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) Private Drilled Well ( ) ( ) Private Dug Well ( ) ( ) Communal Well ( ) ( ) Municipality of Bayham Zoning By-law Amendment Application Page 5 Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing,� Proposed Municipal Sanitary Sewers ( Vf ``) ( ) Individual Septic System ( ) ( ) Communal System ( ) ( ) Privy ( ) ( ) Other ( ) ( ) Note: If the proposed development is oil 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 if - Provisions: ,orf) C_- -1 A i(l t 1' Proposed Outlet: 12. How will the property be accessed? Provincial Highway( ) County Road( 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? 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( ) Zoning By-law Amendment( ) Ministers Zoning Order( ) If yes to any of the above,indicate the file number and status of the application. 1)Al , /vit) i.,= 1- 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? L- Att ;4:) Ed i if Itis Oiti A ,4.11 i` 1.f' f2`%..d;:i; i- `;s 16-AA 1 ": FI aT'Y,a 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)? / (J 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; 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; • 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 Please provide the assessment roll number,lova ' and zoning of the farm parcel with which the subject lands is being consolidated. ,y, Municipality of Bayham Zoning By-law Amendment Application Page 8 4u(( i A fvk. I/We, CTO 19 KC 16.4, (1&k ,of the 77-iL -1 I Y OF 0A/ ofM'I t. L S/= ,in the county of ,do solemnly declare: :s, (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 1/We make this solemn declaration conscientiously believing it to be true,and knowing that it is of the same force and effect as if made under oath,and by virtue of the "Canada Evidence Act". DECLARED BEFORE ME at the: /i'Zw; .:.�- j;,�u of _ = '/?tet/ '/ Owner/Agent in the County/Region of this / a _ day of f� ,� / . � i . 20 Owner/Agent / ✓ A Commissioner,etc. MARGARET UNDERHILL,a Commissioner, ete. Deputy Clerk of the Corporation of the Municipality of Dayhaen. 4\\ 1 E Air I AL- U 11:----- /1 7....0 A! I: b ( ..01\f-,NA,r R,( ,1 A L N . .„ 0_W 5. til v 1. .1 ) : . ... x tc,-; IN 6,- • . -- 1-11._-D •.---- —... W: I ' i . .i.- -.1 ).'i.. , z..1.-• _,_I\zi • -Z fsi , • . I . • . . : . . : ' . .4 . - .Li SilA r--7 --, ;',/' I. V_L . : ,i,- ./. i , f'1 d I,('‘ 7 • • • . . ' I : I : . i ....'-'' I i ' . . I • . : • ' • I -- I 1 .I 7 11\ • ,---, •• , \. ' . 1 •4,-, . ... .,• -4 1 • , • ',..P4 . . . . ,! ....-_, i . ...,i-, z i . .• c . .....: — ..... 0 i . . . N ' C. . .. . .... — , i...... ...... :.s• 1/4.--v_ , .,• ‘,...!) . '.'..'N, I 1 -.....z .„--- ',, ''. ., : . V. ; ,---" '..a, .,.., .., I s- ' C-"I -, ---., . „. 1\ i J ' < '--;.. --.' .. , : . ; ' ' 1 ' . ..------- 1--: . -...) .______________. ... ______________ . . • _ __. _ . ._ „ . . . • -.._c.,)R. R _ . R 0 A b w:6-L.L/4/:,/,-- "i 0//1 S-r.--R E.-7- 1. "1 IBI GROUP 0 Oxford treet West I I tel 51Londo9 4072 73 8S faN6H 1Tx Canada9 472 9354 ibigroup.com Memorandum To/Attention Municipality of Bayham Date April 28, 2016 From William Pol, MCIP, RPP Project No 621 cc Subject Go Pro Home Solutions Inc. -Application for Zoning By-law Amendment-23 Wellington Street Port Burwell 1. We have completed our review of an Application for a Zoning By-law amendment, submitted by William "Burke" Dew on behalf of Go Pro Home Solutions Inc., for a property located at 23 Wellington Street, Port Burwell, north side, east of Robinson Street. The applicant is requesting a zoning change to Central Business District(C1)to permit additional commercial uses of the property without changing the existing buildings. The lands are designated Commercial on Schedule"D" Port Burwell: Land Use and Constraints. Wellington Street is designated a County Road. The lands are zoned Institutional (I) in Zoning By-law Z456- 2003. 2. The property has an existing one storey building with a floor area of 61.7 m2 and a shed to the rear of 10.1 m2 with a building coverage of 58% of the lot. The building is setback 0.9m from the front property line and 0.45 m from each side property line. The lot has a depth of 20.1 m and width of 6.1 m for a total area of 122.6 m2. The existing use is a laundromat and takeout restaurant. There is no on-site parking and access is provided from the street into and through the building or through the adjacent parking lot owned by others. Surrounding land uses are: west commercial art store; east at grade parking, antique store and post office; south commercial; and north residential land use zoned commercial. 3. Section 4.5.5 Commercial of the Official Plan sets out the policies for the subject lands. The predominant use will be for the buying and selling goods and services. Proposals for new development or redevelopment are subject to policies 4.5.5.5 and are addressed in the following paragraphs corresponding to the lettered policies in this section: a. The property is served with municipal sanitary sewers, water and storm water services. No new services are required to accommodate changes in use within the existing buildings. b. The property has no on-site parking. Parking is currently provided on Wellington Street and surrounding streets. It is not anticipated there will be an increased demand for parking arising from a broader range of land uses. The parking for the building will remain non-conforming to the by-law regulations. c. There is sufficient buffering, setbacks and screening to surrounding uses. The existing shed provides screening for the residential use to the rear. d. Conformity of the zoning to the Official Plan will be increased with a broader range of commercial uses permitted. The building location, lot size and parking regulations will remain legal non-conforming to the by-law until such time as the owner changes IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—April 28,2016 the building on the site. At that time, if the building is changed a zoning by-law amendment or minor variance will be made to the zone regulations. e. Storm drainage will remain as existing based on the existing building and lot area. No change is anticipated. f. The municipality may enter into a site plan agreement where it is deemed necessary. Since there is no change to the building or site form, no site plan agreement is necessary for this zone change. 4. The purpose of the amendment will allow the conversion of the existing building to a range of additional uses including office, financial institution, bakery; recreational uses; personal services; and retail stores. This range of uses is in keeping with the intent of the Official Plan Policies for commercial uses at this location. These uses generally have a parking rate which is the same or lower than required for the existing non-conforming laundromat and restaurant uses. It is not expected the zone change will have a significant impact on the availability of public on street parking and will not likely have a land use impact on surrounding land uses. 5. Based on our review of the application, and understanding of the intent of the amendment to allow a broader range of uses in the existing building, we have no objection to the requested Zoning By-law amendment from Institutional (I) to Central Business District(C1) Zone for 23 Wellington Street Port Burwell. Wil?&wu ✓ te IBI GROUP William Pol, MCIP, RPP Affiliate Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z648-2016 GO PRO HOME SOLUTIONS INC. BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003,AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE,the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule"I", Port Burwell by changing the zoning from Institutional (I) to Central Business Commercial (C1), which lands are outlined in heavy solid lines and marked Cl on Schedule"A"to this By-law,which schedule is attached to and forms part of this By-law. 2) 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 TIME THIS 19th DAY OF MAY 2016. READ A SECOND TIME THIS 19th DAY OF MAY 2016. READ A THIRD TIME AND FINALLY PASSED THIS 19th DAY OF MAY 2016. MAYOR CLERK J z SEE SCHEDULE A-MAP Ncs.14 ti SEE SCHEDULE A-MAP Nc, 13 '4 ....� _ r - I 1 ' r� , ...,„1-- , \ --,__, \ L. 1--‘' '','` .;'>:'-- --• ' ' • ''' : e e —'J. — V f s ti �� - - _. H� ,..,..L, ,., \ , l SEE INSET MAP mss- .,-.'",------1,.p., 1 ''i' '„� J :1/7 --- --- 4,19 / '~I _M -.. f � e . $ J INSET MAP `< r: ...........r.------- > x �� HA 1N,'. - ,- ST i RATERLOO ST - ^' I Cl '5 ;„%/,/-i-';.^ /` I �% . �� __8L LINOTONS71 � k � .... �` ^ �3.� '. I, This is Schedule"A"to By-law n4 w �, 5 a 5 1 ',� Na.Z648-2016,passed the :.� , /9)/A--day of ma 2016 m / i' ' _ - '' ' : -II - s'',.'- - ee _ s K Mayor Clerk MUNICIPALITY OF BAYHAM Legend SCHEDULE I p ZBLA PORT BURWELL (_ LPRCA Regulation Limit a ion zoo aao Mevez ZONING BY-LAW Z456.2003 CONSOLIDATED JAN 8,2016 $AYH.► 4 _k REPORT („s„‘,,,,„.„2„4„,..,, , oo� � DEVELOPMENT SERVICES �'oj'tunity 11-SAC TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: May 19, 2016 REPORT: DS-22/16 FILE NO. C-07 SUBJECT: Site Plan Control By-law - Updated BACKGROUND: This report is to recommend an updated Site Plan Control By-law for the municipality as the current Site Plan Control By-law 2005-061 is significantly out of date from 2005. DISCUSSION Staff, municipal planner and our County solicitor have undertaken a review of site plan needs and drafted a by-law to ensure clearer definitions, compliance with Official Plan policies and Provincial legislation and the addition of failure to comply and enforcement clauses. The approved fee for site plan approval remains at the current amount of $2,000. ATTACHMENTS: 1. Site Plan Control By-law 2016-047 2. Draft Site Plan Control By-law - highlighted version showing additions/changes 3. Draft Site Plan Agreement — highlighted version showing additions/changes RECOMMENDATION 1. THAT Report DS-22/16 be received for information; 2. AND THAT By-law 2016-047, being a Site Plan Control By-law, be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill K:'i ay Deputy Clerk/Planning Coordinator CAO THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016 —047 SITE PLAN CONTROL BY-LAW Being a bylaw designating the area within the territorial limits of the Municipality of Bayham as subject to site plan control pursuant to the provisions of the Planning Act and otherwise establishing regulations and procedures for obtaining approval for development within the said Municipality of Bayham as an area subject to site plan control. WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS, in the Official Plan for the Municipality of Bayham, the whole of the Municipality of Bayham is described as a site plan control area; AND WHEREAS Section 41 of the Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval; AND WHEREAS Section 41 of the Planning Act, as cited above, also provides that the Council of the Municipality of Bayham may define any class or classes of development that may be undertaken without approval; AND WHEREAS the Council of the Municipality of Bayham has decided to repeal By-Law No. 2005-61, as the previous Site Plan Control By-Law, and replace that by-law with the within by- law; THEREFORE the Council of the Municipality of Bayham, pursuant to section 41 of the Planning Act, as cited above, enacts as follows: 1.0 Interpretation 1. The following rules apply to interpretation of this by-law: (1) Unless otherwise defined, the words, terms, and phrases used in this by-law have their normal and ordinary meaning. (2) For purposes of interpretation only, the Legislation Act, 2006, S.O. 2006, c. 21, Sched. F, as amended, applies to this by-law. (3) Despite the tense used in a provision: (a) Every provision of this by-law is to be applied to the circumstances as they exist at the relevant time in question; and 2 (b) Every obligation imposed by this by-law is a continuing one so long as either the use, the circumstances, the reason for the obligation, or the events which caused, precipitated, or gave rise to the obligation continue. (4) This by-law may be cited by its long title, its short title, or by its by-law name and any citation is to be taken as meaning the by-law as amended. 2.0 Definitions 2. (1) In this by-law, unless a contrary intention is expressed: (a) "Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended. (b) "Board" means the Ontario Municipal Board. (c) "Corporation" means the Corporation of the Municipality of Bayham. (d) "Council" means the Municipal Council of the Corporation. (e) "Development" means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164 (4) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of the Planning Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46 (1) of the said Planning Act but provided that the said definition of "development" does not include the placement of a portable classroom on the school site of a local school board if the school site was in existence on January 1, 2007. (f) "Official Plan" means the Official Plan of the Municipality of Bayham, as amended from time to time. (g) "Property", including any portion thereof, means the land upon which development is proposed and to which the provisions of this by-law apply. (2) For the purposes of the definition of"Development" as set forth in section 2 (1) (e) above: (a)an addition or alteration to a building or structure which substantially increases the size thereof shall mean: (i) save and except for buildings or structures within an industrial zone as designated by the provisions of the Bayham Zoning By-Law Z456-2003, as amended, or any successor by-law thereto, an increase of more than 20% of existing gross floor area; and 3 (ii) for buildings or structures within an industrial zone as designated by the provisions of the Bayham Zoning By-Law Z456-2003, as amended, or any successor by-law thereto, an increase of more than 30% of existing gross floor area. (b) an addition or alteration to a building or structure which increases the usability thereof shall mean any addition or alteration to a building or structure which results in a change in the use of that building, structure or property, and includes an addition or alteration which would; (i) result in a change in the volume, intensity, or nature of noise, lighting, odor, and/or vibration generated on the property; (ii) alter the ingress to or egress from the property or a portion thereof; (iii) alter the traffic flow on or around the subject property, or a portion thereof, including but not limited to construction and installation of a "drive-thru" laneway; (iv) alter parking requirements and/or facilities for the property or a portion thereof; (v) alter hours of operation for the use or uses of such property or portion thereof; (vi) alter lot grading and/or drainage patterns, including but not limited to drainage and disposition facilities and installations, for the property or a portion thereof and which interpretation specifically applies to the alteration of the surface treatment and permeability of an existing parking lot or parking area. 3M Area/Development Subject to Site Plan Control 3. (1) Site Plan Control Area The whole of the Municipality of Bayham, as constituted from time to time, is hereby designated as a site plan control area. (2) Exempt Classes of Development The following classes of development may be undertaken without the approval of plans and drawings otherwise required under subsections 41 (4) or 41 (5) of the Act, and this by-law does not apply to such classes: (a)Farm buildings and structures; (b)Agricultural and farm-related buildings, structures, building additions, or building alterations that are utilized in farming operations, but not including commercial wind farm operations, grain drying operations, agricultural-commercial or industrial operations such as farm equipment sales and service, farm supply sales and agricultural storage, service or supply establishments. 4 (3) Application to Residential Dwellings Any residential dwelling other than single-detached, semi-detached, and duplex dwellings shall be subject to site plan control. The application of site plan control measures for such uses is limited to such matters as controlling the location of access, parking, grading and drainage. 4.0 Application For Approval of Development 4. (1) Every application for a permit to construct a building or structure or an addition or alteration to a building or structure shall be accompanied by the following plans, specifications, documents, information, and items: (a) The plans referred to in section 41 (4) (a) of the Act, as excerpted on Schedule "A" to this by-law, 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 with the building or structure and all the facilities, works, and matters otherwise referred to in section 41 (7) (a) of the Act; (b) The drawings referred to in section 41 (4) (2) of the Act, as excerpted on Schedule "A" to this by-law; provided at all times that the following matters need not be addressed in such drawings as they are not subject to site plan control: (i) Interior design. (ii) Layout of interior areas, excluding interior walkways, stairs, elevators and escalators as referred to in section 41 (4) (2) (c) of the Act. (iii) The manner of construction and standards for construction. (c) One or more agreements with the Corporation in the form attached as Schedule "B" to this by-law dealing with the provisions and maintenance of the development to be provided in conjunction with the building or structure and the facilities, works, and other matters mentioned in section 41 (7) of the Act, as excerpted on Schedule "A" to this by-law, and in accordance with the plans and drawings approved pursuant to the Act and this by-law. (d) Where required under an agreement referred to in section 4 (1) (c) above, security, in the form of cash, certified cheque, or letter of credit, to protect the Corporation in respect of its liability for holdback and costs pursuant to section 17 (4) of the Construction Lien Act, R.S.O. 1990, c. C. 30, as amended, and to assure satisfactory provision and maintenance of the facilities and works to be provided in conjunction with the building or structure and the facilities, works, and other matters mentioned in section 41 (7) of the Act and in accordance with the plans and drawings approved pursuant to the Act and this by-law. The amount of security will be established by the Corporation and will be based primarily upon the estimated cost of alterations to public property, roadways, curbs, gutters and drains, and any repairs for damages to public property, roadways, curbs, gutters and drains, plus all site-specific components as 5 identified on Site and Site Servicing Plans, as submitted and approved with a minimum deposit of$1000.00. (e) By cash or bank draft payable to the Corporation, payment of the requisite fee as specified in the Rates and Fees By-Law for the Corporation. 5.0 Conditions to Approval of Development/Plans 5. As a condition to the approval of the development, including plans and drawings referred to in section 41 (4) of the Act and as otherwise anticipated in section 4. 0 above, the owner of the property, or portion thereof, shall be required to: (1) In accordance with this by-law and at no expense to the Corporation, provide the facilities, works, or other matters referred to in section 41 (7) (a) of the Act, excerpted in Schedule "A" to this by-law, and otherwise approved by Council pursuant to this by-law; and (2) In accordance with this by-law and at the sole risk and expense of the owner of the property, or portion thereof, maintain the facilities, works, and other matters as identified in items 2 to 9 (inclusive) of section 41 (7) (a) of the Act, as excerpted in Schedule "A" to this by-law, and as otherwise approved by Council pursuant to this by-law, at all times including the removal of snow from access ramps and driveways, parking and loading areas, and walkways. (3) In accordance with this by-law, at the sole risk and expense of the owner, and in circumstances to which section 41 (8) of the Act apply, provide evidence of proper notification, review and approval of plans by the upper tier municipality, satisfaction of the requirements of the upper tier municipality in respect of items listed in section 41 (8)(a) of the Act, a photocopy of any agreement or agreements required by the upper tier municipality in respect of items listed in section 41 (8)(b) of the Act, and acceptable evidence of conveyance of land in respect of the item set forth in section 41 (8)(c) of the Act. 6.0 Exercise of Authority to Approve 6. The exercise of the Authority to approve as contemplated by this by-law is subject to the following: (1) Council shall approve the application contemplated by section 4.0 hereof, including plans and drawings referred to in section 41 (4) of the Act, excerpted in Schedule "A" to this by-law, except where: (a) The proposed facilities, works or matters depicted on the plans and drawings do not comply with any applicable policy or policies of the Official Plan or the provision or provisions of any applicable Zoning By-Law regulations; or (b) The application contemplated under section 4.0 of this by-law, including payment of applicable fees, is incomplete. (2) As a condition to the approval of plans and drawings referred to in section 41 (4) of the Act, Council may require that the owner of the property, or a portion thereof, 6 enter into one or more agreements as provided for in section 4 (1) (c) of this by- law. (3) The Authority contemplated to be exercised pursuant to subsections 41 (7) (b) and (c) of the Act with respect to any of the facilities, works, or matters referred to in section 41 (7) (a) of the Act shall be exercised by Council on the advice of staff of the Corporation. (4) The provisions of the Official Plan and Zoning By-Law shall be applied in each circumstance as it arises with such variations or modifications as the circumstances may require so long as each applicable provision is given effect according to its true intent and purpose. (5) The form or wording of the precedent agreement attached as Schedule "B" hereto shall be used in satisfaction of the requirement of sections 4 (1) (c) and 6 (2) herein, subject to such variations or modifications as circumstances may require and only so long as the substance of any provision thereto is not changed or affected and, furthermore, any variance thereto, not being in the manner or nature of substance, does not affect the regularity of the Agreement or any part or section thereof. 7.0 Lapsing of Approval 7. Any approval by Council of an application as contemplated hereunder, including plans and drawings referred to in section 41 (4) of the Act, lapses, (1) Where a building permit is required for the development: (a) at the expiration of one (1) year from the date of approval if, within that one (1) year period, no building permit is issued for the development; (b) If a building permit is issued for the development but the owner of the property, or a portion thereof, has not commenced construction within one (1) year of the date of issuance of such building permit or, alternatively, if construction of the development has not been completed within two (2) years of the date of issuance of such building permit; or (c) Upon the revocation at any time of any building permit issued for the development. (2) Where no building permit is required for the development, the owner of the property has failed to commence construction within one (1) year of the date of site plan approval or, alternatively and although commenced within one (1) year of the date of site plan approval, construction of the development has not been completed within two (2) years of such date of site plan approval. (3) In all cases, the lapse of an approval granted pursuant to this by-law is effective only upon written notice revoking the approval by Council to the owner of the property or, where an agreement has been executed and registered as against title to the property, including a portion thereof, upon registration of a notice that the approval is revoked and the agreement is terminated. 7 8.0 Failure of Council to Act/Appeal to the Ontario Municipal Board 8. Where Council does not approve the application contemplated by section 4.0 hereunder and/or the plans and drawings referred to in section 41 (4) of the Act within thirty (30) days after submission to the Corporation for approval or, alternatively, where the owner of the property is not satisfied with any one or more of the requirements made by Council pursuant to this by-law and section 41 (7) of the Act, including but not limited to the terms of a site plan control agreement, the owner of the property may, by written notice to the Secretary of the Ontario Municipal Board and the Clerk of the Corporation as well as submission of the filing fee specified in the Rates and Fees By-Law for the Corporation, request that the decision of Council, including as to approval or denial of the subject application and/or details of all plans and drawings as submitted or, furthermore or alternatively, the requirements or provisions of any site plan control agreement that the owner of the property finds unsatisfactory, be referred to the Board and the Board shall hear and determine all matters in issue in respect of such development, application, plan, drawings and agreement in accordance with its jurisdiction, authority and powers, providing at all times that the decision or decisions of the Board shall, at all times, be final. 9.0 Executive Acts Authorized 9. The Mayor and the Clerk of the Corporation are hereby authorized to execute on behalf of and under the seal of the Corporation any document necessary to give further effect to the provisions of this by-law. 10.0 Development Without Approval 10. Every person who, without having first obtained Council approval pursuant to this by-law, including as to all plans and drawings for development of the property or a portion thereof, undertakes any development, or part thereof, on the property, contravenes section 41 of the Act and thereby commits an offence pursuant to section 67 thereof. 11.0 The Failure to Provide or Maintain Facilities, Works, or Other Matters 11. Every person who undertakes any development on property located in the site plan control area as designated by this by-law without providing and/or maintaining any of the facilities, works, or matters mentioned in section 41 (7) (a) of the Act and that are required by Council of the Corporation pursuant to the said section 41 of the Act and the provisions of this by-law contravenes the said section 41 of the Act and thereby commits an offence pursuant to section 67 thereof. 12.0 Failure to Enter Into Agreement 12. Every person who undertakes any development on property located within the site plan control area designated by this by-law without first entering into one or more agreements with the Corporation addressing or otherwise providing for the provision or maintenance of any facilities, works, or other matters and as required by the Corporation as a condition to the approval of development, plans, and drawings in accordance with sections 4 (1) (c) and 6 (2) hereof and section 41 of the Act contravenes the said section 41 of the Act and thereby commits an offence pursuant to section 67 thereof. 8 13.0 Penalty Upon Conviction 13. In addition to any penalty provided for at law for commission of an offence contrary to the Act, every person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and is liable to any penalty as provided for pursuant to the Act. 14.0 Facilities, Works, or Other Matters Undertaken By Municipality 14. In default of an owner of property, in the future, providing or maintaining any one or more of the facilities, works, or other matters that are to be provided in conjunction with all buildings and structures to be erected under approval of Council granted hereunder or that are otherwise referenced in section 41 (7) (a) of the Act and that are required by the Corporation as a condition to the approval of plans or drawings referred to in section 41 (4) of the Act, the Council may by resolution direct that such facilities, works, or matters, or any part thereof, shall be provided or maintained by or on behalf of the Corporation at the sole risk and expense of the owner of the property and the expense incurred in doing so shall be recovered from the owner by any means or process available at law, including but not limited to: (1) by use of any cash or security bonds furnished by the owner of the property to the Corporation pursuant to this by-law; (2) by action in any court of competent jurisdiction in the Province of Ontario; (3) in a like manner as municipal taxes, as authorized by the Municipal Act, 2001, S.O. 2001, c. 25, as amended, and in particular section 446 thereof; (4) in annual instalments payable by the owner of the property, with interest, not to exceed ten (10) years. 15.0 Schedules 15. Schedules "A" and "B" form part of and are incorporated within this by-law. 16.0 Repeal 16. By-law No. 2005-061 for The Corporation of the Municipality of Bayham, entitled Site Plan Control By-Law, is hereby repealed. READ A FIRST AND SECOND TIME THIS 19th DAY OF MAY, 2016. READ A THIRD TIME AND FINALLY PASSED THIS 19th DAY OF MAY, 2016. MAYOR CLERK 9 SCHEDULE "A" Excerpts from Planning Act Sections 41 (1), 41 (4), and 41 (7) Planning Act, R.S.O. 1990, c. P.13 } Ontario.ca Page 1 of 5 Site plan control area 41.(1) In this section, "development"means the construction,erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof,or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164(4)of the Municipal Act, 2001 or subsection 3(1)of the City of Toronto Act, 2006,as the case may be,or of sites for the location of three or more mobile homes as defined in subsection 46(1)of this Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46(1)of this Act. R.S.O. 1990, c.P.13,s.41 (1); 1994,c.4,s. 14;2002,c. 17,Sched. B,s. 14(1);2006,c.32,Sched.C,s.47(8). Exception (1.1)The definition of"development"in subsection(1)does not include the placement of a portable classroom on a school site of a district school board if the school site was in existence on January 1,2007. 2006,c.23,s. 16(1). Establishment of site plan control area t;2)Where in an official plan an area is shown or described as a proposed site plan control area,the council of the local municipality in which the proposed area is situate may, by by-law,designate the whole or any part of such area as a site plan control area. R.S.O. 1990,c. P.13,s.41 (2). Designation of site plan control area (3)A by-law passed under subsection(2)may designate a site plan control area by reference to one or more land use designations contained in a by-law passed under section 34. R.S.O. 1990,c.P.13,s.41 (3). Consultation (3.1)The council, (a)shall permit applicants to consult with the municipality before submitting plans and drawings for approval under subsection(4);and (b) may, by by-law, require applicants to consult with the municipality as described in clause(a). 2006,c.23,s. 16(2). Approval of plans or drawings 44)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),including facilities designed to have regard for accessibility for persons with disabilities. 2.Drawings showing plan,elevation and cross-section views for each building to be erected,except a building to be used for residential purposes containing less than twenty-five dwelling units,which drawings are sufficient to display, (a)the massing and conceptual design of the proposed building; (b)the relationship of the proposed building to adjacent buildings,streets,and exterior areas to which members of the public have access; (c)the provision of interior walkways,stairs,elevators and escalators to which members of the public have access from streets,open spaces and interior walkways in adjacent buildings; (d)matters relating to exterior design,including without limitation the character,scale,appearance and design https://www.ontario.ca/laws/statute/90p13 2/14/2016 Planning Act,R.S.O. 1990, c. P.13 I Ontario.ca Page 2 of 5 features of buildings,and their sustainable design,but only to the extent that it is a matter of exterior design,if an official plan and a by-law passed under subsection(2)that both contain provisions relating to such matters are in effect in the municipality; (e)the sustainable design elements on any adjoining highway under a municipality's jurisdiction,including without limitation trees,shrubs,hedges, plantings or other ground cover, permeable paving materials,street furniture,curb ramps,waste and recycling containers and bicycle parking facilities, if an official plan and a by-law passed under subsection(2)that both contain provisions relating to such matters are in effect in the municipality;and (f)facilities designed to have regard for accessibility for persons with disabilities. R.S.O. 1990,c.P.13,s.41 (4); 2002,c.9,s.56(1);2006,c.23, s. 16(3,4);2009,c.33, Sched.21,s. 10(9). Exclusions from site plan control (4.1)The following matters relating to buildings described in paragraph 2 of subsection(4)are not subject to site plan control: 1.Interior design. 2.The layout of interior areas,excluding interior walkways,stairs,elevators and escalators referred to in subparagraph 2 (c) of subsection(4). 3.The manner of construction and standards for construction. 2006,c.23,s.16(5). Dispute about scope of site plan control (4.2)The owner of land or the municipality may make a motion for directions to have the Municipal Board determine a dispute about whether a matter referred to in paragraph 1 or 2 of subsection(4)is subject to site plan control. 2006,c.23, s. 16(5). Final determination (4.3)The Municipal Board's determination under subsection (4.2)is not subject to appeal or review. 2006,c.23,s. 16(5). Drawings for residential buildings S51 Despite the exception provided in paragraph 2 of subsection(4),the council of the municipality may require the drawings mentioned therein for a building to be used for residential purposes containing less than twenty-five dwelling units if the proposed building is to be located in an area specifically designated in the official plan mentioned in subsection (2)as an area wherein such drawings may be required. R.S.O. 1990,c.P.13,s.41 (5). Proviso Nothing in this section shall be deemed to confer on the council of the municipality power to limit the height or density of buildings to be erected on the land. R.S.O. 1990,c. P.13,s.41 (6). Conditions to approval of plans rn As a condition to the approval of the plans and drawings referred to in subsection (4),a municipality may require the owner of the land to, (a) provide to the satisfaction of and at no expense to the municipality any or all of the following: 1.Subject to the provisions of subsections(8)and(9),widenings of highways that abut on the land. 2.Subject to the Public Transportation and Highway Improvement Act,facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs. 3.Off-street vehicular loading and parking facilities, either covered or uncovered,access driveways,including driveways for emergency vehicles,and the surfacing of such areas and driveways. https://www.ontario.ca/laws/statute/90p13 2/14/2016 Planning Act, R.S.O. 1990, c. P.131 Ontario.ca Page 3 of 5 4.Walkways and walkway ramps,including the surfacing thereof,and all other means of pedestrian access. 4.1 Facilities designed to have regard for accessibility for persons with disabilities. 5.Facilities for the lighting, including floodlighting,of the land or of any buildings or structures thereon. 6.Walls,fences,hedges,trees,shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands. 7.Vaults,central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material. 8.Easements conveyed to the municipality for the construction, maintenance or improvement of watercourses, ditches, land drainage works,sanitary sewage facilities and other public utilities of the municipality or local board thereof on the land. 9.Grading or alteration in elevation or contour of the land and provision for the disposal of storm,surface and waste water from the land and from any buildings or structures thereon; (b)maintain to the satisfaction of the municipality and at the sole risk and expense of the owner any or all of the facilities or works mentioned in paragraphs 2,3,4,5,6,7,8 and 9 of clause(a),including the removal of snow from access ramps and driveways,parking and loading areas and walkways; (c)enter into one or more agreements with the municipality dealing with and ensuring the provision of any or all of the facilities,works or matters mentioned in clause(a)or(d)and the maintenance thereof as mentioned in clause(b)or with the provision and approval of the plans and drawings referred to in subsection (4); (c.1)enter into one or more agreements with the municipality ensuring that development proceeds in accordance with the plans and drawings approved under subsection(4); (d)subject to subsection(9.1),convey part of the land to the municipality to the satisfaction of and at no expense to the municipality fora public transit right of way. R.S.O. 1990, c. P.13,s.41 (7); 1996,c.4,s.24(1,2);2006, c.23, s. 16 (6,7). Where area is in upper-tier municipality (8)If an area designated under subsection(2)is within an upper-tier municipality, plans and drawings in respect of any development proposed to be undertaken in the area shall not be approved until the upper-tier municipality has been advised of the proposed development and afforded a reasonable opportunity to require the owner of the land to, (a) provide to the satisfaction of and at no expense to the upper-tier municipality any or all of the following: (i) subject to subsection (9),widenings of highways that are under the jurisdiction of the upper-tier municipality and that abut on the land, (ii)subject to the Public Transportation and Highway Improvement Act,where the land abuts a highway under the jurisdiction of the upper-tier municipality,facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs, (iii)where the land abuts a highway under the jurisdiction of the upper-tier municipality,offstreet vehicular loading and parking facilities,either covered or uncovered,access driveways,including driveways for emergency vehicles,and the surfacing of such areas and driveways, (iv)where the land abuts a highway under the jurisdiction of the upper-tier municipality,grading or alteration in elevation or contour of the land in relation to the elevation of the highway and provision for the disposal of storm and surface water from the land, (v)where the land abuts a highway under the jurisdiction of the upper-tier municipality,facilities designed to have regard for accessibility for persons with disabilities; (b) enter into one or more agreements with the upper-tier municipality dealing with and ensuring the provision of any or https://www.ontario.ca/laws/statute/90p13 2/14/2016 Planning Act,R.S.O. 1990, c. P.13 I Ontario.ca Page 4 of 5 all of the facilities,works or matters mentioned in clause(a)or(c)and the maintenance thereof at the sole risk and expense of the owner, including the removal of snow from access ramps and driveways and parking and loading areas; (c)subject to subsection(9.1),convey part of the land to the upper-tier municipality to the satisfaction of and at no expense to the municipality fora public transit right of way. 2002,c. 17, Sched.B,s. 14(2);2006,c.23, s. 16(8). Widening must be described in official plan t9)An owner may not be required to provide a highway widening under paragraph 1 of clause(7)(a)or under paragraph 1 of clause(8)(a) unless the highway to be widened is shown on or described in an official plan as a highway to be widened and the extent of the proposed widening is likewise shown or described. R.S.O. 1990,c.P.13,s.41 (9). Limitation (9.1)An owner of land may not be required to convey land under clause(7) (d)or(8)(c)unless the public transit right of way to be provided is shown on or described in an official plan. 1994,c.23,s.24(3); 1996,c.4,s.24(3). Registration of agreements (10)Any agreement entered into under clause(7)(c)or(c.1)or under clause(8)(b)may be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and,subject to the provisions of the Registry Act and the Land Titles Act,any and all subsequent owners of the land. R.S.O. 1990,c. P.13,s.41 (10);2002, c. 17,Sched. B, s. 14(3);2006,c.23,s. 16(9). Application of Municipal Act, 2001 or City of Toronto Act, 2006 (11)Section 446 of the Municipal Act, 2001 or section 386 of the City of Toronto Act, 2006,as the case may be, applies to any requirements made under clauses(7)(a)and (b)and to any requirements made under an agreement entered into under clause(7)(c) or(c.1). R.S.O. 1990,c. P.13,s.41 (11);2002,c. 17, Sched. B,s. 14(4);2006,c.23,s. 16(10);2006,c.32, Sched.C,s.47 (9). Appeal to O.M.B. (12) If the municipality fails to approve the plans or drawings referred to in subsection(4)within 30 days after they are submitted to the municipality or if the owner of the land is not satisfied with any requirement made by the municipality under subsection (7)or by the upper-tier municipality under subsection (8)or with any part thereof,including the terms of any agreement required,the owner may require the plans or drawings or the unsatisfactory requirements,or parts thereof,including the terms of any agreement required,to be referred to the Municipal Board by written notice to the secretary of the Board and to the clerk of the municipality or upper-tier municipality, as appropriate. 2002,c. 17,Sched.B,s. 14(5). Hearing (12.1)The Municipal Board shall hear and determine the matter in issue and determine the details of the plans or drawings and determine the requirements,including the provisions of any agreement required,and the decision of the Board is final. 2002,c. 17,Sched.B,s. 14(5). Classes of development, delegation (13)Where the council of a municipality has designated a site plan control area under this section,the council may,by by- law, (a)define any class or classes of development that may be undertaken without the approval of plans and drawings otherwise required under subsection(4)or(5);and https://www.ontario.ca/laws/statute/90p13 2/14/2016 Planning Act,R.S.O. 1990, c. P.131 Ontario.ca Page 5 of 5 (b)delegate to either a committee of the council or to an appointed officer of the municipality identified in the by-law either by name or position occupied,any of the council's powers or authority under this section,except the authority to define any class or classes of development as mentioned in clause(a). R.S.O. 1990,c. P.13, s.41 (13). Proviso (14)Section 35a of The Planning Act, being chapter 349 of the Revised Statutes of Ontario, 1970,as it existed on the 21st day of June, 1979,shall be deemed to continue in force in respect of any by-law passed under that section on or before that day. R.S.O. 1990,c. P.13,s.41 (14). Certain agreements declared valid and binding (15) Every agreement entered into by a municipality after the 16th day of December, 1973 and before the 22nd day of June, 1979,to the extent that the agreement deals with facilities and matters mentioned in subsection 35a(2)of The Planning Act, being chapter 349 of the Revised Statutes of Ontario, 1970,as it existed on the 21st day of June, 1979, is hereby declared to be valid and binding. R.S.O. 1990,c. P.13,s.41 (15). City of Toronto (16)This section does not apply to the City of Toronto,except for subsection(1.1), paragraph 1 of subsection (4), subparagraph 2 (f)of subsection(4)and paragraph 4.1 of clause(7)(a),which provisions apply with necessary modifications. 2006,c.23,s. 16(11). Note:On a day to be named by proclamation of the Lieutenant Governor,section 42 of the Act is amended by adding the following subsection: (See: 2015,c.26,s.28(1)) https://www.ontario.ca/laws/statute/90p13 2/14/2016 10 SCHEDULE "B" Site Plan Control Agreement SITE PLAN CONTROL AGREEMENT AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Lot/ Part Lot , Concession , Bayham This Agreement made in duplicate this day of , 20_. BETWEEN: (hereinafter the "Owner") Of the First Part AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter the "Municipality") Of the Second Part WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of Bayham in the County of Elgin and Province of Ontario, being part of Lot Concession therein, and more particularly identified and depicted in Attachment "A" attached hereto (and hereinafter referred to as the "Lands" ); AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan attached and marked as Attachment "A" hereto (and hereinafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of approval of proposed development of the Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By- Law No. 2016-047, being the Site Plan Control By-Law enacted by the Council for the Municipality; NOW THEREFORE, in consideration of good and valuable consideration exchanged herein and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each party to the other, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner and Municipality hereby covenant and agree as follows: 1. The Owner agrees that no building permit will be available for the development of the Lands until the Plan has been approved by the Municipality and further agrees that work in relation to such development will not commence prior to the issuance of a building permit. 2. The Attachments hereto and as described below, attached and verified by the signatures of the Parties hereto, are incorporated in and form part of this Agreement: Attachment "A" — Lands/Site Plan, Attachment "B" — Site Servicing Plan, and Attachment "C" — Certificate of Compliance. 3. The Parties agree and acknowledge that Attachment "A" (Lands/Site Plan) hereto identifies the Lands which are subject to this Agreement and, furthermore, depicts and details the Plan for development of the Lands, including but not limited to; (a) The location and height of all buildings and structures to be erected; (b) The location of vehicular entrances and exits; (c) The location and provision of off-Street vehicular loading and parking facilities, including driveways for emergency vehicles; (d) Walkways and all other means of pedestrian access; (e) The location and provision of fences, trees and all ground cover or facilities for landscaping the Lands and protecting the adjoining lands and, furthermore, depicts the lighting, including flood lighting, of the Lands and any building or structure to be erected thereon; (f) The location and provision for the collection and storage of garbage and other waste materials. 4. The Owner agrees and covenants that the Lands will be developed, including but not limited to any building or structure that is to be erected thereon, in strict accordance with the Plan depicted on Attachment "A" hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Attachment "B" ("Site Servicing Plan") hereto depicts and details proposed site servicing facilities for development of the Lands, including but not limited to; (a) Lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); (b) Location of utilities within the road allowance and site connections to these utilities; (c) Building finished floor elevations; (d) Other information as required by the Municipality. 6. The Owner agrees and covenants that the site development and servicing upon the Lands will be in strict accordance with the Plans depicted on Attachment"B" hereto, subject only to such changes receiving prior approval from the Municipality. 7. The Owner further agrees that: (a) Final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer prior to consideration of any request for final release of any security held by the Municipality relative to the proposed development of the Lands. (b) All necessary provisions for service connections on-site will be made to the satisfaction of the Municipality. (c) Construction work will be carried out expeditiously, in good and work-man-like manner, in accordance with good trade practices, and, at all times, so as to minimize nuisance. (d) All necessary precautions to avoid dust, noise and other nuisances and to provide for public safety will, so far as possible, be undertaken so as to achieve compliance with all federal, provincial, or other municipal regulations or standards. (e) All necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street and, where such tracking occurs, the street shall be cleaned at the end of each working day. (f) Garbage disposal facilities will be of an enclosed type located and depicted on the Site Plan as attached as Attachment "A" hereto, at all times designed in a manner satisfactory to the Municipality. (g) Unless otherwise provided, all parking lots and walkways will be finished with hot- mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the limits of the Lands. (h) No topsoil shall be stockpiled on any other portion of the Lands except those lands identified for that purpose in Attachment "A" to this Agreement; provided that all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds and other noxious plants; and the Municipality may at all times enter the Lands for purposes of inspection of such stockpiling of topsoil and, if necessary, for purposes of maintenance of weeds, the cost of which shall be borne by the Owner and collected either in like manner as municipal taxes or from any security held by the Municipality to ensure performance of all obligations by the Owner in respect of the development of the Lands. (i) Stockpiling of snow will not be allowed on the Lands where it will constitute a hazard as determined by the Municipality. (j) The electrical servicing of the Lands shall be subject to the approval of Hydro One, or any successor utility thereto. (k) During the period of development of the Lands as contemplated by this Agreement, if the Owner fails to take any act required for public safety or convenience, as determined by the Municipality, and upon seven (7) days written notice, the Municipality, in addition to any other remedy at law, may enter upon the Lands and undertake any and all works to correct such failure and thereby reinstate such element of public safety or convenience, the cost of which municipal work shall be borne by the Owner and collected in like manner either as municipal taxes or from any security held by the Municipality to ensure performance of all obligations of the Owner hereunder. (I) The Municipality is at liberty to consider any breach of this Agreement as a violation of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, thereby constituting an offence pursuant to section 67 of the said Act and, further, entitling the Municipality to seek any manner of remedy or relief as based thereon, including but not limited to the issuance of a stop work order and/or injunction to restrain continuation of such breach. (m)Nothing in this Agreement constitutes a waiver of the duty of the Owner to comply with any other by-law of the Municipality or any other law, whether federal or provincial in nature. 8. The Owner shall be responsible for consulting with Hydro One, or any successor utility thereto, regarding any matters which relate to utility services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from any and all regulatory body having an interest in or jurisdiction over the development of the Lands, including but not limited to the Long Point Region Conservation Authority and the Ministry of the Environment. 10.The Owner shall satisfy all requirements in relation to fire protection for the building or buildings or structure or structures to be erected upon the Lands to the satisfaction of the Fire Chief for the Municipality of Bayham. 11.The Owner agrees to pay for damages to public property, including but not limited to any municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may occur during the development of the Lands as contemplated by this Agreement. In the event that the Owner shall fail to repair any such damage within thirty (30) days of occurrence, the Municipality may enter upon the Lands and effect such repair at the sole risk and expense of the Owner. 12.The Owner agrees that any and all lighting required for the development of the Lands in accordance with this Agreement shall be installed and maintained so as not to interfere with the use or enjoyment of adjacent properties or with the safe flow of traffic on abutting or adjacent streets, the determination of which interference shall be in the sole discretion and opinion of the Municipality. 13.The Owner shall landscape and maintain plants and groundcover upon the Lands and in strict accordance with the Plans and at all times to a standard acceptable to the Municipality. 14. If the Ontario Building Code requires that an Architect or Professional Engineer, or both, shall be responsible for the field review of any new building or structure or extension thereof as contemplated by this Agreement, then the Owner shall not occupy or use or permit occupation or use of, any such building or structure or extension thereof until after an Architect or Professional Engineer has delivered approval thereof to the Municipality by a letter addressed to the Municipality and signed by the said Architect or Professional Engineer and certifying that all construction and/or services on or in the Lands, including any such building or structure or extension thereof thereon as required for the development or redevelopment of the Lands have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15.The Municipality, through its servants, officers, and agents, including its Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter upon the Lands and/or any building or structure being erected thereon to inspect; (a) the progress of the development upon the Lands; (b) the state of maintenance as required by this Agreement; (c) compliance with any and all laws, whether Federal, Provincial, or Municipal, including any and all by-laws for the Municipality and more particularly including By-Law No. 2016-047 as Site Plan Control By-Law; and, (d) compliance with this Agreement. 16. In the event of any servant, officer, or agent of the Municipality determining, upon inspection of the Lands and any building or structure erected thereon, that the development is not proceeding in strict accordance with the Plan, and specifications filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such notice to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency in relation to which that notice relates or, alternatively, appeal to the Council of the Municipality of Bayham as hereinafter provided. 17. In the event of any servant, officer, or agent of the Municipality, having inspected the Lands or any building or structure being erected thereon in accordance with this Agreement, be of the opinion that the state of maintenance of such Lands, building, or structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice detailing the particulars of such opinion and the basis therefor, by registered mail, to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively, appeal such opinion and the need for correction to the Council of the Municipality of Bayham as hereinafter provided. 18. In the event that the Owner should disagree with the opinion of the servant, officer, or agent of the Municipality as to the state of compliance and/or maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which Council, after hearing the details of the alleged deficiency and hearing the response of the Owner, shall express its opinion as to whether the maintenance of the lands, building, or structure is satisfactory and which decision shall constitute a final determination of the issue. 19. In the event that the Owner shall fail to obey a stop work order issued pursuant to section 16 above, the Owner acknowledges and recognizes the right of the Municipality to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate relief, including but not limited to an injunction restraining continuation of work upon the Lands. 20. In the event that an Owner shall fail to correct a deficiency after notice is given pursuant to sections 16 or 17 above and which notice the Council of the Municipality of Bayham subsequently determines is correct in accordance with section 19 above, the Council of the Municipality of Bayham may by by-law direct, on default of the matter or thing being done by the Owner and after two (2) weeks written notice to the Owner as delivered by registered mail to the last known address of the Owner, that such matter or thing be done by or on behalf of the Municipality, at the expense of the Owner, which expense may be recoverable by action, as municipal taxes, or as drawn from and paid by any security deposit with the Municipality as security for full performance of all obligations by the Owner in respect of the development contemplated by this Agreement. 21. The Owner further acknowledges that any contravention of any provision of this Agreement will constitute a contravention of By-Law No. 2016-047 for the Municipality of Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy or relief, is subject to prosecution and penalty as provided for in section 67 of such Act. 22. Unless otherwise authorized, in the event that the Owner wishes to revise the development as described in and depicted in Attachments "A" and/or "B" attached, he, she, or it shall make application to the Council of the Municipality of Bayham for reconsideration and approval and, furthermore, the Owner agrees that construction shall not proceed so as to implement any such revision until approval is given by such Council or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended. 23.The Owner agrees to pay to the Municipality all administration costs incurred in connection with the preparation and/or implementation of this Agreement, including all legal, engineering, and inspection costs. 24. Upon execution of this Agreement and as contribution to capital charges, the Owner shall pay to the Municipality, in cash or by certified cheque, the amount of Dollars and Cents ($ ). 25. Upon execution of this agreement and as contribution to Site Plan Review expenses, the Owner shall pay to the Municipality, in cash or certified cheque, the amount of Dollars and Cents ($ ). 26. Before commencing any of the work contemplated herein, the Owner shall supply the Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing coverage to a minimum amount of $ per occurrence, and in a form satisfactory to the Municipality, thereby indemnifying the Municipality from any loss arising from claims for damages, injury, or otherwise, in connection with the work to be undertaken upon the Lands and for which approval contemplated by this Agreement is granted. The said policy of insurance shall be provided at the time of execution of this Agreement and shall remain in force until the development contemplated herein is complete and all required documentation in evidence thereof has been filed with the Municipality. 27.The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before , 20_. The Parties agree that it is a responsibility of the Owner to arrange for completion of the development contemplated by this Agreement on or before such date and, furthermore, to apply for any extension of and from such date by no later than sixty (60) days prior to such intended completion date. 28. As security for the performance and completion of all works required by this Agreement, the Owner shall provide the Municipality with a Letter of Credit, in the amount of Dollars and Cents ($ ). The said Letter of Credit will be based on the estimated cost of alterations to public property, roadways, curbs and gutters and drains, and any repairs for damages to public property, roadways, curbs and gutters and drains, plus all site-specific components as identified by the Site Plan and Site Servicing Plan, attached as Attachments "A" and "B", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit will be issued by a Chartered Bank or other institution acceptable to the Municipality and provide specific reference to this Agreement and provide for the value thereof to be payable to the Municipality at any time or, in part, from time to time, upon written notice from the Municipality. The Letter of Credit shall be provided by the Owner to the Municipality at the time of execution of this Agreement and shall remain in force, until twelve (12) months after completion of the development contemplated by this Agreement, including but not limited to production of all documentation required for evidence of such due and proper completion of the Development. 29.This Agreement and the provisions thereof do not grant to the Owner, or any person acquiring any interest in the said Lands, any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of his, her, or its obligations under this Agreement or any negligence on the part of the Owner in relation to the Performance of any obligations required by this Agreement. 30. In the event that construction on the Lands has not commenced within the one (1) year from the date of registration of this Agreement against title to the Lands, the Municipality may, at its option and on one (1) month written notice to the Owner, declare this agreement to be terminated, subject to renegotiation at the option of the Municipality. In the event that the Agreement is terminated as set forth above, the Owner agrees that construction on the Lands as contemplated by this Agreement will not be commenced or continued until such time as the terms of this Agreement, at the option of the Municipality, have been renegotiated. 31. Following completion of the development of the Lands in accordance with the Plans contemplated by this Agreement and attached as Attachments "A" and "B" hereto, the Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in the form and of the content set forth in Attachment "C" hereto, by which Certificate the Owner shall confirm that all elements of this Site Plan Agreement have been completed in accordance with the terms hereof and the provisions of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality. 32.The Owner agrees that he, she, or it will not call into question, directly or indirectly and in any proceeding whatsoever in law or in equity or before any administrative tribunal or court, the right of the Municipality to enter into this Agreement or to enforce each and every term, covenant, and condition herein contained and, furthermore, acknowledges that this provision may be pled as an estoppel as against the Owner in any such case. 33. The Owner agrees on behalf of himself, herself, or itself, including their respective heirs, executors, ministries, and assigns, to save harmless and indemnify the Municipality from all losses, damages, costs, charges, and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly from any action taken by the Owner in accordance with this Agreement. 34.All facilities, works, and other matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense but at all times to the satisfaction of the Municipality in accordance with all standards applied by the Municipality and, in default thereof and without limiting any right or claim to remedy or relief as available to the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, shall apply. 35. This Agreement shall be registered, at the expense of the Owner, against title to the Lands and the Municipality shall be entitled, subject to the provisions of any statute of the Province of Ontario, including but not limited to the Registry Act and/or Land Titles Act, to enforce its provisions against the Owner as named herein, including any successor in title thereto. 36. This Agreement enures to the benefit of and is binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and seals or under cover of duly authorized officials at Bayham, Ontario this day , 20_ Signed, Sealed, and Delivered ) In the presence of ) ) ) ) per: ) Name: Position: I have authority to bind the Company CORPORATION OF THE ) MUNICIPALITY OF BAYHAM per: Name: ) Position: per: Name: ) Position: We have authority to bind the Corporation Date: , 20_ and THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Site Plan Control Agreement Stephen H. Gibson 450 Sunset Drive St. Thomas, ON N5R 5V1 County Solicitor ATTACHMENT "A" Lands / Site Plan ATTACHMENT "B" Site Servicing Plans ATTACHMENT "C" CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: Owner: This document serves to certify that the Development project on the afore-noted Lands has been completed in accordance with the terms and conditions of the Site Plan Agreement between the undersigned, as Owner, and the Corporation of the Municipality of Bayham as dated , 20_, and as authorized by By-Law No. 20 - for the said Municipality of Bayham. The undersigned makes this certification declaring it to be true and correct and as if made under oath. Dated at , Ontario this day of , 20_. Witness Signature Name of Owner (Print) Address of Owner (Mailing) Telephone Number THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016 —XXX SITE PLAN CONTROL BY-LAW Being a bylaw designating the area within the territorial limits of the Municipality of Bayham as subject to site plan control pursuant to the provisions of the Planning Act and otherwise establishing regulations and procedures for obtaining approval for development within the said Municipality of Bayham as an area subject to site plan control. WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS, in the Official Plan for the Municipality of Bayham, the whole of the Municipality of Bayham is described as a site plan control area; AND WHEREAS Section 41 of the Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval; AND WHEREAS Section 41 of the Planning Act, as cited above, also provides that the Council of the Municipality of Bayham may define any class or classes of development that may be undertaken without approval; AND WHEREAS the Council of the Municipality of Bayham has decided to repeal By- Law No. 2005-61, as the previous Site Plan Control By-Law, and replace that by-law with the within by-law; THEREFORE the Council of the Municipality of Bayham, pursuant to section 41 of the Planning Act, as cited above, enacts as follows: 1.0 Interpretation 1. The following rules apply to interpretation of this by-law: (1) Unless otherwise defined, the words, terms, and phrases used in this by-law have their normal and ordinary meaning. (2) For purposes of interpretation only, the Legislation Act, 2006, S.O. 2006, c. 21, Sched. F, as amended, applies to this by-law. (3) Despite the tense used in a provision: (a) Every provision of this by-law is to be applied to the circumstances as they exist at the relevant time in question; and (b) Every obligation imposed by this by-law is a continuing one so long as either the use, the circumstances, the reason for the obligation, or the events which caused, precipitated, or gave rise to the obligation continue. (4) This by-law may be cited by its long title, its short title, or by its by-law name and any citation is to be taken as meaning the by-law as amended. 2.0 Definitions 2. (1) In this by-law, unless a contrary intention is expressed: (a) "Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended. (b) "Board" means the Ontario Municipal Board. (c) "Corporation" means the Corporation of the Municipality of Bayham. (d) "Council" means the Municipal Council of the Corporation. (e) "Development" means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164 (4) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of the Planning Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46 (1) of the said Planning Act but provided that the said definition of "development" does not include the placement of a portable classroom on the school site of a local school board if the school site was in existence on January 1, 2007. (f) "Official Plan" means the Official Plan of the Municipality of Bayham, as amended from time to time. (g) "Property", including any portion thereof, means the land upon which development is proposed and to which the provisions of this by-law apply. (2) For the purposes of the definition of "Development" as set forth in section 2 (1) (e) above: (a) an addition or alteration to a building or structure which substantially increases the size thereof shall mean: (i) save and except for buildings or structures within an industrial zone as designated by the provisions of the Bayham Zoning By-Law Z456- 2003, as amended, or any successor by-law thereto, an increase of more than 20% of existing gross floor area; and (ii) for buildings or structures within an industrial zone as designated by the provisions of the Bayham Zoning By-Law Z456-2003, as amended, or any successor by-law thereto, an increase of more than 30% of existing gross floor area. (b) an addition or alteration to a building or structure which increases the usability thereof shall mean any addition or alteration to a building or structure which results in a change in the use of that building, structure or property, and includes an addition or alteration which would: (i) result in a change in the volume, intensity, or nature of noise, lighting, odor, and/or vibration generated on the property; (ii) alter the ingress to or egress from the property or a portion thereof; (iii) alter the traffic flow on or around the subject property, or a portion thereof, including but not limited to construction and installation of a "drive-thru" laneway; (iv) alter parking requirements and/or facilities for the property or a portion thereof; (v) alter hours of operation for the use or uses of such property or portion thereof; (vi) alter lot grading and/or drainage patterns, including but not limited to drainage and disposition facilities and installations, for the property or a portion thereof and which interpretation specifically applies to the alteration of the surface treatment and permeability of an existing parking lot or parking area. 3.0 Area/Development Subject to Site Plan Control 3. (1) Site Plan Control Area The whole of the Municipality of Bayham, as constituted from time to time, is hereby designated as a site plan control area. (2) Exempt Classes of Development The following classes of development may be undertaken without the approval of plans and drawings otherwise required under subsections 41 (4) or 41 (5) of the Act, and this by-law does not apply to such classes: (a) Farm buildings and structures; (b) Agricultural and farm-related buildings, structures, building additions, or building alterations that are utilized in farming operations, but not including commercial wind farm operations, grain drying operations, agricultural- commercial or industrial operations such as farm equipment sales and service, farm supply sales and agricultural storage, service or supply establishments. (3) Application to Residential Dwellings Any residential dwelling other than single-detached, semi-detached, and duplex dwellings shall be subject to site plan control. The application of site plan control measures for such uses is limited to such matters as controlling the location of access, parking, grading and drainage. 4.0 Application For Approval of Development 4. (1) Every application for a permit to construct a building or structure or an addition or alteration to a building or structure shall be accompanied by the following plans, specifications, documents, information, and items: (a) The plans referred to in section 41 (4) (a) of the Act, as excerpted on Schedule "A" to this by-law, 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 with the building or structure and all the facilities, works, and matters otherwise referred to in section 41 (7) (a) of the Act; (b) The drawings referred to in section 41 (4) (2) of the Act, as excerpted on Schedule "A" to this by-law; provided at all times that the following matters need not be addressed in such drawings as they are not subject to site plan control: (i) Interior design. (ii) Layout of interior areas, excluding interior walkways, stairs, elevators and escalators as referred to in section 41 (4) (2) (c) of the Act. (iii) The manner of construction and standards for construction. (c) One or more agreements with the Corporation in the form attached as Schedule "B" to this by-law dealing with the provisions and maintenance of the development to be provided in conjunction with the building or structure and the facilities, works, and other matters mentioned in section 41 (7) of the Act, as excerpted on Schedule "A" to this by-law, and in accordance with the plans and drawings approved pursuant to the Act and this by-law. (d) Where required under an agreement referred to in section 4 (1) (c) above, security, in the form of cash, certified cheque, or letter of credit, to protect the Corporation in respect of its liability for holdback and costs pursuant to section 17 (4) of the Construction Lien Act, R.S.O. 1990, c. C. 30, as amended, and to assure satisfactory provision and maintenance of the facilities and works to be provided in conjunction with the building or structure and the facilities, works, and other matters mentioned in section 41 (7) of the Act and in accordance with the plans and drawings approved pursuant to the Act and this by-law. The amount of security will be established by the Corporation and will be based primarily upon the estimated cost of alterations to public property, roadways, curbs, gutters and drains, and any repairs for damages to public property, roadways, curbs, gutters and drains, plus all site-specific components as identified on Site and Site Servicing Plans, as submitted and approved with a minimum deposit of $1000.00. (e) By cash or bank draft payable to the Corporation, payment of the requisite fee as specified in the Rates and Fees By-Law for the Corporation. 5.0 Conditions to Approval of Development/Plans 5. As a condition to the approval of the development, including plans and drawings referred to in section 41 (4) of the Act and as otherwise anticipated in section 4. 0 above, the owner of the property, or portion thereof, shall be required to: (1) In accordance with this by-law and at no expense to the Corporation, provide the facilities, works, or other matters referred to in section 41 (7) (a) of the Act, excerpted in Schedule "A" to this by-law, and otherwise approved by Council pursuant to this by-law; and (2) In accordance with this by-law and at the sole risk and expense of the owner of the property, or portion thereof, maintain the facilities, works, and other matters as identified in items 2 to 9 (inclusive) of section 41 (7) (a) of the Act, as excerpted in Schedule "A" to this by-law, and as otherwise approved by Council pursuant to this by-law, at all times including the removal of snow from access ramps and driveways, parking and loading areas, and walkways. (3) In accordance with this by-law, at the sole risk and expense of the owner, and in circumstances to which section 41 (8) of the Act apply, provide evidence of proper notification, review and approval of plans by the upper tier municipality, satisfaction of the requirements of the upper tier municipality in respect of items listed in section 41 (8)(a) of the Act, a photocopy of any agreement or agreements required by the upper tier municipality in respect of items listed in section 41 (8)(b) of the Act, and acceptable evidence of conveyance of land in respect of the item set forth in section 41 (8)(c) of the Act. 6.0 Exercise of Authority to Approve 6. The exercise of the Authority to approve as contemplated by this by-law is subject to the following: (1) Council shall approve the application contemplated by section 4.0 hereof, including plans and drawings referred to in section 41 (4) of the Act, excerpted in Schedule "A" to this by-law, except where: (a) The proposed facilities, works or matters depicted on the plans and drawings do not comply with any applicable policy or policies of the Official Plan or the provision or provisions of any applicable Zoning By-Law regulations; or (b) The application contemplated under section 4.0 of this by-law, including payment of applicable fees, is incomplete. (2) As a condition to the approval of plans and drawings referred to in section 41 (4) of the Act, Council may require that the owner of the property, or a portion thereof, enter into one or more agreements as provided for in section 4 (1) (c) of this by-law. (3) The Authority contemplated to be exercised pursuant to subsections 41 (7) (b) and (c) of the Act with respect to any of the facilities, works, or matters referred to in section 41 (7) (a) of the Act shall be exercised by Council on the advice of staff of the Corporation. (4) The provisions of the Official Plan and Zoning By-Law shall be applied in each circumstance as it arises with such variations or modifications as the circumstances may require so long as each applicable provision is given effect according to its true intent and purpose. (5) The form or wording of the precedent agreement attached as Schedule "B" hereto shall be used in satisfaction of the requirement of sections 4 (1) (c) and 6 (2) herein, subject to such variations or modifications as circumstances may require and only so long as the substance of any provision thereto is not changed or affected and, furthermore, any variance thereto, not being in the manner or nature of substance, does not affect the regularity of the Agreement or any part or section thereof. 7.0 Lapsing of Approval 7. Any approval by Council of an application as contemplated hereunder, including plans and drawings referred to in section 41 (4) of the Act, lapses, (1) Where a building permit is required for the development: (a) at the expiration of one (1) year from the date of approval if, within that one (1) year period, no building permit is issued for the development; (b) If a building permit is issued for the development but the owner of the property, or a portion thereof, has not commenced construction within one (1) year of the date of issuance of such building permit or, alternatively, if construction of the development has not been completed within two (2) years of the date of issuance of such building permit; or (c) Upon the revocation at any time of any building permit issued for the development. (2) Where no building permit is required for the development, the owner of the property has failed to commence construction within one (1) year of the date of site plan approval or, alternatively and although commenced within one (1) year of the date of site plan approval, construction of the development has not been completed within two (2) years of such date of site plan approval. (3) In all cases, the lapse of an approval granted pursuant to this by-law is effective only upon written notice revoking the approval by Council to the owner of the property or, where an agreement has been executed and registered as against title to the property, including a portion thereof, upon registration of a notice that the approval is revoked and the agreement is terminated. 8.0 Failure of Council to Act/ Appeal to the Ontario Municipal Board 8. Where Council does not approve the application contemplated by section 4.0 hereunder and/or the plans and drawings referred to in section 41 (4) of the Act within thirty (30) days after submission to the Corporation for approval or, alternatively, where the owner of the property is not satisfied with any one or more of the requirements made by Council pursuant to this by-law and section 41 (7) of the Act, including but not limited to the terms of a site plan control agreement, the owner of the property may, by written notice to the Secretary of the Ontario Municipal Board and the Clerk of the Corporation as well as submission of the filing fee specified in the Rates and Fees By-Law for the Corporation, request that the decision of Council, including as to approval or denial of the subject application and/or details of all plans and drawings as submitted or, furthermore or alternatively, the requirements or provisions of any site plan control agreement that the owner of the property finds unsatisfactory, be referred to the Board and the Board shall hear and determine all matters in issue in respect of such development, application, plan, drawings and agreement in accordance with its jurisdiction, authority and powers, providing at all times that the decision or decisions of the Board shall, at all times, be final. 9.0 Executive Acts Authorized 9. The Mayor and the Clerk of the Corporation are hereby authorized to execute on behalf of and under the seal of the Corporation any document necessary to give further effect to the provisions of this by-law. 10.0 Development Without Approval 10. Every person who, without having first obtained Council approval pursuant to this by-law, including as to all plans and drawings for development of the property or a portion thereof, undertakes any development, or part thereof, on the property, contravenes section 41 of the Act and thereby commits an offence pursuant to section 67 thereof. 11.0 The Failure to Provide or Maintain Facilities, Works, or Other Matters 11. Every person who undertakes any development on property located in the site plan control area as designated by this by-law without providing and/or maintaining any of the facilities, works, or matters mentioned in section 41 (7) (a) of the Act and that are required by Council of the Corporation pursuant to the said section 41 of the Act and the provisions of this by-law contravenes the said section 41 of the Act and thereby commits an offence pursuant to section 67 thereof. 12.0 Failure to Enter Into Agreement 12. Every person who undertakes any development on property located within the site plan control area designated by this by-law without first entering into one or more agreements with the Corporation addressing or otherwise providing for the provision or maintenance of any facilities, works, or other matters and as required by the Corporation as a condition to the approval of development, plans, and drawings in accordance with sections 4 (1) (c) and 6 (2) hereof and section 41 of the Act contravenes the said section 41 of the Act and thereby commits an offence pursuant to section 67 thereof. 13.0 Penalty Upon Conviction 13. In addition to any penalty provided for at law for commission of an offence contrary to the Act, every person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and is liable to any penalty as provided for pursuant to the Act. 14.0 Facilities, Works, or Other Matters Undertaken By Municipality 14. In default of an owner of property, in the future, providing or maintaining any one or more of the facilities, works, or other matters that are to be provided in conjunction with all buildings and structures to be erected under approval of Council granted hereunder or that are otherwise referenced in section 41 (7) (a) of the Act and that are required by the Corporation as a condition to the approval of plans or drawings referred to in section 41 (4) of the Act, the Council may by resolution direct that such facilities, works, or matters, or any part thereof, shall be provided or maintained by or on behalf of the Corporation at the sole risk and expense of the owner of the property and the expense incurred in doing so shall be recovered from the owner by any means or process available at law, including but not limited to: (1) by use of any cash or security bonds furnished by the owner of the property to the Corporation pursuant to this by-law; (2) by action in any court of competent jurisdiction in the Province of Ontario; (3) in a like manner as municipal taxes, as authorized by the Municipal Act, 2001, S.O. 2001, c. 25, as amended, and in particular section 446 thereof; (4) in annual instalments payable by the owner of the property, with interest, not to exceed ten (10) years. 15.0 Schedules 15. Schedules "A" and "B" form part of and are incorporated within this by-law. 16.0 Repeal 16. By-law No. 2005-061 for The Corporation of the Municipality of Bayham, entitled Site Plan Control By-Law, is hereby repealed. READ A FIRST AND SECOND TIME THIS DAY OF , 2016. Mayor Clerk READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2016. Mayor Clerk SITE PLAN AGREEMENT AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Lot/ Part Lot , Concession , Bayham This Agreement made this day of , 20_ BETWEEN: (hereinafter the "Owner") Of the First Part AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter the "Municipality") Of the Second Part WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of Bayham in the County of Elgin and Province of Ontario, being part of Lot Concession therein, and more particularly identified and depicted in Schedule "A" attached hereto (and hereinafter referred to as the "Lands" ); AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan attached and marked as Schedule "A" hereto (and hereinafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of approval of proposed development of the Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By-Law No. 2016-XXX, being the Site Plan Control By-Law enacted by the Council for the Municipality; NOW THEREFORE, in consideration of good and valuable consideration exchanged herein and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each party to the other, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner and Municipality hereby covenant and agree as follows: 1. The Owner agrees that no building permit will be available for the development of the Lands until the Plan has been approved by the Municipality and further agrees that work in relation to such development will not commence prior to the issuance of a building permit. 2. The Schedules hereto and as described below, attached and verified by the signatures of the Parties hereto, are incorporated in and form part of this Agreement: Schedule "A" — Lands/Site Plan, Schedule "B" — Site Servicing Plan, and Schedule "C" — Certificate of Compliance. 3. The Parties agree and acknowledge that Schedule "A" (Lands/Site Plan) hereto identifies the Lands which are subject to this Agreement and, furthermore, depicts and details the Plan for development of the Lands, including but not limited to; (a) The location and height of all buildings and structures to be erected; (b) The location of vehicular entrances and exits; (c) The location and provision of off-Street vehicular loading and parking facilities, including driveways for emergency vehicles; (d) Walkways and all other means of pedestrian access; (e) The location and provision of fences, trees and all ground cover or facilities for landscaping the Lands and protecting the adjoining lands and, furthermore, depicts the lighting, including flood lighting, of the Lands and any building or structure to be erected thereon; (f) The location and provision for the collection and storage of garbage and other waste materials. 4. The Owner agrees and covenants that the Lands will be developed, including but not limited to any building or structure that is to be erected thereon, in strict accordance with the Plan depicted on Schedule "A" hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Schedule "B" ("Site Servicing Plan") hereto depicts and details proposed site servicing facilities for development of the Lands, including but not limited to; (a) Lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); (b) Location of utilities within the road allowance and site connections to these utilities; (c) Building finished floor elevations; (d) Other information as required by the Municipality. 6. The Owner agrees and covenants that the site development and servicing upon the Lands will be in strict accordance with the Plans depicted on Schedule "B" hereto, subject only to such changes receiving prior approval from the Municipality. 7. The Owner further agrees that: (a) Final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer prior to consideration of any request for final release of any security held by the Municipality relative to the proposed development of the Lands. (b) All necessary provisions for service connections on-site will be made to the satisfaction of the Municipality. (c) Construction work will be carried out expeditiously, in good and work-man- like manner, in accordance with good trade practices, and, at all times, so as to minimize nuisance. (d) All necessary precautions to avoid dust, noise and other nuisances and to provide for public safety will, so far as possible, be undertaken so as to achieve compliance with all federal, provincial, or other municipal regulations or standards. (e) All necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street and, where such tracking occurs, the street shall be cleaned at the end of each working day. (f) Garbage disposal facilities will be of an enclosed type located and depicted on the Site Plan as attached as Schedule "A" hereto, at all times designed in a manner satisfactory to the Municipality. (g) Unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the limits of the Lands. (h) No topsoil shall be stockpiled on any other portion of the Lands except those lands identified for that purpose in Schedule "A"to this Agreement; provided that all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds and other noxious plants; and the Municipality may at all times enter the Lands for purposes of inspection of such stockpiling of topsoil and, if necessary, for purposes of maintenance of weeds, the cost of which shall be borne by the Owner and collected either in like manner as municipal taxes or from any security held by the Municipality to ensure performance of all obligations by the Owner in respect of the development of the Lands. (i) Stockpiling of snow will not be allowed on the Lands where it will constitute a hazard as determined by the Municipality. (j) The electrical servicing of the Lands shall be subject to the approval of Hydro One, or any successor utility thereto. (k) During the period of development of the Lands as contemplated by this Agreement, if the Owner fails to take any act required for public safety or convenience, as determined by the Municipality, and upon seven (7) days written notice, the Municipality, in addition to any other remedy at law, may enter upon the Lands and undertake any and all works to correct such failure and thereby reinstate such element of public safety or convenience, the cost of which municipal work shall be borne by the Owner and collected in like manner either as municipal taxes or from any security held by the Municipality to ensure performance of all obligations of the Owner hereunder. (I) The Municipality is at liberty to consider any breach of this Agreement as a violation of By-Law No. 2016-XXX, being the Site Plan Control By-Law for the Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, thereby constituting an offence pursuant to section 67 of the said Act and, further, entitling the Municipality to seek any manner of remedy or relief as based thereon, including but not limited to the issuance of a stop work order and/or injunction to restrain continuation of such breach. (m)Nothing in this Agreement constitutes a waiver of the duty of the Owner to comply with any other by-law of the Municipality or any other law, whether federal or provincial in nature. 8. The Owner shall be responsible for consulting with Hydro One, or any successor utility thereto, regarding any matters which relate to utility services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from any and all regulatory body having an interest in or jurisdiction over the development of the Lands, including but not limited to the Long Point Region Conservation Authority and the Ministry of the Environment. 10.The Owner shall satisfy all requirements in relation to fire protection for the building or buildings or structure or structures to be erected upon the Lands to the satisfaction of the Fire Chief for the Municipality of Bayham. 11.The Owner agrees to pay for damages to public property, including but not limited to any municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may occur during the development of the Lands as contemplated by this Agreement. In the event that the Owner shall fail to repair any such damage within thirty (30) days of occurrence, the Municipality may enter upon the Lands and effect such repair at the sole risk and expense of the Owner. 12.The Owner agrees that any and all lighting required for the development of the Lands in accordance with this Agreement shall be installed and maintained so as not to interfere with the use or enjoyment of adjacent properties or with the safe flow of traffic on abutting or adjacent streets, the determination of which interference shall be in the sole discretion and opinion of the Municipality. 13.The Owner shall landscape and maintain plants and groundcover upon the Lands and in strict accordance with the Plans and at all times to a standard acceptable to the Municipality. 14.If the Ontario Building Code requires that an Architect or Professional Engineer, or both, shall be responsible for the field review of any new building or structure or extension thereof as contemplated by this Agreement, then the Owner shall not occupy or use or permit occupation or use of, any such building or structure or extension thereof until after an Architect or Professional Engineer has delivered approval thereof to the Municipality by a letter addressed to the Municipality and signed by the said Architect or Professional Engineer and certifying that all construction and/or services on or in the Lands, including any such building or structure or extension thereof thereon as required for the development or redevelopment of the Lands have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15.The Municipality, through its servants, officers, and agents, including its Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter upon the Lands and/or any building or structure being erected thereon to inspect; (a) the progress of the development upon the Lands; (b) the state of maintenance as required by this Agreement; (c) compliance with any and all laws, whether Federal, Provincial, or Municipal, including any and all by-laws for the Municipality and more particularly including By-Law No. 2016-XXX as Site Plan Control By-Law; and, (d) compliance with this Agreement. 16.In the event of any servant, officer, or agent of the Municipality determining, upon inspection of the Lands and any building or structure erected thereon, that the development is not proceeding in strict accordance with the Plan, and specifications filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such notice to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency in relation to which that notice relates or, alternatively, appeal to the Council of the Municipality of Bayham as hereinafter provided. 17.In the event of any servant, officer, or agent of the Municipality, having inspected the Lands or any building or structure being erected thereon in accordance with this Agreement, be of the opinion that the state of maintenance of such Lands, building, or structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice detailing the particulars of such opinion and the basis therefor, by registered mail, to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively, appeal such opinion and the need for correction to the Council of the Municipality of Bayham as hereinafter provided. 18.In the event that the Owner should disagree with the opinion of the servant, officer, or agent of the Municipality as to the state of compliance and/or maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which Council, after hearing the details of the alleged deficiency and hearing the response of the Owner, shall express its opinion as to whether the maintenance of the lands, building, or structure is satisfactory and which decision shall constitute a final determination of the issue. 19.In the event that the Owner shall fail to obey a stop work order issued pursuant to section 16 above, the Owner acknowledges and recognizes the right of the Municipality to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate relief, including but not limited to an injunction restraining continuation of work upon the Lands. 20.In the event that an Owner shall fail to correct a deficiency after notice is given pursuant to sections 16 or 17 above and which notice the Council of the Municipality of Bayham subsequently determines is correct in accordance with section 19 above, the Council of the Municipality of Bayham may by by-law direct, on default of the matter or thing being done by the Owner and after two (2) weeks written notice to the Owner as delivered by registered mail to the last known address of the Owner, that such matter or thing be done by or on behalf of the Municipality, at the expense of the Owner, which expense may be recoverable by action, as municipal taxes, or as drawn from and paid by any security deposit with the Municipality as security for full performance of all obligations by the Owner in respect of the development contemplated by this Agreement. 21.The Owner further acknowledges that any contravention of any provision of this Agreement will constitute a contravention of By-Law No. 2016-XXX for the Municipality of Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy or relief, is subject to prosecution and penalty as provided for in section 67 of such Act. 22.Unless otherwise authorized, in the event that the Owner wishes to revise the development as described in and depicted in Schedules "A" and/or "B" attached, he, she, or it shall make application to the Council of the Municipality of Bayham for reconsideration and approval and, furthermore, the Owner agrees that construction shall not proceed so as to implement any such revision until approval is given by such Council or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended. 23.The Owner agrees to pay to the Municipality all administration costs incurred in connection with the preparation and/or implementation of this Agreement, including all legal, engineering, and inspection costs. 24.Upon execution of this Agreement and as contribution to capital charges, the Owner shall pay to the Municipality, in cash or by certified cheque, the amount of Dollars and Cents ($ ). 25.Upon execution of this agreement and as contribution to Site Plan Review expenses, the Owner shall pay to the Municipality, in cash or certified cheque, the amount of Dollars and Cents ($ ). 26.Before commencing any of the work contemplated herein, the Owner shall supply the Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing coverage to a minimum amount of$ per occurrence, and in a form satisfactory to the Municipality, thereby indemnifying the Municipality from any loss arising from claims for damages, injury, or otherwise, in connection with the work to be undertaken upon the Lands and for which approval contemplated by this Agreement is granted. The said policy of insurance shall be provided at the time of execution of this Agreement and shall remain in force until the development contemplated herein is complete and all required documentation in evidence thereof has been filed with the Municipality. 27.The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before , 20_ The Parties agree that it is a responsibility of the Owner to arrange for completion of the development contemplated by this Agreement on or before such date and, furthermore, to apply for any extension of and from such date by no later than sixty (60) days prior to such intended completion date. 28.As security for the performance and completion of all works required by this Agreement, the Owner shall provide the Municipality with a Letter of Credit, in the amount of Dollars and Cents ($ ). The said Letter of Credit will be based on the estimated cost of alterations to public property, roadways, curbs and gutters and drains, and any repairs for damages to public property, roadways, curbs and gutters and drains, plus all site-specific components as identified by the Site Plan and Site Servicing Plan, attached as Schedules "A" and "B", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit will be issued by a Chartered Bank or other institution acceptable to the Municipality and provide specific reference to this Agreement and provide for the value thereof to be payable to the Municipality at any time or, in part, from time to time, upon written notice from the Municipality. The Letter of Credit shall be provided by the Owner to the Municipality at the time of execution of this Agreement and shall remain in force, until twelve (12) months after completion of the development contemplated by this Agreement, including but not limited to production of all documentation required for evidence of such due and proper completion of the Development. 29.This Agreement and the provisions thereof do not grant to the Owner, or any person acquiring any interest in the said Lands, any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of his, her, or its obligations under this Agreement or any negligence on the part of the Owner in relation to the Performance of any obligations required by this Agreement. 30.In the event that construction on the Lands has not commenced within the one (1) year from the date of registration of this Agreement against title to the Lands, the Municipality may, at its option and on one (1) month written notice to the Owner, declare this agreement to be terminated, subject to renegotiation at the option of the Municipality. In the event that the Agreement is terminated as set forth above, the Owner agrees that construction on the Lands as contemplated by this Agreement will not be commenced or continued until such time as the terms of this Agreement, at the option of the Municipality, have been renegotiated. 31.Following completion of the development of the Lands in accordance with the Plans contemplated by this Agreement and attached as Schedules "A" and "B" hereto, the Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in the form and of the content set forth in Schedule "C" hereto, by which Certificate the Owner shall confirm that all elements of this Site Plan Agreement have been completed in accordance with the terms hereof and the provisions of By-Law No. 2016-XXX, being the Site Plan Control By-Law for the Municipality. 32.The Owner agrees that he, she, or it will not call into question, directly or indirectly and in any proceeding whatsoever in law or in equity or before any administrative tribunal or court, the right of the Municipality to enter into this Agreement or to enforce each and every term, covenant, and condition herein contained and, furthermore, acknowledges that this provision may be pled as an estoppel as against the Owner in any such case. 33.The Owner agrees on behalf of himself, herself, or itself, including their respective heirs, executors, ministries, and assigns, to save harmless and indemnify the Municipality from all losses, damages, costs, charges, and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly from any action taken by the Owner in accordance with this Agreement. 34.AIl facilities, works, and other matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense but at all times to the satisfaction of the Municipality in accordance with all standards applied by the Municipality and, in default thereof and without limiting any right or claim to remedy or relief as available to the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, shall apply. 35.This Agreement shall be registered, at the expense of the Owner, against title to the Lands and the Municipality shall be entitled, subject to the provisions of any statute of the Province of Ontario, including but not limited to the Registry Act and/or Land Titles Act, to enforce its provisions against the Owner as named herein, including any successor in title thereto. 36.This Agreement enures to the benefit of and is binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and seals or under cover of duly authorized officials at Bayham, Ontario this day , 20 Signed, Sealed, and Delivered ) In the presence of ) per: ) Name: ) Position: I have authority to bind the Company ) CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) per: ) Name: ) Position: ) per: ) Name: ) Position: ) We have authority to bind the Corporation $AYH-4.4? 1 01. REPORT o . y DEVELOPMENT SERVICES ppo,.tunity Iso�► TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: May 19, 2016 REPORT: DS-23/16 FILE NO. C-07 /D11 Country View Estates Phase 2 - Peters SUBJECT: Subdivision Agreement—Country View Estates Phase 2 (Peters) BACKGROUND: Abraham and Emma Peters, owners of the Country View Estates Phase 2 Subdivision on Peters Court, south of Eden Line, in the Hamlet of North Hall, wish to enter into a subdivision agreement with the Municipality. The Owners propose the development of a 5-lot subdivision as a continuation of the existing 5-lot plan and are now prepared to enter into an agreement with the municipality. The draft Plan of Subdivision was approved by the County of Elgin as draft approval file # 34-T- BA1501 on April 12, 2016 with conditions of approval. The last date of appeal is May 18, 2016 and the lapsing date is April 12, 2019. DISCUSSION Entering into an agreement is one of the conditions imposed by the County to satisfy prior to registration of the Plan of Subdivision. Staff have prepared a subdivision agreement based on the standard used for a previous subdivision project. Discussions occurred with the property owner/developer and the resulting agreement is presented for Council's consideration. Applicable financial securities will be collected prior to registration of the Plan of Subdivision. ATTACHMENTS 1. Draft By-law 2016-048 - Subdivision Agreement attached as Schedule "A" 0 RECOMMENDATION 1. THAT Report DS-23/16 be received for information; 2. AND THAT By-law 2016-048, being a by-law authorizing the signing of a subdivision agreement, be presented to Council for enactment. Respectfully Submitted by: Reviewed by: 7/4/ /01°'alli1111.111°P. I Margaret Underhill ' ul : i., ay. Deputy Clerk/Planning Coordinator ICAO THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016 - 048 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SUBDIVISION AGREEMENT BETWEEN ABRAHAM AND EMMA PETERS AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, TO PROVIDE FOR THE DEVELOPMENT OF A PLAN OF SUBDIVISION, KNOWN AS THE COUNTRY VIEW ESTATES PHASE 2, HAMLET OF NORTH HALL, MUNICIPALITY OF BAYHAM. THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the agreement affixed hereto as Schedule "A", being a subdivision agreement with Abraham and Emma Peters, is hereby approved and the Mayor and Clerk are hereby authorized and directed to execute the same. 2. THAT the agreement is to be registered at the Land Registry Office. READ A First and Second time this 19th day of May, 2016. READ A Third time and finally passed this 19th day of May, 2016. MAYOR CLERK Country View Estates Phase 2 Subd. Agmt. - 1 - Schedule "A" to By-Law No. 2016- 048 THIS SUBDIVISION AGREEMENT made in triplicate this 19' day of May 2016. BETWEEN: ABRAHAM AND EMMA PETERS Hereinafter called the "OWNER" OF THE FIRST PART A N D: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "CORPORATION" OF THE SECOND PART WHEREAS, the Owner proposes to subdivide and register a Plan of Subdivision on property described as Part of Lot 7 Concession 8 Part Lot 7 Part 2 RP 11 R9635, Municipality of Bayham, County of Elgin; the said proposed Plan of Subdivision, being appended as Attachment "A" to this Agreement; AND WHEREAS, this Agreement has been made as a condition of approval by the County of Elgin of the Owner's or Subdivider's proposed Plan of Subdivision, County File # 34T-BA1501, named Country View Estates Phase 2; AND WHEREAS, the Owner, has agreed with the Corporation to comply with their requirements with respect to the providing of services for the lands proposed to be subdivided and other matters hereinafter set forth; NOW THEREFORE, The Parties herein, in consideration of other good and valuable consideration and the sum of Two ($2.00) Dollars, of lawful money of Canada, by each to the other paid (the receipt whereof is hereby by each acknowledged), covenant and agree with the other as follows: 1. DEFINITIONS: (a) "Owner" shall include the applicant for the approval of a Plan of Subdivision, and the registered owner or owners in fee simple of the land for which the subdivision is proposed and/or their respective heirs, executors, administrators and assigns, and in addition to its accepted meaning, shall mean and include an individual, an association, a partnership, or an incorporated company, and wherever the singular is used herein, it shall be construed as including the plural. Country View Estates Phase 2 Subd. Agmt. -2 - (b) "Council" shall mean the Municipal Council of the Corporation. (c) "Engineer" shall mean the Engineer of the Corporation and/or any such Engineer(s) as may be duly authorized and appointed by the Corporation. 2. SCOPE OF AGREEMENT The Owner agrees to complete at his own expense and in a good and workmanlike manner, for the Corporation, all the municipal services as hereinafter set forth to the satisfaction of the Corporation and to complete, perform, or make payment for such other matter as may be provided for herein. 3. CONSULTING ENGINEERS (a) The Owner agrees to retain a Professional Engineer as the Consulting Engineer of the Owner, to carry out all the necessary engineering and supervise the work required to be done for the development of the subdivision. Such Consulting Engineer or a successor thereto, shall continue to be retained until the work provided for in this agreement is completed and formally accepted by the Corporation. (b) The Owner agrees that in the preparation of contract plans and specifications, the following procedure will be followed by the Consulting Engineer: (i) Design all the works covered by this Agreement. (ii) Prepare plans, profiles and specifications for the said works and to submit detailed plans, profiles and specifications to the Corporation for approval prior to the installation of such works. (iii) Obtain, in conjunction with the Corporation, all the necessary approvals required prior to the construction of such works. (iv) Obtain the approval of the Corporation, for the Contractor(s) for the said works. (v) Provide full time inspections during the construction of underground services and part time inspections as necessary for the surface work. (vi) Maintain all records of construction of the said works. (vii) Supply to the Corporation mylar reproductions of all the works as constructed by the Contractor. The drawings shall be to the scale or scales established by the Corporation's Engineer. (viii) On completion of construction of the said works, to supply the Corporation with a certificate that the execution of the said works was in accordance with the approved plans and specifications. This certificate will not be valid until signed by the Corporation, and the Corporation's Engineer. Country View Estates Phase 2 Subd. Agmt. -3 - (ix) Supervise the construction of any remedial work required by the Corporation. (c) The Owner agrees with the Corporation that no public services will be installed prior to receiving, in writing, approval of the detailed plans and specifications by the Corporation. 4. LIENS The Owner shall cause to be discharged any lien registered and/or filed with the Corporation, pursuant to the Construction Lien Act, R.S.O. 1990, (Ontario) as amended, in respect to any of the works undertaken by the Owner. The Owner shall pay any legal costs, fees and disbursements howsoever incurred by the Corporation, in connection with any such lien, whether or not there are reasonable grounds for registration of the lien by the lien claimant. In the event the Owner fails to discharge any such lien or fails to pay any such cost, fees and disbursements, incurred by the Corporation in connection with such lien, the Corporation may make arrangements to discharge the lien by taking such actions as it see fits, acting in its sole discretion. If the Owner fails to reimburse the Corporation in connection with any costs incurred, pursuant to this paragraph, the Corporation shall have the right to realize on the Performance Guarantee provided by the Owner under paragraph 17 of this Agreement. 5. EASEMENTS At completion of Phase 1, utility easements are in place. 6. PRIVATE SEPTIC SYSTEM PERMITS Prior to issuance of a building permit on a lot within the plan of subdivision, the Lot Owner shall provide to the Municipality, to the satisfaction of the Municipality, the following: 1. a sewage disposal report, prepared by a qualified engineer, indicating that specific recommendations regarding the specific sewage disposal system for the lot, 2. confirmation that the system to be installed will be capable of reducing the nitrate levels to 24mg/I, 3. a 2-year service contract with a qualified contractor to ensure the long term operation and maintenance of the system. 7. STORM SEWERS (a) A stormwater management system regulated through the Drainage Act which was constructed during Phase 1 was approved by all regulating agencies and provides an adequate stormwater management system through the municipal drain, known as the Bartley Drain, for all lands within the Plan. Country View Estates Phase 2 Subd. Agmt. -4 - 8. ROAD— PETERS COURT The Owner confirms PETERS COURT was constructed in Phase 1 according to the specifications for paved roads of the Corporation in effect at the date thereof. The specifications for boulevard grading shall apply to the said Plan of Subdivision. PETERS COURT was assumed and established as part of the open public highway system by By- law 2015-057 passed May 21, 2015. 9. ROAD GRADES, ETC. (a) PETERS COURT was constructed as Country View Estates Phase 1 project as per the approved drawings and assumed by the Municipality. 10. CURBS AND GUTTERS The Owner agrees that construction of the rollover curbs and gutters on all the streets as shown on the said Plan of Subdivision were constructed according to the specifications of the Corporation in effect at the date hereof, and were maintained until they were formally accepted by the Corporation. 11. SIDEWALKS Not required. 12. PRIVATE WELLS The Owner shall advise all perspective purchasers in all offers of purchase and sale that individual wells are to be constructed and developed to ensure that ground water supplies are protected from contamination by septic systems, surface pollutants and meet the turbidity levels complying with the Ministry of the Environment & Climate Change's drinking water objectives. 13. LOT GRADING, SODDING, LANDSCAPING (a) The Owner agrees to grade, provide top soil and sod the portion of the street allowances lying between the front property line of lots and the curb save and except any portion of the street allowance within the driveway. The Lot Owner shall sod or seed the front yard of each of the lot except for paved or planted areas, upon the completion of the construction of dwelling thereon. The Public Works Operations Supervisor or designate must approve any exception to this requirement in writing. Said sodding must be in conformity with the grading control plan as set out on Attachment `D' attached hereto. (b) Before house construction proceeds beyond the basement level, the Consulting Engineer or an Ontario Land Surveyor shall provide the Corporation with a certificate confirming the foundations are: (i) in conformity with the footing and top of foundation wall elevations, shown on the approved Grading Plan; Country View Estates Phase 2 Subd. Agmt. - 5- (ii) sited entirely on the correct lot and conforms to the applicable Zoning By- Law. Site surveys are to be attached to the certificate. (Field notes in lieu of a siting survey will be accepted at this time to allow construction to proceed.) Certification of foundation elevations by the Consulting Engineer or Ontario Land Surveyor shall be taken to mean conformity with the approved Grading Plan with a tolerance of 150 mm., and will include verification of top of foundation wall, any steps in the foundation (if applicable) and the garage sill. Non-conformance to either siting or foundation elevations shall be brought to the Corporation's attention for further direction, prior to proceeding with any further construction. The Consulting Engineer or Ontario Land Surveyor shall then provide the Corporation with preliminary lot certificates advising that the lot grading conforms to the approved Grading Plan and is approved for sodding or seeding. Prior to the release of any lot grading conditions of this Subdivision Agreement, the Consulting Engineer or Ontario Land Surveyor, shall provide final certification to the Corporation in the form of as-built elevations on the Grading Plan in accordance with the approved Plan of Subdivision. (c) Upon the elevations and grades being established in accordance with this Agreement, the Owner, shall thereafter, maintain the same for so long as the Owner is the registered owner of the lot. The Parties agree that the Lot Grading Plan, attached hereto, and marked as Attachment "D" is a photographically reduced and un-initialled copy of the Lot Grading Plan, initialled by the parties on the execution of this Agreement and that such initialled Plan forms part of this Agreement. The Parties further agree that in the event that any part or parts of Attachment "D", are illegible or conflict with the initialled Plan from which it was made, the initialled Plan shall prevail. (d) If, in the opinion of the Corporation, the Owner has at any time during which the Owner is the registered owner of any lot within the Plan of Subdivision failed to establish or maintain any such grade or elevation as required by Paragraph 13 (c), the Corporation, may, after giving such notice to the Owner, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill, and do such works and remove anything from the lot as in the Corporation's opinion, may be necessary to remedy such default, and the costs thereof, shall be paid by the Owner, to the Corporation. (e) Where the Owner has sold a lot within the Plan of Subdivision, and in the opinion of the Corporation, the Owner, or the subsequent owner has, at any time, failed to establish or maintain any grade or elevation required to be established or maintained by paragraph 13 (c), the Corporation may, after giving such notice to the subsequent Owner, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill and do such works and Country View Estates Phase 2 Subd. Agmt. -6 - remove anything from the lot as in the Corporation's opinion may be necessary to remedy such default and the costs thereof, shall be paid by the subsequent Owner, to the Corporation, and if no lots are sold, it shall constitute a lien on the lot and interest shall be payable on the amount thereof at the rate of Fifteen percent (15%) per annum, commencing Fifteen (15) days after the mailing of the statement to the subsequent Owner, at his/her last known address. 14. STORM WATER MANAGEMENT A Stormwater Management Plan is part of the municipal drain known as the Bartley Drain, under the Drainage Act and was constructed and included in Phase 1. The Stormwater Management Plan includes the additional five (5) lots of Phase 2. Physical components of the Bartley Municipal Drain shall remain unaltered including, but not limited to, remain clear of fencing, structures and plantings. 15. ADMINISTRATION AND INSPECTION COSTS (a) The Owner agrees to pay to the Corporation all administrative costs incurred in the preparation of this Agreement, including related legal and engineering costs. 16. FINANCIAL PAYMENTS — CAPITAL CHARGES Except as expressly provided in this Agreement, the charges payable pursuant to this Paragraph 16 shall be payable by the Owner as specified. (a) PARKLAND DEDICATION FEE The Owner shall provide parkland dedication in the form of cash-in-lieu $500.00 per lot. This value is to be $2500.00 for 5 lots and shall be collected prior to the registration of the plan of subdivision. (b) STREET LIGHTING No street lighting required. (c) ELECTRICAL DISTRIBUTION SYSTEM The Owner confirms that during Phase 1 a complete electrical system including all switches, junction boxes, transformers, wire, hydro service connections, and appurtenances, was constructed to the street line to service all lands in the said Plan of Subdivision, according to designs approved by Hydro One and according to its specifications which were in effect at the time of the installation of the system (d) LOT FRONTAGE AND CONNECTION CHARGES Frontage and connection charges do not apply. Country View Estates Phase 2 Subd. Agmt. -7 - 17. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner, shall supply the Corporation with a Liability Insurance Policy in the amount of NIL Dollars, and in a form satisfactory to the Corporation, indemnifying the Corporation, and their agents from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner. In the event any renewal premium is not paid, the Corporation, in order to prevent the lapse of such liability insurance policy, may pay the renewal premium or premiums and the Owner, agrees to pay the cost of such renewal or renewals within Fourteen (14) days of the account therefore being rendered by the Corporation. The Owner shall provide written notice to the Corporation of the cancellation of the liability insurance policy, Twenty-One (21) days before the cancellation is to come into effect. 18. PERFORMANCE GUARANTEE (a) Security Guarantee is required for the tree planting required on each lot. 19. MAINTENANCE GUARANTEE The Owner agrees with the Corporation that, upon completion of the various parts of the works and prior to acceptance by the Corporation, the Owner, will provide at his/her own expense, a Letter of Credit for the sum of Twenty-Five per cent (25%) of the actual cost of all the works still subject to the guarantee, to guarantee the workmanship and materials for a period of two (2) years from the date of satisfactory completion of the work. 20. OCCUPANCY OF BUILDING Occupancy of any building shall be under the authority of the Chief Building Official and the issuance of the Occupancy Permit. 21. TIME LIMIT FOR WORK AND GUARANTEE FOR WORKMANSHIP AND MATERIAL Save as herein otherwise provided the Owner agrees to complete the work required under this Agreement within the Time Limits specified in the Attachment attached hereto as Attachment "B". Any work other than that specifically provided for in Attachment "B" shall be completed within the time limit provided for herein. The Owner shall as soon as it is practicable after receiving written notice from the Corporation repair any damage caused to existing services or utilities by the implementation or performance of this Agreement or caused during the construction of dwelling units or other buildings on any part of the development. Should the Owner fail or neglect to carry out repairs or any other work required of this Agreement the Corporation may, in addition to any other rights or remedies it may have at law or in equity, assert and exercise the rights provided for in Clause 22. Country View Estates Phase 2 Subd. Agmt. -8 - 22. UNCOMPLETED OR FAULTY WORK If in the opinion of the Corporation the Owner is not completing or causing to be completed the work required in connection with this Agreement, within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion or unreasonably delay the same so that the conditions of this Agreement are being violated, or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Corporation, as defective or unsuitable, or shall the Owner, in any other default in performance of the terms of this Agreement, then, in any such case, the said Corporation shall promptly notify the Owner and his/her surety in writing of such default or neglect and if such notification be without effect within Seven (7) clear days, after such notice, then in that case, the Corporation shall have full authority and power to immediately purchase such materials, tools and machinery and to employ such workmen as in their opinion, shall be required for the proper completion of the said work, at the cost and expense of the Owner, or his/her surety or both. In cases of emergency, in the opinion of the Corporation, such work may be done without prior notice but the Owner shall forthwith be notified. The cost of such work shall be calculated by the Corporation whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of Twenty per cent (20%) of all labour, material and machine time charges incurred to complete the work and further, a fee of thirty per cent (30%) of the charges incurred for the dislocation and inconvenience caused to the Corporation as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations without which the Corporation would not have executed this Agreement. It is further understood and agreed between the parties hereto that such entry upon the lands shall be as an agent for the Owner, and shall not be deemed for any purpose whatsoever as an acceptance of the said services by the Corporation. 23. GENERAL PROVISIONS The Owner agrees with the Corporation: (a) REGISTRATION OF AGREEMENT The Owner agrees that this Agreement shall be registered by the Corporation's Solicitor upon the title to the lands within the plan of subdivision, and agrees to pay all solicitor's fees and disbursements incurred by the Corporation in respect to registration of this Agreement, forthwith, upon demand. (b) CONTINUATION OF EXISTING SERVICES Where the construction of services herein involves a continuation of existing services to join into the same including adjustment of grades where necessary, such work to be completed in a good workmanlike manner and at the expense of the Owner. Country View Estates Phase 2 Subd. Agmt. - 9 - (c) PUBLIC LANDS — FILL AND DEBRIS To neither dump nor permit to be dumped any fill or debris on, nor to remove or permit to be removed any fill from any public lands, without the written consent of the authority responsible for such lands. The Owner shall, on request, supply the Corporation with an acknowledgement from such authority of the Owner's compliance with the terms of this clause. (d) QUALITATIVE OR QUANTITATIVE TESTS The Corporation may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement and the cost of such tests shall be paid by the Owner within Fourteen (14) days of the account being rendered by the Corporation. (e) RELOCATION OF SERVICES To pay the cost of relocating any existing services and utilities caused by the development work within Fourteen (14) days of the account for same being rendered by the Corporation. The Owner further agrees to similarly pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Corporation, as to interfere with the use of the driveway. (f) TAXES That prior to the release of the Plan for registration the Owner shall pay the taxes in full for all the lands included in the said Plan of Subdivision according to the last revised assessment roll, until the lands are assessed and billed as a registered plan. (g) LOCAL IMPROVEMENTS Prior to the release of the plan for registration, to prepay any outstanding local improvement charges which are levied against any of the lands in the said plan of subdivision. (h) SPECIFICATIONS Unless otherwise specified, any work required under this Agreement shall be according to the specifications of the Corporation. Any and all approval of plans and specifications by the Corporation does not relieve the Owner of responsibility for errors and omissions in the plans and specifications. It shall be the responsibility of the Owner to supply any third party contractor with all necessary information to compete the works contemplated under this Agreement. Country View Estates Phase 2 Subd. Agmt. - 10- (i) STREETS During the construction of the services and utilities required to be constructed under this Agreement and during the construction of any dwelling units to be constructed within the subdivision all streets within the development site, being Peters Court, shall be maintained in good repair and clean by the Owner. Q) STREET SIGNS Any required street signs, civic addressing (911) signs and traffic control signs will be installed by the Municipality at the Owner's expense. (k) LICENCE TO ENTER To retain a licence from any subsequent purchaser of the aforesaid lands to enter upon such lands in order to comply with the provisions of this Agreement. (I) SURVEY MONUMENTS AND MARKERS The Owner is required to install all geodetic monuments within the subdivision. The number, specifications and location of the monuments to be determined by a licensed Ontario Land Surveyor and to be approved by the Municipality prior to final plan approval and registration. (m) INTEREST Interest at the per annum rate of Three per cent (3%) points above the prime rate of the Corporation's bank shall be payable by the Owner, to the Corporation, on all sums of money payable herein, which are not paid on the due dates calculated from such due dates. The due dates of any sum of money shall be Fourteen (14) days after the date of the invoice. (n) CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered within one year from the date hereof, the Corporation may, at its option, on one month's notice to the Owner, declare this Agreement to be null and void. (o) NOTICES Any notices required to be given hereunder may be given by registered mail, addressed to the other party at its address according to the most recent assessment roll and shall be effective as of the date of the deposit thereof, in the Post Office. (p) UNSOLD LOTS The Owner is to provide suitable weed and dust control on any unsold lots. Failure to do so will result in the Corporation performing the work and assessing a Country View Estates Phase 2 Subd. Agmt. - 11 - charge or lien to the property. The stock piling of excess dirt is not permitted on the unsold lots. (q) STAGING The Owner covenants and agrees that the construction of the subdivision will be completed in one phase with all of the required services provided by the Owner and the Owner may complete such services in accordance with Attachment "B". (r) BUILDING PERMITS The Owner covenants and agrees not to apply for any building permit for any building on the lands until the following pre-requisites have been satisfied: 1. The Owner has provided confirmation of the engineered septic system plans and maintenance agreement as per Paragraph 6. 2. All traffic, civic addressing signs and street signs have been installed. Exceptions to this condition may be permitted where, in the opinion of the Public Works Operations Supervisor, there are extenuating circumstances. In these cases, the Owner shall undertake protective and remedial measures to the satisfaction of the said Manager. All costs of such protective and remedial measures shall be borne by the Owner. 3. Upon Building Permit application, the Owner shall pay to the Municipality of Bayham a Municipal Damage Deposit in the amount of $2000.00 refundable subject to the final inspection to the satisfaction of the Chief Building Official. 4. The Owner has satisfied all the financial requirements under this agreement. (s) SIGNAGE FOR PROJECT The Owner is entitled to erect one sign at the property entrance to advertise the project. Any sign erected must conform to any municipal or county Sign By-laws. The sign must be kept in good repair at all times. (t) TREE PLANTING The Owner shall plant one tree per lot in a location and of a kind and size approved in writing by the Public Works Operations Supervisor. Should any tree die within 12 months of planting the Owner shall replace the tree with a new tree as prescribed in this agreement. Trees are to be planted a minimum of 1 metre (3.3 feet) behind the property line and located so as not to interfere with services and utilities at any time. (u) SURFACE WATER MANAGEMENT DURING CONSTRUCTION The Owner agrees to require the contractor to provide means to avoid ponding, erosion and/or flooding onto adjacent properties during construction and will continue until lots have been developed by means of erosion provisions such as Country View Estates Phase 2 Subd. Agmt. - 12 - silt fencing, straw bales and rough grading of undeveloped lots to maintain all surface water on developed property. (v) DRIVEWAY APPROACHES The Owner shall pave all driveway approaches to the satisfaction of the Public Works Operations Supervisor upon the construction of the building serviced by any such driveway. If any dropped curb is not located correctly with respect to any driveway, the Owner shall construct a dropped curb in the correct location and shall fill in the original dropped curb in accordance with municipal specifications at their full cost. (w) CENTRALIZED MAIL BOX i. The Owner shall make adequate provision for a centralized mail box to the satisfaction of Canada Post ii. The Owner shall include in all offers of purchase and sale a statement advising the prospective purchaser: 1. that the home mail delivery will be from a designated Centralized Mail Box 2. that the developers/owners are responsible for officially notifying the purchasers of the exact Centralized Mail box location prior to the closing of any home sales. 24. The Owner agrees with the Corporation: (a) EXTENT OF WORK The extent of work shall be construed to consist of the labour and materials necessary for the construction in a good substantial, workmanlike manner of all the items required for the completion of the entire work consisting of all the items shown on the drawings which have been approved by the Corporation, and which shall be installed according to these specifications. The Owner shall take full responsibility for pavement breaks, which must be approved by the Engineer and restored to the regulations applicable. As per Paragraph 23 (r), Municipal Damage Deposit applies. (b) LIENS OR CLAIMS The Owner agrees to supply the Corporation with a Statutory Declaration that all accounts for work and materials have been paid or provided or that there are no claims for liens or otherwise in connection with such work done or materials supplied on behalf of the Owner, in connection with the subdivision. 25. Attachments "A" through "D" as listed are attached hereto: 1. Attachment "A" Draft Plan of Subdivision 2. Attachment "B" Time Limits 3. Attachment "C" Estimated Costs 4. Attachment "D" Lot Grading Plan Country View Estates Phase 2 Subd. Agmt. - 13- All shall form part of this Agreement and time shall be of the essence with respect to items contained herein. 26. The Corporation shall be entitled to enforce the provisions of this agreement against the owner of the lands to which it applies, and subject to the provisions of the Land Titles Act against any and all subsequent owners of the lands. 27. The Owner may assign this Agreement only with the consent of the Corporation. 28. All parties hereto shall execute and deliver (or cause to be done, executed and delivered) all such further acts, documents and other assurances that may be reasonably required by the parties for the completion of the work contemplated by this Agreement. 29. The Owner shall advise all perspective purchasers of Items 6, 12, 13 and 23 of this Agreement and provide copy of this Agreement in all offers of purchase and sale. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate seals, attested to by the hands of their proper officers in that behalf fully authorized. COUNTRY VIEW ESTATES Witness Abraham Peters Emma Peters THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Paul Ens, Mayor Paul Shipway, Clerk -�f 1- DRAFT PLAN CF SUBOINSION .,)4C ALLOyIAN[E '- --`'^-- a""" PART OF LOT 7 3 BE7 ---------7-------- CONCESSION 8 '-^- z_...7:Por„ „EDEN Co,CESS �-- cEoG ARUC IOFRUP OF(WWII 1......._._,:....3...... ... ....7....... _ f LINE)m......l,...:- a ANO.- -�_..� .uuArwwrr OF : .lsa�....'_. ca lC -L..:--^- BAYNAM :;^' ( ------'1'--.1R---,,,,,, '+a......aIlNYY RO,Ac _44) .�: COUNTY OF ELGIN .'^�. f""'-7'I _ m'". -. ~�'�Tw.v R u Ah N. 1 t r Rb ill, - -_---_,C _„,,,I n METRIC 1:2:m w o.:::Y" ."-I na� q el b➢ TB IJ g ,s `�' - wu liusrtn�mmnc iro. t 11R-Tile I "{N �, TFy I lOi t ��` I PORT �I -( I` 5\�f\\ Z I �TeM1 a.v. _.� Ptµ l R-eb3 I yO _J e R r--------1 '-.� C i -=--""------ -- �" -- @g SURVEYOR'S CERTIFICATE C\ �, Loma p ':'e°M �. .........,: \. y°R L 6 S .�.. •env ..x ,. �. I : I 3 JP 1 G ^I MEMCERTIFICATEa 4 ... C .n. ; t 9' /'-0,/ I d1E1—.a.- -I o��y� / t`� dyyl m W w v `m w ,f i 1 0d0 ' •' / .wutir Ai ... • 4PyFV • / '11-"1T' - RECEIVED t� ��44 AJ6 7 7 2015 "� ` °R` : i' COUNTY OF ELGIN .55° 5 yP 1 f '-"f' - ,.ix ''`yi } "Q`'� ADMiNIsrRATi4c ic:i ,:t5 �� ,/��: q9 /,%'" 045' Ili • e_ .IIIA.,',./ NOTES J r'' -i •I Y� KIM NUSTED SURVEYING LTD. '.+..y. 81TAS*IAMU SURVEYING / 066.1:36-6371:0-2Imo�ce Rr Country View Estates Phase 2 Subd. Agmt. - 14 - ATTACHMENT "B" COUNTRY VIEW ESTATES PHASE 2 MUNICIPALITY OF BAYHAM TIME LIMITS ATTACHMENT Paving - Driveway Approaches August 2016 — Nov 2017 Tree Planting August 2016 — Nov 2017 Seeding/Sodding Boulevard August 2016 — Nov 2017 Country View Estates Phase 2 Subd. Agmt. - 15 - ATTACHMENT "C" COUNTRY VIEW ESTATES PHASE 2 MUNICIPALITY OF BAYHAM ESTIMATED COSTS Tree Planting —5 lots $150 each 750.00 1 g 80011110101111 .____. ' tt ;2,, '''' ‘• ' ,'2 . ----------..... , ! --", .. • MS. --b., ---,. ..P. 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''''''"`"""""'"`1011.10;:nto ,.......-- •.„ , ...... .... 1 EGFNO 1.1E1RIC SCALE 1500 MUNICIPALITY OF BAYHAM its.ro../..._24.s.„‘ ,.... ...., .11,7*.= COUNTRY VIEW ESTATES ' t. OWN&2.401•10 NAV NOT ee VIDO MOO ....------- :""A*'''''''''A'Ar''''''''' PHASE 2 6 em nivere: ,L4,,,, cs.Zro 0 0..L 55AA5A ti f A.mo,555:I C-11 D L r ---0",== NORTH HALL •.• mom=c,55.0,55.cosmo or:A.s-cc,on. 0,5:.nne mon='renc,..a As 5:o5t0 YY^,tmeal "`"'...." c....iumeygt.... P•'•......'.... *.1601...W.... GRADING PLAN/ \\*.i. 4..0' GENERAL PLAN OF SERVICES N. 00519001 ME 03 PROJECT CO.1134sAncY en.e50 0.120.00000014 0050334 000 1 LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS MINUTES - April 6, 2016 (as approved at the Board of Directors meeting held May 4, 2016) Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Noel Haydt and John Scholten Staff in attendance: C. Evanitski, J. Robertson, J. Maxwell, D. Holmes, L. Minshall, P. Gagnon, B Hodi and D. McLachlan Regrets: Craig Grice, David Hayes and Tom Southwick The LPRCA Chair called the meeting to order at 6:30 pm Wednesday, April 6th, 2016 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS MOTION A-43/16 moved: D. Beres seconded: R. Chambers THAT the LPRCA Board of Directors add "Long Point Watershed Conservation Award" under New Business as item 10 (o) to the April 6th, 2016 agenda. CARRIED DISCLOSURES OF INTEREST None DEPUTATIONS None MINUTES OF PREVIOUS MEETINGS There were no questions or comments concerning the minutes. MOTION A-44/16 moved: R. Geysens seconded: J. Scholten THAT the minutes of the LPRCA Board of Directors Regular Meeting held February 26th, 2016 be adopted as circulated. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 1 - BUSINESS ARISING a) Haldimand Campers' Deputation The representatives from the Haldimand Campers Association were notified of the outcome in response to their deputation. The seasonal camper letter was updated to reflect the results of the requests of the delegation. After the recent septic haulage tender, the same haulers, Frank's Septic and Bayside Septic, will be working the parks again this season. Costs range from $118.65 per load for Norfolk, Backus and Deer Creek to $209.05 per load at Waterford. MOTION A-45/16 moved: L. Bartlett seconded: N. Haydt THAT the LPRCA Board of Directors receives the staff report regarding the Haldimand Campers'Delegation Request as information; AND THAT the Board deny the request to defer the additional fee payment for seasonal campsites. CARRIED REVIEW OF COMMITTEE MINUTES None CORRESPONDENCE MOTION A-46/16 moved: J. Scholten seconded: R. Geysens THAT the correspondence outlined in the Board of Directors'Agenda of April 6th, 2016 be received as information. CARRIED DEVELOPMENT APPLICATIONS a) Staff Approved applications Planning staff approved 22 applications over the past two months. MOTION A-47/16 moved: R. Geysens seconded: J. Scholten That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated April 6th, 2016 as information. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 2 - CARRIED b) New Applications The Planning Department recommended the approval of four applications. MOTION A-48/16 moved: R. Geysens seconded: J. Scholten THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of the report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), LPRCA-21/16 LPRCA-24/16 LPRCA-23/16 LPRCA-38/16 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA's mandate and related Regulations. CARRIED NEW BUSINESS a) CALENDAR REVIEW The coming month will be a busy one with Backus and community events. Of note, the Siemens' Earth Day Tree Planting will be at 2:30pm instead of the stated 2:00pm start, and P. Gagnon, Lands & Waters Supervisor, will be presenting a biodiversity seminar to Alliance Tobacco in Delhi. The GM spoke to an Eco-Tourism class at Fanshawe College in Simcoe on April 1st about the Conservation Authorities Act and the upcoming review by MNRF. MOTION A-49/16 moved: L. Bartlett seconded: J. Scholten THAT the LPRCA board of Directors receives the April Calendar Review Report as information. CARRIED b) GENERAL MANAGER'S REPORT The GM reported a change at the Port Burwell Marina. The new lessee has discussed improvement plans and would like to start infrastructure upgrades but would first like a lease extension. No questions or comments. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 3 - MOTION A-50/16 moved: R. Geysens seconded: J. Scholten THAT the LPRCA Board of Directors receives the General Manager's Report for February and March 2016 as information. CARRIED c) 2016 SCATTER AND POD TREE PLANT TENDER LPRCA typically contracts out tree-planting services on an annual basis. This year, staff tendered out the planting of approximately 40,000 trees and the recommended tender was received by Giles Restoration Services, a company that has been used with great success in the past. The cost is funded by the various funding programs and does not have an impact on the budget. MOTION A-51/16 moved: J. Scholten seconded: R. Chambers That the LPRCA Board of Directors approves the tender received from Giles Restoration Services for a total of$22, 117.97(taxes included) for LPRCA's Spring 2016 Scatter and Pod Planting contract. CARRIED d) GREAT LAKES GUARDIAN COMMUNITY FUND Staff applied for two projects through the Great Lakes Guardian Community Fund: 1) Lake Lisgar - Phase 5 which involves dredging and planting of aquatic vegetation; 2) Port Burwell East Beach Restoration which involves planting native dune vegetation, fence installation and signage. MOTION A-52/16 moved: R. Geysens seconded: J. Scholten THAT the LPRCA Board of Directors authorize the General Manager to enter into a Grant Funding Agreement with the Province of Ontario. CARRIED e) MEMORIAL WOODLOT When the Long Point Region Memorial Forest was established, a lot of the original plantings included various ash species. Since then, there has been greater diversification in tree species but there are 162 ash trees that must be removed this year due to infestation by the Emerald Ash Borer (EAB). Once EAB was discovered, FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 4 - ash trees were no longer planted in the Memorial Forest. Trees will be replaced with other species next spring. A news story will be released, previous donors and funeral homes will be notified and posters will be displayed at Backus detailing the work being done. MOTION A-53/16 moved: J. Scholten seconded: Roger Geysens THAT the LPRCA Board of Directors receives the report on the Memorial Forest as information; and THAT the Board approves allocating up to $16,000 from the Memorial Woodlot Reserve to remove ash trees from the Memorial Forest. CARRIED f) ECOLOGICAL INVENTORIES — FOREST MANAGEMENT LPRCA conducts ecological surveys prior to forest management activities. These surveys are contracted out and conducted annually. This year ecological surveys will be conducted at two properties consisting of 141 acres (57 Ha) total. Staff had hired a different ecologist in the past but, due to rising costs, researched other firms and retained Blue Oak Native Landscapes in 2015. Staff has again recommended retaining the services of Blue Oak Native Landscapes. MOTION A-54/16 moved: R. Chambers seconded: R. Geysens THAT the LPRCA Board of Directors approves retaining the services of Paul O'Hara of Blue Oak Native Landscapes to conduct ecological inventories of identified Conservation Authority properties — totaling 141 acres (57 Hectares) for a total submitted bid of$19,662, which includes all applicable taxes and disbursements, as part of the 2016/2017 Forest Management Operating Plan. CARRIED g) VIC GIBBONS RECOGNITION EVENT A wine and cheese event is scheduled at Backus Heritage Conservation Area on Friday, April 22 in honour of Vic Gibbons who has generously donated artwork to LPRCA in support of conservation education. Tickets are $15 each and include admission, a complimentary Gibbons print, entry into a door prize and a sampling of local cheeses. Organizers are still requesting donations for the silent auction. MOTION A-55/16 moved: R. Geysens seconded: J. Scholten THAT the LPRCA Board of Directors approves naming the auditorium in the Conservation Education Centre at Backus Heritage Conservation Area as "The Gibbons Room"in recognition of donations made by artist Vic Gibbons. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 5 - h) SPECIAL USE OF AUTHORITY PROPERTIES The report and survey on special use of Authority properties was last completed in 2006. In summary, trapping is allowed with permission; hunting is allowed on most properties, permission is not required; off-road vehicles are not allowed; snowmobiles are allowed; and boating is allowed on certain waterways with limitations. MOTION A-56/16 moved: J. Scholten seconded: R. Chambers THAT the LPRCA Board of Directors receives the LPRCA Policy on Special Use of Authority Properties Report as information CARRIED i) FOREST MANAGEMENT OPERATING COSTS Since the early days of the Conservation Authority, one of the main priorities has been forest land acquisition to help fulfil its core mandated programs as directed by the Province. All of LPRCA's forested properties are under either the Managed Forest Tax Incentive Program (MFTIP) or Conservation Land Tax Incentive Program (CLTIP). Forest management activities are secondary after water retention and low-flow augmentation functions. Revenues are obtained from forest management sales while expenses include but are not limited to staff costs, garbage collection, signage, equipment maintenance and/or rentals, as well as, gate replacement if needed. MOTION A-57/16 moved: L. Bartlett seconded: D. Brunton THAT the LPRCA Board of Directors receives the Forest Management Operations — Authority Woodlots Report as information CARRIED j) 2015 PARK OCCUPANCY REPORT Park occupancy statistics are compiled on a monthly basis. It was noted that the daily camper rate is low during the shoulder seasons with the exception of Deer Creek. Deer Creek is a very popular, smaller park with a long seasonal camper waiting list. It also has a shortened camping season opening just before the Victoria Day long weekend and closing Labour Day. Staff is looking to enhance the social media activities in order to bring more visitors to the parks. MOTION A-58/16 moved: L. Bartlett seconded: D. Beres THAT the LPRCA Board of Directors receives the staff report regarding the 2015 Occupancy Report as information FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 6 - CARRIED k) SWOOP 2015 UPDATE SWOOP is the South Western Ontario Orthoimagery Program administered by the Ministry of Natural Resources and Forestry (MNRF). The SWOOP data is updated every five years and is used by the Planning and Forestry staff. The data can be utilized by licensed funding partners only. The imagery is multi-spectral, can see moisture content of the soil, the soil contents and can determine elevations. It is important for floodplain mapping; wetland mapping; dam safety and dam break reviews; property management to monitor encroachment; among other uses. SWOOP data is quality controlled and quality assured. By using SWOOP data LPRCA saves time and money as site visits must be conducted by two staff members and could be anywhere within the watershed. LIDAR was mentioned but it does not offer the same required data. MOTION A-59/16 moved: L. Bartlett seconded: D. Brunton THAT the LPRCA Board of Directors receives the SWOOP Update Report as information CARRIED I) NATIONAL DISASTOR MITIGATION PROGRAM (NDMP) UPDATE Staff reviewed the history of flooding and the risk of future flooding along the Norfolk County resort/coastal communities. Conservation authorities are mandated to develop and maintain programs that will protect life and property from natural hazards such as flooding and erosion. In June 2015, the Board directed staff to apply to the NDMP to obtain updated data for emergency response in low-level, flood-prone areas. The total project cost is $240,000 with $120,000 confirmed by Public Safety Canada provided Norfolk County Council approve $90,000 special levy over two years and a contribution of $12,000, plus in-kind staff time from LPRCA. The deadline to proceed is April 15. Discussion ensued. MOTION A-60/16 moved: D. Beres seconded: R. Chambers THAT LPRCA proceed with the project to update flood hazard mapping and flood risk assessment for the Lake Erie shoreline in Norfolk County, subject to Norfolk County's approval, and THAT the General Manager be authorized to enter into an Agreement with the Ontario Ministry of Municipal Affairs and Housing. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 7 - m) COMMUNICATIONS UPDATE Staff has reviewed the Twitter pilot project and made a number of recommendations to increase/enhance LPRCA's profile on social media channels. Marketing and communications efforts will focus on experiences to be had at the five conservation areas. Additional staff, including park supervisors, will be trained and authorized to post to LPRCA Twitter, Facebook and Instagram accounts during the upcoming camping season in an effort to bring more people to the parks and experience all that LPRCA has to offer. MOTION A-61/16 moved: N. Haydt seconded: D. Beres THAT LPRCA Board of Directors receives the Communications Update as information;and THAT the expanded social media program be approved as presented. CARRIED n) HALDIMAND CAMPSITE HYDRO UPGRADES TENDER Staff recommended accepting the tender received from Darlington Wiring and Plumbing to complete the hydro upgrades at Haldimand Conservation Area. Staff asked that $6500 be transferred from the budgeted Backus water system capital upgrade project to complete a full block of sites at Haldimand. Staff predict that the Backus project will be under budget. It is projected the Haldimand hydro upgrades would be completed prior to park opening May 1st, depending on weather conditions. MOTION A-62/16 moved: N. Haydt seconded: D. Beres THAT the LPRCA Board of Directors accepts the tender submitted by Darlington Wiring and Plumbing Ltd. for campsite upgrades at Haldimand CA for a total submitted tender price of$23,852.92 + HST; AND FURTHER THAT$6500 be re-allocated from capital projects at Backus Heritage CA to the Haldimand campsite upgrades to cover the cost over-run. CARRIED o) LONG POINT REGION WATERSHED CONSERVATION AWARD The Chair recommended the creation of a new conservation award to recognize landowners who provide good stewardship on private lands. The General Manager was directed to provide a report detailing terms of reference and award criteria. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 8 - MOTION A-63/16 moved: L. Bartlett seconded: N. Haydt That the LPRCA Board of Directors does now enter into an "In Camera"session to discuss: a proposed or pending acquisition or disposition of land by the Conservation Authority; CARRIED MOTION A-64/16 moved: D. Brunton seconded: N. Haydt That the LPRCA Board of Directors does now adjourn from the "In Camera"session. CARRIED MOTION A-65/16 moved: D. Beres seconded: L. Bartlett THAT the LPRCA Board of Directors directs staff to proceed with an appraisal, survey and any other required actions regarding the potential donation of said property in Norfolk County as per the GM's in-camera presentation, and bring forward a final acquisition report for the Board's consideration. CARRIED The Chair adjourned the meeting at 9:20pm. Michael Columbus Dana McLachlan Chair Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 9 - ('c OFc'.; 1 3 220 Algonquin Boulevard East, Timmins, ON P4N 1 B3 www.timmins.ca May 4, 2016 TO: ALL ONTARIO MUNICIPALITIES Dear Sir/Madam: Re: City of Timmins Resolution — Regulate Gas Prices in Ontario Attached hereto please find a certified true copy of City of Timmins Resolution 16-154 passed on April 27, 2016 for your review and support. If your municipality supports this resolution, please forward a copy of your resolution to the City of Timmins. Thank you. Yours truly, 'Ve-'"''(--------- STEPH PALMATEER, AMCT City Clerk SP/jc rl trif TIMMINS E , I J'Y TIENS. OFFICE OF THE CITY CLERK Telephone: (705)360-2602 Fax: (705)360-2674 E-mail: steph.palmateer(Qtimmins.ca The Corporation of the City of Timmins RESOLUTION Councillor Wawrzaszek Moved by 16-154 Councillor Doody Seconded by Whereas the price of fuel is critical to the day to day cost of living for all residents of Ontario; And Whereas the price of fuel plays a large role in establishing a competitive business climate; And Whereas some regions in Ontario have consistently experienced higher fuel costs that go beyond the cost difference of transporting fuel; And Whereas the fuel sales industry is quick to raise fuel prices as the price of oil increases but fuel prices do not adjust as quickly when the price of oil decreases; And Whereas history has shown that fuel prices increase for long weekends and holidays; And Whereas the Province of Ontario has the ability to regulate fuel prices; Now Therefore Be it Resolved that Council for the City of Timmins hereby petitions the Government of Ontario to regulate fuel prices to the levels that are affordable and profitable as in jurisdictions within Ontario that have lower fuel prices; Be it Further Resolved that this resolution and the background information are forwarded for support to all Municipalities in Ontario; And Further That all resolutions of support are returned to the City of Timmins for submission to the Premier of Ontario, the Minister of Finance, the Association of Municipalities of Ontario, Timmins -James Bay MPP Gilles Bisson and the Ontario Good Roads Association. CARRIED. CERTIFIED TRUE COPY OF RESOLUTION 16-154 YEAS NAYS MAYOR f(re7L__ S. Black COUNCILLORS Steph_Palmadteer, City Clerk arae P. Bamford J.Campbell Defeated M. Doody R. Dubeau A.Grzela Deferred or Tabled A. Marks _ N. Rinaldo Date April 27, 2016 W.Wawrzaszek 1 Price Diff in fluctuation Ontario Regular Unleaded Gasoline Prices//Prix de('essence ordinaire en Ontario-2016(cents/litre) highlighted (1st date+/- Source:http://www.energy.gov.on.ca/en/fuel-prices/?fuel=REG&yr=2016 prices 2nd date) r N/s Date Ottawa Tor W Tor E Windsor London Sudbury SS Marie Thdr Bay Nrth Bay Timmins ON Avg S. Avg N.Avg Diff. 04-Jan 89.5 101.8 100.5 92.3 92.8 104.4 103.9 104.4 98.8 107.9 98.2 97.5 103.9 -6.4 11-Jan 86.5 92.9 94.2 93.8 87.7 102.4 101.9 1003 97.6_ 107.1 92.7 91.6 101.5 -10 15 8 13 15 18-Jan 83.4 92.8 91.4 86 84.8 94.4 100,9 99.8 96.4 103.9 90.3 89.3 98.2 -8.9 13 25-Jan 84.6 94.8 93.4 83.8 85.4 91.4 98.4 94.6 93.1 99.9 91.2 90.7 94.5 -3.7 16 01-Feb 81.5 94.8 92.5 82.4 86.5 95.4 97.9 90.9 97 98.9 90.4 89.8 94.9 -5.1 08-Feb 76.9, 90.4 87.8 83.7 79.8 93.4 97.9 89.5 94.4 97.7 86.3 85.4 93.4 -8.1 21 20 16-Feb 87.5 91.8 89.4 80.5 81.4 92.8 95.9 86.7 92.6 93.9 88.9 88.5 91.5 -3 22-Feb 84.6 87.8 86.2 81.3 78.9 93.4 95.9 86.7 91.6 97.1 86.2 85.4 91.9 -6.5 29-Feb 86.5 89.8 87.9 76.8 79.7 92.4 95.9 93.2 90.8 96 87.6 86.9 93.3 -6.4 j 07-Mar 87 91.3 89.2111.111 80.8 91.4 95.9 92.6 96 88.4 87.8 92.7 -4.911 1111111110 14-Mar 91.5 95.3 93.7 85.7 85.9 94.4 95.9 99 89.4 99.9 93 92.6 95.9 -3.3 21-Mar 91 94.3 92.7 84.4 85.9 97.3 95.9 104 89.2 102.9 92.5 91.8 98.6 -6.8 28-Mar 95.4 99.3 97.9 84.2 89.5 97.4 103.9 104 89.2 102.7 96.7 96.3 99.9 -3.6 04-Apr 94.9 98.3 97.2 88.5 95.4 102 100 102 96.2 96 97.5 -1.41114- 11-Apr, 98,2 102.3 100.6 91.1 92.5 95.5 99.9 100 94.8 102 99.2 99.4 98,1 t.3 1 0 5 18-Apr 99.6 102.2 101.5 95.9 92.7 106.4 106.9 106.9 99.2 111.5 100.9 100.2 106.1 -5.9 25-Apr 100.9 104.3 103 95.3 103.8 106.4 106.9 106.9 98.9 110' 103 102.6 106 -3.3 3 Year 89.4 95.5 94.1, 86,1 86.9 96.7 99.8 97.6 93.6 101.7 93 92.5 97.5 -5.1 _ �, Note: Retail pump prices are a mix of full-serve and self-serve prices. Prices include all applicable taxes.//Note : Les prix de detail , repre sentent un echantillon de stations avec et sans service et incluent toutes les taxes applicables. Comparing the blue highlighted prices-On March 7, 2016 price of gas in Windsor was 74.2c/L and in North Bay 90c/L for a difference of 15 cents. Less than a month later,on April 4, it became cheaper to buy gas in North Bay as price of gas in Windsor was 92.5c/L and tke price in North Bay, 87.9c/L.The price of gas between the two municipalities have fluctuated by 21 cents in less than a month. Comparing the purple highlighted prices-On Jan 11,Toronto East was 94.2c/L and Sudbury 102.4c/1. Price fluctuated by 13 cents by April 11 where Toronto East paid 100.6c/L and Sudbury paid 95.5c/L Comparing the averages between Northern and Southern municipalities of Ontario in red font On Jan 11 it was cheeper, on average,to buy gas in Northern Ontario than it was to buy gas in Southern Ontario - Logical? Price Regulation The Canadian government has constitutional authority to regulate gasoline prices only in an emergency. However, provinces and territories can regulate prices, and Quebec and the Atlantic provinces do so. Provinces regulate gasoline prices to reduce price volatility -- high up or down price changes -- and to protect small independent retailers. Quebec Quebec sets minimum prices weekly based on its estimate of the acquisition cost of gasoline. The price includes an estimate of transportation costs and can include a minimum retail margin at the discretion of the regulating body, the Regie de l'energie du Quebec. New Brunswick In New Brunswick, the Energy and Utilities Board sets the maximum price every Thursday based on a formula that links the price to the New York Harbour price, with allowances made for other factors such as retail margins. No minimum price is set. Nova Scotia Nova Scotia also uses New York Harbour spot prices to set a benchmark price. Wholesale prices are set 6 cents a litre higher than the benchmark, and a transportation allowance is included in the price, ranging from 0.2 to 2.0 cents per litre, depending on the zone. Retailers are allowed a margin of 5.5 cents per litre and cannot sell below a margin of 4 cents per litre. Prince Edward Island In Prince Edward Island , prices are set by the Island Regulatory Appeals Commission. The Commission has full discretion in setting prices and tracks a wide variety of trends in determining the price level. In practice, it also uses New York Harbour prices to drive changes in the regulated price. Prices on the New York Mercantile Exchange (NYMEX) are averaged over a two week period and the new maximum and minimum prices are usually announced on the first and 15th of every month. Wholesalers have the right to apply for a decrease in their wholesale price. In theory, this could result in different prices from one brand to another. In practice, any such differences are rare and short-lived. Newfoundland and Labrador In Newfoundland and Labrador, the price of gasoline is set by the Board of Commissioners of Public Utilities. The Board sets a benchmark price based on spot market prices and adds on various factors such as wholesale and retail margins, transportation and taxes to arrive at a maximum price. The province is divided into 18 zones to accommodate differing transportation costs. Prices are revised monthly. Background information: Lowest Gasoline Price on Wednesday April 13th via Gasbuddy.com (NEOMA region) (20 cent volatility within region) _Timmins 111.6 Hearst 102.9 Kapuskasing 102.9 Smooth Rock Falls 102.9 Cochrane 102.9 Iroquois Falls 102.9 New Liskeard 92.9 Kirkland Lake 91.9 Other Northern Communities (21 cent volatility compared to Timmins) (15.6 cent volatility within region) Sudbury 105.9 Sault Ste Marie 99.9 Thunder Bay 91.9 North Bay 90.7 Parry Sound 98.6 Kenora 92.9 Sturgeon Falls 92.9 Espanola 90.3 Other communities in Southern Ontario (26 cent volatility relative to Timmins) (13.2 cent volatility within region) Ottawa 98.5 Kingston 97.9 St Catharines 97.9 Hamilton 94.6 Niagara Falls 93.9 Windsor 93.9 Toronto 92.9 London 86.3 St Thomas 86.3 Peterborough 85.6 Sarnia 85.3 Background information: Lowest Gasoline Price on Monday, April 25th via Gasbuddy.com (NEOMA region) (16.6 cent volatility within region) Timmins _ 109.6 Hearst 112.5 Kapuskasing 111.7 Smooth Rock Falls 106.9 Cochrane 109.9 Iroquois Falls 106.9 New Liskeard 96.9 Kirkland Lake 95.9 Other Northern Communities (21 cent volatility compared to Timmins) (13.0 cent volatility within region) Sudbury 104.9 Sault Ste Marie 96 Thunder Bay 91.9 North Bay 94.7 Parry Sound 98.6 Kenora 98.5 Sturgeon Falls 95.4 Espanola 97.3 Other communities in Southern Ontario (26 cent volatility relative to Timmins) (11.2 cent volatility within region) Ottawa 97.9 Kingston 94.9 St Catharines 97.9 Hamilton 98.6 Niagara Falls 98.5 Windsor _ 92.7 Toronto 94.9 London _ 97.9 ST Thomas 95.2 Peterborough 87.6 Sarnia 98.8 ,l(o11b«ll. apace 6Zu iaaduturte The Corporation of the Town of Tillsonburg Date: May 10, 2016 From: Donna Wilson, Town Clerk RE: Bill 180, Workers Day of Mourning Act Please be advised that Tillsonburg Town Council at its meeting held on May 9, 2016, passed the following resolution: THAT the Town of Tillsonburg supports Bill 180, Workers Day of Mourning Act, 2016; AND THAT a copy of this support resolution be sent to MP, Dave MacKenzie, MPP, Ernie Hardeman, AMO, all Ontario Municipalities and the Oxford Regional Labour Council. Carried Should you have any questions or concerns regarding this matter, please do not hesitate to contact me. Sincerely, Donna Wilson Town Clerk Cc: The Honourable MP Dave MacKenzie Sent via email: dave.mackenzie.c1a@parl.gc.ca The Honourable MPP Ernie Hardeman Sent via email: Hardeman@execulink.com Association of Municipalities Ontario Sent via email: amo@amo.on.ca Ontario Regional Labour Council Sent via email oxfordlabourcouncil.gmail.com ONTARIO ENERGY BOARD NOTICE TO CUSTOMERS OF UNION GAS LIMITED Union Gas Limited has applied to dispose of certain account balances and for approval of the amount of its earnings that it must share with customers. Learn more. Have your say. Union Gas Limited has applied to the Ontario Energy Board for approval to dispose of amounts recorded in certain 2015 deferral accounts and for approval of its earnings sharing amount. If its application is approved, Union Gas Limited says that it would have the following impact on typical customers over the six month period from October 1, 2016 to March 31, 2017: • For residential customers in Southern Ontario (Windsor to Hamilton), a charge of $7.13. • For residential customers in all other areas, a charge of$19.47. Other customers, including businesses, may also be affected. THE ONTARIO ENERGY BOARD WILL HOLD A PUBLIC HEARING The Ontario Energy Board (OEB)will hold a public hearing to consider the application filed by Union Gas Limited. We will question Union Gas Limited on its case. We will also hear arguments from individuals and from groups that represent Union Gas Limited's customers. At the end of this hearing, the OEB will decide whether the amounts requested in the application will be approved. The OEB is an independent and impartial public agency. We make decisions that serve the public interest. Our goal is to promote a financially viable and efficient energy sector that provides you with reliable energy services at a reasonable cost. BE INFORMED AND HAVE YOUR SAY You have the right to information regarding this application and to be involved in the process. • You can review Union Gas Limited's application on the OEB's website now. • You can file a letter with your comments, which will be considered during the hearing. • You can become an active participant (called an intervenor). Apply by May 16, 2016 or the hearing will go ahead without you and you will not receive any further notice of the proceeding. • At the end of the process, you can review the OEB's decision and its reasons on our website. LEARN MORE Our file number for this case is EB-2016-0118. To learn more about this hearing, find instructions on how to file letters or become an intervenor, or to access any document related to this case please select the file number EB-2016-0118 from the list on the OEB website: www.ontarioenergyboard.ca/notice. You can also phone our Consumer Relations Centre at 1-877-632-2727 with any questions. ORAL VS. WRITTEN HEARINGS There are two types of OEB hearings—oral and written. The OEB will determine at a later date whether to proceed by way of a written or oral hearing. If you think an oral hearing is needed, you can write to the OEB to explain why by May 16, 2016. PRIVACY If you write a letter of comment, your name and the content of your letter will be put on the public record and the OEB website. However, your personal telephone number, home address and email address will be removed. If you are a business, all your information will remain public. If you apply to become an intervenor, all information will be public. This rate hearing will be held under section 36 of the Ontario Energy Board Act, S.O. 1998 c.15(Schedule B). Subject: Bayham - Request for costing for Police Services At the Town of Aylmer Council meeting held on May 2, 2016, Council considered the attached request from the Township of Bayham and took the following action: Resolution No. 208-16 Moved by Mayor Currie and seconded by Councillor Andrews: That the following actions be taken with respect to the request from the Township of Bayham for costing for the provision of Policing Services to the municipality by the Aylmer Police Service: (a) That this request be deferred until such time as the Town of Aylmer has considered the OPP costing; and (b) Until after the request from the Township of Malahide has been considered by the Town of Aylmer. The motion is carried. Nancie J. Irving, CMO Clerk/Lottery Licensing Officer Town of Aylmer 46 Talbot Street West Aylmer ON N5H 1J7 Ph 519-773-3164 Fax 519-765-1446 Email nirving©town.aylmer.on.ca www.aylmer.ca Subject:Announcing Proposed Changes to the Four Land Use Plans In the spring of 2015,the Ministry of Municipal Affairs and Housing and the Ministry of Natural Resources and Forestry initiated a co-ordinated review of the Growth Plan for the Greater Golden Horseshoe,the Greenbelt Plan,the Oak Ridges Moraine Conservation Plan and the Niagara Escarpment Plan. We are pleased to inform you of the release of changes to these four plans and invite you to provide input.These proposals were informed by the feedback we received from the public, municipalities, Indigenous communities, stakeholders and the Advisory Panel appointed to propose recommendations on how to make the plans better. Please visit our website at www.ontario.ca/landuseplanningreview to find Shaping Land Use in the Greater Golden Horseshoe, a guide to proposed changes to the land use plans and the four proposed revised plans. Information on how to provide input, as well as the dates and locations of public open houses will also be available on our website. The deadline to provide input on the four proposed revised plans is September 30, 2016. We would like to sincerely thank all those who participated in the review so far.We look forward to receiving input on how to further improve the plans and continue to strengthen and support communities across the Greater Golden Horseshoe and Greenbelt. The news release and backgrounder can be viewed here. Best regards, Ted McMeekin Minister of Municipal Affairs and Housing 17th Floor, 777 Bay Street Toronto, Ontario M5G 2E5 Bill Mauro Minister of Natural Resources and Forestry Suite 6630, 6th Floor, 99 Wellesley Street West Toronto, Ontario M7A 1W3 Corporation of the Town of Essex Municipal Resolution on widening Highway 3 to Improve Public Safety MOvED BY: Councilor Sniv=ly RESOLUTION NO. R16-05-180 SECONDED BY: Deputy Mayor Meloche DATE:May 2,2016 WHEREAS the late Bruce Crozier, as Member of Provincial Parliament for Essex from 1993 to 2011, successfully advvcatea for the wiaening of Highway 3 (Bruce Crozier Way)from Windsor to Leamington to address public safety concerns with this stretch of Highway 3. AND WHEREAS two phases of the three-phase highway 3 Road Widening project were completes ay the Ministry of Transportation But the third phase of the Project (covering the stretch of Highway 3 from the Town of Essex to the Town of[eamington) is, based on our understanaing, not currently in their short term planning; AND WHEREAS a number of traffic acciaents have since occurred on the current two-lane stretch of Highway 3 aetween Essex and Leamington,with the most recent fatal accident having occurred on April 27, 2016 just east of County Road 23; AND WHEREAS public safety concerns persist today as it relates to this heavily travelled section of Highway 3 which is a major transportation corridor for industrial, agricultural and commercial trade in Southwestern Ontario• THEREFORE BE IT RESvLVED that the Government of Ontario be called upon to make it a top priority to complete the final phase vt the Highway 3 Widening Project(between Essex and Leamington);and That a copy of this resolution be forwarded to the Ministry of i ransportation, the AMO and to all municipalities within the Province with a request for support. "CARRIED" /40-1 Mayor McDermott Legal & Legislative Services Stephen M. A. Huycke 4771 AL.J1ORA 9k@aur ra.c townclerk@aurora.ca Town of Aurora yovu're ifrt,gal:4 Com 100 John West Way, Box 1000 Aurora, ON L4G 6J1 May 6, 2016 DELIVERED BY E-MAIL ALL ONTARIO MUNICIPALITIES Re: Town of Aurora Council Resolution of April 26, 2016, Re: Item 1(17) Memorandum from Mayor Dawe, Re: Correspondence from MPP Laurie Scott— Proposed Bill 158—Human Trafficking Please be advised that this matter was considered by Council at its Council meeting held on April 26, 2016, and in this regard Council adopted the following resolution: THAT the correspondence from MPP Laurie Scott — Proposed Bill 158 — Human Trafficking be received; and THAT the Town of Aurora supports Bill 158, Saving the Girl Next Door Act, 2016, and supports MPP Laurie Scott's motion for a multi-jurisdictional and coordinated task force of law enforcement agencies, Crown prosecutors, judges, victims' services and frontline agencies; and THAT a copy of this resolution be forwarded to all Members of Provincial Parliament and municipalities. The above is for your consideration and any attention deemed necessary. Yours sincerely, Stephen M. A. Huycke Acting Director of Legal & Legislative Services/Town Clerk The Corporation of the Town of Aurora SMH/sy MUNICIPALITY OF SOUTH DUNDAS t \ 34 Ottawa Street, P.O. Box 740 Morrisburg ON KOC 1X0 613.543.26731 southdundas.com outhdundas.com MOVED BY 4' �, � `4 RESOLUTION NO SECONDED BY DATE April 19, 2016 WHERE AS in the 2016 Ontario Budget, the government of Ontario has suspended current intake of applications to the Rural Economic Development program and has indicated that it plans to integrate the program into the Jobs and Prosperity Fund. WHERE AS the Jobs and Prosperity Fund is narrowly focused and is restricted to private sector organizations and industry partners, which prevents access to funding for rural municipalities and others who formerly benefitted from the Rural Economic Development Program. The emphasis on large projects that meet either of minimum $5 million or $10 million in eligible project costs thresholds, will significantly restrict benefits from this fund. WHERE AS in contrast, the Rural Economic Development Program supported a number of capacity building projects including but not limited `Business Retention and Expansion' and `Downtown Revitalization' projects and Economic Development Strategic Planning projects for small rural municipalities who were looking to improve their local economy. Also of note is that because the Jobs and Prosperity Fund is not specifically designated for rural areas, that funds from this program will likely favour more urban areas of the province. NOW THEREFORE BE IT RESOLVED THAT THE Council of the Municipality of South Dundas asks the government of Ontario to reconsider the suspension of and the integration of the Rural Economic Development Program into the Jobs and Prosperity Fund with the view to ensuring that Rural Economic Development Program stays as an intricate funding program of the Province that will support capacity building and foster economic growth in rural municipalities in Ontario. i MUNICIPALITY OF SOUTH DUNDAS 34 Ottawa Street, P.O. Box 740 11\ Morrisburg ON KOC 1X0 613.543.2673 I southdundas.com -2- BE IT FURTHER RESOLVED THAT this resolution be circulated to all municipal and regional councils in Ontario requesting that they endorse and support this resolution and communicate their support to the Premier and the Minister of Agriculture, Food and Rural Affairs. ❑ CARRIED ❑ DEFEATED ❑ DEFERRED r � MAYOR ✓ Recorded Vote: Mayor Delegarde Deputy Mayor Locke Councillor St. Pierre Councillor Ewing Councillor Mellan Community Development Stream Application Form I page 4 of 17 Step 2 Project Information 2.1 Project Location Unit Number Street Number Street Name PO Box City/Town Region/County Municipality Province Postal Code 2.2 Project Title Project Title Proposed project start date(yyyyimm/dd) Proposed project end date(yyyyrmmfdd) 2.3 Project Category Select only one major project category and one appropriate sub-category from the list below. O Plans or Strategies O Economic development strategic plan 0 Business retention and expansion plan O Downtown revitalization plan P Workforce plan O Community improvement plan O Performance measurement plan 0.Other(specify): O Applied Research and Analysis to Support Planning and Priority Setting O Sector or economic analysis 0':Collaborative research studies or evaluations 0 Feasibility studies(e.g.,new business,investment,incubator or regional economic modeh 0 Market research O Marketing strategies 0 Other(specify): O Business or Sector Development and•Diversification O Business mentoring or training O Regional business database o Sharing best practices O Incubators or business accelerators 0 Business diversification and expansion 0 Business modernization or productivity enhancements 0 New market access 0 Building collaboration and integration along the value chain or cluster O Rehabilitation of cultural,heritage or tourism attractions O Other(specify): 0 Regional Marketing,Promotional and Branding Activities 0 Website development or enhancement O Branding strategies O Promotion,marketing and outreach 0 Other(specify): O Workforce Attraction,Retention and Development O Targeted workforce development(e.g.,youth,newcomers) 0 Leadership development 0 Mentorship 0 Entrepreneur O Training 0 Other(specify): Administration Niagara Region Office of the Regional Clerk b I g 1815 Sir Isaac Brock Way, PO Box 1042,Thorold,ON L2V 4T7 Telephone:905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca May 9, 2016 The Honourable Dr. Jane Philpotts The Honourable Dr. Eric Hoskins Health Canada Ministry of Health and Long Term Care 70 Colombine Driveway 10th Floor, Hepburn Block Tunney's Pasture 80 Grosvenor Street Ottawa, ON K1A OK9 Toronto, ON M7A 2C4 Sent via email: Sent via email: hon.jane.philpott@canada.ca ehoskins.mpp@liberal.ola.org RE: Lyme Disease Minute Item 9.3, CL 6-2016, April 28, 2016 Dear Ministers: Regional Council at its meeting held on April 28, 2016, passed the following resolution: Whereas the number of cases of ticks positive for Lyme disease is increasing throughout Ontario and specifically in Niagara Region; Whereas the laboratory testing for and diagnosis of Lyme disease is sub-optimal; and Whereas there are chronic sufferers of long term consequences of this disease. NOW THEREFORE BE IT RESOLVED: 1. That Niagara Region REQUEST the Province of Ontario to increase funding for research aimed to enhance the testing for Lyme disease; 2. That Niagara Region REQUEST the Government of Canada to increase funding for research aimed to enhance the testing for Lyme disease and determine better treatment for long term outcomes of Lyme disease; 3. That this resolution BE FORWARDED to all Municipalities in Ontario for their endorsement; and 4. That this resolution BE FORWARDED to the Premier of Ontario, the Minister of Health and local Members of Provincial Parliament. ...i2 The Hon. Dr. J. Philpotts and The Hon. Dr. E. Hoskins Lyme Disease May 9, 2016 Page 2 Please do not hesitate to contact me should you have any questions. Yours truly, Quo Ralph Walton Regional Clerk cc: The Honourable K.Wynne, Premier of Ontario Sent via email: kwynne.mpp@liberal.ola.org W. Gates, MPP (Niagara Falls) Sent via email:wgates-co@ndp.on.ca The Honourable R. Nicholson, MP (Niagara Falls) Sent via email:rob.nicholson@parl.gc.ca T. Hudak, MPP (Niagara West) Sent via email:tim.hudakco@pc.ola.org D.Allison, MP (Niagara West) Sent via email: dean.allison@parl.gc.ca The Honourable J. Bradley, MPP (St. Catharines) Sent via email:jbradley.mpp.co@liberal.ola.org C. Bittle, MP (St. Catharines) Sent via email:chris.bittle@parl.gc.ca C. Forster, MPP (Welland) Sent via email: cforster-op@ndp.on.ca V. Badawey, MP (Niagara Centre) Sent via email:vance.badawey@parl.gc.ca All Ontario Municipalities Sent via email Subject: Infrastructure Funding Opportunity-for Arts, Heritage Facilities& Buildings Notice to Ontario Museums—Infrastructure Funding Opportunity As part of the Government of Canada's investment in infrastructure, Budget 2016 has earmarked $168.2 million over two years for the Canada Cultural Spaces Fund (CCSF). The Department of Canadian Heritage, Ontario Region, is now calling for applications to CCSF.There is no formal deadline, but organizations are encouraged to apply by June 30, 2016, since the majority of the additional funds will be allocated early in the two-year period. CCSF supports the improvement, renovation and construction of arts and heritage facilities, including museums. It also supports the acquisition of specialized equipment such as display cases and collections storage equipment. Feasibility studies are also eligible. New in 2016: CCSF can support the design and fabrication of exhibit cases, panels and displays for a museum's permanent galleries. CCSF can provide up to 50% of eligible project costs.The maximum funding per project is$15 million, however many projects supported by CCSF are smaller, with budgets under$1 million. Incorporated not-for-profit museums are eligible to apply, as are municipal and regional governments and their agencies, and Indigenous people's organizations.To be eligible, a museum must have a mandate and key policies related to the collection, preservation, interpretation, research and study, and/or the exhibition of cultural collections which are regularly open to the public. Museums that are regularly open on a seasonal basis are eligible. Potential applicants are invited to review the CCSF guidelines at http://canada.pch.gc.ca/eng/1455203896312/1455204007503 Before applying, contact Canadian Heritage, Ontario Region: Ruth Biderman ruth.biderman@canada.ca 416-954-7970 RECEIVED May 5, 2016 MAY "I "I 2016 MUNICIPALITY BAYHAM Municipality of Bayham PO Box 160, 9344 Plank Road Straffordville, ON NO1 1Y0 ATTENTION: Mr. Paul Shipway Dear Mr.Shipway: This letter is being written on behalf of AREME Chapter No. 15, Order of the Eastern Star,Vienna,ON. AREME Chapter No. 15 has been given a newer piano for use at its regular meetings. We are therefore, asking the municipality's approval for us to move this newer piano into the Vienna Community Centre and onto the stage. It has come to our attention that if indeed we are allowed to bring this piano into the hall,the piano then becomes part of the furnishings of the Vienna Community Centre. There will then be two (2) pianos on the stage. We know from years of usage of the current piano at our meetings,that your piano is in need of extensive (expensive) repairs and maintenance. We therefore thank you for your guidance and expertise in moving forward with this request. Yours very truly, AREME Chapter No. 15 Mrs. Barbara Locker,Secretary z LQ��i4&<1,—ev With the approval of our Worthy Matron Mrs.) Annette Lieghfield,WM, i"1-vGC- J e2 Subject: Ontario Early Years Centre-Summer Park Programs Municipality of Bayham 9344 Plank Road, PO Box 160 Straffordville, ON NOJ 1Y0 To Lynda Millard: The Ontario Early Years Centre would like to obtain park permits to use green space in order to bring our free program "Summer Park Program" into the Straffordville Community Park again this summer. The program would run on Friday mornings commencing Friday July 8 until August 26, 2016 from 10:00- 11:30 am (weather permitting). We bring our own supplies and do not require any special equipment. I have previous spoken with the Municipality of Bayham and it was said that we could have the gates unlocked on Friday morning so that we could drive our van up to the pavilion to unload our program items. By bringing our program to this public area again, we hope to increase exposure to the community so that families can benefit from the programs that we offer. We currently are running a program from Straffordville Library during the school months. If you have any questions or concerns, please contact me at (519) 631-9496. Thank you in advance for your assistance. Sincerely, Carolyn Zwicker Outreach Programs Ontario Early Years Centre—Elgin Middlesex London c.zwicker@communitylivingelgin.com 519-631-9496 „„,,„.,,w ”, , i 46.,_ El ii g May 12, 2016 Mayor Paul Ens Municipality of Bayham 9344 Plank Road, P.O. Box 160, Straffordville, ON NOJ 1Y0 Dear Mayor Ens and Members of Council: Please be advised that Elgin County Council adopted the following resolution at its meeting held on May 10, 2016: "THAT the report titled County Road #55 — Boundary Road Agreement be circulated to the Municipality of Bayham for their concurrence; and, THAT upon concurrence from the Municipality of Bayham, the County Solicitor be directed to prepare a revised boundary road agreement and deliver the draft agreement to Norfolk County for their review. - Carried. (signed) Warden Bernie Wiehle" The boundary road agreement for County Road #55 between the County of Elgin and Norfolk County has expired. Staff from the County of Elgin and Norfolk County have agreed in principle on new terms for a boundary road agreement that will simplify and improve the management of the road. The County of Elgin respectfully requests your concurrence on this matter. A copy of the report titled "County Road #55 — Boundary Road Agreement" is enclosed for ease of reference. Yours truly, ‘`--" C(.,+_.1U/1.,jrU y iip 4 4 - Katherine Thompson, Marketing and Communications Coordinator Enclosure County of Elgin Administrative Services 450 Sunset Drive cc Clayton Watters, Director of Engineering Services St.Thomas,ON N5R 5V1 Phone:519-631-1460 Stephen H. Gibson, County Solicitor www.elgincounty.ca E1ginC .un..1'r Pn.,;tessirlrffzn,z REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Deputy Director of Engineering Services DATE: April 14, 2016 SUBJECT: County Road #55 — Boundary Road Agreement INTRODUCTION: The boundary road agreement for County Road #55 between the County of Elgin and Norfolk County has expired and a new agreement must be prepared to formalize capital and maintenance responsibilities. DISCUSSION: County Road #55 in the Municipality of Bayham exists on the boundary between the County of Elgin and Norfolk County. County Road #55 extends from Lakeshore Line to Heritage Line and is 14.62km in length. The existing agreement has expired however its terms have continued to be practiced. The current arrangement has been for the County of Elgin, through the Municipality of Bayham, to maintain the road as part of the Elgin County road system and to invoice Norfolk County $20,000 annually for this service. As the County's road maintenance agreement with municipalities has evolved over the years, the actual cost of maintaining County Road #55 annually has risen to $62,355 (2015). Therefore, 50% of the maintenance cost sharing should equal $31,178, however, the expired agreement did not account for an escalation in maintenance costs, only a lump sum amount. Capital improvements are currently shared equally, however, both parties must agree as to what work is required, how it is performed and when it is completed. It is often difficult for jurisdictions to synchronize their capital budgets and agree upon project details. Therefore, in order to simplify and improve the management of County Road #55, staff from the County of Elgin and Norfolk County have agreed on new terms for a boundary road agreement in principle. Generally, Elgin County Road #55 would be split into 2 sections, from Lakeshore Line to Calton Line (7.98km) and from Calton Line to Heritage Line (6.64km). The County of Elgin would be responsible for all road maintenance and capital responsibilities on the south section, and Norfolk County would be responsible for the north section. Two larger culverts exist on the south section, proposed to be under the jurisdiction of the County of Elgin's road segment, therefore, any required capital work on this infrastructure would be shared equally by both parties and dictated by the Ontario Structure Inspection Manual. This modified agreement model would allow each road authority to manage their own section of road in the best way they deem fit and at their own terms. Also, the agreement would define responsibilities with certainty and apply legal liability on the jurisdiction in which manages their own section of road only. These proposed changes to the boundary road agreement will reduce the number of County road kilometres maintained by the Municipality of Bayham by 6.64km, and therefore eliminate the responsibilities and costs to maintain this length of road. The Municipality of Bayham's expenses of$28,320 to maintain this section of road would be eliminated thus reducing their annual maintenance allocation by $28,320 creating a net $0 financial impact. The County's cost to maintain its road system would be reduced by $8,320 (2015) calculated from a reduction of payments made to the Municipality of Bayham and the eliminated $20,000 revenue from Norfolk County. Capital costs to manage this asset would remain neutral, however, investments would be dictated solely by Elgin County Council through the capital budget process, without approval from another body. Staff therefore recommends that the County solicitor be directed to prepare a draft boundary road agreement under the terms described in this report to be delivered to Norfolk County for their review. As a courtesy, staff recommends that this report be first circulated to the Council of the Municipality of Bayham for their concurrence. CONCLUSION: The existing boundary road agreement for County Road #55 between the County of Elgin and Norfolk County has expired. The terms of the existing agreement are no longer desirable for both parties and staff from both counties have agreed in principle to new terms to manage the road. A new agreement must be prepared to define responsibilities with certainty, create indemnity and to effectively manage this asset. This agreement's framework will provide a template to be used for other boundary roads that border Elgin County. RECOMMENDATIONS: THAT the report entitled County Road #55 — Boundary Road Agreement be circulated to the Municipality of Bayham for their concurrence; and, THAT upon concurrence from the Municipality of Bayham, the County solicitor be directed to prepare a revised boundary road agreement and deliver the draft agreement to Norfolk County for their review. All of which is Respectfully Submitted Approved for Submission Peter Dutchak Mark G. McDonald Deputy Director of Engineering Services Chief Administrative Officer INXICH.44,z REPORT TREASURY DEPARTMENT • ori'; Awe Op�,o _�o�,�y i'tunity Is TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: May 19, 2016 REPORT: TR-16/16 FILE NO. SUBJECT: 2016 Q1 Variance Report BACKGROUND: The Q1 (first quarter) financial reports are provided for Council's fiduciary review. This report provides a summary of current revenue and expenditure to March 31, 2016 and variances to the Operating Budget. Staff will be providing quarterly variance reports to council. COMMENTS: Capital programs have started and early results are showing departments are on track to meet Capital Budget. CONCLUSION: Operating Budget expenses are at expected levels given the cyclical nature of some operations. Capital expenses have started in most departments, and with an early passed budget permitted department managers to secure competitive pricings and availability of service providers. ATTACHMENTS: 1. Appendix A: 2016 Q1 Operating Revenue and Expense Variance Report. 2. Appendix B: 2016 Q1 Capital Expense Variance Report RECOMMENDATION 1. THAT Staff Report TR-16/16 be received for information; RespectfulV itted Review Lorne Jame c:-', CA •%gip • • Municipality of Bayham Appendix A: 2016 Q1 Operating Revenue and Expense Variance Report 2016 2016 Actuals Budget Consumed Revenues 05.10 General Taxation 901,364 3,878,151 23% 05.20 Other Revenues 268,904 1,138,400 24% 10.10 General Government 9,809 55,750 18% 10.20 Council - 20.10 Fire Services 32,503 13,000 250% -Donation 20.20 Police Services 70,000 0% -POA in April 20.30 Conservation Authority - 20.40 Other Protective Services 17,637 52,000 34% 20.50 Bylaw Enforcement Services 13,847 28,000 49% 25.10 Roads 230,837 448,321 51% -timing of invoicing 25.20 Winter Control 871 12,000 7% 25.40 Street Lights - 30.10 Water 79,454 590,746 13% 30.15 Richmond Water 8,882 53,779 17% 30.30 Waste Disposal 17,922 127,190 14% 30.20 Waste Water 122,181 871,119 14% 35.10 Health Services - 35.20 Cemeteries 887 - 40.10 General Assistance - 45.10 Parks&Recreation 220 2,600 8% 45.20 Straffordville Community Centre 3,670 - -Donations 45.30 Vienna Community Centre 3,130 9,000 35% Eden Community Centre - 45.40 Libraries 16,887 66,500 25% 45.50 Museums 20,100 0% 50.10 Planning,Development&Tourism 24,491 27,000 91% 25.30 Business&Commerce Tourism&Marketing 5,500 0% 50.20 Environmental Services 11,969 0% Capital 131,751 2,501,300 5% -No Richmond Grant,early in capital grant year Expenditures 05.10 General Taxation 2,436 - 05.20 Other Revenues - 10.10 General Government 333,801 1,157,912 29% 10.20 Council 22,834 76,254 30% 20.10 Fire Services 107,682 490,964 22% 20.20 Police Services 10,162 937,181 1% -yet to be billed 20.30 Conservation Authority 75,513 75,513 100% -2016 Paid in Full 20.40 Other Protective Services 22,921 90,606 25% 20.50 Bylaw Enforcement Services 9,543 36,818 26% 25.10 Roads 447,119 1,672,413 27% 25.20 Winter Control 36,913 138,100 27% 25.40 Street Lights 10,326 45,000 23% 30.10 Water 33,610 590,746 6% 30.15 Richmond Water 9,916 53,779 18% 30.20 Waste Water 101,279 871,119 12% 30.30 Waste Disposal 69,038 479,224 14% 35.10 Health Services - 35.20 Cemeteries 1,901 18,000 11% 40.10 General Assistance 4,000 10,000 40% 45.10 Parks&Recreation 13,811 61,601 22% 45.20 Straffordville Community Centre 10,610 37,036 29% 45.30 Vienna Community Centre 14,559 58,286 25% 45.35 Eden Community Centre 3,408 4,690 73% 45.40 Libraries 5,861 66,500 9% 45.50 Museums 5,416 53,023 10% 50.10 Planning,Development&Tourism 21,616 91,585 24% 25.30 Business&Commerce - Tourism&Marketing 10,685 48,500 22% 50.20 Environmental Services 8,519 24,438 35% Capital 92,946 2,790,441 3% -assets still to be purchased Municipality of Bayham Appendix B: 2016 Q1 Capital Expense Variance Report 2016 2016 % Actuals Budget Consumed General Government -Liability Transfer $ 30,000 0% -yet to be booked - Election Reserve Transfer $ 10,000 0% -yet to be booked Fire -Standby Generator $ 20,000 0% -Extrication Hydraulics $ 50,000 0% Roads -Power Washer $ 15,000 0% -Maple Groove Line $ 16,204 $ 50,000 32% -Stafford Road $ 155,000 0% -Libbey Street $ 20,000 0% -Turnarounds $ 80,000 0% -Schafer Road $ 25,507 0% -Sidewalks $ 50,000 0% -Storm Sewer EA $ 15,954 $ 50,000 32% -Guard Rails $ 10,000 0% - B& C Inspection $ 10,000 0% - Road Signs $ 3,000 0% Water -Richmond Distribution $ 1,800,000 0% -on hold till grants Waster Water - Upper Discharge Piping $ 25,000 0% -Equipment Replacement $ 8,300 0% -Storage Building $ 32,000 0% -UV Upgrades $ 3,705 $ 25,000 15% - Process Automation $ 25,000 0% -Manhole Rehabiliation $ 10,000 0% -Pump Equipment $ 41,667 0% Parks -Public Space Recycling $ 30,000 0% -Cornith Pavilion $ 20,000 0% -Transfer to Trail Reserve $ 10,000 0% -yet to be booked Library -PB Concrete Repairs $ 2,000 0% Museum -MM Envelope Repairs $ 5,000 0% Planning -Official Plan Review $ 16,000 0% Facility - Facility Transfer $ 150,000.00 $ 150,000.00 100% -�AYH44? REPORT `' � TREASURY DEPARTMENT Opo 1Co�`,�5 j'tunity Is TO: Mayor& Members of Council FROM: Lorne James, Treasurer DATE: May 19, 2016 REPORT: TR-17/16 FILE NO. SUBJECT: LAS Natural Gas Procurement Program BACKGROUND: Council approved participation in the Electricity Procurement Program with Local Authority Service (LAS). LAS has developed programs to assist municipalities in achieving cost savings on purchases by leveraging savings through group purchasing. For the period January 1, 2015 to December 31, 2015, it is estimated that the Municipality saved $12,000 by participating in the Electricity program. Although the dollar value of natural gas purchases is much smaller than electricity, there are still savings that could be achieved. Municipal staff have reviewed and monitored the program since late 2014 and recommends pursuing the LAS Natural Gas Procurement Program. DISCUSSION Ontario municipalities can choose one of three ways for the supply of natural gas: 1. Standard cubic metre rate as charged to all customers residential and commercial, whereas the cubic metre rate fluctuates on a quarterly basis and is subjective to supply and demand. 2. Natural Gas Retailer Program where users are locked into a 3 to 5 year fixed rate per cubic metre cost. 3. A Retail Contract where the natural gas price is set on November 1 each year and is never fixed for more than one year at a time for the supply of natural gas. (i.e. the program with LAS being recommended in this report.) The Municipality currently purchases natural gas under the standard cubic metre rate, which is delivered by Natural Resources Gas Limited. LAS has developed a natural gas procurement program with Delta (Perimeter) Energy, an Independent Global Energy and Environmental management services company, that currently assists over 173 municipalities and public sector organizations to achieve savings through the bulk purchase of natural gas. The LAS Natural Gas Procurement Program provides Ontario municipalities a more stable option than market rates. LAS follows a 4-year"ladder" purchasing strategy. As a result, the LAS Program lags behind market trends by a few years. For example, market rates fell in 2008 and stayed low until 2013. LAS program rates are still coming down because they took advantage of the 2009 - 2012 periods to buy natural gas for future years. The current (Nov 1. 2015—Oct. 31, 2016) rate is 14.9 cents/m3. Given the large number of purchases LAS has completed for the November 2014, 2015, and 2016 terms, LAS has placed the program in a good position to help the municipalities realize competitive gas rates with improved budget certainty for the next two —three years. Further, the recent utility rate increases of 40% means municipalities not only benefit from better than market rates on the commodity portion of the bill. Spot natural gas prices have traded at near-record lows in recent years, but this is not sustainable; an upward push on natural gas rates has occurred in 2014 and is expected to remain. In this uncertain environment it is important to secure a good natural gas price and have a strategy for the future. Leveraging the commodity management expertise of Delta Energy, LAS offers the LAS Natural Gas Program. This hedging program provides a consistent natural gas price throughout the year, and offer budget stability from year to year, through the use of aggregated program tenders and a combination of fixed and indexed pricing contracts. The LAS Program has been in operation for 20 years, makes a daily purchase volume of 290,000m3 of natural gas and represents more than 3,300 enrolled accounts. The LAS Program benefits are: • Budget Stability - LAS offers a stable annual program rate for all members. • Competitive Rates - Over the longer term, LAS program rates have been very competitive with utility gas rates, while also providing significant member savings during periods of high pricing (i.e. hurricanes, supply disruptions, etc.) • Maximized Purchasing Power leveraging economies-of-scale, LAS hedges a significant portion of each members required gas supply through competitive aggregated tenders. • Price Stability -With natural gas being a commodity that is heavily influenced by market conditions, it is hard to predict where gas prices will fall, but LAS provides Program members with a blended per m3 rate that reflects the cost of all natural gas contracts and expected spot market costs. The LAS program rate is set annually (November 1- October 31). A defined purchasing strategy allows LAS to confidently secure supply for up to four years into the future on behalf of program members. LAS purchases incremental gas contracts at various points each year with a goal of building a total hedge portfolio of 80-90% of program requirements for the current gas year, with remaining consumption settling at prevailing market rates. This approach ensures that LAS can provide competitive pricing to members and also guarantee the program rate for one year intervals. The program administration fee is $0.10 per gigajoule of natural gas purchased —this fee equates to approximately 0.38 cents per m3 — a very small fee compared to other programs available to municipalities. The fee is included in the ABC price that appears on each utility bill so there are no additional bills for program members. This fee covers all LAS administrative, legal costs, professional program management and annual member reporting services. The LAS program provides strategic advice related to purchases, effective program oversight, and ongoing accountability. Regular program oversight is provided by the LAS staff, Delta Energy, and LAS Energy Advisory Committee. LAS offers their service only to Ontario municipalities and the broader Ontario public sector, and do not operate under expectations for profit as do other retailers. This program will provide competitive pricing and it is estimated that there will be a longer term savings for the supply of natural gas for all Municipality facilities. There are several vendors in the de-regulated marketplace selling fixed price contracts. The Municipal/MUSH sector is large enough to support its own dedicated approach to ensure the best program. The needs among members are similar, budget stability, pricing below market value and maximize purchasing power. The proposed LAS program recognizes these needs by providing the same benefit per m3 to every member. RECOMMENDATION 1. THAT Staff Report TR-17/16 re LAS Natural Gas Program Enrolment be received for information; 2. AND THAT Council direct staff bring forward a By-law for consideration to authorize the LAS Natural Gas Procurement Program Agreement Respectful) bm -d, Reviewe;,• ' 40 Lorne Jame-, C'A, CA Pa ,cg% - , CAO iNxICHAAr „00011.1011110% REPORT 4116op o�� CAO poi'tunity jS'C TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: May 19, 2016 REPORT: CAO-37/16 SUBJECT: 2016 GRANT PROGRAM APPLICATIONS BACKGROUND On April 25, 2016 the Association of Municipalities of Ontario (AMO) released a news brief pertaining to the expected 2016 suite of infrastructure funding programs. An excerpt of the same is as follows: The letters provide details on Phase 1 infrastructure funding programs announced in the federal Budget 2016. The letter details federal commitments for: • Federal Clean Water and Wastewater Fund- $570 million to help rehabilitate and upgrade systems. Both funds can be applied toward new construction if the funding can be spent in the next two years. Funding is retroactive to April 1, 2016 and previous announcements have noted that the federal government will provide up to 50 per cent in eligible costs. Our understanding is the provinces will need to continue to contribute their 1/3 share. • Changes to the New Building Canada Fund (NBCF) are being taken to ensure that remaining unallocated funds are spent within the next two years. AMO understands a redefinition of the criteria surrounding highways and roads category to include those with lesser traffic volumes is being proposed, as are expanded project categories to include tourism, culture, recreation, passenger ferries and related infrastructure, and civic assets and municipal buildings. The next step is for the federal and provincial governments is to conclude a funding agreement that reflects the details enunciated today and how these funds can be accessed. AMO expects that the provincial government will engage the association as required under AMO's MOU Agreement with the Province as it works to finalize an agreement with INFC Canada. Any significant developments will be communicated to members as soon as possible. Due to the tight timelines when the grant programs are released to the time the expression of interests are due, staff propose to identify projects for each grant program, based on expected eligibility and funding requirements, so staff can prepare applications and speak with the appropriate branches of government on the same. DISCUSSION The three grant programs identified for application to date are as follows: Ontario Community Infrastructure Fund (OCIF) The OCIF provides funding to support the revitalization and repair of roads, bridges and other critical infrastructure in small, rural and northern communities. The OCIF includes funding in application-based funding and a stable, predictable formula-based funding. The application based component is funded up to 90% Provincially and 10% Municipally. Building Canada Small Communities Fund (SCF) Through the SCF, Ontario and Canada will each provide support to projects in municipalities with populations less than 100,000. Funding is divided 33.3% Federal, 33.3% Provincial and 33.3% Municipal. Federal Clean Water and Wastewater Fund (FCWWF) Funding to help rehabilitate and upgrade systems. The federal government will provide up to 50% per cent in eligible costs. Staff understanding is the provinces will need to continue to contribute their 33.3% share. Under OCIF and SCF, all applications must demonstrate how the proposed project fits within a comprehensive asset management plan (AMP) and the plan itself must be submitted with the full applications. It is believed the same requirement will exist within the Federal Clean Water and Wastewater Fund. This also would be in line with the Infrastructure for Prosperity and Jobs Act, 2015 which requires the consideration of statutory infrastructure planning principles when making infrastructure-related decisions as follows: i. A long-term view as well as demographic and economic trends ii. Applicable budgets and fiscal plans iii. Clearly identified priorities iv. Continuation of the provision of core public services v. Promotion of economic competitiveness, productivity, job creation and training vi. Ensuring health and safety of infrastructure workers vii. Opportunities to foster innovation viii. Evidence-based and transparent decisions ix. Existing plans and strategies such as policy statements and transportation plans x. Promotion of accessibility for persons with disabilities xi. Designs that minimize environmental impact and are resilient to climate change xii. Use of acceptable recycled aggregates xiii. Promotion of community benefits Although the grant project categories are expected to be expanded to include tourism, culture, recreation, passenger ferries and related infrastructure, and civic assets and municipal buildings, staff would respectfully recommend that due to the previous underfunding of key linear asset categories as part of the municipal financial strategy, the municipality not examine those additional project categories until such time as the major linear expenses are funded in current capital budgets. Staff reviewed the potential projects based on expected requirements utilizing previous iterations of the programs including eligibility, health and safety risks (primary evaluation criteria under the programs), priority under the AMP (secondary criteria under the program), and financial impact on the municipality and users. The grant programs limit the number of applications to one per municipality per grant program. Considering all of the above staff would respectfully propose the following projects, further defined below: 1) OCIF - Carson Line Corridor Project 2) SCF - Springer Hill Corridor Project 3) FCWWF - Richmond Distribution System-Bayham Water Meter Upgrades Should the Richmond Distribution System-Bayham Water Meter Upgrades project not be determined to be of high enough usage or the funding model for the FCWWF is not as projected, staff would rework the applications as follows. This would be in line with both attempting to utilize the grant programs to the best outcome from the municipality and also staying within the financial realities of the municipality. 1) OCIF - Richmond Distribution System-Bayham Water Meter Upgrades 2) SCF - Springer Hill Corridor Project 3) FCWWF -Wastewater Rehab The following information is estimated and projected based on funding portfolios. Further refinements may occur through the preparation process. OCIF Project No. 1 — Carson Line Corridor Project The project proposed as Project No. 1 for OCIF is the Carson Line Corridor project and consists of the following components: 1) Removal of Bayham Drive Bridge a. Bayham Drive Bridge Deck placement on Stewart Bridge b. Bayham Drive turnarounds c. Stewart Bridge Repairs 2) Repair of Carson Drive Bridge joints and deck 3) Reconstruction of Carson Line Bridge Approaches 4) Rehabilitation of Carson Line including single coat of tar and chip. Total Project Costs $650,000 Funding Provincial funding $585,000 Municipal funding $65,000 Through the utilization of road construction reserves the municipality currently possesses the required $65,000 to fund the 10% municipal portion of the project. This project is complex and aims to improve capital assets while also reducing the municipal asset portfolio. The genesis of the project is as follows. Replacement of Bayham Drive Bridge is estimated at $500,000. Given the state of the approaches, traffic count and funding available in the capital levy this project is not considered high priority in the multi-year budget and is not likely to be completed. The deck on Bayham Drive Bridge is however still in great condition. The Bayham Drive Bridge deck will fit onto the Stewart Bridge with minor modifications and provide a solid steel deck versus the wood deck currently on the same. To avoid future liabilities this project proposes a proper Environmental Assessment to `close' and remove Bayham Drive Bridge in its entirety. The closure of Bayham Drive leaves Carson Line as the north-south route on the eastern side of the municipality. Repairing Carson Line Bridge and conducting road improvements will ensure a longer life out of the assets. The project as a whole would improve the life of existing assets, remove significant depreciation of assets, and remove assets as a whole from the municipal asset portfolio. As an example this project would move the estimated bridge work portfolio from an expense of$1,212,000 down to $462,000. As part of this project staff would request Council allocate $20,000 from the 2016 Turnaround Capital project to have Spriet Associates commence the Environmental Assessment (EA) and Cultural Heritage Evaluation Report (CHER) for removal of Bayham Drive Bridge. The EA and CHER will require approximately six months to complete, thus leaving the project able to commence in 2017 should it be approved or at any other time in the future should funding be available. Competitive bids on the surveying of turnarounds significantly reduced the expense of the 2016 turnaround capital project. Further licence agreements with private property owners, instead of constructing turnarounds, may further reduce expenditures in the turnaround capital line. Project No. 2— Richmond Distribution System-Bayham Water Meter Upgrades The project proposed as Project No. 2 for OCIF is the Richmond Distribution System-Bayham Water Meter Upgrades. There are health and safety related issues confronting the Municipality that have been identified during the most recent inspection of the system and continue to deteriorate. The engineer has provided a cost estimate of$1,800,000 to replace the current system and meters with a system that will ensure regulatory compliance, significantly improve access for maintenance activities and reliability to consumers. The upgrades will also create a water metering system that is homogeneous in technology and provides the best overall value for the life cycle of the system. This new technology will provide the Municipality with the following goals: 1. Improved efficiency over the current meter reading process. 2. Reduction in the number of work orders related to water metering system. 3. Decrease in the amount of time taken to diagnose and repair issues related to water metering. 4. Increase in the frequency and quality of analytical data to water operations and billing staff. 5. Improvement of customer service by adopting a more proactive approach to water loss monitoring. Total Project Costs $1,800,000 Funding Provincial funding $1,620,000 Municipal funding $180,000 Through the utilization of water reserves the municipality currently possesses the required $180,000 to fund the 10% municipal portion of the project. SCF Project No. 1 - Springer Hill Corridor Project The project proposed for SCF is the Springer Hill Corridor Project. The project would generally include the rebuild of Springer Hill Rd from Glencolin Line to Pressey Line and Eden Line from Springer Hill Rd. to Culloden Rd. This would include drainage, brushing, ditching, pulverization, gravel base and a double coat of tar and chip. The project is estimated at $500,000. Total Project Costs $500,000 Funding Total Project Costs $500,000 Federal funding $166,666.66 Provincial funding $166,666.66 Municipal funding $166,666.67 Through the utilization of road construction reserve the municipality currently possesses the required $166,666.67 to fund the 33.3% municipal portion of the project. (FCWWF) Project No. 1 - Richmond Distribution System-Bayham Water Meter Upgrades The project proposed as Project No. 1 for FCWWF is the Richmond Distribution System-Bayham Water Meter Upgrades. There are health and safety related issues confronting the Municipality that have been identified during the most recent inspection of the system and continue to deteriorate. The engineer has provided a cost estimate of$1,800,000 to replace the current system and meters with a system that will ensure regulatory compliance, significantly improve access for maintenance activities and reliability to consumers. The upgrades will also create a water metering system that is homogeneous in technology and provides the best overall value for the life cycle of the system. This new technology will provide the Municipality with the following goals: 1. Improved efficiency over the current meter reading process. 2. Reduction in the number of work orders related to water metering system. 3. Decrease in the amount of time taken to diagnose and repair issues related to water metering. 4. Increase in the frequency and quality of analytical data to water operations and billing staff. 5. Improvement of customer service by adopting a more proactive approach to water loss monitoring. Total Project Costs $1,800,000 Funding Federal funding $900,000 Provincial funding $594,000 Municipal funding $306,000 Through the utilization of water reserves the municipality currently possesses the required $306,000 to fund the 16.7% municipal portion of the project. Project No. 2 -Wastewater Rehab The project proposed as Project No. 2 for FCWWF is Wastewater Rehab. This project would generally include approximately $3,000,000 of work including relining of: i. 312 sanitary manholes force main and drain chambers ii. pump station valve chambers iii. 8 pump station wet wells iv. 7 air release/drain chambers and v. 1 booster pump chamber Total Project Costs $3,000,000 Funding Federal funding $1,500,000 Provincial funding $990,000 Total Project Costs __$3,000,000 Municipal funding $510,000 Through the utilization of wastewater reserves the municipality currently possesses the required $510,000 to fund the 16.7% municipal portion of the project. Future Applications Staff also considered an application based on substantial rebuild of the Port Burwell Storm Sewer System, however since the EA is currently being conducted and will not be completed until late 2016 staff would respectfully wait until the same is completed before making an application. The Port Burwell Storm Sewer project may be a project which could be partnered with the County for application in 2017. RECOMMENDATION 1. THAT Report CAO-37/16 re 2016 Grant Program Applications be received for information; 2. AND THAT Staff be directed to prepare applications for 2016 Grant Programs as follows: i. Ontario Community Infrastructure Fund (OCIF) - Carson Line Corridor Project ii. Building Canada Small Communities Fund (SCF) - Springer Hill Corridor Project iii. Federal Clean Water and Wastewater Fund (FCWWF) - Richmond Distribution System-Bayham Water Meter Upgrades 3. AND THAT should the Richmond Distribution System-Bayham Water Meter Upgrades project not be determined to be of high enough usage or the funding model for the Federal Clean Water and Wastewater Fund (FCWWF) is not as projected, staff be directed to prepare applications for 2016 Grant Programs as follows: i. Ontario Community Infrastructure Fund (OCIF) - Richmond Distribution System- Bayham Water Meter Upgrades ii. Building Canada Small Communities Fund (SCF) - Springer Hill Corridor Project iii. Federal Clean Water and Wastewater Fund (FCWWF) -Wastewater Rehab 4. AND THAT Council reallocate $20,000 from the 2016 Turnaround Capital project to have Spriet Associates commence the Environmental Assessment (EA) and Cultural Heritage Evaluation Report (CHER) for removal of Bayham Drive Bridge. Respectfully Submitted by: Paul Shipway CAO THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z648-2016 GO PRO HOME SOLUTIONS INC. BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003,AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule"I", Port Burwell by changing the zoning from Institutional (I) to Central Business Commercial (C1), which lands are outlined in heavy solid lines and marked Cl on Schedule"A"to this By-law,which schedule is attached to and forms part of this By-law. 2) 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 TIME THIS 19th DAY OF MAY 2016. READ A SECOND TIME THIS 19th DAY OF MAY 2016. READ A THIRD TIME AND FINALLY PASSED THIS 19th DAY OF MAY 2016. MAYOR CLERK k r.---------„... Y SEE SCHEDULE A-MAP No 14 V ( SEE SCHEDULE A-MAP No.13 t' �� a: P L ,s K.-,- ` Qt p sf r � Gs v C w/ d �— I "Lr LI ` .. ' SEE INSET MAPS 9 w._ it a --.._ INSET MAP _.. - ,. _ .`^_ p,- :. a" z•- '_�t 'w_r� . .v�._ _.v ...... yam ,. ....., HANNAH ST T ® ! ..fYATFFLOG ST ....., Kia',, ..+ l W , Cl.: -.— "' �. (/�� ' k 1 __ _ ` Z ... LtNGTGN STI / ,,,� _, il i ® aF k. / N, This is Schedule"A"to By-law m' a No.Z648-2016,passed the '' )/ /9)/A--day of/1(/t 2016 W. Vagg' '^•""m 1 - — 1 ' .„, . -, — V- — — Mayor Clerk MUNICIPALITY OF BAYHAM Legend SCHEDULE I 0 zBL" l 2 LPRCA Regulation Limit 0 100 200 400 PORT BU RWELL M"ez ZONING BY-LAW Z456-2003 CONSOLIDATED JAN 8,2016 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2016-040 BEING A BY-LAW TO AUTHORIZE THE WRITEOFF OF TAXES WHEREAS Section 354 (2) (a) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the treasurer of a local municipality shall remove unpaid taxes from the tax roll if the council of the local municipality, on the recommendation of the treasurer, writes off the taxes as uncollectible, and; WHEREAS Section 354 (3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a local municipality may only write off taxes under clause (2) (a) after an unsuccessful tax sale under PART XI has occurred, and WHEREAS unsuccessful tax sales have taken place under Part XI of the Municipal Act, 2001, S.O. 2001, c.25 for the properties set out in Schedule "A", and; WHEREAS the Council of the Municipality of Bayham deems it necessary to write off the taxes as uncollectible for the said properties set out in Schedule "A"; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the taxes on the properties set out in Schedule 'A' be written off as uncollectable. 2. THAT this by-law shall come into force and effect upon its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 19th Day of May 2016. MAYOR CLERK By-law 2016-040 -2- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-040 Schedule "A" Property Municipality County School Bayham Bayham Total Roll Number of Bayham of Elgin Boards Water Sewer Reserve Reserve 3401-004-001-03400 12,211.33 3,063.46 3,893.16 844.98 464.10 20,477.03 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-043 A BY-LAW TO AUTHORIZE THE NATURAL GAS PROCUREMENT PROGRAM IN PARTNERSHIP WITH LOCAL AUTHORITY SERVICES (LAS) WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a Natural Gas Procurement program in partnership with Local Authority Services (LAS)., a subsidiary of the Association of Municipalities of 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 an Agency Appointment and Retainer Agreement attached hereto as Schedule "A' and forming part of this by-law with Local Authority Services recognizing that as an agent, LAS will negotiate all required natural gas purchases on behalf of all procurement program members and that the details of all contracts will be then communicated to all program members; 2. AND THAT the authority to make all future program-related decisions for the Corporation of the Municipality of Bayham be delegated to: 1) Lorne James, Treasurer 2) Paul Shipway, CAO 3. AND THAT Council authorizes Local Authority Services, through its appointed agent, to have access to consumption data from the local natural gas utility on an as needed basis, in order to compile load profile information for the procurement program and bill all enrolled accounts. 4. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th DAY OF MAY 2016. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-046 A BY-LAW TO AUTHORIZE THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND RANDALL MACK BREYER IN ASSOCIATION WITH THE PROPERTY LOCATED AT 6209 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 6209 Plank Road, Vienna, Ontario for purposes associated with the Edison Museum of Vienna. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1 . THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between the Municipality of Bayham and Randall Mack Breyer, to rent the premises located at 6209 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 19TH DAY OF MAY 2016. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016 — 047 SITE PLAN CONTROL BY-LAW Being a bylaw designating the area within the territorial limits of the Municipality of Bayham as subject to site plan control pursuant to the provisions of the Planning Act and otherwise establishing regulations and procedures for obtaining approval for development within the said Municipality of Bayham as an area subject to site plan control. WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS, in the Official Plan for the Municipality of Bayham, the whole of the Municipality of Bayham is described as a site plan control area; AND WHEREAS Section 41 of the Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval; AND WHEREAS Section 41 of the Planning Act, as cited above, also provides that the Council of the Municipality of Bayham may define any class or classes of development that may be undertaken without approval; AND WHEREAS the Council of the Municipality of Bayham has decided to repeal By-Law No. 2005-61, as the previous Site Plan Control By-Law, and replace that by-law with the within by- law; THEREFORE the Council of the Municipality of Bayham, pursuant to section 41 of the Planning Act, as cited above, enacts as follows: 1.0 Interpretation 1. The following rules apply to interpretation of this by-law: (1) Unless otherwise defined, the words, terms, and phrases used in this by-law have their normal and ordinary meaning. (2) For purposes of interpretation only, the Legislation Act, 2006, S.O. 2006, c. 21, Sched. F, as amended, applies to this by-law. (3) Despite the tense used in a provision: (a) Every provision of this by-law is to be applied to the circumstances as they exist at the relevant time in question; and 2 (b) Every obligation imposed by this by-law is a continuing one so long as either the use, the circumstances, the reason for the obligation, or the events which caused, precipitated, or gave rise to the obligation continue. (4) This by-law may be cited by its long title, its short title, or by its by-law name and any citation is to be taken as meaning the by-law as amended. 2.0 Definitions 2. (1) In this by-law, unless a contrary intention is expressed: (a) "Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended. (b) "Board" means the Ontario Municipal Board. (c) "Corporation" means the Corporation of the Municipality of Bayham. (d) "Council" means the Municipal Council of the Corporation. (e) "Development" means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164 (4) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of the Planning Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46 (1) of the said Planning Act but provided that the said definition of "development" does not include the placement of a portable classroom on the school site of a local school board if the school site was in existence on January 1, 2007. (f) "Official Plan" means the Official Plan of the Municipality of Bayham, as amended from time to time. (g) "Property", including any portion thereof, means the land upon which development is proposed and to which the provisions of this by-law apply. (2) For the purposes of the definition of"Development" as set forth in section 2 (1) (e) above: (a)an addition or alteration to a building or structure which substantially increases the size thereof shall mean: (i) save and except for buildings or structures within an industrial zone as designated by the provisions of the Bayham Zoning By-Law Z456-2003, as amended, or any successor by-law thereto, an increase of more than 20% of existing gross floor area; and 3 (ii) for buildings or structures within an industrial zone as designated by the provisions of the Bayham Zoning By-Law Z456-2003, as amended, or any successor by-law thereto, an increase of more than 30% of existing gross floor area. (b) an addition or alteration to a building or structure which increases the usability thereof shall mean any addition or alteration to a building or structure which results in a change in the use of that building, structure or property, and includes an addition or alteration which would; (i) result in a change in the volume, intensity, or nature of noise, lighting, odor, and/or vibration generated on the property; (ii) alter the ingress to or egress from the property or a portion thereof; (iii) alter the traffic flow on or around the subject property, or a portion thereof, including but not limited to construction and installation of a "drive-thru" laneway; (iv) alter parking requirements and/or facilities for the property or a portion thereof; (v) alter hours of operation for the use or uses of such property or portion thereof; (vi) alter lot grading and/or drainage patterns, including but not limited to drainage and disposition facilities and installations, for the property or a portion thereof and which interpretation specifically applies to the alteration of the surface treatment and permeability of an existing parking lot or parking area. 3.0 Area/Development Subject to Site Plan Control 3. (1) Site Plan Control Area The whole of the Municipality of Bayham, as constituted from time to time, is hereby designated as a site plan control area. (2) Exempt Classes of Development The following classes of development may be undertaken without the approval of plans and drawings otherwise required under subsections 41 (4) or 41 (5) of the Act, and this by-law does not apply to such classes: (a)Farm buildings and structures; (b)Agricultural and farm-related buildings, structures, building additions, or building alterations that are utilized in farming operations, but not including commercial wind farm operations, grain drying operations, agricultural-commercial or industrial operations such as farm equipment sales and service, farm supply sales and agricultural storage, service or supply establishments. 4 (3) Application to Residential Dwellings Any residential dwelling other than single-detached, semi-detached, and duplex dwellings shall be subject to site plan control. The application of site plan control measures for such uses is limited to such matters as controlling the location of access, parking, grading and drainage. 4.0 Application For Approval of Development 4. (1) Every application for a permit to construct a building or structure or an addition or alteration to a building or structure shall be accompanied by the following plans, specifications, documents, information, and items: (a) The plans referred to in section 41 (4) (a) of the Act, as excerpted on Schedule "A" to this by-law, 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 with the building or structure and all the facilities, works, and matters otherwise referred to in section 41 (7) (a) of the Act; (b) The drawings referred to in section 41 (4) (2) of the Act, as excerpted on Schedule "A" to this by-law; provided at all times that the following matters need not be addressed in such drawings as they are not subject to site plan control: (i) Interior design. (ii) Layout of interior areas, excluding interior walkways, stairs, elevators and escalators as referred to in section 41 (4) (2) (c) of the Act. (iii) The manner of construction and standards for construction. (c) One or more agreements with the Corporation in the form attached as Schedule "B" to this by-law dealing with the provisions and maintenance of the development to be provided in conjunction with the building or structure and the facilities, works, and other matters mentioned in section 41 (7) of the Act, as excerpted on Schedule "A" to this by-law, and in accordance with the plans and drawings approved pursuant to the Act and this by-law. (d) Where required under an agreement referred to in section 4 (1) (c) above, security, in the form of cash, certified cheque, or letter of credit, to protect the Corporation in respect of its liability for holdback and costs pursuant to section 17 (4) of the Construction Lien Act, R.S.O. 1990, c. C. 30, as amended, and to assure satisfactory provision and maintenance of the facilities and works to be provided in conjunction with the building or structure and the facilities, works, and other matters mentioned in section 41 (7) of the Act and in accordance with the plans and drawings approved pursuant to the Act and this by-law. The amount of security will be established by the Corporation and will be based primarily upon the estimated cost of alterations to public property, roadways, curbs, gutters and drains, and any repairs for damages to public property, roadways, curbs, gutters and drains, plus all site-specific components as 5 identified on Site and Site Servicing Plans, as submitted and approved with a minimum deposit of$1000.00. (e) By cash or bank draft payable to the Corporation, payment of the requisite fee as specified in the Rates and Fees By-Law for the Corporation. 5.0 Conditions to Approval of Development/Plans 5. As a condition to the approval of the development, including plans and drawings referred to in section 41 (4) of the Act and as otherwise anticipated in section 4. 0 above, the owner of the property, or portion thereof, shall be required to: (1) In accordance with this by-law and at no expense to the Corporation, provide the facilities, works, or other matters referred to in section 41 (7) (a) of the Act, excerpted in Schedule "A" to this by-law, and otherwise approved by Council pursuant to this by-law; and (2) In accordance with this by-law and at the sole risk and expense of the owner of the property, or portion thereof, maintain the facilities, works, and other matters as identified in items 2 to 9 (inclusive) of section 41 (7) (a) of the Act, as excerpted in Schedule "A" to this by-law, and as otherwise approved by Council pursuant to this by-law, at all times including the removal of snow from access ramps and driveways, parking and loading areas, and walkways. (3) In accordance with this by-law, at the sole risk and expense of the owner, and in circumstances to which section 41 (8) of the Act apply, provide evidence of proper notification, review and approval of plans by the upper tier municipality, satisfaction of the requirements of the upper tier municipality in respect of items listed in section 41 (8)(a) of the Act, a photocopy of any agreement or agreements required by the upper tier municipality in respect of items listed in section 41 (8)(b) of the Act, and acceptable evidence of conveyance of land in respect of the item set forth in section 41 (8)(c) of the Act. 6.0 Exercise of Authority to Approve 6. The exercise of the Authority to approve as contemplated by this by-law is subject to the following: (1) Council shall approve the application contemplated by section 4.0 hereof, including plans and drawings referred to in section 41 (4) of the Act, excerpted in Schedule "A" to this by-law, except where: (a) The proposed facilities, works or matters depicted on the plans and drawings do not comply with any applicable policy or policies of the Official Plan or the provision or provisions of any applicable Zoning By-Law regulations; or (b) The application contemplated under section 4.0 of this by-law, including payment of applicable fees, is incomplete. (2) As a condition to the approval of plans and drawings referred to in section 41 (4) of the Act, Council may require that the owner of the property, or a portion thereof, 6 enter into one or more agreements as provided for in section 4 (1) (c) of this by- law. (3) The Authority contemplated to be exercised pursuant to subsections 41 (7) (b) and (c) of the Act with respect to any of the facilities, works, or matters referred to in section 41 (7) (a) of the Act shall be exercised by Council on the advice of staff of the Corporation. (4) The provisions of the Official Plan and Zoning By-Law shall be applied in each circumstance as it arises with such variations or modifications as the circumstances may require so long as each applicable provision is given effect according to its true intent and purpose. (5) The form or wording of the precedent agreement attached as Schedule "B" hereto shall be used in satisfaction of the requirement of sections 4 (1) (c) and 6 (2) herein, subject to such variations or modifications as circumstances may require and only so long as the substance of any provision thereto is not changed or affected and, furthermore, any variance thereto, not being in the manner or nature of substance, does not affect the regularity of the Agreement or any part or section thereof. 7.0 Lapsing of Approval 7. Any approval by Council of an application as contemplated hereunder, including plans and drawings referred to in section 41 (4) of the Act, lapses, (1) Where a building permit is required for the development: (a) at the expiration of one (1) year from the date of approval if, within that one (1) year period, no building permit is issued for the development; (b) If a building permit is issued for the development but the owner of the property, or a portion thereof, has not commenced construction within one (1) year of the date of issuance of such building permit or, alternatively, if construction of the development has not been completed within two (2) years of the date of issuance of such building permit; or (c) Upon the revocation at any time of any building permit issued for the development. (2) Where no building permit is required for the development, the owner of the property has failed to commence construction within one (1) year of the date of site plan approval or, alternatively and although commenced within one (1) year of the date of site plan approval, construction of the development has not been completed within two (2) years of such date of site plan approval. (3) In all cases, the lapse of an approval granted pursuant to this by-law is effective only upon written notice revoking the approval by Council to the owner of the property or, where an agreement has been executed and registered as against title to the property, including a portion thereof, upon registration of a notice that the approval is revoked and the agreement is terminated. 7 8.0 Failure of Council to Act/ Appeal to the Ontario Municipal Board 8. Where Council does not approve the application contemplated by section 4.0 hereunder and/or the plans and drawings referred to in section 41 (4) of the Act within thirty (30) days after submission to the Corporation for approval or, alternatively, where the owner of the property is not satisfied with any one or more of the requirements made by Council pursuant to this by-law and section 41 (7) of the Act, including but not limited to the terms of a site plan control agreement, the owner of the property may, by written notice to the Secretary of the Ontario Municipal Board and the Clerk of the Corporation as well as submission of the filing fee specified in the Rates and Fees By-Law for the Corporation, request that the decision of Council, including as to approval or denial of the subject application and/or details of all plans and drawings as submitted or, furthermore or alternatively, the requirements or provisions of any site plan control agreement that the owner of the property finds unsatisfactory, be referred to the Board and the Board shall hear and determine all matters in issue in respect of such development, application, plan, drawings and agreement in accordance with its jurisdiction, authority and powers, providing at all times that the decision or decisions of the Board shall, at all times, be final. 9.0 Executive Acts Authorized 9. The Mayor and the Clerk of the Corporation are hereby authorized to execute on behalf of and under the seal of the Corporation any document necessary to give further effect to the provisions of this by-law. 10.0 Development Without Approval 10. Every person who, without having first obtained Council approval pursuant to this by-law, including as to all plans and drawings for development of the property or a portion thereof, undertakes any development, or part thereof, on the property, contravenes section 41 of the Act and thereby commits an offence pursuant to section 67 thereof. 11.0 The Failure to Provide or Maintain Facilities, Works, or Other Matters 11. Every person who undertakes any development on property located in the site plan control area as designated by this by-law without providing and/or maintaining any of the facilities, works, or matters mentioned in section 41 (7) (a) of the Act and that are required by Council of the Corporation pursuant to the said section 41 of the Act and the provisions of this by-law contravenes the said section 41 of the Act and thereby commits an offence pursuant to section 67 thereof. 12.0 Failure to Enter Into Agreement 12. Every person who undertakes any development on property located within the site plan control area designated by this by-law without first entering into one or more agreements with the Corporation addressing or otherwise providing for the provision or maintenance of any facilities, works, or other matters and as required by the Corporation as a condition to the approval of development, plans, and drawings in accordance with sections 4 (1) (c) and 6 (2) hereof and section 41 of the Act contravenes the said section 41 of the Act and thereby commits an offence pursuant to section 67 thereof. 8 13.0 Penalty Upon Conviction 13. In addition to any penalty provided for at law for commission of an offence contrary to the Act, every person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and is liable to any penalty as provided for pursuant to the Act. 14.0 Facilities, Works, or Other Matters Undertaken By Municipality 14. In default of an owner of property, in the future, providing or maintaining any one or more of the facilities, works, or other matters that are to be provided in conjunction with all buildings and structures to be erected under approval of Council granted hereunder or that are otherwise referenced in section 41 (7) (a) of the Act and that are required by the Corporation as a condition to the approval of plans or drawings referred to in section 41 (4) of the Act, the Council may by resolution direct that such facilities, works, or matters, or any part thereof, shall be provided or maintained by or on behalf of the Corporation at the sole risk and expense of the owner of the property and the expense incurred in doing so shall be recovered from the owner by any means or process available at law, including but not limited to: (1) by use of any cash or security bonds furnished by the owner of the property to the Corporation pursuant to this by-law; (2) by action in any court of competent jurisdiction in the Province of Ontario; (3) in a like manner as municipal taxes, as authorized by the Municipal Act, 2001, S.O. 2001, c. 25, as amended, and in particular section 446 thereof; (4) in annual instalments payable by the owner of the property, with interest, not to exceed ten (10) years. 15.0 Schedules 15. Schedules "A" and "B" form part of and are incorporated within this by-law. 16.0 Repeal 16. By-law No. 2005-061 for The Corporation of the Municipality of Bayham, entitled Site Plan Control By-Law, is hereby repealed. READ A FIRST AND SECOND TIME THIS 19th DAY OF MAY, 2016. READ A THIRD TIME AND FINALLY PASSED THIS 19th DAY OF MAY, 2016. MAYOR CLERK 9 SCHEDULE "A" Excerpts from Planning Act Sections 41 (1), 41 (4), and 41 (7) Planning Act,R.S.O. 1990, c. P.13 I Ontario.ca Page 1 of 5 Site plan control area 41. (1) In this section, "development"means the construction,erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof,or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164(4)of the Municipal Act, 2001 or subsection 3(1)of the City of Toronto Act, 2006,as the case may be,or of sites for the location of three or more mobile homes as defined in subsection 46(1)of this Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46(1)of this Act. R.S.O. 1990, c.P.13,s.41 (1); 1994,c.4,s. 14;2002,c. 17,Sched. B,s. 14(1);2006,c.32,Sched. C,s.47(8). Exception (1.1)The definition of"development"in subsection(1)does not include the placement of a portable classroom on a school site of a district school board if the school site was in existence on January 1,2007. 2006,c.23, s. 16(1). Establishment of site plan control area 12)Where in an official plan an area is shown or described as a proposed site plan control area,the council of the local municipality in which the proposed area is situate may, by by-law,designate the whole or any part of such area as a site plan control area. R.S.O. 1990,c. P.13,s.41 (2). Designation of site plan control area (8_.)A by-law passed under subsection(2)may designate a site plan control area by reference to one or more land use designations contained in a by-law passed under section 34. R.S.O. 1990,c. P.13,s.41 (3). Consultation (3.1)The council, (a)shall permit applicants to consult with the municipality before submitting plans and drawings for approval under subsection(4);and (b) may, by by-law, require applicants to consult with the municipality as described in clause(a). 2006,c.23, s. 16(2). Approval of plans or drawings (4)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),including facilities designed to have regard for accessibility for persons with disabilities. 2.Drawings showing plan,elevation and cross-section views for each building to be erected,except a building to be used for residential purposes containing less than twenty-five dwelling units,which drawings are sufficient to display, (a)the massing and conceptual design of the proposed building; (b)the relationship of the proposed building to adjacent buildings,streets,and exterior areas to which members of the public have access; (c)the provision of interior walkways,stairs,elevators and escalators to which members of the public have access from streets,open spaces and interior walkways in adjacent buildings; (d) matters relating to exterior design,including without limitation the character,scale,appearance and design https://www.ontario.ca/laws/statute/90p13 2/14/2016 Planning Act,R.S.O. 1990, c. P.13 I Ontario.ca Page 2 of 5 features of buildings,and their sustainable design,but only to the extent that it is a matter of exterior design,if an official plan and a by-law passed under subsection(2)that both contain provisions relating to such matters are in effect in the municipality; (e)the sustainable design elements on any adjoining highway under a municipality's jurisdiction,including without limitation trees,shrubs, hedges,plantings or other ground cover,permeable paving materials,street furniture,curb ramps,waste and recycling containers and bicycle parking facilities, if an official plan and a by-law passed under subsection(2)that both contain provisions relating to such matters are in effect in the municipality;and (f)facilities designed to have regard for accessibility for persons with disabilities. R.S.O. 1990,c.P.13,s.41 (4); 2002, c.9,s.56(1);2006,c.23, s. 16(3,4);2009,c.33,Sched.21,s. 10(9). Exclusions from site plan control (4.1)The following matters relating to buildings described in paragraph 2 of subsection(4)are not subject to site plan control: 1.Interior design. 2.The layout of interior areas,excluding interior walkways, stairs,elevators and escalators referred to in subparagraph 2 (c) of subsection(4). 3.The manner of construction and standards for construction. 2006,c.23,s. 16(5). Dispute about scope of site plan control (4.2)The owner of land or the municipality may make a motion for directions to have the Municipal Board determine a dispute about whether a matter referred to in paragraph 1 or 2 of subsection(4)is subject to site plan control. 2006, c.23, s. 16(5). Final determination (4.3)The Municipal Board's determination under subsection(4.2)is not subject to appeal or review. 2006,c.23,s. 16(5). Drawings for residential buildings f51 Despite the exception provided in paragraph 2 of subsection(4),the council of the municipality may require the drawings mentioned therein for a building to be used for residential purposes containing less than twenty-five dwelling units if the proposed building is to be located in an area specifically designated in the official plan mentioned in subsection (2)as an area wherein such drawings may be required. R.S.O. 1990,c.P.13, s.41 (5). Proviso L6]Nothing in this section shall be deemed to confer on the council of the municipality power to limit the height or density of buildings to be erected on the land. R.S.O. 1990,c. P.13,s.41 (6). Conditions to approval of plans rn As a condition to the approval of the plans and drawings referred to in subsection (4),a municipality may require the owner of the land to, (a) provide to the satisfaction of and at no expense to the municipality any or all of the following: 1.Subject to the provisions of subsections(8)and(9),widenings of highways that abut on the land. 2.Subject to the Public Transportation and Highway Improvement Act,facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs. 3.Off-street vehicular loading and parking facilities, either covered or uncovered,access driveways,including driveways for emergency vehicles,and the surfacing of such areas and driveways. https://www.ontario.ca/laws/statute/90p13 2/14/2016 Planning Act, R.S.O. 1990, c. P.13 I Ontario.ca Page 3 of 5 4.Walkways and walkway ramps,including the surfacing thereof, and all other means of pedestrian access. 4.1 Facilities designed to have regard for accessibility for persons with disabilities. 5.Facilities for the lighting, including floodlighting,of the land or of any buildings or structures thereon. 6.Walls,fences,hedges,trees,shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands. 7.Vaults,central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material. 8.Easements conveyed to the municipality for the construction, maintenance or improvement of watercourses, ditches, land drainage works,sanitary sewage facilities and other public utilities of the municipality or local board thereof on the land. 9.Grading or alteration in elevation or contour of the land and provision for the disposal of storm,surface and waste water from the land and from any buildings or structures thereon; (b)maintain to the satisfaction of the municipality and at the sole risk and expense of the owner any or all of the facilities or works mentioned in paragraphs 2,3,4,5,6,7,8 and 9 of clause(a),including the removal of snow from access ramps and driveways,parking and loading areas and walkways; (c)enter into one or more agreements with the municipality dealing with and ensuring the provision of any or all of the facilities,works or matters mentioned in clause(a)or(d)and the maintenance thereof as mentioned in clause(b)or with the provision and approval of the plans and drawings referred to in subsection (4); (c.1)enter into one or more agreements with the municipality ensuring that development proceeds in accordance with the plans and drawings approved under subsection(4); (d)subject to subsection (9.1),convey part of the land to the municipality to the satisfaction of and at no expense to the municipality for a public transit right of way. R.S.O. 1990,c. P.13, s.41 (7); 1996,c.4,s.24(1,2);2006, c.23, s. 16 (6,7). Where area is in upper-tier municipality is)If an area designated under subsection(2)is within an upper-tier municipality, plans and drawings in respect of any development proposed to be undertaken in the area shall not be approved until the upper-tier municipality has been advised of the proposed development and afforded a reasonable opportunity to require the owner of the land to, (a) provide to the satisfaction of and at no expense to the upper-tier municipality any or all of the following: (i) subject to subsection (9),widenings of highways that are under the jurisdiction of the upper-tier municipality and that abut on the land, (ii)subject to the Public Transportation and Highway Improvement Act,where the land abuts a highway under the jurisdiction of the upper-tier municipality,facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs, (iii)where the land abuts a highway under the jurisdiction of the upper-tier municipality,offstreet vehicular loading and parking facilities,either covered or uncovered,access driveways,including driveways for emergency vehicles,and the surfacing of such areas and driveways, (iv)where the land abuts a highway under the jurisdiction of the upper-tier municipality,grading or alteration in elevation or contour of the land in relation to the elevation of the highway and provision for the disposal of storm and surface water from the land, (v)where the land abuts a highway under the jurisdiction of the upper-tier municipality,facilities designed to have regard for accessibility for persons with disabilities; (b) enter into one or more agreements with the upper-tier municipality dealing with and ensuring the provision of any or https://www.ontario.ca/laws/statute/90p13 2/14/2016 Planning Act, R.S.O. 1990, c. P.13 I Ontario.ca Page 4 of 5 all of the facilities,works or matters mentioned in clause(a)or(c)and the maintenance thereof at the sole risk and expense of the owner,including the removal of snow from access ramps and driveways and parking and loading areas; (c)subject to subsection(9.1),convey part of the land to the upper-tier municipality to the satisfaction of and at no expense to the municipality for a public transit right of way. 2002,c. 17,Sched.B,s. 14(2);2006,c.23, s. 16(8). Widening must be described in official plan ,(9)An owner may not be required to provide a highway widening under paragraph 1 of clause(7)(a)or under paragraph 1 of clause(8)(a) unless the highway to be widened is shown on or described in an official plan as a highway to be widened and the extent of the proposed widening is likewise shown or described. R.S.O. 1990,c.P.13,s.41 (9). Limitation (9.1)An owner of land may not be required to convey land under clause(7)(d)or(8)(c)unless the public transit right of way to be provided is shown on or described in an official plan. 1994,c.23,s.24(3); 1996,c.4,s.24(3). Registration of agreements (10)Any agreement entered into under clause(7)(c)or(c.1)or under clause(8)(b)may be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and,subject to the provisions of the Registry Act and the Land Titles Act,any and all subsequent owners of the land. R.S.O. 1990,c. P.13,s.41 (10);2002, c. 17,Sched. B, s. 14(3);2006,c.23,s. 16(9). Application of Municipal Act, 2001 or City of Toronto Act, 2006 (11) Section 446 of the Municipal Act,2001 or section 386 of the City of Toronto Act, 2006,as the case may be, applies to any requirements made under clauses(7)(a)and (b)and to any requirements made under an agreement entered into under clause(7)(c) or(c.1). R.S.O. 1990, c. P.13,s.41 (11);2002,c. 17, Sched. B,s. 14(4);2006,c.23, s. 16(10);2006,c.32, Sched.C,s.47(9). Appeal to O.M.B. (12) If the municipality fails to approve the plans or drawings referred to in subsection(4)within 30 days after they are submitted to the municipality or if the owner of the land is not satisfied with any requirement made by the municipality under subsection (7)or by the upper-tier municipality under subsection (8)or with any part thereof,including the terms of any agreement required,the owner may require the plans or drawings or the unsatisfactory requirements,or parts thereof,including the terms of any agreement required,to be referred to the Municipal Board by written notice to the secretary of the Board and to the clerk of the municipality or upper-tier municipality, as appropriate. 2002,c. 17,Sched. B,s. 14(5). Hearing (12.1)The Municipal Board shall hear and determine the matter in issue and determine the details of the plans or drawings and determine the requirements,including the provisions of any agreement required,and the decision of the Board is final. 2002,c. 17, Sched. B,s. 14(5). Classes of development, delegation (13)Where the council of a municipality has designated a site plan control area under this section,the council may, by by- law, (a)define any class or classes of development that may be undertaken without the approval of plans and drawings otherwise required under subsection(4)or(5);and https://www.ontario.ca/laws/statute/90p13 2/14/2016 Planning Act,R.S.O. 1990, c. P.131 Ontario.ca Page 5 of 5 (b)delegate to either a committee of the council or to an appointed officer of the municipality identified in the by-law either by name or position occupied,any of the council's powers or authority under this section,except the authority to define any class or classes of development as mentioned in clause(a). R.S.O. 1990,c. P.13,s.41 (13). Proviso (14)Section 35a of The Planning Act, being chapter 349 of the Revised Statutes of Ontario, 1970,as it existed on the 21st day of June, 1979,shall be deemed to continue in force in respect of any by-law passed under that section on or before that day. R.S.O. 1990,c. P.13,s.41 (14). Certain agreements declared valid and binding (15) Every agreement entered into by a municipality after the 16th day of December, 1973 and before the 22nd day of June, 1979,to the extent that the agreement deals with facilities and matters mentioned in subsection 35a(2)of The Planning Act, being chapter 349 of the Revised Statutes of Ontario, 1970,as it existed on the 21st day of June, 1979,is hereby declared to be valid and binding. R.S.O. 1990,c. P.13,s.41 (15). City of Toronto (16)This section does not apply to the City of Toronto,except for subsection(1.1), paragraph 1 of subsection (4), subparagraph 2 (f)of subsection(4)and paragraph 4.1 of clause(7)(a),which provisions apply with necessary modifications. 2006,c.23,s. 16(11). Note:On a day to be named by proclamation of the Lieutenant Governor,section 42 of the Act is amended by adding the following subsection:(See: 2015,c.26,s.28(1)) https://www.ontario.ca/laws/statute/90p13 2/14/2016 10 SCHEDULE "B" Site Plan Control Agreement SITE PLAN CONTROL AGREEMENT AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Lot/ Part Lot , Concession , Bayham This Agreement made in duplicate this day of , 20_. BETWEEN: (hereinafter the "Owner") Of the First Part AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter the "Municipality") Of the Second Part WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of Bayham in the County of Elgin and Province of Ontario, being part of Lot , Concession therein, and more particularly identified and depicted in Attachment "A" attached hereto (and hereinafter referred to as the "Lands" ); AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan attached and marked as Attachment "A" hereto (and hereinafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of approval of proposed development of the Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By- Law No. 2016-047, being the Site Plan Control By-Law enacted by the Council for the Municipality; NOW THEREFORE, in consideration of good and valuable consideration exchanged herein and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each party to the other, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner and Municipality hereby covenant and agree as follows: 1. The Owner agrees that no building permit will be available for the development of the Lands until the Plan has been approved by the Municipality and further agrees that work in relation to such development will not commence prior to the issuance of a building permit. 2. The Attachments hereto and as described below, attached and verified by the signatures of the Parties hereto, are incorporated in and form part of this Agreement: Attachment "A" — Lands/Site Plan, Attachment "B" — Site Servicing Plan, and Attachment "C" —Certificate of Compliance. 3. The Parties agree and acknowledge that Attachment "A" (Lands/Site Plan) hereto identifies the Lands which are subject to this Agreement and, furthermore, depicts and details the Plan for development of the Lands, including but not limited to; (a) The location and height of all buildings and structures to be erected; (b) The location of vehicular entrances and exits; (c) The location and provision of off-Street vehicular loading and parking facilities, including driveways for emergency vehicles; (d) Walkways and all other means of pedestrian access; (e) The location and provision of fences, trees and all ground cover or facilities for landscaping the Lands and protecting the adjoining lands and, furthermore, depicts the lighting, including flood lighting, of the Lands and any building or structure to be erected thereon; (f) The location and provision for the collection and storage of garbage and other waste materials. 4. The Owner agrees and covenants that the Lands will be developed, including but not limited to any building or structure that is to be erected thereon, in strict accordance with the Plan depicted on Attachment "A" hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Attachment "B" ("Site Servicing Plan") hereto depicts and details proposed site servicing facilities for development of the Lands, including but not limited to; (a) Lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); (b) Location of utilities within the road allowance and site connections to these utilities; (c) Building finished floor elevations; (d) Other information as required by the Municipality. 6. The Owner agrees and covenants that the site development and servicing upon the Lands will be in strict accordance with the Plans depicted on Attachment "B" hereto, subject only to such changes receiving prior approval from the Municipality. 7. The Owner further agrees that: (a) Final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer prior to consideration of any request for final release of any security held by the Municipality relative to the proposed development of the Lands. (b) All necessary provisions for service connections on-site will be made to the satisfaction of the Municipality. (c) Construction work will be carried out expeditiously, in good and work-man-like manner, in accordance with good trade practices, and, at all times, so as to minimize nuisance. (d) All necessary precautions to avoid dust, noise and other nuisances and to provide for public safety will, so far as possible, be undertaken so as to achieve compliance with all federal, provincial, or other municipal regulations or standards. (e) All necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street and, where such tracking occurs, the street shall be cleaned at the end of each working day. (f) Garbage disposal facilities will be of an enclosed type located and depicted on the Site Plan as attached as Attachment "A" hereto, at all times designed in a manner satisfactory to the Municipality. (g) Unless otherwise provided, all parking lots and walkways will be finished with hot- mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the limits of the Lands. (h) No topsoil shall be stockpiled on any other portion of the Lands except those lands identified for that purpose in Attachment "A" to this Agreement; provided that all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds and other noxious plants; and the Municipality may at all times enter the Lands for purposes of inspection of such stockpiling of topsoil and, if necessary, for purposes of maintenance of weeds, the cost of which shall be borne by the Owner and collected either in like manner as municipal taxes or from any security held by the Municipality to ensure performance of all obligations by the Owner in respect of the development of the Lands. (i) Stockpiling of snow will not be allowed on the Lands where it will constitute a hazard as determined by the Municipality. (j) The electrical servicing of the Lands shall be subject to the approval of Hydro One, or any successor utility thereto. (k) During the period of development of the Lands as contemplated by this Agreement, if the Owner fails to take any act required for public safety or convenience, as determined by the Municipality, and upon seven (7) days written notice, the Municipality, in addition to any other remedy at law, may enter upon the Lands and undertake any and all works to correct such failure and thereby reinstate such element of public safety or convenience, the cost of which municipal work shall be borne by the Owner and collected in like manner either as municipal taxes or from any security held by the Municipality to ensure performance of all obligations of the Owner hereunder. (I) The Municipality is at liberty to consider any breach of this Agreement as a violation of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, thereby constituting an offence pursuant to section 67 of the said Act and, further, entitling the Municipality to seek any manner of remedy or relief as based thereon, including but not limited to the issuance of a stop work order and/or injunction to restrain continuation of such breach. (m)Nothing in this Agreement constitutes a waiver of the duty of the Owner to comply with any other by-law of the Municipality or any other law, whether federal or provincial in nature. 8. The Owner shall be responsible for consulting with Hydro One, or any successor utility thereto, regarding any matters which relate to utility services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from any and all regulatory body having an interest in or jurisdiction over the development of the Lands, including but not limited to the Long Point Region Conservation Authority and the Ministry of the Environment. 10. The Owner shall satisfy all requirements in relation to fire protection for the building or buildings or structure or structures to be erected upon the Lands to the satisfaction of the Fire Chief for the Municipality of Bayham. 11. The Owner agrees to pay for damages to public property, including but not limited to any municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may occur during the development of the Lands as contemplated by this Agreement. In the event that the Owner shall fail to repair any such damage within thirty (30) days of occurrence, the Municipality may enter upon the Lands and effect such repair at the sole risk and expense of the Owner. 12. The Owner agrees that any and all lighting required for the development of the Lands in accordance with this Agreement shall be installed and maintained so as not to interfere with the use or enjoyment of adjacent properties or with the safe flow of traffic on abutting or adjacent streets, the determination of which interference shall be in the sole discretion and opinion of the Municipality. 13. The Owner shall landscape and maintain plants and groundcover upon the Lands and in strict accordance with the Plans and at all times to a standard acceptable to the Municipality. 14. If the Ontario Building Code requires that an Architect or Professional Engineer, or both, shall be responsible for the field review of any new building or structure or extension thereof as contemplated by this Agreement, then the Owner shall not occupy or use or permit occupation or use of, any such building or structure or extension thereof until after an Architect or Professional Engineer has delivered approval thereof to the Municipality by a letter addressed to the Municipality and signed by the said Architect or Professional Engineer and certifying that all construction and/or services on or in the Lands, including any such building or structure or extension thereof thereon as required for the development or redevelopment of the Lands have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15. The Municipality, through its servants, officers, and agents, including its Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter upon the Lands and/or any building or structure being erected thereon to inspect; (a) the progress of the development upon the Lands; (b) the state of maintenance as required by this Agreement; (c) compliance with any and all laws, whether Federal, Provincial, or Municipal, including any and all by-laws for the Municipality and more particularly including By-Law No. 2016-047 as Site Plan Control By-Law; and, (d) compliance with this Agreement. 16. In the event of any servant, officer, or agent of the Municipality determining, upon inspection of the Lands and any building or structure erected thereon, that the development is not proceeding in strict accordance with the Plan, and specifications filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such notice to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency in relation to which that notice relates or, alternatively, appeal to the Council of the Municipality of Bayham as hereinafter provided. 17. In the event of any servant, officer, or agent of the Municipality, having inspected the Lands or any building or structure being erected thereon in accordance with this Agreement, be of the opinion that the state of maintenance of such Lands, building, or structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice detailing the particulars of such opinion and the basis therefor, by registered mail, to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively, appeal such opinion and the need for correction to the Council of the Municipality of Bayham as hereinafter provided. 18. In the event that the Owner should disagree with the opinion of the servant, officer, or agent of the Municipality as to the state of compliance and/or maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which Council, after hearing the details of the alleged deficiency and hearing the response of the Owner, shall express its opinion as to whether the maintenance of the lands, building, or structure is satisfactory and which decision shall constitute a final determination of the issue. 19. In the event that the Owner shall fail to obey a stop work order issued pursuant to section 16 above, the Owner acknowledges and recognizes the right of the Municipality to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate relief, including but not limited to an injunction restraining continuation of work upon the Lands. 20. In the event that an Owner shall fail to correct a deficiency after notice is given pursuant to sections 16 or 17 above and which notice the Council of the Municipality of Bayham subsequently determines is correct in accordance with section 19 above, the Council of the Municipality of Bayham may by by-law direct, on default of the matter or thing being done by the Owner and after two (2) weeks written notice to the Owner as delivered by registered mail to the last known address of the Owner, that such matter or thing be done by or on behalf of the Municipality, at the expense of the Owner, which expense may be recoverable by action, as municipal taxes, or as drawn from and paid by any security deposit with the Municipality as security for full performance of all obligations by the Owner in respect of the development contemplated by this Agreement. 21.The Owner further acknowledges that any contravention of any provision of this Agreement will constitute a contravention of By-Law No. 2016-047 for the Municipality of Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy or relief, is subject to prosecution and penalty as provided for in section 67 of such Act. 22. Unless otherwise authorized, in the event that the Owner wishes to revise the development as described in and depicted in Attachments "A" and/or "B" attached, he, she, or it shall make application to the Council of the Municipality of Bayham for reconsideration and approval and, furthermore, the Owner agrees that construction shall not proceed so as to implement any such revision until approval is given by such Council or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended. 23.The Owner agrees to pay to the Municipality all administration costs incurred in connection with the preparation and/or implementation of this Agreement, including all legal, engineering, and inspection costs. 24. Upon execution of this Agreement and as contribution to capital charges, the Owner shall pay to the Municipality, in cash or by certified cheque, the amount of Dollars and Cents ($ ). 25. Upon execution of this agreement and as contribution to Site Plan Review expenses, the Owner shall pay to the Municipality, in cash or certified cheque, the amount of Dollars and Cents ($ )• 26. Before commencing any of the work contemplated herein, the Owner shall supply the Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing coverage to a minimum amount of $ per occurrence, and in a form satisfactory to the Municipality, thereby indemnifying the Municipality from any loss arising from claims for damages, injury, or otherwise, in connection with the work to be undertaken upon the Lands and for which approval contemplated by this Agreement is granted. The said policy of insurance shall be provided at the time of execution of this Agreement and shall remain in force until the development contemplated herein is complete and all required documentation in evidence thereof has been filed with the Municipality. 27. The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before , 20_. The Parties agree that it is a responsibility of the Owner to arrange for completion of the development contemplated by this Agreement on or before such date and, furthermore, to apply for any extension of and from such date by no later than sixty (60) days prior to such intended completion date. 28.As security for the performance and completion of all works required by this Agreement, the Owner shall provide the Municipality with a Letter of Credit, in the amount of Dollars and Cents ($ ). The said Letter of Credit will be based on the estimated cost of alterations to public property, roadways, curbs and gutters and drains, and any repairs for damages to public property, roadways, curbs and gutters and drains, plus all site-specific components as identified by the Site Plan and Site Servicing Plan, attached as Attachments "A" and "B", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit will be issued by a Chartered Bank or other institution acceptable to the Municipality and provide specific reference to this Agreement and provide for the value thereof to be payable to the Municipality at any time or, in part, from time to time, upon written notice from the Municipality. The Letter of Credit shall be provided by the Owner to the Municipality at the time of execution of this Agreement and shall remain in force, until twelve (12) months after completion of the development contemplated by this Agreement, including but not limited to production of all documentation required for evidence of such due and proper completion of the Development. 29.This Agreement and the provisions thereof do not grant to the Owner, or any person acquiring any interest in the said Lands, any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of his, her, or its obligations under this Agreement or any negligence on the part of the Owner in relation to the Performance of any obligations required by this Agreement. 30. In the event that construction on the Lands has not commenced within the one (1) year from the date of registration of this Agreement against title to the Lands, the Municipality may, at its option and on one (1) month written notice to the Owner, declare this agreement to be terminated, subject to renegotiation at the option of the Municipality. In the event that the Agreement is terminated as set forth above, the Owner agrees that construction on the Lands as contemplated by this Agreement will not be commenced or continued until such time as the terms of this Agreement, at the option of the Municipality, have been renegotiated. 31. Following completion of the development of the Lands in accordance with the Plans contemplated by this Agreement and attached as Attachments "A" and "B" hereto, the Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in the form and of the content set forth in Attachment "C" hereto, by which Certificate the Owner shall confirm that all elements of this Site Plan Agreement have been completed in accordance with the terms hereof and the provisions of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality. 32.The Owner agrees that he, she, or it will not call into question, directly or indirectly and in any proceeding whatsoever in law or in equity or before any administrative tribunal or court, the right of the Municipality to enter into this Agreement or to enforce each and every term, covenant, and condition herein contained and, furthermore, acknowledges that this provision may be pled as an estoppel as against the Owner in any such case. 33. The Owner agrees on behalf of himself, herself, or itself, including their respective heirs, executors, ministries, and assigns, to save harmless and indemnify the Municipality from all losses, damages, costs, charges, and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly from any action taken by the Owner in accordance with this Agreement. 34.All facilities, works, and other matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense but at all times to the satisfaction of the Municipality in accordance with all standards applied by the Municipality and, in default thereof and without limiting any right or claim to remedy or relief as available to the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, shall apply. 35. This Agreement shall be registered, at the expense of the Owner, against title to the Lands and the Municipality shall be entitled, subject to the provisions of any statute of the Province of Ontario, including but not limited to the Registry Act and/or Land Titles Act, to enforce its provisions against the Owner as named herein, including any successor in title thereto. 36. This Agreement enures to the benefit of and is binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and seals or under cover of duly authorized officials at Bayham, Ontario this day , 20 Signed, Sealed, and Delivered ) In the presence of ) ) ) per: Name: ) Position: ) I have authority to bind the Company CORPORATION OF THE ) MUNICIPALITY OF BAYHAM per: Name: ) Position: per: Name: ) Position: ) We have authority to bind the Corporation Date: , 20_ and THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Site Plan Control Agreement Stephen H. Gibson 450 Sunset Drive St. Thomas, ON N5R 5V1 County Solicitor ATTACHMENT "A" Lands /Site Plan ATTACHMENT "B" Site Servicing Plans ATTACHMENT "C" CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: Owner: This document serves to certify that the Development project on the afore-noted Lands has been completed in accordance with the terms and conditions of the Site Plan Agreement between the undersigned, as Owner, and the Corporation of the Municipality of Bayham as dated , 20 , and as authorized by By-Law No. 20 - for the said Municipality of Bayham. The undersigned makes this certification declaring it to be true and correct and as if made under oath. Dated at , Ontario this day of , 20_. Witness Signature Name of Owner (Print) Address of Owner (Mailing) Telephone Number THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016 - 048 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SUBDIVISION AGREEMENT BETWEEN ABRAHAM AND EMMA PETERS AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, TO PROVIDE FOR THE DEVELOPMENT OF A PLAN OF SUBDIVISION, KNOWN AS THE COUNTRY VIEW ESTATES PHASE 2, HAMLET OF NORTH HALL, MUNICIPALITY OF BAYHAM. THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the agreement affixed hereto as Schedule "A", being a subdivision agreement with Abraham and Emma Peters, is hereby approved and the Mayor and Clerk are hereby authorized and directed to execute the same. 2. THAT the agreement is to be registered at the Land Registry Office. READ A First and Second time this 19th day of May, 2016. READ A Third time and finally passed this 19th day of May, 2016. MAYOR CLERK Country View Estates Phase 2 Subd. Agmt. - 1 - Schedule "A" to By-Law No. 2016- 048 THIS SUBDIVISION AGREEMENT made in triplicate this 19th day of May 2016. BETWEEN: ABRAHAM AND EMMA PETERS Hereinafter called the "OWNER" OF THE FIRST PART A N D: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "CORPORATION" OF THE SECOND PART WHEREAS, the Owner proposes to subdivide and register a Plan of Subdivision on property described as Part of Lot 7 Concession 8 Part Lot 7 Part 2 RP 11 R9635, Municipality of Bayham, County of Elgin; the said proposed Plan of Subdivision, being appended as Attachment "A" to this Agreement; AND WHEREAS, this Agreement has been made as a condition of approval by the County of Elgin of the Owner's or Subdivider's proposed Plan of Subdivision, County File # 34T-BA1501, named Country View Estates Phase 2; AND WHEREAS, the Owner, has agreed with the Corporation to comply with their requirements with respect to the providing of services for the lands proposed to be subdivided and other matters hereinafter set forth; NOW THEREFORE, The Parties herein, in consideration of other good and valuable consideration and the sum of Two ($2.00) Dollars, of lawful money of Canada, by each to the other paid (the receipt whereof is hereby by each acknowledged), covenant and agree with the other as follows: 1. DEFINITIONS: (a) "Owner" shall include the applicant for the approval of a Plan of Subdivision, and the registered owner or owners in fee simple of the land for which the subdivision is proposed and/or their respective heirs, executors, administrators and assigns, and in addition to its accepted meaning, shall mean and include an individual, an association, a partnership, or an incorporated company, and wherever the singular is used herein, it shall be construed as including the plural. Country View Estates Phase 2 Subd. Agmt. -2 - (b) "Council" shall mean the Municipal Council of the Corporation. (c) "Engineer" shall mean the Engineer of the Corporation and/or any such Engineer(s) as may be duly authorized and appointed by the Corporation. 2. SCOPE OF AGREEMENT The Owner agrees to complete at his own expense and in a good and workmanlike manner, for the Corporation, all the municipal services as hereinafter set forth to the satisfaction of the Corporation and to complete, perform, or make payment for such other matter as may be provided for herein. 3. CONSULTING ENGINEERS (a) The Owner agrees to retain a Professional Engineer as the Consulting Engineer of the Owner, to carry out all the necessary engineering and supervise the work required to be done for the development of the subdivision. Such Consulting Engineer or a successor thereto, shall continue to be retained until the work provided for in this agreement is completed and formally accepted by the Corporation. (b) The Owner agrees that in the preparation of contract plans and specifications, the following procedure will be followed by the Consulting Engineer: (i) Design all the works covered by this Agreement. (ii) Prepare plans, profiles and specifications for the said works and to submit detailed plans, profiles and specifications to the Corporation for approval prior to the installation of such works. (iii) Obtain, in conjunction with the Corporation, all the necessary approvals required prior to the construction of such works. (iv) Obtain the approval of the Corporation, for the Contractor(s) for the said works. (v) Provide full time inspections during the construction of underground services and part time inspections as necessary for the surface work. (vi) Maintain all records of construction of the said works. (vii) Supply to the Corporation mylar reproductions of all the works as constructed by the Contractor. The drawings shall be to the scale or scales established by the Corporation's Engineer. (viii) On completion of construction of the said works, to supply the Corporation with a certificate that the execution of the said works was in accordance with the approved plans and specifications. This certificate will not be valid until signed by the Corporation, and the Corporation's Engineer. Country View Estates Phase 2 Subd. Agmt. - 3- (ix) Supervise the construction of any remedial work required by the Corporation. (c) The Owner agrees with the Corporation that no public services will be installed prior to receiving, in writing, approval of the detailed plans and specifications by the Corporation. 4. LIENS The Owner shall cause to be discharged any lien registered and/or filed with the Corporation, pursuant to the Construction Lien Act, R.S.O. 1990, (Ontario) as amended, in respect to any of the works undertaken by the Owner. The Owner shall pay any legal costs, fees and disbursements howsoever incurred by the Corporation, in connection with any such lien, whether or not there are reasonable grounds for registration of the lien by the lien claimant. In the event the Owner fails to discharge any such lien or fails to pay any such cost, fees and disbursements, incurred by the Corporation in connection with such lien, the Corporation may make arrangements to discharge the lien by taking such actions as it see fits, acting in its sole discretion. If the Owner fails to reimburse the Corporation in connection with any costs incurred, pursuant to this paragraph, the Corporation shall have the right to realize on the Performance Guarantee provided by the Owner under paragraph 17 of this Agreement. 5. EASEMENTS At completion of Phase 1, utility easements are in place. 6. PRIVATE SEPTIC SYSTEM PERMITS Prior to issuance of a building permit on a lot within the plan of subdivision, the Lot Owner shall provide to the Municipality, to the satisfaction of the Municipality, the following: 1. a sewage disposal report, prepared by a qualified engineer, indicating that specific recommendations regarding the specific sewage disposal system for the lot, 2. confirmation that the system to be installed will be capable of reducing the nitrate levels to 24mg/I, 3. a 2-year service contract with a qualified contractor to ensure the long term operation and maintenance of the system. 7. STORM SEWERS (a) A stormwater management system regulated through the Drainage Act which was constructed during Phase 1 was approved by all regulating agencies and provides an adequate stormwater management system through the municipal drain, known as the Bartley Drain, for all lands within the Plan. Country View Estates Phase 2 Subd. Agmt. -4- 8. ROAD — PETERS COURT The Owner confirms PETERS COURT was constructed in Phase 1 according to the specifications for paved roads of the Corporation in effect at the date thereof. The specifications for boulevard grading shall apply to the said Plan of Subdivision. PETERS COURT was assumed and established as part of the open public highway system by By- law 2015-057 passed May 21, 2015. 9. ROAD GRADES, ETC. (a) PETERS COURT was constructed as Country View Estates Phase 1 project as per the approved drawings and assumed by the Municipality. 10. CURBS AND GUTTERS The Owner agrees that construction of the rollover curbs and gutters on all the streets as shown on the said Plan of Subdivision were constructed according to the specifications of the Corporation in effect at the date hereof, and were maintained until they were formally accepted by the Corporation. 11. SIDEWALKS Not required. 12. PRIVATE WELLS The Owner shall advise all perspective purchasers in all offers of purchase and sale that individual wells are to be constructed and developed to ensure that ground water supplies are protected from contamination by septic systems, surface pollutants and meet the turbidity levels complying with the Ministry of the Environment &Climate Change's drinking water objectives. 13. LOT GRADING, SODDING, LANDSCAPING (a) The Owner agrees to grade, provide top soil and sod the portion of the street allowances lying between the front property line of lots and the curb save and except any portion of the street allowance within the driveway. The Lot Owner shall sod or seed the front yard of each of the lot except for paved or planted areas, upon the completion of the construction of dwelling thereon. The Public Works Operations Supervisor or designate must approve any exception to this requirement in writing. Said sodding must be in conformity with the grading control plan as set out on Attachment `D' attached hereto. (b) Before house construction proceeds beyond the basement level, the Consulting Engineer or an Ontario Land Surveyor shall provide the Corporation with a certificate confirming the foundations are: (i) in conformity with the footing and top of foundation wall elevations, shown on the approved Grading Plan; Country View Estates Phase 2 Subd. Agmt. - 5- (ii) sited entirely on the correct lot and conforms to the applicable Zoning By- Law. Site surveys are to be attached to the certificate. (Field notes in lieu of a siting survey will be accepted at this time to allow construction to proceed.) Certification of foundation elevations by the Consulting Engineer or Ontario Land Surveyor shall be taken to mean conformity with the approved Grading Plan with a tolerance of 150 mm., and will include verification of top of foundation wall, any steps in the foundation (if applicable) and the garage sill. Non-conformance to either siting or foundation elevations shall be brought to the Corporation's attention for further direction, prior to proceeding with any further construction. The Consulting Engineer or Ontario Land Surveyor shall then provide the Corporation with preliminary lot certificates advising that the lot grading conforms to the approved Grading Plan and is approved for sodding or seeding. Prior to the release of any lot grading conditions of this Subdivision Agreement, the Consulting Engineer or Ontario Land Surveyor, shall provide final certification to the Corporation in the form of as-built elevations on the Grading Plan in accordance with the approved Plan of Subdivision. (c) Upon the elevations and grades being established in accordance with this Agreement, the Owner, shall thereafter, maintain the same for so long as the Owner is the registered owner of the lot. The Parties agree that the Lot Grading Plan, attached hereto, and marked as Attachment "D" is a photographically reduced and un-initialled copy of the Lot Grading Plan, initialled by the parties on the execution of this Agreement and that such initialled Plan forms part of this Agreement. The Parties further agree that in the event that any part or parts of Attachment "D", are illegible or conflict with the initialled Plan from which it was made, the initialled Plan shall prevail. (d) If, in the opinion of the Corporation, the Owner has at any time during which the Owner is the registered owner of any lot within the Plan of Subdivision failed to establish or maintain any such grade or elevation as required by Paragraph 13 (c), the Corporation, may, after giving such notice to the Owner, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill, and do such works and remove anything from the lot as in the Corporation's opinion, may be necessary to remedy such default, and the costs thereof, shall be paid by the Owner, to the Corporation. (e) Where the Owner has sold a lot within the Plan of Subdivision, and in the opinion of the Corporation, the Owner, or the subsequent owner has, at any time, failed to establish or maintain any grade or elevation required to be established or maintained by paragraph 13 (c), the Corporation may, after giving such notice to the subsequent Owner, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill and do such works and Country View Estates Phase 2 Subd. Agmt. -6 - remove anything from the lot as in the Corporation's opinion may be necessary to remedy such default and the costs thereof, shall be paid by the subsequent Owner, to the Corporation, and if no lots are sold, it shall constitute a lien on the lot and interest shall be payable on the amount thereof at the rate of Fifteen percent (15%) per annum, commencing Fifteen (15) days after the mailing of the statement to the subsequent Owner, at his/her last known address. 14. STORM WATER MANAGEMENT A Stormwater Management Plan is part of the municipal drain known as the Bartley Drain, under the Drainage Act and was constructed and included in Phase 1. The Stormwater Management Plan includes the additional five (5) lots of Phase 2. Physical components of the Bartley Municipal Drain shall remain unaltered including, but not limited to, remain clear of fencing, structures and plantings. 15. ADMINISTRATION AND INSPECTION COSTS (a) The Owner agrees to pay to the Corporation all administrative costs incurred in the preparation of this Agreement, including related legal and engineering costs. 16. FINANCIAL PAYMENTS — CAPITAL CHARGES Except as expressly provided in this Agreement, the charges payable pursuant to this Paragraph 16 shall be payable by the Owner as specified. (a) PARKLAND DEDICATION FEE The Owner shall provide parkland dedication in the form of cash-in-lieu $500.00 per lot. This value is to be $2500.00 for 5 lots and shall be collected prior to the registration of the plan of subdivision. (b) STREET LIGHTING No street lighting required. (c) ELECTRICAL DISTRIBUTION SYSTEM The Owner confirms that during Phase 1 a complete electrical system including all switches, junction boxes, transformers, wire, hydro service connections, and appurtenances, was constructed to the street line to service all lands in the said Plan of Subdivision, according to designs approved by Hydro One and according to its specifications which were in effect at the time of the installation of the system (d) LOT FRONTAGE AND CONNECTION CHARGES Frontage and connection charges do not apply. Country View Estates Phase 2 Subd. Agmt. -7 - 17. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner, shall supply the Corporation with a Liability Insurance Policy in the amount of NIL Dollars, and in a form satisfactory to the Corporation, indemnifying the Corporation, and their agents from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner. In the event any renewal premium is not paid, the Corporation, in order to prevent the lapse of such liability insurance policy, may pay the renewal premium or premiums and the Owner, agrees to pay the cost of such renewal or renewals within Fourteen (14) days of the account therefore being rendered by the Corporation. The Owner shall provide written notice to the Corporation of the cancellation of the liability insurance policy, Twenty-One (21) days before the cancellation is to come into effect. 18. PERFORMANCE GUARANTEE (a) Security Guarantee is required for the tree planting required on each lot. 19. MAINTENANCE GUARANTEE The Owner agrees with the Corporation that, upon completion of the various parts of the works and prior to acceptance by the Corporation, the Owner, will provide at his/her own expense, a Letter of Credit for the sum of Twenty-Five per cent (25%) of the actual cost of all the works still subject to the guarantee, to guarantee the workmanship and materials for a period of two (2) years from the date of satisfactory completion of the work. 20. OCCUPANCY OF BUILDING Occupancy of any building shall be under the authority of the Chief Building Official and the issuance of the Occupancy Permit. 21. TIME LIMIT FOR WORK AND GUARANTEE FOR WORKMANSHIP AND MATERIAL Save as herein otherwise provided the Owner agrees to complete the work required under this Agreement within the Time Limits specified in the Attachment attached hereto as Attachment "B". Any work other than that specifically provided for in Attachment "B" shall be completed within the time limit provided for herein. The Owner shall as soon as it is practicable after receiving written notice from the Corporation repair any damage caused to existing services or utilities by the implementation or performance of this Agreement or caused during the construction of dwelling units or other buildings on any part of the development. Should the Owner fail or neglect to carry out repairs or any other work required of this Agreement the Corporation may, in addition to any other rights or remedies it may have at law or in equity, assert and exercise the rights provided for in Clause 22. Country View Estates Phase 2 Subd. Agmt. - 8 - 22. UNCOMPLETED OR FAULTY WORK If in the opinion of the Corporation the Owner is not completing or causing to be completed the work required in connection with this Agreement, within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion or unreasonably delay the same so that the conditions of this Agreement are being violated, or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Corporation, as defective or unsuitable, or shall the Owner, in any other default in performance of the terms of this Agreement, then, in any such case, the said Corporation shall promptly notify the Owner and his/her surety in writing of such default or neglect and if such notification be without effect within Seven (7) clear days, after such notice, then in that case, the Corporation shall have full authority and power to immediately purchase such materials, tools and machinery and to employ such workmen as in their opinion, shall be required for the proper completion of the said work, at the cost and expense of the Owner, or his/her surety or both. In cases of emergency, in the opinion of the Corporation, such work may be done without prior notice but the Owner shall forthwith be notified. The cost of such work shall be calculated by the Corporation whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of Twenty per cent (20%) of all labour, material and machine time charges incurred to complete the work and further, a fee of thirty per cent (30%) of the charges incurred for the dislocation and inconvenience caused to the Corporation as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations without which the Corporation would not have executed this Agreement. It is further understood and agreed between the parties hereto that such entry upon the lands shall be as an agent for the Owner, and shall not be deemed for any purpose whatsoever as an acceptance of the said services by the Corporation. 23. GENERAL PROVISIONS The Owner agrees with the Corporation: (a) REGISTRATION OF AGREEMENT The Owner agrees that this Agreement shall be registered by the Corporation's Solicitor upon the title to the lands within the plan of subdivision, and agrees to pay all solicitor's fees and disbursements incurred by the Corporation in respect to registration of this Agreement, forthwith, upon demand. (b) CONTINUATION OF EXISTING SERVICES Where the construction of services herein involves a continuation of existing services to join into the same including adjustment of grades where necessary, such work to be completed in a good workmanlike manner and at the expense of the Owner. Country View Estates Phase 2 Subd. Agmt. - 9 - (c) PUBLIC LANDS — FILL AND DEBRIS To neither dump nor permit to be dumped any fill or debris on, nor to remove or permit to be removed any fill from any public lands, without the written consent of the authority responsible for such lands. The Owner shall, on request, supply the Corporation with an acknowledgement from such authority of the Owner's compliance with the terms of this clause. (d) QUALITATIVE OR QUANTITATIVE TESTS The Corporation may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement and the cost of such tests shall be paid by the Owner within Fourteen (14) days of the account being rendered by the Corporation. (e) RELOCATION OF SERVICES To pay the cost of relocating any existing services and utilities caused by the development work within Fourteen (14) days of the account for same being rendered by the Corporation. The Owner further agrees to similarly pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Corporation, as to interfere with the use of the driveway. (f) TAXES That prior to the release of the Plan for registration the Owner shall pay the taxes in full for all the lands included in the said Plan of Subdivision according to the last revised assessment roll, until the lands are assessed and billed as a registered plan. (g) LOCAL IMPROVEMENTS Prior to the release of the plan for registration, to prepay any outstanding local improvement charges which are levied against any of the lands in the said plan of subdivision. (h) SPECIFICATIONS Unless otherwise specified, any work required under this Agreement shall be according to the specifications of the Corporation. Any and all approval of plans and specifications by the Corporation does not relieve the Owner of responsibility for errors and omissions in the plans and specifications. It shall be the responsibility of the Owner to supply any third party contractor with all necessary information to compete the works contemplated under this Agreement. Country View Estates Phase 2 Subd. Agmt. - 10- (i) STREETS During the construction of the services and utilities required to be constructed under this Agreement and during the construction of any dwelling units to be constructed within the subdivision all streets within the development site, being Peters Court, shall be maintained in good repair and clean by the Owner. (i) STREET SIGNS Any required street signs, civic addressing (911) signs and traffic control signs will be installed by the Municipality at the Owner's expense. (k) LICENCE TO ENTER To retain a licence from any subsequent purchaser of the aforesaid lands to enter upon such lands in order to comply with the provisions of this Agreement. (I) SURVEY MONUMENTS AND MARKERS The Owner is required to install all geodetic monuments within the subdivision. The number, specifications and location of the monuments to be determined by a licensed Ontario Land Surveyor and to be approved by the Municipality prior to final plan approval and registration. (m) INTEREST Interest at the per annum rate of Three per cent (3%) points above the prime rate of the Corporation's bank shall be payable by the Owner, to the Corporation, on all sums of money payable herein, which are not paid on the due dates calculated from such due dates. The due dates of any sum of money shall be Fourteen (14) days after the date of the invoice. (n) CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered within one year from the date hereof, the Corporation may, at its option, on one month's notice to the Owner, declare this Agreement to be null and void. (o) NOTICES Any notices required to be given hereunder may be given by registered mail, addressed to the other party at its address according to the most recent assessment roll and shall be effective as of the date of the deposit thereof, in the Post Office. (p) UNSOLD LOTS The Owner is to provide suitable weed and dust control on any unsold lots. Failure to do so will result in the Corporation performing the work and assessing a Country View Estates Phase 2 Subd. Agmt. - 11 - charge or lien to the property. The stock piling of excess dirt is not permitted on the unsold lots. (q) STAGING The Owner covenants and agrees that the construction of the subdivision will be completed in one phase with all of the required services provided by the Owner and the Owner may complete such services in accordance with Attachment "B". (r) BUILDING PERMITS The Owner covenants and agrees not to apply for any building permit for any building on the lands until the following pre-requisites have been satisfied: 1. The Owner has provided confirmation of the engineered septic system plans and maintenance agreement as per Paragraph 6. 2. All traffic, civic addressing signs and street signs have been installed. Exceptions to this condition may be permitted where, in the opinion of the Public Works Operations Supervisor, there are extenuating circumstances. In these cases, the Owner shall undertake protective and remedial measures to the satisfaction of the said Manager. All costs of such protective and remedial measures shall be borne by the Owner. 3. Upon Building Permit application, the Owner shall pay to the Municipality of Bayham a Municipal Damage Deposit in the amount of $2000.00 refundable subject to the final inspection to the satisfaction of the Chief Building Official. 4. The Owner has satisfied all the financial requirements under this agreement. (s) SIGNAGE FOR PROJECT The Owner is entitled to erect one sign at the property entrance to advertise the project. Any sign erected must conform to any municipal or county Sign By-laws. The sign must be kept in good repair at all times. (t) TREE PLANTING The Owner shall plant one tree per lot in a location and of a kind and size approved in writing by the Public Works Operations Supervisor. Should any tree die within 12 months of planting the Owner shall replace the tree with a new tree as prescribed in this agreement. Trees are to be planted a minimum of 1 metre (3.3 feet) behind the property line and located so as not to interfere with services and utilities at any time. (u) SURFACE WATER MANAGEMENT DURING CONSTRUCTION The Owner agrees to require the contractor to provide means to avoid ponding, erosion and/or flooding onto adjacent properties during construction and will continue until lots have been developed by means of erosion provisions such as Country View Estates Phase 2 Subd. Agmt. - 12 - silt fencing, straw bales and rough grading of undeveloped lots to maintain all surface water on developed property. (v) DRIVEWAY APPROACHES The Owner shall pave all driveway approaches to the satisfaction of the Public Works Operations Supervisor upon the construction of the building serviced by any such driveway. If any dropped curb is not located correctly with respect to any driveway, the Owner shall construct a dropped curb in the correct location and shall fill in the original dropped curb in accordance with municipal specifications at their full cost. (w) CENTRALIZED MAIL BOX i. The Owner shall make adequate provision for a centralized mail box to the satisfaction of Canada Post ii. The Owner shall include in all offers of purchase and sale a statement advising the prospective purchaser: 1. that the home mail delivery will be from a designated Centralized Mail Box 2. that the developers/owners are responsible for officially notifying the purchasers of the exact Centralized Mail box location prior to the closing of any home sales. 24. The Owner agrees with the Corporation: (a) EXTENT OF WORK The extent of work shall be construed to consist of the labour and materials necessary for the construction in a good substantial, workmanlike manner of all the items required for the completion of the entire work consisting of all the items shown on the drawings which have been approved by the Corporation, and which shall be installed according to these specifications. The Owner shall take full responsibility for pavement breaks, which must be approved by the Engineer and restored to the regulations applicable. As per Paragraph 23 (r), Municipal Damage Deposit applies. (b) LIENS OR CLAIMS The Owner agrees to supply the Corporation with a Statutory Declaration that all accounts for work and materials have been paid or provided or that there are no claims for liens or otherwise in connection with such work done or materials supplied on behalf of the Owner, in connection with the subdivision. 25. Attachments "A" through "D" as listed are attached hereto: 1. Attachment "A" Draft Plan of Subdivision 2. Attachment "B" Time Limits 3. Attachment "C" Estimated Costs 4. Attachment "D" Lot Grading Plan Country View Estates Phase 2 Subd. Agmt. - 13 - All shall form part of this Agreement and time shall be of the essence with respect to items contained herein. 26. The Corporation shall be entitled to enforce the provisions of this agreement against the owner of the lands to which it applies, and subject to the provisions of the Land Titles Act against any and all subsequent owners of the lands. 27. The Owner may assign this Agreement only with the consent of the Corporation. 28. All parties hereto shall execute and deliver (or cause to be done, executed and delivered) all such further acts, documents and other assurances that may be reasonably required by the parties for the completion of the work contemplated by this Agreement. 29. The Owner shall advise all perspective purchasers of Items 6, 12, 13 and 23 of this Agreement and provide copy of this Agreement in all offers of purchase and sale. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate seals, attested to by the hands of their proper officers in that behalf fully authorized. COUNTRY VIEW ESTATES Witness Abraham Peters Emma Peters THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Paul Ens, Mayor Paul Shipway, Clerk •'O4O --~f_-�-- DRAFT PLAN OF SUBDIVISION ALLOytANCE4 R.7, `-----�_----_ �""` CONCESSIONPART OF T6 �_��' „� rYEEN EP ------7 MIPECIPAUIT Of w `-cam--1,77?..,:,. ��_ �'..�,-:,,,-,-.`,....-.1R0,,, � /.EDEN LIME) NCES/ON ,, AN _ GEOGRAPHIC toxrronP Of CAROM BAYNAM < j.=,_'etrr -fi*s Fga bM ,"`.,ryy�N7Y ROAD � �_ COUNTY OF&GIN r^.-):I^� qq-I''''...1"."'. m�s l,may i:,,,„_,-i'A''_, N. 44) 9 I -,..-I1 PS¢ + C AT' I ~� ,... -.___.., v(�F4RT E mom :::-..=,-,........-.7.--.:47-,..1. ay.r i 4,^ C:� ¢ 11gy989 § . MY HUMID y11RVEYINO L1D \}'� % I A� •1`_ -.._l_- I r1N.,, I 0P it,I _ _fI N LUT 1 4 I I FAgT �r 'C 0 V _I I I...:�._ ...._____ -- I--�- ''--- _ SURVEYOR'SC\ • ' LOT 99 P� L�+TT s .v.an�.e �um.w 9>,,. 1 I a . I_ %AFi t !!R! e uaY 0 F,e 1 .v` I WAS h LOY 9 t ti `\r% '_ O ' PWD`•' Lonm,.,a I Z .. 1 ¢ V Y '"u•rr .p OWNER'S CERIW1CATE f . t.r. Y ' i' ,,,),"::;:e' /" 11fi'giMATON NE9UINm VN9EA SECIIM 9t(t>) �•� fff��"' 1 ' 9i 1NE PLWNIMO/iCT RSO 19p0 y Y d ggg t'R ...Qr. 4*�w.rF 1 P°b�0 ./',/' ' p G4,'lfi, ....m..r ,..- \ +om IS /'`I '" J r J 1 SOD+` i�'! ' +wy.,, �F .✓t K1P "9,....,,,:r� 0' II - a i /,'",4-:',',;%:- *y,'QAUG Z 7 2015 �y iI ,it ,j' .te V�Po-� • k, f ,- „ . COUNTY OF ELGIN I aDF��N!stRAri4c sc.i �5 Y1 ;( O 00 66 1 " 47 .` NOTES...r. r,n,,..:,..,..,e. , f �/' KIM RUSTED SURVEYING L70. '+w-. WARMWM SURVEYOR � 11( KEY KAN ` �I PROEMm-mnoo-a Imom¢c Mal Country View Estates Phase 2 Subd. Agmt. - 14 - ATTACHMENT "B" COUNTRY VIEW ESTATES PHASE 2 MUNICIPALITY OF BAYHAM TIME LIMITS ATTACHMENT Paving - Driveway Approaches August 2016 — Nov 2017 Tree Planting August 2016 — Nov 2017 Seeding/Sodding Boulevard August 2016 — Nov 2017 Country View Estates Phase 2 Subd. Agmt. - 15 - ATTACHMENT "C" COUNTRY VIEW ESTATES PHASE 2 MUNICIPALITY OF BAYHAM ESTIMATED COSTS Tree Planting —5 lots $150 each 750.00 c 4 s ; •i,.• 4 4 A. \ $ .1 t $ R t w 1� iDrD vN 4 a' t> 4 ii la �4 7. 441 ., ,,, - \...- ... ice, Ism.- '$ D�N«.D •055555. `� «N I �7 I Id ---nrr� _ a----a� ,..<... I - df I' rix.,PLAN r'4 t t . t 4 +>\G w ,,, y„ a� i yl+ - N.; a t4. -0' 4 4 Fa. :aao I 6 Wil" 1 J 6r is e + ,:0-z- i-,, —4'.7:t::;;Zr.4 14/474 t t i I N. "oma^ iA v • 1 a fs ,..___••��+ Ary,... i ▪ - ��/ ,,/ ' _-_ 4'___ __ 1 a - _ in ®p '<*''''' • + +® $= • . 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FrFNo METRIC SCALE 1.500 MUNICIPALITY OF BAY H A M `A C J D l •a°§`•? oe°.eni COUNTRY NEW ESTATES n.s ,.�.a.N.arr..a: .-..o.. ren• s�.w., .., ,s.N»..»,. -.. wawn � R � 4 m..�mN PHASE 2 � °pNp1 A °1L B `+ DIe- NORTH HALL osteo Nw.muc'.Num a..n 4�Jf ‘..:7-..?" �+mwe +• reDID ��1-17.10 GRADING PLAN/ °' �r �°• a- -� DES. auw,.r,M aco®..3 GENERAL PLAN OF SERVICES .,.N.„y. wrt a...Cr N. NENE. DATE BY POEN.N0.ON SURVEY.N':TPN DATE JUNE 1014 wuNwO Ne. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-049 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD MAY 19, 2016 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 May 19, 2016 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 19th day of May, 2016. MAYOR CLERK