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HomeMy WebLinkAboutAugust 17, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, August 17, 2023 7:00 p.m. 7:30 p.m. Planning Public Meeting 8:00 p.m. Drainage Public Meeting The August 17, 2023 Council Meeting will allow for a hybrid meeting function. You may attend in person or virtually through the live-stream on the Municipality of Bayham’s YouTube Channel 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. PRESENTATIONS A. Stephen Miller, Bayham/Malahide By-law Enforcement Officer re By-law Enforcement 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held July 20, 2023 B. Statutory Planning Meeting held July 20, 2023 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council 11. PHYSICAL SERVICES – EMERGENCY SERVICES 11.1 Correspondence 11.1.1 Receive for Information 11.1.2 Requiring Action Council Agenda August 17, 2023 2 11.2 Reports to Council A. Report BL-04/23 by Stephen Miller, By-law Enforcement Officer re Zoning By-law Enforcement Policy B. Report PS-13/23 by Ed Roloson, Manager of Capital Projects/Water & Wastewater Operations re MECP Consolidated Linear Infrastructure Environmental Compliance Approvals 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-08/23 – Blatz B. Notice of Public Meeting re Proposed Official Plan and Zoning By-law Amendment OPA-05/23 and ZBA 09/23 – Municipality of Bayham 12.1.2 Requiring Action 12.2 Reports to Council A. Report DR-03/23 by Steve Adams, Manager of Public Works/Drainage Superintendent re Petition for Drainage – Obar/Cain B. Report DS-47/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-06/23 Gregory Underhill Farms Ltd. 55267 Orchard Line C. Report DS-48/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-07/23 Crevits 56858 Tunnel Line D. Report DS-49/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E53-23 Pettigrew 6423 Plank Road E. Report DS-50/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Development Agreement 7363 Coyle Road, Minor Variance A-06/23 Redsell 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Town of Amherstburg re Support Letter: Local Emergency Response System and Gaps in Healthcare – Code Red & Black Frequency B. City of Hamilton re Provincial Amendments to the Greenbelt Plan C. Municipality of North Perth re Reducing Municipal Insurance Costs Council Agenda August 17, 2023 3 D. Town of Fort Erie re Controls on Airbnb, VRBO and Others Which Affect Municipal Rentals E. City of Woodstock re Homelessness Crisis and Opioid Crisis F. City of Woodstock re Safe and Respectful Workplace G. Northumberland County re Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement H. Town of Halton Hills re Support for School Bus Stop Arm Cameras I. Village of Merrickville-Wolford re Proposed Provincial Planning Statement J. Township of Puslinch re Bill 3, Special Powers and Duties of Heads of Council K. Township of Puslinch re Short Term Rentals L. City of Toronto re Proposed Provincial Planning Statement M. County of Elgin re July 25, 2023 County Council Highlights N. County of Elgin re August 8, 2023 County Council Highlights 13.1.2 Requiring Action A. Linda Phillips Kelm re Jackson Line Traffic B. John and Donna Wilkinson re Dangerous Driving on Plank Road, Eden 13.2 Reports to Council A. Report TR-13/23 by Lorne James, Treasurer re 2023 Q2 Variance Report B. Report CL-09/23 by Meagan Elliott, Clerk re Curbside Bulk Garbage Pick-Up Program Policy C. Report CAO-43/23 by Thomas Thayer, CAO re Contract Extension – Ontario Provincial Police – Elgin Group Policing Services Agreement D. Report CAO-44/23 by Thomas Thayer, CAO re Update of Bayham Building and Planning Fees E. Report CAO-45/23 by Thomas Thayer, CAO re Shared Services – Malahide Request to Withdraw from Planning Services Provisions F. Report CAO-46/23 by Thomas Thayer, CAO re Quitclaim of Municipal Interest – Registered Plan 4 – Vienna, 55106 Vienna Line Council Agenda August 17, 2023 4 14. BY-LAWS A. By-law No. 2023-060 Being a by-law to authorize the execution of a development agreement between Matthew Redsell and Dorothee Astbury and the Corporation of the Municipality of Bayham B. By-law No. 2023-061 Being a by-law for the use, protection and regulation of public parks and recreation areas in the Municipality of Bayham C. By-law No. 2023-062 Being a by-law to amend by-law 2023-053 being a by-law to appoint municipal officers and employees for the Municipality of Bayham D. By-law No. 2023-063 Being a by-law to adopt the curbside bulk garbage pick-up program policy E. By-law No. 2023-064 Being a by-law to authorize the Mayor and Clerk to execute an amending agreement with His Majesty the King in Right of Ontario as represented by the Solicitor General for the provision of police services for the Elgin group municipalities F. By-law No. 2023-065 Being a provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Hampton Municipal Drain Improvements G. By-law No. Z758-2023 Being a by-law to amend By-Law No. Z456-2003, as amended – Gregory Underhill Farms Ltd. H. By-law No. Z759-2023 Being a by-law to amend By-Law No. Z456-2003, as amended –Crevits 15. UNFINISHED BUSINESS 16. OTHER BUSINESS A. Minutes of the Waterfront Advisory Committee Meeting held July 17, 2023 B. Minutes of the Museum Advisory Committee Meeting held July 19, 2023 C. Recommendations to Council from the Waterfront Advisory Committee D. Recommendations to Council from the Museum Advisory Committee 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-066 Being a by-law to confirm all actions of Council 18. ADJOURNMENT By-law Enforcement MUNICIPALITY OF BAYHAM About Me -Stephen Miller -new By-law Enforcement Officer for Bayham and Malahide -20+ years experience in urban and rural municipalities, including beach communities. -Certified MLEO with the Municipal Law Enforcement Officers Association of Ontario. -Certified Level 2 Property Standards Officer with the Ontario Association of Property Standards Officers. -Licensed Paralegal with the Law Society of Ontario, and formerly worked as Municipal Prosecutor for the City of Barrie in the Ontario Court of Justice. Graduate Diploma in Public Administration (University of Western Ontario). What does a By-law Enforcement Officer do? -Respond to complaints related to violations of regulatory By-laws within a Municipality and attempt to gain voluntary compliance through collaboration, education and enforcement if necessary. -Activities are governed by the Municipal Act, Ontario Building Code, Ontario Evidence Act and Section 15 of the Police Services Act which appoints By-law Enforcement Officers as Peace Officers for the purposes of By-law Enforcement. -Work with residents, businesses and visitors, explain how and why the by-laws apply, and work with stakeholders to ensure voluntary compliance. Interpersonal communication as well as written documentation are key and enforcement actions such as the laying of charges, or remedial action are a last resort. -Work with external governmental agencies on issues that cross jurisdictional boundaries. These agencies can include the Ontario Provincial Police, Ministry of Transportation Ontario, Ministry of the Environment, OSPCA, etc. What is Remedial Action? Remedial Action is where a property is not in compliance with a Municipal By-law and they have been given an Order or Notice to Comply. If the property owner refuses to comply with the order, the By-law Enforcement Officer can obtain a third party to do that work, and bill the costs back to the property owner in the same manner as municipal taxes. Essentially, we take action to remedy the issue of non-compliance. Is a By-law Enforcement Officer a Law Enforcement Officer? Essentially yes (Section 15 of the Police Services Act) Acts more like a community problem solver. We work with people to help trouble shoot the best possible solution related to an issue of non-compliance. By-law Enforcement Officers can issue tickets or summonses with a monetary fine attached to it. If the person appeals those charges, trials are held in the Elgin County, Ontario Court of Justice in front of a Justice of the Peace. At Trial, the By-law Enforcement Officer swears an oath to the tell the truth, provides oral testimony, and brings evidence taken during the course of an investigation for the courts consideration. It is very important that all rules related to evidence are followed, and special care not to infringe on peoples right is taken. Why is By-law Enforcement Important? -Ensure that the By-laws adopted by Council are being followed. This process is important for legitimizing the policy direction that Council wishes to undertake. -Reinforce an acceptable standard of living and behavior within the municipalities that we serve, and help to create strong communities by forging relationships and alleviating conflicts. -Help de-escalate escalating situations within their municipalities and help mitigate risk to the Municipality should a particular situations result in civil litigation. -Serve as Community Ambassadors to visitors from outside of the Municipality. What role does Council play in By-law Enforcement? Council can……. -Direct the conduct of research and bringing forth new By-laws to regulate activities within the Municipality of Bayham for Council’s approval. -Identify Community Problems that require attention and direct staff to prepare a Council report related to the best way to address those problems. -Direct the creation of Policies or Procedures related to overall by-law operations. Council Cannot…… -Directly involve themselves in an ongoing investigation -Request specific information related to an ongoing investigation as By-law files are governed by the Municipal Freedom of Information and Protection of Privacy Act. Note: If a Councilor were to become directly involved in a By-law Enforcement Matter, they could become a subpoenablewitness should the issue wind up in court. Next Steps A comprehensive operational review is currently underway with special consideration given to: •Strategic goals and priorities for by-law enforcement •Public awareness and education •Legal and financial risks •Operational efficiencies and cost recovery THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, July 20, 2023 7:00 p.m. 7:30 p.m. Public Planning Meeting – 2 Applications The July 20, 2023 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 13.2 A CAO-41/23 by Thomas Thayer, CAO re Agreement – Rogers Communication Tower – Straffordville Fire Hall 55764 Third Street 13.2 B CAO-42/23 by Thomas Thayer, CAO re Agreement – RSM Building Consultants Inc. – Building Support Services 4. ANNOUNCEMENTS Councillor Chilcott reminded residents of the Mystery Cruise and Poker Run event taking place on Saturday, July 22nd hosted by the Bayham Historical Society. CAO Thomas Thayer reminded residents that the Municipal Office will be closed Monday, August 7th for the Civic Holiday. Council Minutes July 20, 2023 2 5. PRESENTATIONS 6. DELEGATIONS A. Jacob Hanlon re Food Cycle Science Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the delegation from Jacob Hanlon re Food Cycle Science be received for information. CARRIED B. Petrusia Hontar re St. Thomas Elgin Local Immigration Partnership Moved by: Deputy Mayor Weiser Seconded by: Councillor Chilcott THAT the delegation from Petrusia Hontar re St. Thomas Elgin Local Immigration Partnership be received for information. CARRIED The Council Meeting recessed to host a Statutory Planning Public Meeting at 7:33 p.m. The Council Meeting resumed at 7:38 p.m. 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Special Council Meeting held June 15, 2023 B. Regular Council Meeting held June 15, 2023 C. Special Council Meeting held July 6, 2023 Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the minutes of the Special Council Meeting held June 15, 2023, Regular Council Meeting held June 15, 2023 and Special Council Meeting held July 6, 2023 be approved as presented. CARRIED 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 10.1 Correspondence Council Minutes July 20, 2023 3 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council 11. PHYSICAL SERVICES – EMERGENCY SERVICES 11.1 Correspondence 11.1.1 Receive for Information 11.1.2 Requiring Action 11.2 Reports to Council A. Report PS-12/23 by Steve Adams, Manager of Public Works/Drainage Superintendent re Vienna Community Park Multi-Use Court RFP 23-02 Award Moved by: Councilor Emerson Seconded by: Councillor Froese THAT Report PS-12/23 re Vienna Community Park Multi-Use Court RFP 23-02 Award be received for information; AND THAT Council award RFP-23-02 to Rail Tech Enterprises for a double-court multi- use court in the Vienna Community Park in the amount of $111,456 +HST; AND THAT any overage between the RFP-23-02 award cost and the remaining allocation for Capital Item PR-02 be funded through a combination of the Parks & Playground Reserve and Parkland Reserve Fund. CARRIED 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Decision of Minor Variance Application A-04/23 Flett B. Notice of Decision of Minor Variance Application A-05/23 Toms C. Notice of Decision of Minor Variance Application A-06/23 Redsell D. Notice of Decision of Minor Variance Application A-07/23 Holcombe E. Notice of Meeting re Proposed Zoning By-law Amendment ZBA-06/23 Gregory Underhill Farms Ltd. F. Notice of Meeting re Proposed Zoning By-law Amendment ZBA-07/23 Crevits Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson Council Minutes July 20, 2023 4 THAT items 12.1.1 A – F be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DR-02/23 by Steve Adams, Manager of Public Works/Drainage Superintendent re 2nd Quarter Drainage Report Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT Report DR-02/23 re 2st Quarter Drainage Report be received for information. CARRIED B. Report DS-44/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E50-23 Unger, 53579 Calton Line Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report DS-44/23 regarding the Consent Application E50-23 Unger be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E50-23 be granted subject to the following conditions and considerations: 1. That the owner provide storm water management, drainage and grading plans for the severed lot to the satisfaction of the Municipality 2. That the owner pay fees as required in Municipal By-law No. 2020-053 Cash-in-lieu of Parkland 3. That the owner provides a survey of the subject lands and includes in the drawing package the requirements from the Planning Act Section 51(17) 4. That the owner provides a Planning Report fee payable to the Municipality 5. The owner obtain site-specific Zoning By-law Amendment approval to permit existing maximum accessory building floor area in excess of the permitted maximum on the retained parcel 6. That the owner install an individual private well on the severed lot providing the municipality with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety 7. That the owner obtain a Municipal Lot Assessment through the municipality for determination of soils for a private septic system on the severed lot 8. That the owner provide written confirmation of County road access approval for the severed lot from the County of Elgin 9. That the owner purchase a civic number sign for the severed lot from the Municipality CARRIED Council Minutes July 20, 2023 5 C. Report DS-45/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E45-23 Algar Farms Ltd., Concession 3 Lots 1, 2 and 3 Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report DS-45/23 regarding the Consent Applications E56-23 and E57-23 Algar Farms Limited be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Applications E56-23 and E57-23 be granted subject to the following conditions and considerations: 1. That the owner provide storm water management, drainage and grading plans for the severed lot to the satisfaction of the Municipality 2. That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for the County Road 43 Drain in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. 3. That the owner pay fees as required in Municipal By-law No. 2020-053 Cash-in-lieu of Parkland 4. That the owner provides a survey of the subject lands and includes in the drawing package the requirements from the Planning Act Section 51(17) 5. That the owner provides a Planning Report fee payable to the Municipality 6. That the owner install an individual private well on the severed lots providing the municipality with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety 7. That the owner obtain a Municipal Lot Assessment through the municipality for determination of soils for a private septic system on the severed lots 8. That the owner provide written confirmation of County road access approval for the severed lots from the County of Elgin 9. That the owner purchase a civic number sign for the severed lots from the Municipality CARRIED D. Report DS-46/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Draft PPS 2023 Review Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Staff Report DS-46/23 re Draft PPS 2023 Review be received for information; AND THAT once the policy changes come into effect, amendments be made to certain Official Plan policies to be consistent to the new document as part of the Municipality of Bayham Official Plan 5-Year 2023-2024 Review; Council Minutes July 20, 2023 6 AND THAT Staff prepare and submit formal comment(s) to the Province by August 4, 2023. CARRIED 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Township of South Glengarry re Reducing Municipal Insurance Costs B. Town of Halton Hills re Reducing Municipal Insurance Costs C. County or Elgin re Home-Based Childcare Operator Regulations D. City of Quinte West re Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement E. City of Port Colborne re the Right-to-Repair Movement F. Town of Matachewan re Tax Sale Proceeds G. Township of Georgian Bluffs re Bill 23 H. Town of Essex re Code Red and Code Black Frequency I. Alexandra Hospital Ingersoll & Tillsonburg District Memorial Hospital re 2022-2023 Annual Report J. Long Point Region Conservation Authority re June 7, 2023 Meeting Minutes K. Elgin County re June 27, 2023 County Council Highlights L. Elgin County re July 11, 2023 County Council Highlights M. Elgin County re Village of Vienna Speed Limit Amendment Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT items 13.1.1 A – M be received for information; AND THAT Council for the Corporation of the Municipality of Bayham supports item D, City of Quinte West re Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement. CARRIED Council Minutes July 20, 2023 7 13.1.2 Requiring Action 13.2 Reports to Council A. CAO-41/23 by Thomas Thayer, CAO re Agreement – Rogers Communication Tower – Straffordville Fire Hall 55764 Third Street Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report CAO-41/23 re Agreement – Rogers Communication Tower – Straffordville Fire Hall – 55764 3rd Street, Straffordville be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham resolves to enter into a Telecommunications Site Agreement with Rogers Communications Inc. after such time as a complete Siting Justification Report and Site Plan have been provided, and the Federal statutory public notice and comment period have been completed, both to the satisfaction of the Municipality. CARRIED B. CAO-42/23 by Thomas Thayer, CAO re Agreement – RSM Building Consultants Inc. – Building Support Services Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-42/23 re Agreement – RSM Building Consultants Inc. – Building Support Services be received for information; AND THAT Council delegate authority to the Chief Administrative Officer (CAO) to execute a Consulting Services Agreement with RSM Building Consultants Inc. (RSM) on behalf of the Municipality for building support services in support of an established Building shared service with the Township of Malahide. CARRIED 14. BY-LAWS A. By-law No. 2023-058 Being a by-law to authorize the execution of a land use agreement between the Corporation of the Municipality of Bayham and the Straffordville Community Committee Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT By-law No. 2023-058 be read a first, second and third time and finally passed. CARRIED Council Minutes July 20, 2023 8 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-059 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Confirming By-law No. 2023-059 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the Council meeting be adjourned at 8:53 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, July 20, 2023 7:30 p.m. A. Proposed Zoning By-Law Amendment ZBA-06/23 Gregory Underhill Farms Ltd. 55267 Orchard Line B. Proposed Zoning By-Law Amendment ZBA-07/23 Crevits 56858 Tunnel Line The July 20, 2023 Public Planning Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL PUBLIC ATTENDEES A: N/A PUBLIC ATTENDEES B: N/A APPLICATION A 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:33 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Proposed Zoning By-Law Amendment ZBA-06/23 Gregory Underhill Farms Ltd. 55267 Orchard Line 2 Statutory Planning Minutes July 20, 2023 THE PURPOSE of this By-law Amendment is to rezone the subject lands from ‘Tourist Commercial (C3)’ and ‘Special Agriculture (A2)’ to a ‘site-specific Tourist Commercial (C3-1)’ zone to permit commercial / seasonal travel trailer park and campground use consistent to the existing travel trailer park and campground use of the lot addition lands, in Zoning By-law No. Z456-2003. The subject lands are a portion of lands known as 55267 Orchard which are to be merged with lands known as 5 Bridge Street, Port Burwell. THE EFFECT of this By-law will be to facilitate the expansion of the Big Otter Marina and Campground as part of the clearing of Consent Conditions for Elgin Land Division Committee file Number E21-23 granted May 24, 2023. 5. PUBLIC PARTICIPATION No public participation. 6. CORRESPONDENCE No correspondence received. 7. OTHER BUSINESS No other business. 8. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the Zoning By-law be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application ZBA-06/23 is now complete at 7:35 p.m. CARRIED APPLICATION B 9. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:36 p.m. 10. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 11. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 3 Statutory Planning Minutes July 20, 2023 12. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT B. Proposed Zoning By-Law Amendment ZBA-07/23 Crevits 56858 Tunnel Line THE PURPOSE of this By-law Amendment is to rezone two portions of the subject lands, one portion from ‘Agricultural (A1)’ to a ‘Rural Residential (RR)’ zone to permit residential use, and the remainder from ‘A1’ to ‘Special Agricultural (A2)’ as a result of a surplus farm dwelling severance, in Zoning By-law Z456-2003. The subject lands are known as 56858 Tunnel Line, north side, east of Toll Gate Road. THE EFFECT of this By-law will be to recognize the residential nature of the newly created residential lot and to prohibit new dwellings on the retained farm parcel in accordance to the Official Plan, as part of the clearing of Consent Conditions for Elgin Land Division Committee File Number E104-22 granted February 22, 2023 13. PUBLIC PARTICIPATION No public participation. 14. CORRESPONDENCE No correspondence received. 15. OTHER BUSINESS No other business. 16. ADJOURNMENT Moved by: Councillor Emerson Seconded by: Councillor Froese THAT the Zoning By-law be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application ZBA-07/23 is now complete at 7:38 p.m. CARRIED MAYOR CLERK REPORT MUNICIPAL LAW ENFORCEMENT TO: Mayor & Members of Council FROM: Stephen Miller, By-Law Enforcement Officer DATE: August 17, 2023 REPORT: BL-04/23 SUBJECT: ZONING BY-LAW ENFORCEMENT POLICY BACKGROUND The Municipality of Bayham adopted Zoning By-law No. Z456-2003 on April 15, 2002. This Zoning By-law is one of Bayham’s primary planning documents, used to guide orderly development and land use in the municipality. The Zoning By-law employs Zones, which outline permitted uses, setbacks, lot coverages, and other acceptable forms of development within a given area. Any use or site-specific planning consideration outside of what is outlined in the Zoning By-law, or approved to amend the Zoning By-law by Council assent, or pre-existing and legal non-conforming in nature, is deemed to be non-compliant with the Zoning By-law. The Municipality may be advised of a potential Zoning By-law non-compliance matter in two manners: 1) A confidential by-law complaint is filed in accordance with the Municipality’s By-law Enforcement Policy; or, 2) The Municipality becomes aware of a potential non-compliance by virtue of its regular conduct of business and activity in the community. In recent months, the Municipality has been made aware of an increasing number of properties in Bayham that are potentially non-compliant with the Municipality’s Zoning By-law No. Z456-2003, as amended, which makes enforcement in this regard a priority consideration. Council has also adopted By-law No. 2023-003, which establishes a shared service Memorandum of Understanding (MOU) between the Municipality of Bayham and Township of Malahide for provision of services including by-law enforcement. Under the MOU, by-law enforcement services are to be provided to both municipalities by Bayham. On July 10, 2023, a dedicated By-law Enforcement Officer started with the Municipality of Bayham, with services being split between Bayham and Malahide. The responsibilities of the By-law Enforcement Officer include enforcement of municipal by-laws, review and update of existing by-laws, implementation of new by-laws that meet the needs of the Municipality, as well as drafting Policies and Procedures related to by-law enforcement. DISCUSSION The By-law Enforcement Officer is responsible for enforcement of all Municipal by-laws including enforcement of the Municipality of Bayham Zoning By-law No. Z456-2003, as amended. As zoning enforcement files can range in scope and complexity, some files can take a significant amount of time to resolve depending on the approach taken by the property owner. Where a property owner elects to pursue re-zoning for example, files can involve the employ of land use planning consultants and may take years to be successfully resolved. Staff are therefore seeking Council direction to create and bring before Council for consideration a Zoning By-law Enforcement Policy for Council approval, which addresses the approach staff are to take while property owners elect a course of action on a zoning enforcement issue. Council should be advised that compliance with the Zoning By-law, as with all other by-laws, is important to ensure order in Bayham, specifically, in this case, with land use and development; and, to mitigate potential liability associated with non-compliant uses when combined with municipal knowledge of same. This may be considered implied permission for the use in some cases. Staff’s role in this regard is to limit or eliminate risk and ensure compliance to the Municipality’s Zoning By-law No. Z456-2003, as amended. Options Staff present three (3) options, below, for Council’s consideration and discussion, which range in leniency and approach, and which would be integrated into a Zoning By-law Enforcement Policy for future enforcement matters. Option 1 – Strict Enforcement Approach: The By-law Enforcement Officer outlines the zoning issues on the property and seeks that property owners immediately cease activities or uses of property within the Municipality of Bayham that do not comply with the provisions of the Zoning By-law. Any continuation of a prohibited activity or of a use of property not permitted under the Municipality of Bayham Zoning By-law would be actioned by way of enforcement under the Municipality of Bayham Municipal Law Enforcement Policy. Option 2 – Mid-Level Approach: The By-law Enforcement Officer provides information as it relates to zoning contraventions on a property outlining options as it relates to compliance (i.e. cease the non-compliant use and/or apply to rezone the lands). The By-law Enforcement Officer provides a Compliance Date by which the property owner must elect one of the options. Following the Compliance Date, any continued activities or uses not permitted by the Municipality of Bayham Zoning By-law would be actioned by way of enforcement in accordance with the Municipality of Bayham Municipal Law Enforcement Policy. This approach would not permit the activities or uses of property in contravention of the Zoning By-law beyond the Compliance Date, regardless of whether the property owner had engaged in Municipal processes to work towards compliance, such as a statutory planning process. Option 3 – Permissive Approach: The By-law Enforcement Officer provides information as it relates to zoning contraventions on a property, outlining options as it relates to compliance (i.e. cease the non-compliant use and/or apply to rezone the lands). The By-law Enforcement Officer would provide a date by which the property owner is required to engage one of the options listed. The property owners would be permitted to continually use the property in contravention of the Zoning By-law as long as they have engaged in a Municipal process to work towards compliance. This approach would not require that a property owner cease the prohibited activity or use until all Municipal processes for compliance had been exhausted. This approach could result in files remaining outstanding in non-compliance in perpetuity. In consultation with Planning Coordinator, Staff recommend Option 1 in order to reach expeditious resolution of files and ensure compliance as soon as possible, as well as limit municipal liability in these matters where uses are not authorized through the proper channels and/or where land use conflicts may exist. STRATEGIC PLAN Not applicable. RECOMMENDATION 1. THAT Report BL-04/23 re Zoning By-law Enforcement Policy be received for information; 2. AND THAT Council provide direction regarding the enforcement options to include in a Zoning By-law Enforcement Policy; 3. AND THAT a Zoning By-law Enforcement Policy be brought forward for Council’s consideration. Respectfully submitted: Reviewed by: Stephen Miller, MLEO (c), GDPA, Thomas Thayer, CMO, AOMC Licensed Paralegal LSO By-Law Enforcement Officer Chief Administrative Officer REPORT PHYSICAL SERVICES TO: Mayor & Members of Council FROM: Ed Roloson, Manager of Capital Projects|Water/Wastewater Ops. DATE: August 17, 2023 REPORT: PS-13/23 SUBJECT: MECP CONSOLIDATED LINEAR INFRASTRUCTURE ENVIRONMENTAL COMPLIANCE APPROVALS BACKGROUND This Report is bringing information forward regarding the Municipality of Bayham’s consolidated linear infrastructure Environmental Compliance Approvals (ECAs) as established by the Ministry of Environment, Conservation and Parks (MECP). DISCUSSION The MECP has recently restructured their approach to approvals of low risk sanitary sewer and storm water conveyance systems. MECP approvals for wastewater treatment and water treatment plant facilities remains unchanged. Modernized approvals to municipal linear infrastructure includes pre-authorized conditions similar in scope to municipal drinking water systems. This newly-downloaded approvals process is anticipated to reduce burden on municipalities, developers, and the MECP, while imposing a consistent set of conditions intended to improve environmental protection. The use of standardized system design, construction and operations of municipal sanitary and storm systems is one of the Ontario government’s key objectives as this new approvals process moves forward. Changes to the municipal role includes the following; 1. Accountability and Oversight - No change to existing requirements under other legislation such as the Planning Act. - Pre-authorization is limited to works that will become part of the Municipally-owned system as identified within a development agreement. - A professional engineer as defined in the ECAs must complete designs and sign off on prescribed forms that the works have been completed as per Provincial Standards. - Work may be undertaken by another party on behalf of the Municipality. - Municipalities must agree to (approve) any changes to their system and must maintain records to ensure conditions of pre-authorization are being met. - Municipal ECAs expire every 5 years. - All records including drawings must be retained and forwarded to the MECP for ECA renewals (every 5 years). 2. Operations and Maintenance - Enhanced requirements for monitoring system operation, inspecting, and maintaining in the system as well as required reporting. Upon review of the attached ECAs, staff provide the following comments: The increased staff time will result in a need for increased operating budgets (wastewater and public works), however, consideration may be given to partially recouping these expenses through the development agreement process, where applicable. There may be an increased workload as a result of prescribed operational and maintenance activities, including Asset Identification and Asset Management Plan (AMP) updates, which will be required for every ECA renewal. There is also substantial concern regarding Storm Water Management (SWM) facilities, specifically SWM ponds. The detailed operations/maintenance requirements as well inspection/monitoring plans create significant financial and liability exposure. Monitoring and management plans will require qualified professionals as the said ponds typically become an aquatic ecosystems that naturally support habitat for many species as well as unwanted vegetation. Further, the MECPs mandate, in part, is to protect Ontario’s land and species at-risk (SAR), including habitats. Aside from aquatic life, SWM ponds often become ecosystems that support a variety of vegetation and habitats for SARs, which may make ongoing monitoring and management of SWM ponds more difficult under an ECA. Sediment management is also a consideration. Sediment management will involve detailed sampling specific to environmental contaminants that, if present, become financially challenging to properly dispose of. Currently, the Municipality has SWM facilities established or under consideration. Examples include the Port Burwell East Beach bioswales, which also form integral outlet components of the Port Burwell Master Drainage Plan, and any SWM pond proposed through a development proposal received and processed by the Municipality and/or County, as the case may be. In light of this, Council may consider prohibiting SWM ponds in future development proposals. Operations and maintenance manuals must be created and adhered to, and ECAs are subject to annual MECP inspections. STRATEGIC PLAN 1.1: Quality of Place > To invest in community infrastructure initiatives that create an effective foundation that contributes to Bayham’s quality of life and economic prospects Initiative(s): Focus on core infrastructure based on the Asset Management Plan and compliance with legislation ATTACHMENTS 1. Municipality of Bayham Sanitary Sewage Collection System ECA 2. Municipality of Bayham Storm Water Management System ECA RECOMMENDATION 1. THAT Report PS-13/23 re: MECP Consolidated Linear Infrastructure Environmental Compliance Approvals be received for information; 2. AND THAT Council provide direction, if any, regarding future consideration of Storm Water Management facilities as components of development proposals. Respectfully Submitted by: Reviewed by: Ed Roloson, CMM III, CRS Thomas Thayer, CMO, AOMC Manager of Capital Projects| Chief Administrative Officer Water/Wastewater Operations 20220422 SAN Page 1 of 54 ENVIRONMENTAL COMPLIANCE APPROVAL For a Municipal Sewage Collection System ECA Number: 061-W601 Issue Number: 1 Pursuant to the Environmental Protection Act, R.S.O 1990, c. E. 19 (EPA), and the regulations made thereunder and subject to the limitations thereof, this environmental compliance approval is issued under section 20.3 of Part II.1 of the EPA to: Bayham, The Corporation of the Municipality of 56169 Heritage Line P.O. Box 160Straffordville, ON N0J 1Y0 For the following Sewage Works: Municipality of Bayham Sanitary Sewage Collection System This Environmental Compliance Approval (ECA) includes the following: Schedule Description Schedule A System Information Schedule B Municipal Sewage Collection System Description Schedule C List of Notices of Amendment to this ECA: Additional Approved Works Schedule D General Schedule E Operating Conditions Schedule F Residue Management win id:512440 All prior ECAs, or portions thereof, issued by the Director for Sewage Works described in section 1 of Schedule B are revoked and replaced by this Approval. DATED at TORONTO this 24th day of May, 2023 Signature Aziz Ahmed, P.Eng.Director, Part II.1, Environmental Protection Act 20220422 SAN Page 2 of 54 Schedule A: System Information System Owner Bayham, The Corporation of the Municipality of ECA Number 061-W601 System Name Municipality of Bayham Sanitary Sewage Collection ECA Issue Date May 24th, 2023 1.0 ECA Information and Mandatory Review Date ECA Issue Date May 24th, 2023 Application for ECA Review Due Date November 15, 2027 1.1 Pursuant to section 20.12 of the EPA, the Owner shall submit an application for review of the Approval no later than the Application for ECA Review Date indicated above. 2.0 Related Documents 2.1 STPs, Satellite Treatment Facilities, and Pumping Stations connected to the Authorized System that are not part of the Authorized System: System/Facility Name Wastewater System Number Location ECA Number Issue Date Pump station #1-ID #11051 11000319 Eden- 11403 Plank Rd 0112-B6VQV8 Dec.6/2018 Pump station #2-ID #11053 11000319 Straffordville-9350 Plank Rd 0112- B6VQV8 Dec.6/2018 Pump station #3-ID #11055 11000319 Straffordville-56826 Heritage Line 0112-B6VQV8 Dec.6/2018 Pumpstation #4-ID #11057 11000319 Straffordville-9352 Garner Rd.0112-B6VQV8 Dec.6/2018 Pump station #5-ID #11059 11000319 Straffordville-8971 Plank Rd.0112-B6VQV8 Dec.6/2018 Pump station #6-ID #11061 11000319 Vienna-54 Front St.0112-B6VQV8 Dec.6/2018 Pump station #7-ID #11063 11000319 Port Burwell –Brock St 0112- B6VQV8 Dec.6/2018 Pump station #8- ID#11066 11000319 Port Burwell-Submariners Way 0112-B6VQV8 Dec.6/2018 Port Burwell Wastewater Treatment Plant- 110001319 Port Burwell-1 Chatham St 0112-B6VQV8 Dec.6/2018 061-W601 Schedule A May 24th, 2023 20220422 SAN Page 3 of 54 ID# 11045 2.2 Other Documents Document Title Version Design Criteria for Sanitary Sewers, Storm Sewers, and Forcemains for future Alterations Authorized under ECA v.1.2 (January. 23, 2023) 3.0 Asset Management Plan Document Title Version Municipality of Bayham Asset Management Plan v.1 (2020) 4.0 Pollution Prevention and Control Plan (if applicable) Document Title Version N/A 061-W601 Schedule A May 24th, 2023 20220422 SAN Page 4 of 54 5.0 Operating Authority System Operating Authority Municipality of Bayham Sanitary Sewage Collection System Municipality of Bayham – Water/Wastewater Dept. 20220422 SAN Page 5 of 54 Schedule B: Municipal Sewage Collection System Description System Owner Bayham, The Corporation of the Municipality of ECA Number 061-W601 System Name Municipality of Bayham Sanitary Sewage Collection ECA Issue Date May 24th, 2023 1.0 System Description 1.1 The following is a summary description of the Sewage Works comprising the Municipal Sewage Collection System: Overview The Municipality of Bayham`s sanitary sewage collection system consists of works for the collection and transmission of sewage within the communities of Eden, Straffordville, Vienna and Port Burwell consisting of 24.5 km of PVC sewage collection mains ranging in size from 150mm – 375mm, 21km of PVC forcemains ranging in size from 50mm – 250mm, 8 sewage pumping stations discharging to the Port Burwell Wastewater Treatment Plant located in Port Burwell equipped with a single SCADA system. Sewage Collection System 1.2 The Authorized System comprises: 1.2.1 The Sewage Works described and depicted in each document or file identified in column 1 of Table B1. Table B1: Infrastructure Map Column 1Document or File Name Column 2Date Sandytown Sanitary 2019 January 2019 1.2.2 Sewers, forcemains, pumping stations and other Sewage Works that have been added, modified, replaced, or extended through authorization provided in a Schedule C Notice respecting this Approval, where Completion occurs on or after the date identified in column 2 of Table B1 for each document or file identified in column 1. 1.2.3 Sewers, forcemains, pumping stations and other Sewage Works that have been added, modified, replaced, or extended through authorization provided in Schedule D of this Approval, where 061-W601 Schedule B May 24th, 2023 20220422 SAN Page 6 of 54 Completion occurs on or after the date identified in column 2 of Table B1 for each document or file identified in column 1. 1.2.4 Any Sewage Works described in conditions 1.3, through 1.7 below. Sewage Pumping Stations 1.3 The following are Sewage pumping stations in the Authorized System: [Sanitary Sewage Pumping Station Name] Asset ID and Name Site Location Latitude and Longitude Coordinates (optional) Description Pumping Station Capacity Equipment Emergency Storage Equipment: Associated controls and Appurtenances Sewage Pumping Station – Collection System OverflowReceiving Stations(if applicable) Odour Control Units Standby Power Notes N/A [Combined Sewage Pumping Stations] Asset ID and Name Site Location Latitude and Longitude Coordinates (optional) Description Pumping Station Capacity Equipment Emergency Storage Equipment: Associated controls and Appurtenances Sewage Pumping Station – Collection System Overflow N/A 061-W601 Schedule B May 24th, 2023 20220422 SAN Page 7 of 54 Receiving Stations(if applicable) Odor Control Units Standby Power Notes Real-Time Control 1.4 The following are identified Real-Time Control Systems in the Authorized System: Description Process Equipment/System Elements Port Burwell Wastewater Treatment plant and all listed pump stations Flow Measurement Locations Treatment plant, pump stations #1,5,6 Level Measurement Locations Treatment plant, and all listed pump stations Other Instrumentation and Controls Treatment plant and all listed pump stations are controlled with a single SCADA system including monitoring, control and alarming Combined Sewage Structures 1.5 The following are regulators and combined Sewage storage structures in the Authorized System: Table B2: Identified Combined Sewer Overflow Regulators Column 1Asset ID/Name Column 2Site Location (Latitude & Longitude) Column 3Regulator Capacity (m3/s) Column 4Overflow Location (Latitude & Longitude) N/A Table B3: Identified Combined Sewage Storage Tanks and Storage Structures Column 1 Asset ID/Name Column 2 Site Location (Latitude & Longitude) Column 3 Regulator Capacity (m3/s) Column 4 Overflow Location (Latitude & Longitude) N/A Collection System Overflow Points 061-W601 Schedule B May 24th, 2023 20220422 SAN Page 8 of 54 1.6 The following are Collection System Overflow points in the Authorized System: Table B4: Identified Combined Sewer Overflow Points including Pumping Stations Column 1Asset ID / Name Column 2Regulator or Combined Sewer Storage Asset ID Column 3Overflow Location (Latitude & Longitude) Column 4Point of Entry to Receiver (Latitude and Longitude) N/A Other Works: 1.7 The following works are part of Authorized System: Table B6: Other Works Column 1 Asset ID / Name Column 2 Site Location (Latitude & Longitude) Column 3 Component Column 4 Description N/A Table B5: Identified Sanitary Sewer Overflow Points including Pumping Stations Column 1 Asset ID Column 2 Asset Name Column 3 Overflow Location (Latitude & Longitude) Column 4 Point of Entry to Receiver (Latitude and Longitude) N/A 20220422 SAN Page 9 of 54 Schedule C: List of Notices of Amendment to this ECA: Additional Approved Sewage Works System Owner Bayham, The Corporation of the Municipality of ECA Number 061-W601 System Name Municipality of Bayham Sanitary Sewage Collection ECA Issue Date May 24th, 2023 1.0 General 1.1 Table C1 provides a list of all notices of amendment to this Approval that have been issued pursuant to clause 20.3(1) of the EPA that impose terms and conditions in respect of the Authorized System after consideration of an application by the Director (Schedule C Notices). Table C1: Schedule C Notices Column 1 Issue # Column 2 Issue Date Column 3 Description Column 4 Status Column 5 DN# N/A N/A N/A N/A N/A 20220422 SAN Page 10 of 54 Schedule D: General System Owner Bayham, The Corporation of the Municipality of ECA Number 061-W601 System Name Municipality of Bayham Sanitary Sewage Collection ECA Issue Date May 24th, 2023 1.0 Definitions 1.1 For the purpose of this Approval, the following definitions apply: “Adverse Effect(s)” has the same meaning as defined in section 1 of the EPA. “Alteration(s)” includes the following, in respect of the Authorized System, but does not include repairs to the system: a) An extension of the system, b) A replacement or retirement of part of the system, or c)A modification of, addition to, or enlargement of the system. “Approval” means this Environmental Compliance Approval including any Schedules attached to it. “Appurtenance(s)” has the same meaning as defined in O. Reg. 525/98 (Approval Exemptions) made under the OWRA. “Authorized System” means the Sewage Works comprising the Municipal Sewage Collection System authorized under this Approval”. “Average Year” means the long term average of flow based on: a) Simulation of at least twenty years of rainfall data; b) A year in which the rainfall pattern (e.g., intensity, volume, and frequency) is consistent with the long-term mean of the area; c) A year in which the runoff pattern resulting from the rainfall (e.g., rate, volume, and frequency) is consistent with the long-term mean of the area; or d) Any combination of a), b) and c). 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 11 of 54 “Collection System Overflow(s)” means a discharge (SSO or CSO) to the environment at designed location(s) from the Authorized System. “Combined Sewer(s)” means pipes that collect and transmit both sanitary Sewage and other Sewage from residential, commercial, institutional and industrial buildings, and facilities and Stormwater through a single-pipe system, but does not include Nominally Separate Sewers. “Completion” means substantial performance as described in s.2 (1) of the Construction Act, R.S.O. 1990, c. C.30. “Compound of Concern” means a Contaminant that is discharged from the Facility in an amount that is not negligible. “Contaminant” has the same meaning as defined in section 1 of the EPA. “CSO” means a combined sewer overflow which is a discharge to the environment at designated location(s) from a Combined Sewer or Partially Separated Sewer as per Table B4 that usually occurs as a result of precipitation when the capacity of the Sewer is exceeded. An intervening time of twelve hours or greater separating a CSO from the last prior CSO at the same location is considered to separate one overflow Event from another. "CWA" means the Clean Water Act, R.S.O. 2006, c.22. “Design Criteria” means the design criteria set out in the Ministry’s publication “Design Criteria for Sanitary Sewers, Storm Sewers and Forcemains for Alterations Authorized under Environmental Compliance Approval”, (as amended from time to time). “Design Guidelines for Sewage Works” means the Ministry document titled “Design Guidelines for Sewage Works”, 2008 (as amended from time to time). "Director" means a person appointed by the Minister pursuant to section 5 of the EPA for the purposes of Part II.1 of EPA (Environmental Compliance Approvals). “Director Notification Form” means the most recent version of the Ministry form titled Director Notification – Alterations to a Municipal Sewage Collection System, as obtained directly from the Ministry or from the Ministry’s website. "District Manager" means the district manager or a designated representative of the Local Ministry Office. 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 12 of 54 “Dry Weather Flow(s)” means Sewage flow resulting from both sanitary Sewage, and infiltration and inflows from foundation drains or other drains occurring during periods with an absence of rainfall or snowmelt. "EAA" means the Environmental Assessment Act, R.S.O. 1990, c. E.18. "EPA" means the Environmental Protection Act, R.S.O. 1990, c.E.19. "Emergency Situation" means a structural, mechanical, electrical failure, or operational health and safety incident, that causes a temporary reduction in the capacity, function, or performance of any part of the Authorized System or an unforeseen flow condition that may result in: a) Danger to the health or safety of any person; b) Injury or damage to any property, or serious risk of injury or damage to any property; c) Adverse Effect to the Natural Environment; or d) Spill. “Equipment” means equipment or processes described in this Approval and any other equipment or process that supports the operation or maintenance of the Authorized System. “ESC” means erosion and sediment control. "Event(s)" means an action or occurrence, at any given location within the Authorized System that causes a Collection System Overflow. An Event ends when there is no recurrence of a CSO or SSO in the Collection System at the same location in the 12-hour period following the last Collection System Overflow. “Facility” means the entire operation located on the property where the Sewage Works or Equipment is located. “Form A1” means the most recent version of the Ministry form titled Record of Future Alteration Authorized for Equipment Discharging a Contaminant of Concern to the Atmosphere from a Municipal Sewage Collection System, as obtained directly from the Ministry or from the Ministry’s website. “Form CS1” means the most recent version of the Ministry form titled Record of Future Alteration Authorized for Combined Sewers/Partially Separated Sewers/Combined Sewage Storage Tanks and Storage Structures as obtained directly from the Ministry or from the Ministry’s website. 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 13 of 54 “Form SS1” means the most recent version of the Ministry form titled Record of Future Alteration Authorized for Separate Sewers/Nominally Separate Sewers/Forcemains, as obtained directly from the Ministry or from the Ministry’s website. “Form SS2” means the most recent version of the Ministry form titled Record of Future Alteration Authorized for Components of the Municipal Sewage Collection System, as obtained directly from the Ministry or from the Ministry’s website. “Hauled Sewage” has the same meaning as defined in section 1 of Regulation 347 (General – Waste Management) made under the EPA. "Licensed Engineering Practitioner” means a person who holds a licence, limited licence, or temporary licence under the Ontario Professional Engineers Act R.S.O. 1990, c. P.28. “Local Ministry Office” means the local office of the Ministry responsible for the geographic area where the Authorized System is located. "Minister" means the Minister of the Ministry, or such other member of the Executive Council as may be assigned the administration of the EPA and OWRA under the Executive Council Act, R.S.O. 1990, c. E.25. "Ministry" means the Ministry of the Minister and includes all employees or other persons acting on its behalf. “Municipal Sewage Collection System” means all Sewage Works, located in the geographical area of a municipality that collect and transmit Sewage and are owned, or may be owned pursuant to an agreement with a municipality entered into under the Planning Act or Development Charges Act, 1997, by: a) A municipality, a municipal service board established under the Municipal Act, 2001 or a city board established under the City of Toronto Act, 2006; or b) A corporation established under sections 9, 10, and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act or under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act. “Natural Environment” has the same meaning as defined in section 1 of the EPA. "Nominally Separate Sewer(s)" mean Separate Sewers that also have connections from roof leaders and foundation drains, and are not considered to be Combined Sewers. 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 14 of 54 “Operating Authority” means, in respect of the Authorized System, the person, entity, or assignee that is given responsibility by the Owner for the operation, management, maintenance or Alteration of the Authorized System or a portion of the Authorized System. "Owner" for the purposes of this Approval means the Corporation of the Municipality of Bayham, and includes its successors and assigns. "OWRA" means the Ontario Water Resources Act, R.S.O. 1990, c. O.40. “O&M Manual” means the operation and maintenance manual prepared and maintained by the Owner under condition 3.2 in Schedule E of this Approval. "Partially Separated Sewer(s)" means Combined Sewers that have been retrofitted to transmit sanitary Sewage but in which roof leaders or foundation drains still contribute Stormwater inflow to the Partially Separated Sewer. “Peak Hourly Flow” means the the largest volume of flow to be received during a one-hour period expressed as a volume per unit time. This is also referred to as maximum hourly flow or maximum hour flow. “Point of Entry” has same meaning as in the Wastewater Systems Effluent Regulations (SOR/2012-139) under the Fisheries Act, R.S.C 1985, c. F-14. “Pollution Prevention and Control Plan” or “PPCP” means a plan developed for Combined Sewers in the Authorized System to meet the goals of Procedure F-5-5. "Prescribed Person” means a person prescribed in O. Reg. 208/19 (Environmental Compliance Approval in Respect of Sewage Works) for the purpose of ss. 20.6 (1) of the EPA, and where the alteration, extension, enlargement, or replacement is carried out under an agreement with the Owner. "Procedure F-5-1" means the Ministry document titled “F-5-1 Determination of Treatment Requirements for Municipal and Private Sewage Treatment Works” (as amended from time to time). "Procedure F-5-5" means the Ministry document titled “F-5-5 Determination of Treatment Requirements for Municipal and Private Combined and Partially Separated Sewer System” (as amended from time to time). "Publication NPC-207" means the Ministry draft technical publication "Impulse Vibration in Residential Buildings", November 1983, 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 15 of 54 supplementing the Model Municipal Noise Control By-Law, Final Report, August 1978, (as amended from time to time). “Publication NPC-300” means the Ministry publication NPC-300, “Environmental Noise Guideline: Stationary and Transportation Sources – Approval and Planning” August 2013, (as amended from time to time). “Pumping Station Capacity” means the design Peak Hourly Flow of Sewage which the Sewage pumping station is designed to handle. “Real-time Control System” means the dynamic operation of the collection system, including Real-Time Physical Control Structures, by responding to continuous field monitoring to maintain and achieve performance and operational objectives, during dry and wet weather conditions. “Real-time Physical Control Structure” means a structure (e.g., pumps, gates, and weirs) that reacts in real-time based on direction from the Real-Time Control System. “Regulator Capacity” means the flowrate (m3/s) at which Collection System Overflow begins. “SAC” means the Ministry’s Spills Action Centre. “SCADA” means a supervisory control and data acquisition system used for process monitoring, control, automation, recording, and/or reporting within the Sewage system. “Schedule C Notice(s)” means a notice(s) of amendment to this Approval issued pursuant to clause 20.3(1) of the EPA that imposes terms and conditions in respect of the Authorized System after consideration of an application by the Director. “Separate Sewer(s)” means pipes that collect and transmit sanitary Sewage and other Sewage from residential, commercial, institutional, and industrial buildings. “Sewage” has the same meaning as defined in section 1 of the OWRA. “Sewage Works” has the same meaning as defined in section 1 of the OWRA. “Sewer” has the same meaning as defined in section 1 of O. Reg. 525/98 under the OWRA. "Significant Drinking Water Threat" has the same meaning as defined in section 2 of the CWA. 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 16 of 54 “Significant Snowmelt Event(s)” means the melting of snow at a rate which adversely affects the performance and function of the Authorized System and/or the STP(s) identified in Schedule A of this Approval. “Significant Storm Event(s)” means a minimum of 25 mm of rain in any 24 hours period. “Source Protection Authority” has the same meaning as defined in section 2 of the CWA. "Source Protection Plan" means a drinking water source protection plan prepared under the CWA. “Spill(s)” has the same meaning as defined in subsection 91(1) of the EPA. “SSO” means a sanitary sewer overflow which is a discharge of Sewage from a Separate Sewer or Nominally Separate Sewer to the environment from designated location(s) in the Authorized System as per Table B5. “Standard Operating Policy for Sewage Works” means the standard operating policy developed by the Ministry to assist in the implementation of Source Protection Plan policies related to Sewage Works and providing minimum design and operational standards and considerations to mitigate risks to sources of drinking water, as amended from time to time. “Storm Sewer” means Sewers that collect and transmit, but not exfiltrate or lose by design, Stormwater resulting from precipitation and snowmelt. “Stormwater” means rainwater runoff, water runoff from roofs, snowmelt, and surface runoff. “Stormwater Management Facility(ies)” means a Facility for the treatment, retention, infiltration, or control of Stormwater. “STP” means sewage treatment plant. “STP Bypass(es)” means diversion of Sewage around one or more treatment processes, excluding preliminary treatment system, within the STP with the diverted Sewage flows being returned to the STP treatment train upstream of the final effluent sampling point(s) and discharged via the approved effluent disposal facilities. “STP Overflow(s)” means a discharge to the environment from the STP at designed location(s) other than the approved effluent disposal facilities or via the effluent disposal facilities downstream of the final effluent sampling point. 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 17 of 54 “Uncommitted Reserve Hydraulic Capacity” means uncommitted reserve capacity as described in the Ministry document titled “D-5-1 Calculating and Reporting Uncommitted Reserve Capacity at Sewage and Water Treatment Plants” (as amended from time to time). "Undertaking" has the same meaning as in the EAA. “Vulnerable Area(s)” has the same meaning as in the CWA. “Wet Weather Flow(s)” means the flow resulting from the combination of sanitary Sewage and extraneous flows resulting from the inflow and infiltration of groundwater, rainfall or snowmelt, and snow or ice melt that enters the Authorized System. 2.0 General Conditions 2.1 The works comprising the Authorized System shall be constructed, installed, used, operated, maintained, replaced, or retired in accordance with the conditions of this Approval, which includes the following Schedules: Schedule A – System Information Schedule B – Municipal Sewage Collection System Description Schedule C – List of Notices of Amendment to this ECA Schedule D – General Schedule E – Operating Conditions Schedule F – Residue Management 2.2 The issuance of this Approval does not negate the requirements of other regulatory bodies, which includes but is not limited to, the Ministry of Northern Development, Mines, Natural Resources and Forestry and the local Conservation Authority. 2.3 Where there is a conflict between a provision of any document referred to in this Approval and the conditions of this Approval, the conditions in this Approval shall take precedence. Where there is a conflict between the information in a Schedule C Notice and another section of this Approval, the document bearing the most recent date shall prevail. 2.4 The Owner shall ensure that any person authorized to carry out work on or operate any aspect of the Authorized System is provided with a print or electronic copy of this Approval and the conditions herein and shall take all reasonable measures to ensure any such person complies with the same. 2.5 The conditions of this Approval are severable. If any condition of this Approval, or the application of any requirement of this Approval to any circumstance, is held invalid or unenforceable, the application of such 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 18 of 54 condition to other circumstances and the remainder of this Approval shall not be affected thereby. 3.0 Alterations to the Municipal Sewage Collection System 3.1 Any Schedule C Notice shall provide authority to alter the Authorized System in accordance with the conditions of this Approval. 3.2 All Schedule C Notices issued by the Director for the Municipal Sewage Collection System shall form part of this Approval. 3.3 The Owner and a Prescribed Person shall ensure that the documentation required through conditions in this Approval and the documentation required in the Design Criteria are prepared for any Alteration of the Authorized System. 3.4 The Owner shall notify the Director within thirty (30) calendar days of the placing into service or Completion of any Alteration of the Authorized System which had been authorized: 3.4.1 Under Schedule D to this Approval where the Alteration results in a change to Sewage Works or Equipment specifically described in Schedule B of this Approval; 3.4.2 Through a Schedule C Notice respecting Sewage Works other than Sewers or forcemains; or 3.4.3 Through another approval that was issued under the EPA prior to the issue date of this Approval. 3.5 The notification requirements set out in condition 3.4 do not apply to any Alteration in respect of the Authorized System which: 3.5.1 Is exempt under section 53(6) of the OWRA or by O. Reg. 525/98; 3.5.2 Constitutes maintenance or repair of the Authorized System; or 3.5.3 Is a Sewer or forcemain authorized by condition 4.1 of Schedule D of this Approval. 3.6 The Owner shall notify the Director within ninety (90) calendar days of: 3.6.1 The discovery of existing Sewage Works not described or depicted in Schedule B, or 3.6.2 Additional or revised information becoming available for any Sewage Works or Equipment described in Schedule B of this Approval. 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 19 of 54 3.7 The notifications required in condition 3.4 and 3.6 shall be submitted to the Director using the Director Notification Form. 3.8 The Owner shall ensure that an ESC plan is prepared, and temporary ESC measures are installed in advance of and maintained during any construction activity on the Authorized System, subject to the following conditions: 3.8.1 Inspections of ESC measures are to be conducted at a frequency specified per the ESC plan, for dry weather periods (active and inactive construction phases), after Significant Storm Events and Significant Snowmelt Events, and after any extreme weather events. 3.8.2 Any deficiencies shall be addressed, and any required maintenance actions(s) shall be undertaken as soon as practicable once they have been identified. 3.8.3 Inspections and maintenance of the temporary ESC measures shall continue until they are no longer required. 3.8.4 The ESC plan, ESC measures and its installation, inspections and maintenance shall have regard to at least one of the following: a) CSA W202 Erosion and Sediment Control Inspection and Monitoring Standard, as amended from time to time; b) Erosion and Sediment Control Guideline for Urban Construction (2019), as amended from time to time, prepared by the Toronto Region Conservation Authority; or c) CSA W208 Erosion and Sediment Control Installation and Maintenance, as amended from time to time. 3.9 The Owner shall ensure that records of inspections required by this Approval during any construction activity, including those required under condition 3.8: 3.9.1 Include the name of the inspector, date of inspection, visual observations, and the remedial measures, if any, undertaken to maintain the temporary ESC measures. 3.9.2 Be retained with records relating to the Alteration that the construction relates to, such as the form required in conditions 4.3.1, 5.4.1, 6.9.1, or 7.6.1 of Schedule D, or the Schedule C Notice. 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 20 of 54 3.9.3 Be retrievable and made available to the Ministry upon request. 3.10 The document(s) or file(s) referenced in Table B1 of Schedule B of this Approval shall: 3.10.1 Be retained by the Owner; 3.10.2 Include at a minimum: a) Identification of the type of Sewers in the Municipal Sewage Collection System (e.g., Separate Sewer; Combined Sewer; Partially Separated Sewer; Nominally Separate Sewer) including: i Location of Sewers relative to street names or easements; ii Sewer and/or forcemain diameters; iii Identification of pumping stations and storage structures, including asset IDs; iv Identification of SSO and/or CSO locations, including asset IDs; v Identification of small-bore systems, if any; and vi Identification of any source protection Vulnerable Areas. 3.10.3 Be updated to include: a)Alterations authorized under Schedule D of this Approval or through a Schedule C Notice within twelve (12) months of the Alteration being placed into service. b) Updates to information contained in the document(s) or files(s) not associated with an Alteration within twelve (12) months of becoming aware of the updated information. 3.11 An Alteration is not authorized under Schedule D of this ECA for projects that impact Indigenous treaty rights or asserted rights where: 3.11.1 The project is on Crown land or would alter access to Crown land; 3.11.2 The project is in an open or forested area where hunting, trapping or plant gathering occur; 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 21 of 54 3.11.3 The project involves the clearing of forested land unless the clearing has been authorized by relevant municipal, provincial, or federal authorities, where applicable; 3.11.4 The project alters access to a water body; 3.11.5 The proponent is aware of any concerns from Indigenous communities about the proposed project and these concerns have not been resolved; or 3.11.6 Conditions respecting Indigenous consultation in relation to the project were placed in another permit or approval and have not been met. 3.12 No less than 60 days prior to construction associated with an Alteration the Director may notify the Owner in writing that a project is not authorized through Schedule D of this ECA where: 3.12.1 Concerns regarding treaty rights or asserted rights have been raised by one or more Indigenous communities that may be impacted by the Alteration; or 3.12.2 The Director believes that it is in the public interest due to site specific, system specific, or project specific considerations. 3.13 Where an Alteration is not authorized under condition 3.11 or 3.12 above: 3.13.1 An application respecting the Alteration shall be submitted to the Ministry; and, 3.13.2 The Alteration shall not proceed unless: a) Approval for the Alteration is granted by the Ministry (i.e., a Schedule C Notice); or, b) The Director provides written notice that the Alteration may proceed in accordance with conditions in Schedule D of this ECA. 4.0 Authorizations of Future Alterations for Separate Sewers, Nominally Separate Sewers and Forcemains - Additions, Modifications, Replacements and Extensions 4.1 The Owner or a Prescribed Person may alter the Authorized System by adding, modifying, replacing, or extending a Separate Sewer, Nominally Separate Sewer or forcemain within the Authorized System subject to the following conditions and condition 4.2 below: 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 22 of 54 4.1.1 The design of the addition, modification, replacement, or extension: a) Has been prepared by a Licensed Engineering Practitioner; b)Has been designed only to collect and transmit Sewage and has not been designed to treat Sewage; c) Satisfies the Design Criteria or any municipal criteria that have been established that exceed the minimum requirements set out in the Design Criteria; d) Is consistent with or otherwise addresses the design objectives contained within the Design Guidelines for Sewage Works; and e) Includes design considerations to protect sources of drinking water, including those set out in the Standard Operating Policy for Sewage Works, and any applicable local Source Protection Plan policies. 4.1.2 The addition, modification, replacement, or extension shall be designed so that it will: a) Not cause overflows or backups nor increase surcharging at any maintenance holes or privately owned infrastructure (e.g., service connections to basements) connected to the Authorized System or any Municipal Sewage Collection System connected to it; b) Provide smooth flow transition to existing gravity Sewers; and c) Not increase the generation of sulfides and other odourous compounds in the Municipal Sewage Collection System. 4.1.3 The maximum discharge/generation of Sewage by users who will be served by the addition, modification, replacement, or extension will not result in: a) An exceedance of the Authorized System hydraulic capacity, STP Uncommitted Reserve Hydraulic Capacity, or the downstream Pumping Station Capacity as specified in this Approval; b) Adverse Effects; c) Any increase in Collection System Overflows that is not offset by measures; or 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 23 of 54 d) Any increase in the frequency or volume of STP Bypasses or STP Overflows that is not offset by measures. 4.1.4 The addition, modification, replacement, or extension is wholly located within the municipal boundary over which the Owner has jurisdiction or there is a written agreement in place with the adjacent municipality respecting the Alteration and resulting Sewage Works. 4.1.5 The Owner consents in writing to the addition, modification, replacement, or extension. 4.1.6 A Licensed Engineering Practitioner has verified in writing that the addition, modification, replacement, or extension meets the requirements of conditions 4.1.1 a) to d). 4.1.7 The Owner has verified in writing that the addition, modification, replacement, or extension has complied with inspection and testing requirements in the Design Criteria. 4.1.8 The Owner has verified in writing that the addition, modification, replacement, or extension meets the requirements of conditions 4.1.4 e) and 4.1.2 to 4.1.6. 4.2 The Owner or a Prescribed Person is not authorized to undertake an Alteration described above in condition 4.1 where the Alteration relates to the addition, modification, replacement or extension of a Separate Sewer, Nominally Separate Sewer, or forcemain that: 4.2.1 Passes under or through a body of surface water unless trenchless construction methods are used, or the local Conservation Authority has authorized an alternative construction method. 4.2.2 Has a nominal diameter greater than 750 mm for a Separate Sewer or Nominally Separate Sewer. 4.2.3 Has a nominal diameter greater than 350 mm for a forcemain. 4.2.4 Is a Combined Sewer or Partially Separated Sewer. 4.2.5 Connects to another Municipal Sewage Collection System, unless: a) Prior to construction, the Owner of the Authorized System obtains written consent from the Owner or Owner’s delegate of the Municipal Sewage Collection System being connected to; and b) The Owner of the Authorized System retains a copy of the written consent from the Owner or Owner’s delegate of the 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 24 of 54 Municipal Sewage Collection System being connected to as part of the record that is recorded and retained under condition 4.3. 4.2.6 Creates a new discharge point to the Natural Environment. 4.2.7 Is part of an Undertaking in respect of which: a)A request under s.16(6) of the EAA has been made, namely a request that the Minister make an order under s.16; b) The Minister has made an order under s.16; or c)The Director under that EAA has given notice under s.16.1 (2) that the Minister is considering making an order under s.16. 4.3 The consents and verifications required in conditions 4.1 and 4.2, if applicable, shall be: 4.3.1 Recorded on Form SS1 prior to the Separate Sewer, Nominally Separate Sewer or forcemain addition, modification, replacement, or extension being placed into service; and 4.3.2 Retained for a period of at least ten (10) years by the Owner. 4.4 For greater certainty, the verification requirements set out in condition 4.3 do not apply to any Alteration in respect of the Authorized System which: 4.4.1 Is exempt under section 53(6) of the OWRA or by O. Reg. 525/98; or 4.4.2 Constitutes maintenance or repair of the Authorized System. 5.0 Authorizations of Future Alterations for Combined Sewers, Partially Separated Sewers and Combined Sewage Storage Tanks and Storage Structures 5.1 Subject to conditions 5.2 and 5.3, the Owner or a Prescribed Person may alter the Combined Sewers, Partially Separated Sewers and combined Sewage storage tanks and storage structures in the Authorized System by: 5.1.1 Modifying or replacing Combined Sewers, Partially Separated Sewers, overflow Regulators and/or outfalls if the purpose of the project is to restore the Sewage Works to good condition. 5.1.2 Replacing Combined Sewers with Separate Sewers for Stormwater and sanitary Sewage. 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 25 of 54 5.1.3 Modify or replace Combined Sewers, Partially Separated Sewers, overflow regulators, outfalls, or combined Sewage storage tanks, provided that: a) The Alteration is designed in such a manner that will contribute to the ultimate attainment of the capture and treatment for an Average Year all the Dry Weather Flow plus a minimum of 90% of the volume resulting from Wet Weather Flow that is above Dry Weather Flow; b) The volume control criterion described in 5.1.3 a) is applied: i For a consecutive seven (7) month period commencing within fifteen (15) calendar days of April 1; and ii To the flows collected by the Authorized System immediately above each Collection System Overflow location unless it can be shown through modelling that the criterion is being achieved on a system-wide basis. c) The Alteration is designed in a manner that will not increase CSO volumes above existing levels at each outfall except where the increase is due to the elimination of upstream CSO outfalls as part of the Alteration; and d) During the remainder of the year following the seven (7) month period described in condition 5.1.3 b) above, at least the same storage and treatment capacity are maintained for treating Wet Weather Flow. 5.1.4 Add oversized pipes provided they are designed to alleviate local / neighbourhood basement flooding and the Alteration satisfies condition 5.1.3 a), b), c), and d). 5.2 Any Alteration to the Authorized System authorized under condition 5.1 is subject to the following conditions: 5.2.1 The design of the Alteration shall: a) Be prepared by a Licensed Engineering Practitioner; b)Be designed only to collect and transmit Sewage and shall not be designed to treat Sewage; c) Satisfy the Design Criteria or any municipal criteria that have been established that exceed the minimum requirements set out in the Design Criteria; 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 26 of 54 d) Be consistent with or otherwise address the design objectives contained within the Design Guidelines for Sewage Works; and e) Include design considerations to protect sources of drinking water, including those set out in the Standard Operating Policy for Sewage Works and any applicable local Source Protection Plan policies. 5.2.2 The design of the Alteration shall be: a) Undertaken in accordance with a Pollution Prevention and Control Plan; or b) If no Pollution Prevention and Control Plan is available, undertaken in accordance with an interim detailed plan for the local sewershed that: i Describes the location, frequency, and volume of the CSOs, as well as the concentrations and mass pollutant loadings resulting from CSOs from the study area. ii Includes the following minimum information: 1. Location and physical description of CSO outfalls in the Authorized System, Collection System Overflows at pumping stations in Emergency Situations, STP Bypass and STP overflows locations; 2. Location and identification of receiving water bodies, including sensitive receivers, for all Combined Sewer outfalls; 3. Authorized System flow and STP treatment component capacities, present and future expected peak flow rates during dry weather and wet weather; 4. Capacity of all regulators; and 5. Location of cross connections between Sewage and Stormwater infrastructure. iii Is intended to reduce the overall CSO volume, frequency, duration, or by-pass of treatment in the Authorized and/or municipal STP; and 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 27 of 54 iv If there is a temporary Storm Sewer connection to a combined system as part of a Combined Sewer separation project, the construction plan includes a timeline to disconnect the Storm Sewer to a separated storm outlet. 5.2.3 The Alteration shall not result in: a) An exceedance of hydraulic capacity of the Authorized System, STP Uncommitted Reserve Hydraulic Capacity, or the Pumping Station Capacity as specified in this Approval; b) Adverse Effects; c) Any increase in Collection System Overflows that is not offset by measures elsewhere in the Authorized System; or d) Any increase in the frequency and/or volume of STP Bypasses or STP Overflows that is not offset by measures. 5.2.4 Where replacement of pipes to achieve Combined Sewer separation has been authorized under conditions 5.1.2 or 5.1.3, the following conditions apply: a) Stormwater quantity, quality and water balance control shall be provided such that Combined Sewer separation shall not result in an overall increase in pollutants discharged to the Natural Environment; b) Any new Storm Sewers that result from the Combined Sewer separation can be constructed but not operated until the proposed Stormwater Management Facilities designed to satisfy condition 5.2.4 a) are in operation; and c) Where any temporary structures have been installed to facilitate Combined Sewer separation, the Owner shall ensure that immediately upon Completion of the Combined Sewer separation, the temporary structure connection shall be disconnected and decommissioned. 5.2.5 The Alteration shall: a)Not cause overflows or backups nor increase surcharging at any maintenance holes or privately owned infrastructure (e.g., service connections to basements) connected to the Authorized System or any Municipal Sewage Collection System connected to it; 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 28 of 54 b) Provide smooth flow transition to existing gravity sewers; and c) Not increase the generation of sulfides and other odourous compounds in the Authorized System. 5.2.6 The Alteration is wholly located within the municipal boundary over which the Owner has jurisdiction or there is a written agreement in place with the adjacent municipality respecting the Alteration and resulting Sewage Works. 5.2.7 The Owner consents in writing to the Alteration authorized under condition 5.1. 5.2.8 A Licensed Engineering Practitioner has verified in writing that the Alteration authorized under condition 5.1 meets the design requirements of conditions 5.2.1 a) to e) and to 5.2.2. 5.2.9 The Owner has verified in writing that the Alteration authorized under condition 5.1 has complied with inspection and testing requirements in the Design Criteria. 5.2.10 The Owner has verified in writing that the Alteration authorized under condition 5.1 meets the requirements of conditions 5.2.1 f) and 5.2.3 to 5.2.8. 5.3 The authorization in condition 5.1 does not apply: 5.3.1 To the modification or replacement of a Combined Sewer or Partially Separated Sewer that has a nominal diameter greater than 750 mm. 5.3.2 To the modification or replacement of a Combined Sewer or Partially Separated Sewer that connects to another Municipal Sewage Collection System, unless: a) Prior to construction, the Owner of the Authorized System seeking the connection obtains written consent from the Owner or Owner’s delegate of the Municipal Sewage Collection System being connected to; and b) The Owner of the Authorized System retains a copy of the written consent from the Owner or Owner’s delegate of the Municipal Sewage Collection System being connected to as part of the record that is recorded and retained under condition 5.4. 5.3.3 Where the Alteration would create a new discharge point to the Natural Environment. 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 29 of 54 5.3.4 Where the Alteration would result in the addition of a new combined Sewage storage tank in the Authorized System. 5.4 The consents and verifications required in conditions 5.2.7 to 5.2.10, and 5.3.2 if applicable, shall be: 5.4.1 Recorded on Form CS1, prior to the Combined Sewer or Partially Separated Sewer modification or replacement being placed into service; and 5.4.2 Retained for a period of at least ten (10) years by the Owner. 5.5 For greater certainty, the verification requirements set out in condition 5.4 do not apply to any Alteration in respect of the Authorized System which: 5.5.1 Is exempt under section 53(6) of the OWRA or by O. Reg. 525/98; or, 5.5.2 Constitutes maintenance or repair of the Authorized System. 6.0 Authorizations of Future Alterations to Components of the Municipal Sewage Collection System 6.1 The Owner or a Prescribed Person may make the following Alterations to the Authorized System subject to conditions 6.4 through 6.7: 6.1.1 Adding, modifying, or replacing storage the following components of Sewage pumping stations, Separate Sewers, or Nominally Separate Sewers: a) In-line and/or off-line storage to manage peak flow / inflow and infiltration that does not require pumping; b) Off-line storage to manage peak flow / inflow and infiltration that only requires electricity to empty the structure; c) Any associated Equipment for cleaning; and d)All Appurtenances associated with in-line or off-line storage facilities, including odour, and corrosion control. 6.1.2 Modifying existing Sewage pumping stations and odour control units / Facilities, including adding, replacing, or modifying the following components: a) Pumps, including replacement parts, in an existing pumping system; b) Grinders and screens; 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 30 of 54 c) Aeration and/or mixing Equipment; d) Chemicals and associated Equipment and tanks (including secondary containment); e) Odour and corrosion control structures; f) Instrumentation and controls; g) Discharge and process piping; h) Valves; i)Wet-wells; and j) Fat, oil, and grease separators (FOGs). 6.1.3 Adding new Sewage pumping stations, where they: a) Are designed to transmit a Peak Hourly Flow of no greater than 30 L/s; b) Include emergency stand-by power, Spill containment, and emergency alarms (SCADA, if applicable); c) Include emergency storage designed to provide at minimum two (2) hours of response time at peak design flow; d) Include odour and corrosion control, as applicable; e) Would serve a new residential development (or new phased residential development), which may include existing residential development that has no Combined or Partially Separated Sewers; f) Are designed to only collect sanitary Sewage and not Stormwater; and g) Do not include an emergency sanitary overflow or piping to a municipal Stormwater management system or a natural receiver to prevent the discharge to the Natural Environment. 6.1.4 Adding, modifying, or replacing Equipment associated with Real-time Control Systems, where: a) The Equipment is designed and implemented as part of the Owner’s CSO reduction strategy or to optimize use of Sewage Works comprising the Authorized System; 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 31 of 54 b) The Real-Time Control System is designed and integrated with fail-safe procedures such that they are automatically activated when the requirements of the current mode of operation cannot be met; c) Risk management procedures are in place or will be in place prior to use of the Real-time Control System; and d) Station alarms to control center are in place or will be in place prior to use of the Real-time Control System. 6.1.5 Adding, modifying, replacing, or removing chemical storage tanks (including fuel storage tanks) with Spill containment and associated Equipment. 6.1.6 Adding, modifying, replacing, or removing Motor Control Centre (MCC) and/or associated electrical. 6.2 The Owner or a Prescribed Person may alter the Authorized System by adding, modifying, replacing, or removing the following components subject to conditions 6.4 through 6.7: 6.2.1 Valves and their associated controls installed for maintenance purposes; 6.2.2 Instrumentation for monitoring and controls, including SCADA systems, and hardware associated with these monitoring devices; 6.2.3 Spill containment works for chemicals used within the Authorized System; 6.2.4 Chemical metering pumps and chemical handling pumps; 6.2.5 Measuring and monitoring devices that are not required by regulation, by a condition in this Approval, or by a condition otherwise imposed by the Ministry; 6.2.6 Process piping within a Sewage pumping station, storage tank, or other structures; and 6.2.7 Valve chambers or maintenance holes. 6.3 The Owner or a Prescribed Person may alter the Authorized System by adding, modifying, or replacing the following components subject to conditions 6.4 through 6.7: 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 32 of 54 6.3.1 Measuring and monitoring devices that are required by regulation, by a condition in this Approval, or by a condition otherwise imposed by the Ministry. 6.4 The design of the Alteration shall: 6.4.1 Be prepared by a Licensed Engineering Practitioner, where the Alteration falls within the practice of professional engineering as defined in the Professional Engineers Act, R.S.O. 1990; 6.4.2 Be consistent with or otherwise address the design objectives contained within the Design Guidelines for Sewage Works; and 6.4.3 Include design considerations to protect sources of drinking water, such as those included in the Standard Operating Policy for Sewage Works, and any applicable local Source Protection Plan policies. 6.5 The Alteration shall: 6.5.1 Not cause overflows or backups nor increase surcharging at any maintenance holes or privately owned infrastructure (e.g., service connections to basements) connected to the Authorized System or any Municipal Sewage Collection System connected to it; 6.5.2 Provide smooth flow transition to existing gravity Sewers; 6.5.3 Not increase the generation of sulfides and other odourous compounds in the Authorized System; and 6.5.4 Be wholly located within the municipal boundary over which the Owner has jurisdiction or there is a written agreement in place with the adjacent municipality respecting the Alteration and resulting Sewage Works. 6.6 Any Alteration of the Authorized System made under conditions 6.1, 6.2, or 6.3 shall not result in: 6.6.1 Exceedance of hydraulic capacity (including Uncommitted Reserve Hydraulic Capacity, as applicable) of the downstream: a) Municipal Sewage Collection System; or b) Receiving STPs. 6.6.2 Exceedance of any downstream Pumping Station Capacity as specified in Schedule B of this Approval. 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 33 of 54 6.6.3 An increase in the capacity of an existing Pumping Station Capacity of greater than 30%. 6.6.4 Any increase in Collection System Overflows that is not offset by measures taken elsewhere in the Authorized System. 6.6.5 Any increase in the frequency and/or volume of STP Bypasses or STP Overflows that is not offset by measures. 6.6.6 Deterioration of the normal operation of municipal STPs and/or the Authorized System. 6.6.7 A negative impact on the ability to undertake monitoring necessary for the operation of the Authorized System. 6.6.8 Adverse Effects. 6.7 The Alteration is subject to the following conditions: 6.7.1 The Owner consents in writing to the Alteration. 6.7.2 The person responsible for the design has verified in writing that the Alterations meets the requirements of conditions 6.4.1 and 6.4.2, as applicable. 6.7.3 The Owner has verified in writing that the Alteration meets the requirements of conditions 6.4.3, 6.7.1, and 6.7.2. 6.8 The Owner shall verify in writing that any Alteration of the Authorized System in accordance with conditions 6.1 or 6.2 has met the requirements of the conditions listed in conditions 6.5 and 6.6. 6.9 The consents, verifications and documentation required in conditions 6.7 and 6.8 shall be: 6.9.1 Recorded on Form SS2 prior to undertaking the Alteration; and 6.9.2 Retained for a period of at least ten (10) years by the Owner. 6.10 For greater certainty, the verification requirements set out in condition 6.9 do not apply to any Alteration in respect of the Authorized System which: 6.10.1 Is exempt under section 53(6) of the OWRA or by O. Reg. 525/98; or 6.10.2 Constitutes maintenance or repair of the Authorized System, including changes to software for an existing SCADA system resulting from Alterations authorized in condition 6.2. 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 34 of 54 6.11 The Owner shall update, within twelve (12) months of the Alteration of the Sewage Works being placed into service, any drawings maintained for the Municipal Sewage Collection System to reflect the Alterations of the Sewage Works, where applicable. 7.0 Authorizations of Future Alterations to Equipment with Emissions to the Air 7.1 The Owner and a Prescribed Person may alter the Authorized System by adding, modifying, or replacing the following Equipment in the Municipal Sewage Collection System: 7.1.1 Venting for odour control using solid scavenging or carbon adsorption units; 7.1.2 Venting for odour control by replacing existing biolfiltration or wet air scrubbing systems, including any components, with Equipment of the same or better performance characteristics; and 7.1.3 Emergency generators that fire No. 2 fuel oil (diesel fuel) with a sulphur content of 0.5 per cent or less measured by weight, natural gas, propane, gasoline, or biofuel, and that are used for emergency duty only with periodic testing. 7.2 Any Alteration of the Municipal Sewage Collection System made under condition 7.1 that may discharge or alter the rate or manner of a discharge of a Compound of Concern to the atmosphere is subject to the following conditions: 7.2.1 The Owner shall, at all times, take all reasonable measures to minimize odorous emissions and odour impacts from all potential sources at the Facility. 7.2.2 The Owner shall ensure that the noise emissions from the Facility comply with the limits set out in Publication NPC-300. 7.2.3 The Owner shall ensure that the vibration emissions from the Facility comply with the limits set out in Publication NPC-207. 7.3 The Owner shall not add, modify, or replace Equipment in the Municipal Sewage Collection System as set out in condition 7.1 unless the Equipment performs an activity that is directly related to municipal Sewage collection and transmission. 7.4 The emergency generators identified in condition 7.1.3 shall not be used for non-emergency purposes (excluding generator testing) including the generation of electricity for sale or for peak shaving purposes. 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 35 of 54 7.5 The Owner shall verify in writing that any addition, modification, or replacement of Equipment in accordance with condition 7.1 has met the requirements of the conditions listed in conditions 7.2, 7.3, and 7.4. 7.6 The verifications and documentation required in condition 7.5 shall be: 7.6.1 Recorded on Form A1 prior to the additional, modified or replacement Equipment being placed into service; and 7.6.2 Retained for a period of at least ten (10) years by the Owner. 7.7 For greater certainty, the verification and documentation requirements set out in condition 7.5 and 7.6 do not apply to any addition, modification, or replacement in respect of the Authorized System which: 7.7.1 Is exempt from the requirements of the EPA, or for Equipment that is exempt from s.9 of the EPA under O. Reg. 524/98; or 7.7.2 Constitutes maintenance or repair of the Authorized System. 8.0 Previously Approved Sewage Works 8.1 If approval for an Alteration to the Authorized System was issued under the EPA and is revoked by this Approval, the Owner may make the Alteration in accordance with: 8.1.1 The terms of this Approval; or 8.1.2 The terms and conditions of the revoked approval as of the date this approval was issued, provided that the Alteration is commenced within five (5) years of the date that the revoked approval was issued. 9.0 Transition 9.1 An Alteration of the Authorized System is exempt from the requirements in clause (c) of condition 4.1.1 and clause (c) of condition 5.2.1 where: 9.1.1 Effort to undertake the Alteration, such as tendering or commencement of construction of the Sewage Works associated with the Alteration, begins on or before June 11, 2023. 9.1.2 The design of the Alteration conforms to the Design Guidelines for Sewage Works; 9.1.3 The design of the Alteration was completed on or before the issue date of this Approval or a Class Environmental Assessment was 061-W601 Schedule D May 24th, 2023 20220422 SAN Page 36 of 54 completed for the Alteration and changes to the design result in significant cost increase or significant project delays; and 9.1.4 The Alteration would be otherwise authorized under this Approval. 20220422 SAN Page 37 of 54 Schedule E: Operating Conditions System Owner Bayham, The Corporation of the Municipality of ECA Number 061-W601 System Name Municipality of Bayham Sanitary Sewage Collection ECA Issue Date May 24th, 2023 1.0 General Operations 1.1 The Owner shall ensure that, at all times, the Sewage Works comprising the Authorized System and the related Equipment and Appurtenances used to achieve compliance with this Approval are properly operated and maintained. 1.2 Prescribed Persons and Operating Authorities shall ensure that, at all times, the Sewage Works under their care and control and the related Equipment and Appurtenances used to achieve compliance with this Approval are properly operated and maintained. 1.3 In conditions 1.1 and 1.2 “properly operated and maintained” includes effective performance, adequate funding, adequate operator staffing and training, including training in applicable procedures and other requirements of this Approval and the EPA, OWRA, CWA, and regulations, adequate laboratory services, process controls and alarms and the use of process chemicals and other substances used in the Authorized System. 2.0 Duties of Owners and Operating Authorities 2.1 The Owner, Prescribed Persons and any Operating Authority shall ensure the following: 2.1.1 At all times that the Sewage Works within the Authorized System are in service the Sewage Works are: a) Operated in accordance with the requirements under the EPA and OWRA, and b) Maintained in a state of good repair. 2.1.2 The Authorized System is operated by persons having the training or expertise for their operating functions that is required by O. Reg. 129/04 (Licensing of Sewage Works Operators) under the OWRA and this Approval. 061-W601 Schedule E May 24th, 2023 20220422 SAN Page 38 of 54 2.1.3 All sampling, testing, monitoring, and reporting requirements under the EPA and this Approval that relate to the Authorized System are complied with. 2.1.4 Any person who is operating the Sewage Works within the Authorized System is supervised by an operator-in-charge as described in O. Reg. 129/04 under the OWRA. 2.2 For clarity, the requirements outlined in the above conditions 2.1.1 through 2.1.4 for Prescribed Persons and any Operating Authority only apply to Sewage Works within the Authorized System where they are responsible for the operation. 2.3 The Owner, Prescribed Persons and Operating Authority shall take all reasonable steps to minimize and ameliorate any Adverse Effect on the Natural Environment or impairment of the quality of water of any waters resulting from the operation of the Authorized System, including such accelerated or additional monitoring as may be necessary to determine the nature and extent of the effect or impairment. 3.0 Operations and Maintenance 3.1 Inspection 3.1.1 The Owner shall ensure that all Sewage Works within the Authorized System are inspected at the frequency and in accordance with procedures set out in their O&M Manual. 3.1.2 The Owner shall ensure that: a) Any pumping stations, combined Sewage storage tanks, and any Collection System Overflow within the Authorized System as of the date of issuance of this Approval are inspected at least once per calendar year starting the year after the O&M Manual is required to be prepared and implemented as per condition 3.2.1 in Schedule E of this Approval, and more frequently if required by the O&M Manual; and b) Any pumping stations, combined Sewage storage tanks, and any Collection System Overflow established or replaced within the Authorized System after the date of issuance of this Approval are inspected within one year of being placed into service and thereafter once per calendar year and more frequency if required by the O&M Manual. 3.1.3 The inspection of the combined Sewage storage tanks required in condition 3.1.2 shall include physical inspection at the Point of 061-W601 Schedule E May 24th, 2023 20220422 SAN Page 39 of 54 Entry, including looking for signs of unplanned discharges from Wet Weather Flow and Dry Weather Flow. 3.1.4 The Owner shall clean and maintain Sewage Works within the Authorized System to ensure the Sewage Works perform as designed. 3.1.5 The Owner shall maintain records of the results of the inspections required in condition 3.1.1, 3.1.2, and 3.1.3, monitoring (if applicable) and any cleaning and maintenance operations undertaken, and shall make available the records for inspection by the Ministry upon request. The records shall include the following: a) Asset ID and name of the Sewage Works; b)Date and results of each inspection, maintenance, or cleaning; and c) Name of person who conducted the inspection, maintenance, or the name of the inspecting official, where applicable. 3.2 Operations & Maintenance (O&M) Manual 3.2.1 The Owner shall prepare and implement an operations and maintenance manual for Sewage Works within the Authorized System on or before June 11, 2023, that includes or references, but is not necessarily limited to, the following information: a) Procedures for the routine operation of the Sewage Works; b) Inspection programs, including the frequency of inspection, and the methods or tests employed to detect when maintenance is necessary; c) Maintenance and repair programs, including: i The frequency of maintenance and repair for the Sewage Works. ii Clean out requirements for any storage or overflow tanks, if applicable. d) Operational and maintenance requirements to protect sources of drinking water, such as those included in the Standard Operating Policy for Sewage Works, and any applicable local Source Protection Plan policies; 061-W601 Schedule E May 24th, 2023 20220422 SAN Page 40 of 54 e) Procedures for routine physical inspection and checks of controlling systems (e.g., SCADA) to ensure the mechanical integrity of Equipment and its accuracy on the controlling system. f) Procedures for preventing odours and odour impacts; g) Procedures for calibration of monitoring Equipment (e.g., flow, level, pressure); h) Emergency Response, Spill Reporting and Contingency Plans and Procedures for dealing with Equipment breakdowns, potential Spills and any other abnormal situations, including notification to the SAC, the Medical Officer of Health, and the District Manager, as applicable; i) Procedures for receiving, responding and recording public complaints, including recording any follow-up actions taken; and j) As-built drawings or record drawings of the Sewage Works. 3.2.2 The Owner shall review and update the O&M Manual and ensure that operating staff have access, as per O. Reg 129/04 (Licensing of Sewage Works Operators) under the OWRA. Upon request, the Owner shall make the O&M Manual available to Ministry staff. 3.2.3 The Owner shall revise the O&M Manual to include procedures necessary for the operation and maintenance of any Sewage Works within the Authorized System that are established, altered, extended, replaced, or enlarged after the date of issuance of this approval prior to placing into service those Sewage Works. 3.2.4 For greater certainty, the O&M Manual may be a single document or a collection of documents that, when considered together, apply to all parts of the Authorized System. 3.3 Collection System Overflows 3.3.1 Any CSO at a point listed in Table B4 of Schedule B is considered a Class 1 approved discharge type Spill under O.Reg.675/98: a) Where the CSO is as a result of wet weather events when the designed capacity of the Authorized System is exceeded; b) Where the CSO is a direct and unavoidable result of a planned repair and/or maintenance procedure, the Owner has notified the Local Ministry Office fifteen at least (15) calendar days 061-W601 Schedule E May 24th, 2023 20220422 SAN Page 41 of 54 prior to the CSO and the Local Ministry Office has provided written consent of the CSO; or c) Where the CSO is planned for research or training purposes, the Owner has notified the Local Ministry Office fifteen at least (15) calendar days prior to the CSO and the Local Ministry Office has provided written consent of the CSO. 3.3.2 Any SSO at a point listed in Table B5 of Schedule B is considered a Class 1 approved discharge type Spill under O.Reg. 675/98: a) Where the SSO is a direct and unavoidable result of a planned repair or maintenance procedure and the Owner has notified the Local Ministry Office at least fifteen (15) calendar days prior to the SSO and the Director for the purposes of s.4 of O. Reg. 675/98 under the EPA has provided written consent of the SSO; or b) Where the SSO is planned for research or training purposes, the Owner has notified the Local Ministry Office at least fifteen (15) calendar days prior to the SSO and the Director for the purposes of s.4 of O. Reg. 675/98 under the EPA has provided written consent of the SSO. 3.3.3 On or before June 11, 2025, the Owner shall establish signage to notify the public, at the nearest publicly accessible point(s) downstream of any CSO outfall location identified in Schedule B, Table B4, and any SSO when the overflow is piped to a specified outlet point. If the nearest publicly accessible point is more than 100m away, then signage shall be established at the CSO or SSO outfall location. The signage shall include the following minimum information: a) Type of Collection System Overflow; b)Identification of potential hazards and limitations of water use, as applicable; c) ECA number and/or asset ID; and d) The Owner’s contact information. 3.4 Monitoring 3.4.1 For a Collection System Overflow that occurs at a designated location, the following conditions apply: 061-W601 Schedule E May 24th, 2023 20220422 SAN Page 42 of 54 a) For CSO storage tanks/facilities listed in Table B3, the Owner shall: i On or before December 11, 2022 or within six (6) months of the date of the publication of the Ministry’s monitoring guidance, whichever is later, collect a composite sample of the combined Sewage from the CSO tank whenever the tank(s) is(are) in operation. If there is more than one tank, the tank nearest to the discharge point shall be sampled. The composite sample shall consist, at a minimum, of one sample at the beginning of the Event, and one sample at approximately every 8-hours until the end of the Event. The composite sample shall be analyzed, at a minimum, for Biochemical Oxygen Demand (BOD) (or Chemical Oxygen Demand (COD) if agreed upon by the District Manager), total suspended solids, total phosphorus and total Kjeldahl nitrogen. If the CSO continues for more than one day, multiple composite samples are allowed. ii If 3.4.1 a) ii) cannot be achieved, then surrogate sampling may be used to determine the contamination concentrations of the discharge CSO tank overflow, at a minimum, for BOD (or COD), total suspended solids, total phosphorus and total Kjeldahl nitrogen. The methodology in determining, applying, and analyzing surrogate sampling shall be proposed by the Owner and subject to the written approval of the District Manager. b) For CSO regulator structures listed in Table B2, and for any CSO or SSO locations listed under Table B4 or Table B5, the Owner shall: i On or before December 11, 2022 or within six (6) months of the date of publication of the Ministry’s monitoring guidance, whichever is later, take at least one (1) grab sample, for BOD (or COD, if agreed upon by the District Manager), total suspended solids, total phosphorus, total Kjeldahl nitrogen, and E. Coli, or ii On or before December 11, 2022 or within six (6) months of the date of publication of the Ministry’s monitoring guidance, whichever is later, use surrogate sampling to determine the Contaminant concentrations of the discharged Collection System Overflow, at a minimum, for BOD (or COD), total suspended solids, total phosphorus, total Kjeldahl nitrogen, and E. Coli. The 061-W601 Schedule E May 24th, 2023 20220422 SAN Page 43 of 54 methodology in determining, applying, and analyzing surrogate sampling shall be proposed by the Owner and subject to the written approval of the District Manager. c) The Owner shall use the Event discharged volume and the concentrations as determined in condition 3.4.1 to calculate the loading to the Natural Environment for each parameter. 3.4.2 For any Spill of Sewage that does not meet 3.4.1 a) or b): a) Where practicable, take a least one (1) grab sample, for BOD (or COD, if agreed upon by the District Manager), total suspended solids, total phosphorus, total Kjeldahl nitrogen, and E. Coli b) The Owner shall use the discharged volume, where possible, and the concentrations as determined in condition 3.4.2 a) to calculate the loading to the Natural Environment for each parameter. 3.4.3 If COD sampling was completed, the equivalent BOD values are required to be included with the data reported to the Ministry. 3.4.4 The methods and protocols for sampling, analysis and recording shall conform, in order of precedence, to the methods and protocols specified in the following documents and all analysis shall be conducted by a laboratory accredited to the ISO/IEC:17025 standard or as directed by the District Manager: a) Procedure F-10-1, “Procedures for Sampling and Analysis Requirements for Municipal and Private Sewage Treatment Works (Liquid Waste Streams Only)”, as amended from time to time. b) The Ministry's publication "Protocol for the Sampling and Analysis of Industrial/Municipal Wastewater Version 2.0" (January 2016), as amended from time to time. c) The publication "Standard Methods for the Examination of Water and Wastewater", as amended from time to time. 4.0 Reporting 4.1 The Owner shall, upon request, make all manuals, plans, records, data, procedures and supporting documentation available to Ministry staff. 4.2 Collection System Overflows 061-W601 Schedule E May 24th, 2023 20220422 SAN Page 44 of 54 4.2.1 If the Collection System Overflow meets the criteria listed in condition 3.3.1 or 3.3.2: a) The Owner shall report the Event as a Class 1 approved discharge type Spill as soon as practicable to the Ministry either by a verbal to SAC or in an electronic format if the Ministry makes a system available; b) The Owner shall report the Event to the local Medical Officer of Health in a manner agreed upon with the local Medical Officer of Health; c) The manner of notification to the Ministry shall be in two (2) stages and include, at a minimum, the following information: i The Asset ID, infrastructure description as detailed in Table B5 in Schedule B, the outfall location, and the Point of Entry (as applicable), and the reason(s) for the Event. ii First stage of reporting: a.The date and time (start) of the Event. iii Second stage of reporting (as soon as practicable and may be reported at same time as first stage): a. The date, duration, and time (start and end) of the Event; b.The estimated or measured volume of the Event, accurate to at least +/- 20% of the volume; i. If the volume of the Event is not readily available at the time of the second stage of reporting, the estimated volume can be provided to the Ministry within seven (7) calendar days of the second stage of reporting; c. If any, summary of complaints, observed adverse impacts, any additional sampling obtained, disinfection, and any corrective measures taken; d) Upon request of the local office, the Owner shall within fifteen (15) calendar days of the occurrence of any Collection System Overflow, the Owner shall submit a full written report of the occurrence to the District Manager describing the 061-W601 Schedule E May 24th, 2023 20220422 SAN Page 45 of 54 cause and discovery of the Collection System Overflow, clean-up and recovery measures taken, preventative measures to be taken and schedule of implementation, or an alternate report as agreed to in writing by the District Manager. 4.3 Spills 4.3.1 If the Collection System Overflow does not meet the criteria listed in condition 3.3.1 or 3.3.2, or is otherwise considered a Spill of Sewage: a) The Owner shall report the Spill to SAC pursuant to O.Reg.675/98 and Part X of the EPA; b) The Owner shall report the Event to the local Medical Officer of Health in a manner agreed upon with the local Medical Officer of Health; c) In addition to the obligations under Part X of the Environmental Protection Act, the Owner shall, within fifteen (15) calendar days of the occurrence of any reportable Spill, submit a full written report of the occurrence to the District Manager describing the cause and discovery of the spill or loss, actual/estimated volume of the Spill, clean-up and recovery measures taken, preventative measures to be taken and schedule of implementation. 4.4 If the Owner is unable to determine the volume of a Collection System Overflow for the purpose of reporting, the Owner shall develop procedures that enable estimated or measured volumes to be included in the required reporting for any Collection System Overflow occurring on or after June 11, 2023. 4.5 The Owner shall follow the direction of the Ministry and the local Medical Officer of Health regarding any Collection System Overflows. 4.6 The Owner shall prepare an annual performance report for the Authorized System that: 4.6.1 Is submitted to the Director on or before March 31st of each year and covers the period from January 1st to December 31st of the preceding calendar year. a) For clarity, the first report shall cover the period of January 1st, 2023 to December 31st, 2023 and be submitted to the Director on or before March 31st, 2024. 061-W601 Schedule E May 24th, 2023 20220422 SAN Page 46 of 54 b) For the transitional period of January 1, 2022 to December 31, 2022, annual reporting requirements from previous ECAs pertaining to Spills only, where these occurred in the reporting period, and that have been revoked through issuance of this ECA shall apply. i For the transitional period, condition 4.7.2 does not apply. 4.6.2 Is also submitted to the District Manager where a Collection System Overflow or Spill of Sewage has occurred in the reporting period. 4.6.3 If applicable, includes a summary of all required monitoring data along with an interpretation of the data and any conclusion drawn from the data evaluation about the need for future modifications to the Authorized System or system operations. 4.6.4 Includes a summary of any operating problems encountered and corrective actions taken. 4.6.5 Includes a summary of all calibration, maintenance, and repairs carried out on any major structure, Equipment, apparatus, mechanism, or thing forming part of the Municipal Sewage Collection System. 4.6.6 Includes a summary of any complaints related to the Sewage Works received during the reporting period and any steps taken to address the complaints. 4.6.7 Includes a summary of all Alterations to the Authorized System within the reporting period that are authorized by this Approval including a list of Alterations that pose a Significant Drinking Water Threat. 4.6.8 Includes a summary of all Collection System Overflow(s) and Spill(s) of Sewage, including: a) Dates; b) Volumes and durations; c) If applicable, loadings for total suspended solids, BOD, total phosphorus, and total Kjeldahl nitrogen, and sampling results for E.coli; d) Disinfection, if any; and 061-W601 Schedule E May 24th, 2023 20220422 SAN Page 47 of 54 e) Any adverse impact(s) and any corrective actions, if applicable. 4.6.9 Includes a summary of efforts made to reduce Collection System Overflows, Spills, STP Overflows, and/or STP Bypasses, including the following items, as applicable: a) A description of projects undertaken and completed in the Authorized System that result in overall overflow reduction or elimination including expenditures and proposed projects to eliminate overflows with estimated budget forecast for the year following that for which the report is submitted. b) Details of the establishment and maintenance of a PPCP, including a summary of project progresses compared to the PPCP’s timelines. c) An assessment of the effectiveness of each action taken. d)An assessment of the ability to meet Procedure F-5-1 or Procedure F-5-5 objectives (as applicable) and if able to meet the objectives, an overview of next steps and estimated timelines to meet the objectives. e) Public reporting approach including proactive efforts. 4.7 The report described in condition 4.6 shall be: 4.7.1 Made available, on request and without charge, to members of the public who are served by the Authorized System; and 4.7.2 Made available, by June 1st of the same reporting year, to members of the public without charge by publishing the report on the Internet, if the Owner maintains a website on the Internet. 5.0 Record Keeping 5.1 The Owner shall retain for a minimum of ten (10) years from the date of their creation: 5.1.1 All records, reports and information required by this Approval and related to or resulting Alterations to the Authorized System, and 5.1.2 All records, report and information related to the operation, maintenance and monitoring activities required by this Approval. 5.2 The Owner shall update, within twelve (12) months of any Alteration to the Authorized System being placed into service, any drawings maintained for 061-W601 Schedule E May 24th, 2023 20220422 SAN Page 48 of 54 the Municipal Sewage Collection System to reflect the Alteration of the Sewage Works, where applicable. 6.0 Review of this Approval 6.1 No later than the date specified in Condition 1 of Schedule A of this Approval, the Owner shall submit to the Director an application to have the Approval reviewed. The application shall, at minimum: 6.1.1 Include an updated description of the Sewage Works within the Authorized System, including any Alterations to the Sewage Works that were made since the Approval was last issued; and 6.1.2 Be submitted in the manner specified by Director and include any other information requested by the Director. 7.0 Source Water Protection 7.1 The Owner shall ensure that any Alteration in the Authorized System is designed, constructed, and operated in such a way as to be protective of sources of drinking water in Vulnerable Areas as identified in the Source Protection Plan, if available. 7.2 The Owner shall prepare a “Significant Drinking Water Threat Assessment Report for Proposed Alterations” for the Authorized System on or before June 11, 2023 that includes, but is not necessarily limited to: 7.2.1 An outline of the circumstances under which the proposed Alterations could pose a Significant Drinking Water Threat based on the Director’s Technical Rules established under the CWA. 7.2.2 An outline of how the Owner assesses the proposed Alterations to identify drinking water threats under the CWA. 7.2.3 For any proposed Alteration a list of components, Equipment, or Sewage Works that are being altered and have been identified as a Significant Drinking Water Threat. 7.2.4 A summary of design considerations and other measures that have been put into place to mitigate risks resulting from construction or operation of the components, Equipment or Sewage Works identified in condition 7.2.3, such as those included in the Standard Operating Policy for Sewage Works. 7.3 The Owner shall make any necessary updates to the report required in condition 7.2 at least once every twelve (12) months. 061-W601 Schedule E May 24th, 2023 20220422 SAN Page 49 of 54 7.4 Any components, Equipment or Sewage Works added to the report required in condition 7.2 shall be include in the report for the operational life of the Sewage Works. 7.5 Upon request, the Owner shall make a copy of the report required in condition 7.2 available to the Ministry or Source Protection Authority staff. 8.0 Additional Studies Assessment of Wet Weather Flows Compared to Dry Weather Flows 8.1 This condition and the following requirements apply where: a) The Authorized System has no Combined Sewers or Partially Separated Sewers; and b) There has been one or more of: an STP Overflow, STP Bypass, or Collection System Overflow within the ten (10) year period starting January 1, 2012 and ending December 31, 2021. The following requirements do not apply if: a) The Collection System Overflow is a result of emergency overflows at pumping stations during power outage or Equipment failure; and b) There has been no STP Overflow or STP Bypass. 8.1.1 The Owner shall conduct an assessment of Wet Weather Flows compared to the Dry Weather Flows in the Authorized System and/or to the STP(s) described in Schedule A, as per the following conditions: a) The assessment shall evaluate available data from the ten (10) year period starting January 1, 2012 and ending December 31, 2021. b) The assessment shall be completed and submitted to the Director by December 11, 2023. c) In the event that Wet Weather Flows in the ten (10) year period described above have created STP Bypasses or STP Overflows at the STP(s) specified in Schedule A or Collection System Overflows in an Average Year, then the study shall include: i Actions and timelines to meeting the Procedure F-5-1 objectives; 061-W601 Schedule E May 24th, 2023 20220422 SAN Page 50 of 54 ii Review of causes of STP Overflow, STP Bypass and/or Collection System Overflow Events, including inflow and infiltration, sewer use, and characteristics of rainfall events, as applicable; iii Inspection of the Sewers and bypass structures; and iv Identification of any near and/or long-term corrective actions with anticipated timelines. Assessment of Conformance to Procedure F-5-1 and F-5-5 8.2 This condition and the following requirements apply where: a) The Authorized System includes Combined Sewers or Partially Separated Sewers, and b) The Authorized System experienced a Collection System Overflow, an STP Bypass, or STP Overflow within the ten (10) year period starting January 1, 2012 and ending December 31, 2021. 8.2.1 The Owner shall conduct an assessment to demonstrate conformance of the Authorized System to Procedure F-5-1 or Procedure F-5-5, as applicable, in accordance with the following conditions: a) The assessment shall: i Be prepared by a Licensed Engineering Practitioner and be submitted to the Director by December 11, 2023; ii Be performed for each of the years 2012 through to 2021; iii Include the number of Collection System Overflows as a result of storms that are not Significant Storm Events for each year; iv Include the estimated length of Combined Sewers and Separate Sewers within the collection system; v Include the date of the most recent PPCP; vi Include the status of each action items specified in the PPCP, as applicable; vii Include a summary of additional action items not specified in a PPCP which have been taken to prevent 061-W601 Schedule E May 24th, 2023 20220422 SAN Page 51 of 54 Collection System Overflows in the ten (10) year period starting January 1, 2012 and ending December 31, 2021; and viii Identify timelines for achieving conformance to Procedure F-5-1 or Procedure F-5-5 objectives, as applicable. 8.2.2 The Owner shall submit a new or updated PPCP to the Director, no later than June 11, 2027, if: a) No PPCP exists for the Authorized System, or b)The PPCP for the Authorized System is older than ten (10) years as of May 24th, 2023. 8.2.3 The PPCP shall include, at minimum: a) Characterization of the Combined Sewer System (CSS) – Monitoring, modeling and other appropriate means shall be used to characterize the CSS and the response of the CSS to precipitation events. The characterization shall be based on the ten (10) year period starting January 1, 2012 and ending December 31, 2021 and include the determination of the location, frequency and volume of the CSOs, concentrations and mass pollutants resulting from CSOs, and identification and severity of suspected CSS deficiencies. Records shall be kept for CCS including the following: i Location and physical description of CSO and SSO outfalls in the collection systems, emergency overflows at pumping stations, and bypass locations at STPs; ii Location and identification of receiving water bodies, including sensitive receivers, for all Combined Sewer outfalls; iii Combined Sewer system flow and STP treatment capacities, present and future (20-year timeframe) expected peak flow rates during dry weather and wet weather; iv Capacity of all regulators; v Location of cross connections between sanitary Sewage and Stormwater infrastructure; and 061-W601 Schedule E May 24th, 2023 20220422 SAN Page 52 of 54 vi Location and identification of infrastructure in the CSS where monitoring Equipment is installed. b) Operational procedures shall be developed including the following: i Combined Sewer maintenance program; and ii Regulator inspection and maintenance programs. c) An examination of non-structural and structural CSO control alternatives that may include: i Source control; ii Inflow/Infiltration reduction; iii Operation and maintenance improvements; iv Control structure improvements; v Collection system improvements; vi Storage technologies; vii Treatment technologies; and viii Sewer separation. d) An implementation plan with a schedule of all practical measures to eliminate dry weather overflows and minimize wet weather overflows, as well as an overflow percent reduction target. i The implementation plan shall show how the minimum CSO prevention and control requirements and other criteria in Procedure F-5-5 are being achieved. 8.2.4 The Owner shall ensure that an updated PPCP for the Authorized System is prepared within ten (10) years of the date of that the previous PPCP was finalized. Sewer Model 8.3 The Owner shall prepare a new/updated Sewer model, within three (3) years of May 24th, 2023, if any of the following pertain to the Authorized System: 8.3.1 It includes Combined Sewers; 061-W601 Schedule E May 24th, 2023 20220422 SAN Page 53 of 54 8.3.2 It services a population greater than 10,000; or 8.3.3 The Sewer model for the Authorized System was last updated prior to 2012 and 8.3.1 or 8.3.2 apply. 20220422 SAN Page 54 of 54 Schedule F: Residue Management System Owner Bayham, The Corporation of the Municipality of ECA Number 061-W601 System Name Municipality of Bayham Sanitary Sewage Collection ECA Issue Date May 24th, 2023 1.0 Residue Management System 1.1 Not Applicable: 20220422 SWM Page 1 of 52 ENVIRONMENTAL COMPLIANCE APPROVAL For a Municipal Stormwater Management System ECA Number: 061-S701 Issue Number: 1 Pursuant to the Environmental Protection Act, R.S.O 1990, c. E. 19 (EPA), and the regulations made thereunder and subject to the limitations thereof, this environmental compliance approval is issued under section 20.3 of Part II.1 of the EPA to: Bayham, The Corporation of the Municipality of 56169 Heritage Line P.O. Box 160Straffordville, ON N0J 1Y0 For the following Sewage Works: Bayham Stormwater Infrastructure This Environmental Compliance Approval (ECA) includes the following: Schedule Description Schedule A System Information Schedule B Municipal Stormwater Management System Description Schedule C List of Notices of Amendment to this ECA: Additional Approved Works Schedule D General Schedule E Operating Conditions Schedule F Residue ManagementAppendix A Stormwater Management Criteria Except where specified otherwise, all prior ECAs, or portions thereof, issued by the Director for Sewage Works described in section 1 of Schedule B are revoked and replaced by this Approval. DATED at TORONTO this 24th day of May, 2023 Signature Aziz Ahmed, P.Eng.Director, Part II.1, Environmental Protection Act 20220422 SWM Page 2 of 52 Schedule A: System Information System Owner Bayham, The Corporation of the Municipality of ECA Number 061-S701 System Name Stormwater Infrastructure ECA Issue Date May 24th, 2023 1.0 ECA Information and Mandatory Review Date ECA Issue Date May 24th, 2023 Application for ECA Review Due Date November 15, 2027 1.1 Pursuant to section 20.12 of the EPA, the Owner shall submit an application for review of the Approval no later than the Application for ECA Review Date indicated above. 2.0 Related Documents 2.1 Other Documents Document Title Version Design Criteria for Sanitary Sewers, Storm Sewers, and Forcemains for future Alterations Authorized under ECA v.1.2 (January. 23, 2023) 3.0 Stormwater Master Plan and Asset Management Plan Document Title Version Municipality of Bayham Asset Management Plan v.1 (2020) 4.0 Operating Authority System Operating Authority Port Burwell Stormwater Infrastructure Corporation of the Municipality of Bayham 20220422 SWM Page 3 of 52 Schedule B: Municipal Stormwater Management System Description System Owner Bayham, The Corporation of the Municipality of ECA Number 061-S701 System Name Stormwater Infrastructure ECA Issue Date May 24th, 2023 1.0 System Description 1.1 The following is a summary description of the Sewage Works comprising the Municipal Stormwater Management System: Overview Port Burwell storm sewers along Robinson St. from Brock St. to the municipal beach Cul-de-sac upgrades including a new head wall and bio-swale consisting of 525mm storm sewers from south of Brock St. to the beach as well as 300mm storm sewer discharging to a new headwall and rip-rap outfall structure and ultimately discharging to Lake Erie (as per ECA#3468-AUQTGM – Feb.13, 2018) Port Burwell storm sewers along Strachan St. from Wellington St. to Brock St. as well as Haggerman St. from Brock St. to storm sewer outfall discharging to Lake Erie. Transmission storm sewers ranging in size from 865mm x 1345mm elliptical outlet pipe to 1050mm transmission sewer pipe.(as per ECA#1921-B9UL89 – March 5, 2019) Sewage Collection System 1.2 The Authorized System comprises: 1.2.1 The Sewage Works described and depicted in each document or file identified in column 1 of Table B1. Table B1: Infrastructure Map Column 1 Document or File Name Column 2 Date Port Burwell storm sewer phase 1, 2017 July 07, 2017 Port Burwell storm sewer phase 1B, 2019 September 16, 2019 1.2.2 Storm Sewers, Stormwater Management Facilities, stormwater pumping stations and Sewage Works associated with a Third Pipe 061-S701 Schedule B May 24th, 2023 20220422 SWM Page 4 of 52 Collection System that have been added, modified, replaced, or extended through authorization provided in a Schedule C Notice respecting this Approval, where Completion occurs on or after the date identified in column 2 of Table B1 for each document or file identified in column 1. 1.2.3 Storm Sewers, Stormwater Management Facilities and Sewage Works associated with a Third Pipe Collection System that have been added, modified, replaced, or extended through authorization provided by Schedule D of this Approval, where Completion occurs on or after the date identified in column 2 of Table B1 for each document or file identified in column 1. 1.2.4 Any Sewage Works described in conditions 1.3 through 1.8 below. Stormwater Collection System 1.3 Categorization of the Authorized System at the date of issue of this Approval is as follows: Table B2. Stormwater Collection System by Diameter System Type Pipe Diameter (mm)Length(km)System Totals(km)Storm Sewers Up to 250 81.8m -- Storm Sewers > 250 - 500 69.3m -- Storm Sewers > 500 - 1050 476.6m -- Storm Sewers > 1050 ---- Total Storm Sewers ----618.7m Ditches / Swales ----0mTotal System Length (km)----0.6187km Table B3. Summary of Stormwater Management Facilities by Type and Pumping Stations Facility Type Basic Treatment for Suspended Solids* Normal Treatment for Suspended Solids * Enhanced Treatment for Suspended Solids * Other Treatment Level for Suspended Solids** Total Quality Control Total Quantity Control Total Number of Facilities LID Facilities - Retention (infiltration, evapotranspiration, harvest) LID Facilities - Filtration Stormwater Management Ponds – Wet (includes wetlands, hybrids)N/A 061-S701 Schedule B May 24th, 2023 20220422 SWM Page 5 of 52 Stormwater Management Ponds - Dry Super Pipe / Storage Facility Filtration MTD - Filter Unit Sedimentation MTD - OGS Pumping Stations Other Total Number of Facilities* Basic, normal, and enhanced treatment correspond to 60%, 70% and 80% suspended solids removal on an annual average long-term basis, respectively. ** Treatment levels below 60% suspended solids removal on an annual average long-term basis. Table B4. Third Pipe Collection System (N/A) Description Pipe Diameter (mm)Length(km)Quantity System Totals Third Pipe Sewer Up to 250 N/A Third Pipe Sewer > 250 - 500 N/A Third Pipe Sewer > 500 N/A Total N/A Other Infrastructure Components (e.g., storage tank)N/A N/A Table B5. Sewage Works on Private Land that are part of the Municipal Stormwater Treatment Train* Description Location ECA # (if applicable) N/A * Identifies privately owned Sewage Works that are not part of the Authorized System, but are part of a Stormwater Treatment Train Stormwater Management Facilities 1.4 The following are Stormwater Management Facilities in the Authorized System: [*Asset ID* *Type of Facility * (e.g. 201 – Stormwater Management Wet Pond)] Location Watershed/Subwatershed Receiver of discharge Outlet location Catchment Area Level of Treatment for suspended solids N/A 061-S701 Schedule B May 24th, 2023 20220422 SWM Page 6 of 52 Treatment for other Contaminants, as requiredLevel of Volume control Design Storm Reference ECA(s) Reference Sewage Works as part of treatment train Brief Description Receive Emergency Sanitary Overflows Notes Stormwater Pumping Stations 1.5 The following are identified Stormwater pumping stations in the Authorized System: [Stormwater Pumping Station Name] Asset ID and Name Site Location Watershed/Subwatershed Latitude and Longitude Coordinates (optional) Description Pumping Station Capacity Equipment Emergency Storage Equipment: Associated controls and Appurtenances Overflow Standby Power Notes N/A Third Pipe Collection System 1.6 The following are identified third pipe systems in the Authorized System. [*Asset ID* (e.g., Third Pipe 10] Asset ID and Name Location Watershed/Subwatershed Receiver of discharge 061-S701 Schedule B May 24th, 2023 20220422 SWM Page 7 of 52 Outlet location Catchment Area Treatment, if applicable Reference ECA(s), if applicableBrief Description Notes N/A Other Works: 1.7 The following works are part of Authorized System: Table B6: Other Works Column 1Asset ID / Name Column 2Site Location (Latitude & Longitude) Column 3Component Column 4Description N/A Developer-Operated Facilities: 1.8 The following facilities are part of the Authorized System, have been constructed, and are being operated by the developer under the authority of an agreement entered into with the Owner of the system. Table B7: Developer-Operated Facilities Asset ID Type of Facility Location Developer Name N/A 1.9 The Owner shall notify the Director, using the Director Notification Form, within thirty (30) days where the operation of any Facility identified in Table B7 has been: 1.9.1 Incorporated into the overall Stormwater Management System and assumed by an Operating Authority identified in Schedule B of this Approval. 1.9.2 Has been transferred from the developer identified in Table B7 to another party. Transitional – Facilities with Individual ECAs 1.10 The following Facilities are connected to the Authorized System, but ownership has not been assumed by the Owner. These Sewage Works are 061-S701 Schedule B May 24th, 2023 20220422 SWM Page 8 of 52 not part of the Authorized System and will continue to have separate ECAs until the Facilities are assumed by the Owner. Table B8: Facilities with Individual ECAs Asset ID Type of Facility Location ECA Number Developer Name N/A 1.11 The Owner shall notify the Director, using the Director Notification Form, within thirty (30) days where the ownership of any Facility identified in Table B8 has been assumed by the Owner. 1.12 The Director Notification required in condition 1.11 shall include: 1.12.1 A request from the developer to revoke the ECA identified in Table B8; or 1.12.2 A copy of an agreement or other documentation that demonstrates that the municipality has assumed ownership of the Facility and that the ECA identified in Table B8 should be revoked. 20220422 SWM Page 9 of 52 Schedule C: List of Notices of Amendment to this ECA: Additional Approved Sewage Works System Owner Bayham, The Corporation of the Municipality of ECA Number 061-S701 System Name Stormwater Infrastructure ECA Issue Date May 24th, 2023 1.0 General 1.1 Table C1 provides a list of all notices of amendment to this Approval that have been issued pursuant to clause 20.3(1) of the EPA that impose terms and conditions in respect of the Authorized System after consideration of an application by the Director (Schedule C Notices). Table C1: Schedule C Notices Column 1Issue #Column 2Issue Date Column 3Description Column 4Status Column 5DN# N/A N/A N/A N/A N/A 20220422 SWM Page 10 of 52 Schedule D: General System Owner Bayham, The Corporation of the Municipality of ECA Number 061-S701 System Name Stormwater Infrastructure ECA Issue Date May 24th, 2023 1.0 Definitions 1.1 For the purpose of this Approval, the following definitions apply: “Adverse Effect(s)” has the same meaning as defined in section 1 of the EPA. “Alteration(s)” includes the following, in respect of the Authorized System, but does not include repairs to the system: a) An extension of the system, b) A replacement or retirement of part of the system, or c)A modification of, addition to, or enlargement of the system. “Appendix A” means Appendix A of this Approval. “Approval” means this Environmental Compliance Approval including any Schedules attached to it. “Appurtenance(s)” has the same meaning as defined in O. Reg. 525/98 (Approval Exemptions) made under the OWRA. “Authorized System” means the Sewage Works comprising the Municipal Stormwater Management System authorized under this Approval”. "Class Environmental Assessment Project" means an Undertaking that does not require any further approval under the EAA if the proponent complies with the process set out in the Municipal Engineers Association Class Environmental Assessment document, (Municipal Class Environmental Assessment approved by the Lieutenant Governor in Council on October 4, 2000 under Order in Council 1923/2000), as amended from time to time. “Combined Sewer(s)” means pipes that collect and transmit both sanitary Sewage and other Sewage from residential, commercial, institutional, and industrial buildings and facilities and Stormwater through a single-pipe system, but does not include Nominally Separate Sewers. 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 11 of 52 “Completion” means substantial performance as described in s.2 (1) of the Construction Act, R.S.O. 1990, c. C.30. “Compound of Concern” means a Contaminant that is discharged from the Facility in an amount that is not negligible. “Contaminant” has the same meaning as defined in section 1 of the EPA. “CSO” means a combined sewer overflow which is a discharge to the environment at designated location(s) from a Combined Sewer or Partially Separated Sewer that usually occurs as a result of precipitation when the capacity of the Sewer is exceeded. An intervening time of twelve hours or greater separating a CSO from the last prior CSO at the same location is considered to separate one overflow Event from another. "CWA" means the Clean Water Act, R.S.O. 2006, c.22. “Design Criteria” means the design criteria set out in the Ministry’s publication “Design Criteria for Sanitary Sewers, Storm Sewers and Forcemains for Alterations Authorized under Environmental Compliance Approval”, (as amended from time to time). “Design Guidelines for Sewage Works” means the Ministry document titled “Design Guidelines for Sewage Works”, 2008 (as amended from time to time). "Director" means a person appointed by the Minister pursuant to section 5 of the EPA for the purposes of Part II.1 of EPA (Environmental Compliance Approvals). “Director Notification Form” means the most recent version of the Ministry form titled Director Notification – Alterations to a Municipal Stormwater Management System, as obtained directly from the Ministry or from the Ministry’s website. "District Manager" means the district manager or a designated representative of the Local Ministry Office. "EAA" means the Environmental Assessment Act, R.S.O. 1990, c. E.18. "EPA" means the Environmental Protection Act, R.S.O. 1990, c.E.19. “ESC” means erosion and sediment control. “Facility” means the entire operation located on the property where the Sewage Works or equipment is located. 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 12 of 52 “Form SW1” means the most recent version of the Ministry form titled Record of Future Alteration Authorized for Storm Sewers/Ditches/Culverts as obtained directly from the Ministry or from the Ministry’s website. “Form SW2” means the most recent version of the Ministry form titled Record of Future Alteration Authorized for Stormwater Management Facilities as obtained directly from the Ministry or from the Ministry’s website. “Form SW3” means the most recent version of the Ministry form titled Record of Future Alteration Authorized for Third Pipe Collection Systems as obtained directly from the Ministry or from the Ministry’s website. "Licensed Engineering Practitioner” means a person who holds a licence, limited licence, or temporary licence under the Ontario Professional Engineers Act R.S.O. 1990, c. P.28. "LID" means “low impact development” a Stormwater management strategy that seeks to mitigate the impacts of increased runoff and Stormwater pollution by managing runoff as close to its source as possible. LID comprises a set of site design strategies that minimize runoff and distributed, small scale structural practices that mimic natural or predevelopment hydrology through the processes of infiltration, evapotranspiration, harvesting, filtration, and detention of Stormwater. “Local Ministry Office” means the local office of the Ministry responsible for the geographic area where the Authorized System is located. "Minister" means the Minister of the Ministry or such other member of the Executive Council as may be assigned the administration of the EPA and OWRA under the Executive Council Act, R.S.O. 1990, c. E.25. "Ministry" means the Ministry of the Minister and includes all employees or other persons acting on its behalf. “Monitoring Plan” means the monitoring plan prepared and maintained by the Owner under condition 4.1 in Schedule E of this Approval. “MTD” means manufactured treatment device. “Municipal Drain” has the same meaning as drainage works as defined in section 1 of the Drainage Act R.S.O. 1990, c. D.17. “Municipal Drainage Engineer’s Report” means a report signed by a drainage engineer employed or contracted by a municipality and approved in writing by municipal council or equivalent. 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 13 of 52 “Municipal Sewage Collection System” means all Sewage Works, located in the geographical area of a municipality, that collect and transmit sanitary Sewage and are owned, or may be owned pursuant to an agreement with a municipality entered into under the Planning Act or Development Charges Act, 1997, by: a) A municipality, a municipal service board established under the Municipal Act, 2001 or a city board established under the City of Toronto Act, 2006; or b) A corporation established under sections 9, 10, and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act or under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act. “Municipal Stormwater Management System” means all Sewage Works, located in the geographical area of a municipality, that collect, transmit, or treat Stormwater and are owned, or may be owned pursuant to an agreement entered into under the Planning Act or Development Charges Act, 1997, by: a) A municipality, a municipal service board established under the Municipal Act, 2001 or a city board established under the City of Toronto Act, 2006; or b) A corporation established under sections 9, 10, and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act or under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act. “Natural Environment” has the same meaning as defined in section 1 of the EPA. "Nominally Separate Sewer(s)" mean Separate Sewers that also have connections from roof leaders and foundation drains, and are not considered to be Combined Sewers. “OGS” means Oil and Grit Separators; “Operating Authority” means, in respect of the Authorized System, the person, entity, or assignee that is given responsibility by the Owner for the operation, management, maintenance, or Alteration of the Authorized System, or a portion of the Authorized System. "Owner" for the purposes of this Approval means the Municipality of Bayham, and includes its successors and assigns. "OWRA" means the Ontario Water Resources Act, R.S.O. 1990, c. O.40. 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 14 of 52 “O&M Manual” means the operation and maintenance manual prepared and maintained by the Owner under condition 3.2 in Schedule E of this Approval. "Partially Separated Sewer(s)" means Combined Sewers that have been retrofitted to transmit sanitary Sewage but in which roof leaders or foundation drains still contribute Stormwater inflow to the Partially Separated Sewer. “Pre-development” means the more stringent of a site’s: a) Existing condition prior to proposed development or construction activities; or b) Condition as defined by the local municipality. "Prescribed Person” means a person prescribed in O. Reg. 208/19 (Environmental Compliance Approval in Respect of Sewage Works) for the purpose of ss. 20.6 (1) of the EPA, and where the alteration, extension, enlargement, or replacement is carried out under an agreement with the Owner. “Privately Owned Stormwater Works” means Stormwater Sewage Works on private land that are privately owned and, while not part of the Authorized System, are considered part of a Stormwater Treatment Train. “Qualified Person (QP)” means persons who have obtained the relevant education and training and have demonstrated experience and expertise in the areas relating to the work required to be carried out by this Approval. “Schedule C Notice(s)” means a notice(s) of amendment to this Approval issued pursuant to clause 20.3(1) of the EPA that imposes terms and conditions in respect of the Authorized System after consideration of an application by the Director. “Separate Sewer(s)” means pipes that collect and transmit sanitary Sewage and other Sewage from residential, commercial, institutional, and industrial buildings. “Sewage” has the same meaning as defined in section 1 of the OWRA. “Sewage Works” has the same meaning as defined in section 1 of the OWRA. “Sewer” has the same meaning as defined in section 1 of O. Reg. 525/98 under the OWRA. 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 15 of 52 "Significant Drinking Water Threat" has the same meaning as defined in section 2 of the CWA. “Significant Snowmelt Event(s)” means the melting of snow at a rate which adversely affects the performance and function of the Authorized System and/or the Sewage Treatment Plant(s) identified in Schedule A of this Approval. “Significant Storm Event(s)” means a minimum of 25 mm of rain in any 24 hours period. “Source Protection Authority” has the same meaning as defined in section 2 of the CWA. "Source Protection Plan" means a drinking water source protection plan prepared under the CWA. “SSO” means a sanitary sewer overflow which is a discharge of Sewage from a Separate Sewer or Nominally Separate Sewer to the environment from designated location(s) in the Authorized System. “Standard Operating Policy for Sewage Works” means the standard operating policy developed by the Ministry to assist in the implementation of Source Protection Plan policies related to Sewage Works and providing minimum design and operational standards and considerations to mitigate risks to sources of drinking water, as amended from time to time. “Storm Sewer” means Sewers that collect and transmit, but not exfiltrate or lose by design, Stormwater resulting from precipitation and snowmelt. “Stormwater” means rainwater runoff, water runoff from roofs, snowmelt, and surface runoff. “Stormwater Management Facility(ies)” means a Facility for the treatment, retention, infiltration, or control of Stormwater. “Stormwater Management Planning and Design Manual” means the Ministry document titled “Stormwater Management Planning and Design Manual”, 2003 (as amended from time to time). “Stormwater Treatment Train” means a series of Stormwater Management Facilities designed to meet Stormwater management objectives (e.g., Appendix A) for a given area, and can consist of a combination of MTDs, LIDs and end-of-pipe controls. “TRCA” means the Toronto Region Conservation Authority. 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 16 of 52 “Third Pipe Collection System” means Sewage Works designed to collect and transmit foundation drainage and/or groundwater to a receiving surface water or dry well; "Undertaking" has the same meaning as in the EAA. “Vulnerable Area(s)” has the same meaning as in the CWA. 2.0 General Conditions 2.1 The works comprising the Authorized System shall be constructed, installed, used, operated, maintained, replaced, or retired in accordance with the conditions of this Approval, which includes the following Schedules: Schedule A – System Information Schedule B – Municipal Stormwater Management System Description Schedule C – List of Notices of Amendment to this ECA Schedule D – General Schedule E – Operating Conditions Schedule F – Residue Management Appendix A – Stormwater Management Criteria 2.2 The issuance of this Approval does not negate the requirements of other regulatory bodies, which includes but is not limited to, the Ministry of Northern Development, Mines, Natural Resources and Forestry and the local Conservation Authority. 2.3 Where there is a conflict between a provision of any document referred to in this Approval and the conditions of this Approval, the conditions in this Approval shall take precedence. Where there is a conflict between the information in a Schedule C Notice and another section of this Approval, the document bearing the most recent date shall prevail. 2.4 The Owner shall ensure that any person authorized to carry out work on or operate any aspect of the Authorized System is provided with a print or electronic copy of this Approval and the conditions herein and shall take all reasonable measures to ensure any such person complies with the same. 2.5 The conditions of this Approval are severable. If any condition of this Approval, or the application of any requirement of this Approval to any circumstance, is held invalid or unenforceable, the application of such condition to other circumstances and the remainder of this Approval shall not be affected thereby. 3.0 Alterations to the Municipal Stormwater Management System 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 17 of 52 3.1 For greater certainty, the Alterations authorized under this Approval are limited to Sewage Works comprising the Authorized System which does not include municipally or Privately Owned Stormwater Works: 3.1.1 On industrial, commercial, or institutional land; 3.1.2 Serving a single parcel of land, unless the stormwater management facility is located on a municipally owned park or community center; 3.1.3 That are operated as waste disposal sites defined under the EPA or snow dump / melt facilities; or, 3.1.4 That propose to collect, store, treat, or discharge stormwater containing substances or pollutants (other than Total Suspended Solids, or oil and grease) detrimental to the environment or human health. 3.2 Any Schedule C Notice shall provide authority to alter the Authorized System in accordance with the conditions of this Approval. 3.3 All Schedule C Notices issued by the Director for the Municipal Stormwater Management System shall form part of this Approval. 3.4 The Owner and a Prescribed Person shall ensure that the documentation required through conditions in this Approval and the documentation required in the Design Criteria are prepared for any Alteration of the Authorized System. 3.5 The Owner shall notify the Director within thirty (30) calendar days of placing into service or Completion of any Alteration of the Authorized System which had been authorized: 3.5.1 Under Schedule D to this Approval where the Alteration results in a change to Sewage Works specifically described in Schedule B of this Approval; 3.5.2 Through a Schedule C Notice respecting Sewage Works other than Storm Sewers; or 3.5.3 Through another approval that was issued under the EPA prior to the issue date of this Approval. 3.6 The notification requirements set out in condition 3.5 do not apply to any Alteration in respect of the Authorized System which: 3.6.1 Is exempt under section 53(6) of the OWRA or by O. Reg. 525/98; 3.6.2 Constitutes maintenance or repair of the Authorized System; or 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 18 of 52 3.6.3 Is a Storm Sewer, ditch, or culvert authorized by condition 4.1 of Schedule D of this Approval. 3.7 The Owner shall notify the Director within ninety (90) calendar days of: 3.7.1 The discovery of existing Sewage Works not described or depicted in Schedule B, or 3.7.2 Additional or revised information becoming available for any Sewage Works described in Schedule B of this Approval. 3.8 The notifications required in condition 3.5 and 3.7 shall be submitted to the Director using the Director Notification Form. 3.9 The Owner shall ensure that any chemicals, coagulants, or polymers used in the stormwater management system have obtained written approval from the Director prior to use, unless required for spill control or spill clean-up. 3.10 The Owner shall ensure that an ESC plan is prepared, and temporary ESC measures are installed in advance of and maintained during any construction activity on the Authorized System, subject to the following conditions: 3.10.1 Inspections of ESC measures are to be conducted at a frequency specified per the ESC plan, for dry weather periods (active and inactive construction phases), after Significant Storm Events and Significant Snowmelt Events, and after any extreme weather events. 3.10.2 Any deficiencies shall be addressed, and any required maintenance actions(s) shall be undertaken as soon as practicable once they have been identified. 3.10.3 Inspections and maintenance of the temporary ESC measures shall continue until they are no longer required. 3.11 The Owner shall ensure that records of inspections required by this Approval during any construction activity, including those required under condition 3.10: 3.11.1 Include the name of the inspector, date of inspection, visual observations, and the remedial measures, if any, undertaken to maintain the temporary ESC measures. 3.11.2 Be retained with records relating to the Alteration that the construction relates to, such as the form required in conditions 4.4.1, 5.5.1, and 6.2.1 of Schedule D, or the Schedule C Notice. 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 19 of 52 3.11.3 Be retrievable and made available to the Ministry upon request. 3.12 The document(s) or file(s) referenced in Table B1 of Schedule B of this Approval shall: 3.12.1 Be retained by the Owner; 3.12.2 Include at a minimum: a) Identification of Storm Sewers, which shall include the following information: i Location relative to street names or easements; and ii Sewer diameters. b) Identification of existing municipally owned Stormwater Sewage Works, including but not limited to ditches, swales, culverts, outlets, Stormwater Management Facilities, sedimentation MTD (for example oil grit separators), filtration MTD, LID, end of pipe controls, Third Pipe Collection Systems, and pumping stations, including any applicable Asset IDs. c) Identification of the main tributaries and receiving water bodies to that the Sewage Works discharge to. d) Delineation of municipal, watershed, and subwatershed boundaries, as available. e) Identification of the storm sewersheds for each outlet. f) Identification of any source protection Vulnerable Areas. g) Identification of any Sewage Works that receive SSOs or CSOs. 3.12.3 Be updated to include: a)Alterations authorized under Schedule D of this Approval or through a Schedule C Notice within twelve (12) months of the Alteration being placed into service. b) Updates to information contained in the document(s) or files(s) not associated with an Alteration within twelve (12) months of becoming aware of the updated information. 3.13 An Alteration is not authorized under Schedule D of this ECA for projects that impact Indigenous treaty rights or asserted rights where: 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 20 of 52 3.13.1 The project is on Crown land or would alter access to Crown land; 3.13.2 The project is in an open or forested area where hunting, trapping or plant gathering occur; 3.13.3 The project involves the clearing of forested land unless the clearing has been authorized by relevant municipal, provincial, or federal authorities, where applicable; 3.13.4 The project alters access to a water body; 3.13.5 The proponent is aware of any concerns from Indigenous communities about the proposed project and these concerns have not been resolved; or, 3.13.6 Conditions respecting Indigenous consultation in relation to the project were placed in another permit or approval and have not been met. 3.14 No less than 60 days prior to construction associated with an Alteration the Director may notify the Owner in writing that a project is not authorized through Schedule D of this ECA where: 3.14.1 Concerns regarding treaty rights or asserted rights have been raised by one or more Indigenous communities that may be impacted by the Alteration; or 3.14.2 The Director believes that it is in the public interest due to site specific, system specific, or project specific considerations. 3.15 Where an Alteration is not authorized under condition 3.13 or 3.14 above: 3.15.1 An application respecting the Alteration shall be submitted to the Ministry; and, 3.15.2 The Alteration shall not proceed unless: a) Approval for the Alteration is granted by the Ministry (i.e., a Schedule C Notice); or, b) The Director provides written notice that the Alteration may proceed in accordance with conditions in Schedule D of this ECA. 4.0 Authorizations of Future Alterations to Storm Sewers, Ditches, or Culverts - Additions, Modifications, Replacements and Extensions 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 21 of 52 4.1 The Owner or a Prescribed Person may alter the Authorized System by adding, modifying, replacing, or extending a Storm Sewer, ditch, or culvert within the Authorized System subject to the following conditions and conditions 4.2 and 4.3 below: 4.1.1 The design of the addition, modification, replacement, or extension: a) Has been prepared by a Licensed Engineering Practitioner; b)Has been designed only to collect and transmit Stormwater; c)Has not been designed to collect or treat any sanitary Sewage; d) Has not been designed to collect, store, treat, control, or manage groundwater, unless for the purpose of foundation drains, road subdrains, or LIDs; e) Satisfies the Design Criteria or any municipal criteria that have been established that exceed the minimum requirements set out in the Design Criteria; f) Satisfies the standards set out in Ontario Provincial Standard Specifications (OPSS) and Ontario Provincial Standard Drawings (OPSD), as applicable to ditches and culverts; g) Is consistent with or otherwise addresses the design objectives contained within the Design Guidelines for Sewage Works; h) Is planned, designed, and built to be consistent with the Stormwater Management Planning and Design Guidance Manual. If there is a conflict with Appendix A of this Approval, then Appendix A shall prevail; and i) Includes design considerations to protect sources of drinking water, including those set out in the Standard Operating Policy for Sewage Works, and any applicable local Source Protection Plan policies. 4.1.2 The addition, modification, replacement, or extension shall be designed so that it will: a) Not adversely affect the ability to maintain a gravity flow in the Authorized System without overflowing or increase surcharging any maintenance holes as per design; and 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 22 of 52 b) Provide smooth flow transition to existing gravity Storm Sewers; 4.1.3 The Alteration shall not result in: a) Adverse Effects; or b) A deterioration of the approved effluent quality or quantity of downstream Stormwater Management Facilities which results in not being able to achieve the overall Stormwater performance criteria per Appendix A. 4.1.4 The Storm Sewer, ditch or culvert addition, modification, replacement, or extension is wholly located within the municipal boundary over which the Owner has jurisdiction or there is a written agreement in place with the adjacent property owner respecting the Alteration and resulting Sewage Works. 4.1.5 The Owner consents in writing to the addition, modification, replacement, or extension. 4.1.6 A Licensed Engineering Practitioner has verified in writing that the addition, modification, replacement, or extension meets the requirements of conditions 4.1.1 a) to h), 4.3.9, and 4.3.10. 4.1.7 The Owner has verified in writing that the addition, modification, replacement, or extension has complied with inspection and testing requirements in the Design Criteria. 4.1.8 The Owner has verified in writing that the addition, modification, replacement, or extension meets the requirements of conditions 4.1.1 i), 4.1.2 to 4.1.6, 4.3.7, and 7.2. 4.2 The addition of Storm Sewers or ditches can be constructed but not operated until the Stormwater Management Facilities required to service the new Storm Sewers or ditches are in operation. 4.3 The Owner or a Prescribed Person is not authorized to undertake an Alteration described above in condition 4.1 where the Alteration relates to the addition, modification, replacement, or extension of a Storm Sewer that: 4.3.1 Passes under or through a body of surface water, unless trenchless construction methods are used or the local Conservation Authority has authorized an alternative construction method. 4.3.2 Has a nominal diameter greater than 2,400 mm, or equivalent sizing. 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 23 of 52 4.3.3 Is a Combined Sewer. 4.3.4 Is a concrete channel. 4.3.5 Is designed to, at any time, transmit, store, or control sanitary Sewage. 4.3.6 Converts rural road cross section ditches to curb, gutter, and Storm Sewers if the Stormwater volume and/or peak flow is increased and no water quality treatment is planned or demonstrated to be achieved, in accordance with this Approval and Appendix A, to offset the increase in Stormwater. 4.3.7 Results in new discharges or increased discharges to a Municipal Drain without written approval by the Owner and a signed Municipal Drainage Engineer’s Report in accordance with the Drainage Act R.S.O. 1990, c. D.17. 4.3.8 Establishes a new outlet with direct discharge into the Natural Environment without monitoring in accordance with this Approval and without achieving the requirements set in Appendix A. 4.3.9 Increases Stormwater flow of an existing Storm Sewer or ditch without achieving water quality criteria set in Appendix A in accordance with this Approval unless the existing downstream Municipal Stormwater Management System has sufficient residual transmission and treatment capacity to accommodate the additional Stormwater. 4.3.10 Increases local hydraulic capacity of an existing Storm Sewer or ditch to accommodate new Stormwater flows unless the existing downstream Municipal Stormwater Management System has sufficient residual hydraulic capacity to accommodate the additional Stormwater. 4.3.11 Connects to another Municipal Stormwater Management System, unless: a) Prior to construction, the Owner of the Authorized System obtains written consent from the Owner or Owner’s delegate of the Municipal Stormwater System being connected to; and b) The Owner of the Authorized System retains a copy of the written consent from the Owner or Owner’s delegate of the Municipal Stormwater Management System being connected to as part of the record that is recorded and retained under condition 4.4. 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 24 of 52 4.3.12 Is part of an Undertaking in respect of which: a)A request under s.16(6) of the EAA has been made, namely a request that the Minister make an order under s.16; b) The Minister has made an order under s.16; or c)The Director under that EAA has given notice under s.16.1 (2) that the Minister is considering making an order under s.16. 4.4 The consents and verifications required in conditions 4.1 and 4.3, if applicable, shall be: 4.4.1 Recorded on SW1, prior to the Storm Sewer, ditch, or culvert addition, modification, replacement, or extension being placed into service; and 4.4.2 Retained for a period of at least ten (10) years by the Owner. 4.5 For greater certainty, the verification requirements set out in condition 4.4 do not apply to any Alteration in respect of the Authorized System which: 4.5.1 Is exempt under section 53(6) of the OWRA or by O. Reg. 525/98; or 4.5.2 Constitutes maintenance or repair of the Authorized System. 5.0 Authorizations of Future Alterations to Stormwater Management Facilities - Additions, Modifications, Replacement, and Extensions 5.1 Subject to conditions 5.2 and 5.3, the Owner or a Prescribed Person may alter the Stormwater Management Facilities in the Authorized System by adding, modifying, replacing, or extending the following components: 5.1.1 Rooftop storage 5.1.2 Parking lot storage 5.1.3 Superpipe storage 5.1.4 Reduced lot grading 5.1.5 Roof leader to ponding area 5.1.6 Roof leader to soakaway pit 5.1.7 Infiltration trench 5.1.8 Engineered grassed swales / bioswale 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 25 of 52 5.1.9 Pervious pipes 5.1.10 Pervious catchbasins 5.1.11 Vegetated filter strips 5.1.12 Natural buffer strips 5.1.13 Green roofs/Rooftop gardens 5.1.14 Wet pond 5.1.15 Engineered wetland 5.1.16 Dry pond 5.1.17 Hybrid Facility 5.1.18 Infiltration basin 5.1.19 Filtration MTD 5.1.20 Sedimentation MTD - OGS 5.1.21 LID that relies on one or more of the following mechanisms to achieve treatment and control: a) Evapotranspiration; b)Infiltration into the ground; or c) Filtration. 5.1.22 Any other Stormwater Management Facilities where the Director has provided authorization in writing to proceed with the Alteration. 5.2 Any Alteration to the Authorized System authorized under condition 5.1 is subject to the following conditions: 5.2.1 The design of the Alteration shall: a) Be prepared by a Licensed Engineering Practitioner; b)Be designed only to collect, receive, treat, or control only Stormwater and has not been designed to collect, receive, treat, or control sanitary Sewage; c) Is planned, designed, and built to be consistent with the Stormwater Management Planning and Design Guidance 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 26 of 52 Manual. If there is a conflict with Appendix A of this Approval, then Appendix A shall prevail; d) Satisfy the Design Criteria or any municipal criteria that have been established that exceed the minimum requirements set out in the Design Criteria; e) Be part of a Stormwater Treatment Train approach that satisfies the requirements outlined in Appendix A, or transmits Stormwater to a Stormwater Management Facility that satisfies the requirements outlined in Appendix A; f) Includes an outlet or an emergency overflow for the Sewage Works, with the verification of the location, route, and capacity of the receiving major system to accommodate overflows; and g) Include design considerations to protect sources of drinking water, including those set out in the Standard Operating Policy for Sewage Works and any applicable local Source Protection Plan policies. 5.2.2 The Alteration shall not result in: a) Adverse Effects; or b) A deterioration on the approved effluent quality or quantity of downstream Stormwater Management Facilities which results in not being able to achieve the overall Stormwater performance criteria per Appendix A. 5.2.3 The Alteration may incorporate co-benefits, but in doing so shall not diminish functionality or efficiency of any Stormwater Management Facility(ies) that may be impacted by the Alteration. 5.2.4 Any new sedimentation MTD that is part of the Alteration shall meet the following requirements: a) Tested in accordance with the TRCA protocol Procedure for Laboratory Testing of OGSs and testing data verified in accordance with the ISO 14034 Environmental Technology Verification (ETV) protocol. The suspended solids removal claimed for the sedimentation MTD in achieving the water quality criteria in Appendix A, and the sizing methodology used to determine the appropriate sedimentation MTD dimensions for the particular site, shall be based on the verified removal efficiency for all particle size fractions comprising the particle size distribution specified within the 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 27 of 52 testing protocol or a particle size distribution approved by the Director. b) Using the verified sediment removal efficiencies for the respective surface loading rates specified in the testing protocol, the sedimentation MTD sizing methodology shall use linear interpolation to calculate sediment removal efficiencies for surface loading rates that lie between the specified surface loading rates. For surface loading rates less than the lowest specified and tested surface loading rate, the sediment removal efficiency shall be assumed to be identical to the verified removal efficiency for the lowest specified and tested surface loading rate. Where available, 15 min rainfall stations shall be used for sizing the sedimentation MTD. c) When two or more sedimentation MTD are installed in series, no additional sediment removal credit shall be applied beyond the sediment removal credit of the largest device in the series. d) The sediment removal rate at the specified surface loading rates determined for the tested full scale, commercially available MTD may be applied to similar MTDs of smaller or larger size by proper scaling. Scaling the performance results of the tested MTD to other model sizes without completing additional testing is acceptable provided that: i The claimed sediment removal efficiencies for the similar MTD are the same or lower than the tested MTD at identical surface loading rates; and ii The similar MTD is scaled geometrically proportional to the tested unit in all inside dimensions of length and width and a minimum of 85% proportional in depth. e) The units must be installed in an off-line configuration if the unit had an effluent concentration greater than 25 mg/L at any of the surface loading rates conducted during the sediment scour and resuspension test as part of the ISO 14034 verification. f) The sedimentation MTD should be sized for the highest suspended solids percent removal physically and economically practicable, and used as a pre-treatment device in a treatment train designed to achieve the water quality criteria in Appendix A. 5.2.5 Any new filtration MTD that is part of the Alteration shall meet the following requirements: 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 28 of 52 a) Field tested and verified in accordance with a minimum of one of the following protocols: i Washington State Technology Assessment Protocol - Ecology (TAPE) General Use Level Designation (GULD); and 1. Has ISO 14034 ETV verification to satisfy ETV Canada requirements; 2. The field monitoring data set used to obtain GULD certification should include a minimum of three (3) events that exceed 75th percentile rainfall event with at least one hour with an intensity of 6 mm/h or greater. ii Another testing and verification method, where the Director has communicated acceptability in writing. b) Where available, 15 min rainfall stations shall be used for sizing the filtration MTD using the rainfall intensity corresponding to 90% of annual runoff volume; c) The SS removal rate determined for the tested full scale, commercially available filtration MTD, or single full-scale commercially available cartridge or filtration module, may be applied to other model sizes of that filtration MTD provided that appropriate scaling principles are applied. Scaling the tested filtration MTD or single full-scale commercially available cartridge or filtration module, to determine other model sizes and performance without completing additional testing is acceptable provided that: i Depth of media, composition of media, and gradation of media remain constant. ii The ratio of the maximum treatment flow rate to effective filtration treatment area (filter surface area) is the same or less than the tested filtration MTD; iii The ratio of effective sedimentation treatment area to effective filtration treatment area is the same or greater than the tested filtration MTD; and iv The ratio of wet volume to effective filtration treatment area is the same or greater than the tested filtration MTD. 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 29 of 52 5.2.6 When it is necessary to use Privately Owned Stormwater Works in the Stormwater Treatment Train to achieve Appendix A criteria as part of or as a result of an Alteration, the following conditions apply: a) The Owner shall, through legal instruments or binding agreements, obtain the right to access, operate, and maintain the Privately Owned Sewage Works; b) The Owner shall ensure that the right to access, operate and maintain the Privately Owned Sewage Works described in condition 5.2.6 a) above is maintained at all times that the works are in service and used to achieve Appendix A criteria. c) The Owner shall ensure on-going operation and maintenance of the Privately Owned Stormwater Works; d) The Owner ensures on-going operation and maintenance of the Privately Owned Stormwater Works; and e) The Owner shall ensure that the Privately Owned Stormwater Works have obtained separate approval(s) under the EPA, as required. 5.2.7 The Alteration is wholly located within the municipal boundary over which the Owner has jurisdiction or there is a written agreement in place with the adjacent municipality respecting the Alteration and resulting Sewage Works. 5.2.8 The Owner consents in writing to the Alteration authorized under condition 5.1. 5.2.9 A Licensed Engineering Practitioner has verified in writing that the Alteration authorized under condition 5.1 meets the design requirements of conditions 5.2.1 a) to f), 5.2.4 and 5.2.5. 5.2.10 The Owner has verified in writing that the Alteration authorized under condition 5.1 meets the requirements of conditions 5.2.1 g), 5.2.2, 5.2.6 to 5.2.9, 5.3, 5.4, and 7.2. 5.3 The authorization in condition 5.1 does not apply: 5.3.1 To the establishment of a regional Stormwater management end-of- pipe flood control Facility; 5.3.2 Where the Alteration will result in new or increased discharges to a Municipal Drain without written approval by the Owner and a signed Municipal Drainage Engineer’s Report in accordance with the Drainage Act R.S.O. 1990, c. D.17; 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 30 of 52 5.3.3 To the establishment of a new outlet with direct discharge into the Natural Environment without treatment and monitoring in accordance with this Approval; 5.3.4 Where the Alteration will service a drainage area greater than 65 ha; 5.3.5 Where the Alteration will result in conversion of an existing Stormwater Management Facility into another type of Stormwater Management Facility; 5.4 Any Alteration to LID or end-of-pipe Stormwater Management Facilities shall be inspected before operation of the Alteration to confirm construction as per specifications (including depth, as applicable). 5.5 The consents and verifications required in conditions 5.2.8 to 5.2.10 if applicable, shall be: 5.5.1 Recorded on Form SW2, prior to undertaking the Alteration; and 5.5.2 Retained for a period of at least ten (10) years by the Owner. 5.6 For greater certainty, the verification requirements set out in condition 5.5 do not apply to any Alteration in respect of the Authorized System which: 5.6.1 Is exempt under section 53(6) of the OWRA or by O. Reg. 525/98; or 5.6.2 Constitutes maintenance or repair of the Authorized System. 6.0 Authorizations of Future Alterations for Third Pipe Collection System Additions, Modifications, Replacements and Extensions 6.1 The Owner or a Prescribed Person may alter the Authorized System by adding, modifying, replacing, or extending, and operating works comprising a municipal Third Pipe Collection System to collect foundation drainage and groundwater where: 6.1.1 The design of the Alteration: a) Has been prepared by a Licensed Engineering Practitioner; b)Is limited to collection, transmission, reuse and/or treatment of only foundation drainage and groundwater, and is not designed to collect or treat sanitary Sewage; 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 31 of 52 c) Satisfies the Design Criteria or any municipal criteria that have been established that exceed the minimum requirements set out in the Design Criteria; and d) Is scoped so that the resulting Sewage Works are intended to: i Primarily function for the non-potable reuse, as deemed acceptable by the Owner and the local health unit, of foundation drainage and/or groundwater, and no discharge to a Storm Sewer or Separate Sewer if there is excess volume that cannot be reused; and/or ii Provide wetland recharge, in which case, collection of rooftop runoff will also be acceptable. 6.1.2 The Alteration is not located on a contaminated site, or where natural occurring conditions result in contaminated discharge, or where the site receives contaminated groundwater or foundation drainage from another site, unless the discharge being received has been remediated or treated prior to acceptance by the Third Pipe Collection System. 6.1.3 The Owner has undertaken a site assessment for water quantity, water quality, and hydrogeological site conditions regarding the Alteration. 6.1.4 The Alteration will not result in Adverse Effects. 6.1.5 The Alteration is wholly located within the municipal boundary over which the Owner has jurisdiction or there is a written agreement in place with the adjacent property owner respecting the Alteration and resulting Sewage Works. 6.1.6 The Owner consents in writing to the Alteration. 6.1.7 A Licensed Engineering Practitioner has verified in writing that the Alteration meets the requirements of condition 6.1.1. 6.1.8 The Owner has verified in writing that the Alteration meets the requirements of conditions 6.1.2 to 6.1.7. 6.2 The consents, verifications and documentation required in conditions 6.1.7 and 6.1.8 shall be: 6.2.1 Recorded on Form SW3 prior to undertaking the Alteration; and 6.2.2 Retained for a period of at least ten (10) years by the Owner. 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 32 of 52 6.3 For greater certainty, the verification requirements set out in condition 6.2 do not apply to any Alteration in respect of the Authorized System which: 6.3.1 Is exempt under section 53(6) of the OWRA or by O. Reg. 525/98; or 6.3.2 Constitutes maintenance or repair of the Authorized System, including changes to software for an existing SCADA system resulting from Alterations authorized in condition 6.1. 6.4 The Owner shall update, within twelve (12) months of the Alteration of the Sewage Works being placed into service, any drawings maintained for the Municipal Stormwater Management System to reflect the Alterations of the Sewage Works, where applicable. 7.0 Outlets 7.1 Any outlet established or altered as part of an Alteration authorized through conditions 4, 5, or 6 of Schedule D in this Approval shall have regard to the 2012 TRCA Stormwater Management Criteria document, Appendix E, for outlets. 7.2 Any outlet established as part of an Alteration authorized through conditions 4, 5, or 6 of Schedule D in this Approval shall not: 7.2.1 Increase discharge or create a new point source discharge to privately owned land unless there is express written consent of the owner(s) of such private land(s). 7.2.2 Result in Adverse Effects. 8.0 Previously Approved Sewage Works 8.1 If approval for an Alteration to the Authorized System was issued under the EPA and is revoked by this Approval, the Owner may make the Alteration in accordance with: 8.1.1 The terms of this Approval; or 8.1.2 The terms and conditions of the revoked approval as of the date this approval was issued, provided that the Alteration is commenced within five (5) years of the date that the revoked approval was issued. 9.0 Transition 061-S701 Schedule D May 24th, 2023 20220422 SWM Page 33 of 52 9.1 An Alteration of the Authorized System is exempt from the requirements in clause (e) of condition 4.1.1, clause (d) of condition 5.2.1, and clause (c) of condition 6.1.1 where: 9.1.1 Effort to undertake the Alteration, such as tendering or commencement of construction of the Sewage Works associated with the Alteration, begins on or before June 11, 2023. 9.1.2 The design of the Alteration conforms to the Stormwater Management Planning and Design Manual, and where applicable, Design Guidelines for Sewage Works; 9.1.3 The design of the Alteration was completed on or before the issue date of this Approval or a Class Environmental Assessment was completed for the Alteration and changes to the design result in significant cost increase or significant project delays; and 9.1.4 The Alteration would be otherwise authorized under this Approval. 20220422 SWM Page 34 of 52 Schedule E: Operating Conditions System Owner Bayham, The Corporation of the Municipality of ECA Number 061-S701 System Name Stormwater Infrastructure ECA Issue Date May 24th, 2023 1.0 General Operations 1.1 The Owner shall ensure that, at all times, the Sewage Works comprising the Authorized System and the related equipment and Appurtenances used to achieve compliance with this Approval are properly operated and maintained. 1.2 Prescribed Persons and Operating Authorities shall ensure that, at all times, the Sewage Works under their care and control and the related equipment and Appurtenances used to achieve compliance with this Approval are properly operated and maintained. 1.3 In conditions 1.1 and 1.2 “properly operated and maintained” includes effective performance, adequate funding, adequate operator staffing and training, including training in applicable procedures and other requirements of this Approval and the EPA, OWRA, CWA, and regulations, adequate laboratory services, process controls and alarms and the use of process chemicals and other substances used in the Authorized System. 1.4 The Owner ensure that Sewage Works are operated with the objective that the effluent from the Sewage Works is essentially free of floating and settleable solids and does not contain oil or any other substance in amounts sufficient to create a visible film, sheen, foam, or discoloration on the receiving waters, and shall evaluate the need for maintenance if the objective is not being met. 1.5 The Owner shall ensure that any Storm Sewers or ditches authorized under Schedule D of this approval are not placed into operation until the associated Stormwater Management Facilities to provide treatment are constructed and operated. 2.0 Duties of Owners and Operating Authorities 2.1 The Owner, Prescribed Persons, and any Operating Authority shall ensure the following: 2.1.1 At all times that the Sewage Works within the Authorized System are in service the Sewage Works are: 061-S701 Schedule E May 24th, 2023 20220422 SWM Page 35 of 52 a) Operated in accordance with the requirements under the EPA and OWRA, and b) Maintained in a state of good repair. 2.1.2 The Authorized System is operated by persons that are familiar with the requirements of this Approval. 2.1.3 All sampling, testing, monitoring, and reporting requirements under the EPA and this Approval that relate to the Authorized System are complied with. 2.1.4 All necessary steps are taken to ensure that operations of the Sewage Works and any associated physical structures do not constitute a safety or health hazard to the general public. 2.1.5 Where a Stormwater Management Facility ceases to function as a Stormwater Management Facility, whether by intent, accident, or otherwise (e.g., a CSO or an SSO), a workplan shall be developed that includes local community notification, plans for rehabilitating the Stormwater Management Facility to proper function in a reasonable time, identification of actions that will be taken to prevent reoccurrences, and timelines for implementing the workplan. 2.1.6 That operations and maintenance activities are undertaken at the frequency and in conformance with the procedures set out in the O&M Manual. a) A Prescribed Person or Operating Authority shall only undertake operations and maintenance activities where they have been delegated the authority to undertake such activities by the Owner or the Owner has expressly approved the activity(ies). 2.2 For clarity, the requirements outlined in the above conditions 2.1 for Prescribed Persons and any Operating Authority only apply to Sewage Works within the Authorized System where they are responsible for the operation. 2.3 The Owner, Prescribed Persons, and Operating Authority shall take all reasonable steps to minimize and ameliorate any Adverse Effect on the Natural Environment or impairment of the quality of water of any waters resulting from the operation of the Authorized System, including such accelerated or additional monitoring as may be necessary to determine the nature and extent of the effect or impairment. 3.0 Operations and Maintenance 061-S701 Schedule E May 24th, 2023 20220422 SWM Page 36 of 52 3.1 Inspection 3.1.1 The Owner shall ensure that all Sewage Works within the Authorized System are inspected at the frequency and in accordance with procedures set out in their O&M Manual. 3.1.2 The owner shall ensure that: a) Any Stormwater Management Facilities, pumping stations, and any outlets that discharge to a receiver, are inspected at least once before December 31, 2026, if these have not been inspected since January 1, 2018 and thereafter as required by the O&M Manual; and b) Any Stormwater Management Facilities, pumping stations, and any outlets that discharge to a receiver, established, or replaced within the Authorized System after the date of issuance of this Approval, are inspected within one year of being placed into service and thereafter as required by the O&M Manual. 3.1.3 The Owner shall clean and maintain Sewage Works within the Authorized System to ensure the Sewage Works perform as designed. 3.1.4 The Owner shall inspect the Stormwater Management Facilities in the Authorized System after significant flooding events as defined in, and in accordance with procedures documented in, the O&M Manual. 3.1.5 The Owner shall maintain records of the results of the inspections required in condition 3.1.1, 3.1.2 and 3.1.4 and any cleaning and maintenance operations undertaken, and shall make available the records for inspection by the Ministry upon request. The records shall include the following: a) Asset ID and name of the Sewage Works; b)Date and results of each inspection, maintenance, or cleaning; c)Name of person who conducted the inspection, maintenance, or the name of the inspecting official, where applicable, and d) As applicable to the type of works, observations resulting from the inspection including, at a minimum: 061-S701 Schedule E May 24th, 2023 20220422 SWM Page 37 of 52 i Hydraulic operation of the works (e.g., length of occurrence since the last rainfall event, evidence or occurrence of overflows). ii Condition of vegetation in and around the works. iii Occurrence of obstructions at the inlet and outlet of the works. iv Evidence of spills and/or oil/grease contamination. v Presence of trash build-up, and vi Measurements of other parameters as required in the Monitoring Plan. 3.2 Operations & Maintenance (O&M) Manual 3.2.1 The Owner shall prepare and implement an operations and maintenance manual for Sewage Works within the Authorized System on or before June 11, 2023, that includes or references, but is not necessarily limited to, the following information: a) Procedures for the routine operation of the Sewage Works; b) Inspection programs, including the frequency of inspection, and the methods or tests employed to detect when maintenance is necessary, including: i Presence of algae and/or invasive species impairing the Works (e.g., phragmites, goldfish); ii Measurements of sediment depth, manual water levels (staff gauge) and/or visual observations, as appropriate to the Stormwater Management Facilities. c) Maintenance and repair programs, including: i The frequency of maintenance and repair for the Sewage Works; ii Stormwater pond sediment cleanout, dewatering, and management; 061-S701 Schedule E May 24th, 2023 20220422 SWM Page 38 of 52 iii Excavation, modification, replacement of LID soil/media/aggregate/geotextile, such as bioretention cells, green roof, permeable pavement; and iv The frequency of maintenance for any other Stormwater Management Facilities identified in Schedule B that collect sediment. d) Operational and maintenance requirements to protect sources of drinking water, such as those included in the Standard Operating Policy for Sewage Works, and any applicable local Source Protection Plan policies; e) Procedures for routine physical inspection and calibration of monitoring equipment or components in accordance with the Monitoring Plan; f) Emergency Response, Spill Reporting and Contingency Plans and Procedures for dealing with Equipment breakdowns, potential spills, and any other abnormal situations, including notification to the Spills Action Centre, the Medical Officer of Health, and the District Manager, as applicable; g) Procedures for receiving, responding, and recording public complaints, including recording any follow-up actions taken; and h) As-built drawings or record drawings of the Sewage Works. 3.2.2 The Owner shall review and update the O&M Manual and ensure that access to a copy is available at each Stormwater Management Facility for the operational life of the works. 3.2.3 The Owner shall provide a copy of the O&M Manual to Ministry staff, upon request. 3.2.4 The Owner shall revise the O&M Manual to include procedures necessary for the operation and maintenance of any Sewage Works within the Authorized System that are established, altered, extended, replaced, or enlarged after the date of issuance of this approval prior to placing into service those Sewage Works. 3.2.5 For greater certainty, the O&M Manual may be a single document or a collection of documents that, when considered together, apply to all parts of the Authorized System. 3.3 On or before June 11, 2025, the Owner shall establish signage to notify the public at any Stormwater Management Facility identified in Schedule B that 061-S701 Schedule E May 24th, 2023 20220422 SWM Page 39 of 52 is a wet pond, dry pond, hybrid Facility, or engineered wetland. The signage shall include the following minimum information: 3.3.1 Identification that the site contains a Stormwater Management Facility; 3.3.2 Identification of potential hazards and limitations of water use, as applicable; 3.3.3 Identification of the purpose of the Facility; 3.3.4 ECA approval number and/or asset ID; and 3.3.5 Owner’s contact information. 3.4 Prior to any maintenance of Sewage Works comprising the Authorized System, the Owner shall ensure that all applicable permits or authorizations have been obtained from Federal or Provincial agencies having legislative mandates relating to species at risk or water resources. 4.0 Monitoring Plan 4.1 On or before June 11, 2024 or within twenty-four (24) months of the date of the publication of the Ministry’s monitoring guidance, whichever is later, the Owner shall develop and implement a monitoring plan for the Authorized System. The monitoring plan shall be: 4.1.1 Signed and approved by management with the authority delegated by the Owner to do so; 4.1.2 Peer-reviewed by a third-party Qualified Person (QP), external to the development of the Monitoring Plan, to verify the adequacy of the Monitoring Plan in complying with conditions 4.4 and 4.5 of Schedule E. The results of the peer review shall include: a) Written confirmation from the QP that they have the experience and qualifications to carry out the work; and b) Written confirmation from the QP of the adequacy of the Monitoring Plan. 4.2 The Owner, or a QP designated by the Owner, may jointly develop the Monitoring Plan in partnership with Owner(s) of other Municipal Stormwater Management Systems as long as the Municipal Stormwater Management Systems are within the same watershed. 4.3 The Owner shall ensure the Monitoring Plan is implemented and any resulting monitoring data is recorded in an electronic database. 061-S701 Schedule E May 24th, 2023 20220422 SWM Page 40 of 52 4.4 The Monitoring Plan shall include: 4.4.1 Procedures to verify that the operational performance of the Authorized System is as designed/planned; 4.4.2 Procedures to assess the environmental impact of the Municipal Stormwater Management System; and 4.4.3 Procedures for any corrective action that may be required to address any performance deficiencies or environmental impacts identified from above conditions 4.4.1 or 4.4.2. 4.5 The Monitoring Plan shall also include, but not be limited to: 4.5.1 Identification of the Sewage Works to be monitored, including outlets and any works that provide quality and/or quantity control; 4.5.2 Identification of the key receivers to be monitored within the Owner’s municipal boundaries and the monitoring locations; 4.5.3 Consideration of relevant municipal land use and environmental planning documents (e.g., Stormwater Management Master Plan, Class Environmental Assessment Project, asset management plan, subwatershed studies, and planned development); 4.5.4 Characterization of water quality and quantity conditions and identification of water users to be protected, based on conditions 4.5.2 and 4.5.3; 4.5.5 Identification of water quality and quantity goals, as it relates to Stormwater management, using the information collected in condition 4.5.4; 4.5.6 Identification of locations of rainfall gauges to be used; 4.5.7 Identification of inspections, measurements, sampling, analysis and/or other monitoring activities that were used as the basis for or will inform future updates to the procedures identified in condition 4.4. 4.5.8 Details respecting a monitoring program for the works and the receivers, that includes, at a minimum: a) Hydrological, chemical, physical, and biological parameters, as appropriate, in alignment with the goals; 061-S701 Schedule E May 24th, 2023 20220422 SWM Page 41 of 52 b) Ensures water level of the Stormwater Measurement Facilities, excluding MTDs, are measured at regular intervals with a water level gauge; c) Monitoring methodology, including the frequency and protocols for sampling, analysis, and recording, with consideration of dry and wet weather events and timing of sampling during wet weather events. d) Ensures that the time of all samples or measurements are recorded. 4.5.9 An implementation plan for the monitoring program that identifies timelines and, if the monitoring occurs on a rotational basis, provides a description of the rotational schedule and associated works. 4.5.10 Includes a summary of all monitoring data along with an interpretation of the data and any conclusion drawn from the data evaluation about the need for future modifications to the Authorized System or system operations, and 4.5.11 Consideration of adaptive management practices (e.g., evidence-based decision making). 4.6 The Owner shall ensure that the Monitoring Plan is updated where necessary within twelve (12) months of any Alteration to the Authorized System, or more frequently as required by the Monitoring Plan. 4.7 The Owner shall, on request and without charge, provide a copy of the Monitoring Plan and any resulting monitoring data to members of the public. 5.0 Reporting 5.1 The Owner shall, upon request, make all manuals, plans, records, data, procedures and supporting documentation available to Ministry staff. 5.2 The Owner shall prepare an annual performance report for the Authorized System that: 5.2.1 Is submitted to the Director on or before April 30th of each year and covers the period from July 1st to December 31st of the preceding calendar year. a) For clarity, the first report shall cover the period of July 1, 2023 to December 31st, 2023 and be submitted to the Director on or before April 30th, 2024. 061-S701 Schedule E May 24th, 2023 20220422 SWM Page 42 of 52 5.2.2 Includes a summary of all monitoring data along with an interpretation of the data and an overview of the condition and operational performance of the Authorized System and any Adverse Effects on the Natural Environment; 5.2.3 Includes a summary and interpretation of environmental trends based on all monitoring information and data for the previous five (5) years; 5.2.4 Includes a summary of any operating problems encountered and corrective actions taken; 5.2.5 Includes a summary of all inspections, maintenance, and repairs carried out on any major structure, equipment, apparatus, mechanism, or thing forming part of the Authorized System; 5.2.6 Includes a summary of the calibration and maintenance carried out on all monitoring equipment; 5.2.7 Includes a summary of any complaints related to the Sewage Works received during the reporting period and any steps taken to address the complaints; 5.2.8 Includes a summary of all Alterations to the Authorized System within the reporting period that are authorized by this Approval including a list of Alterations that pose a Significant Drinking Water Threat; 5.2.9 Includes a summary of all spills or abnormal discharge events; 5.2.10 Includes a summary of actions taken, including timelines, to improve or correct performance of any aspect of the Authorized System; and 5.2.11 Includes a summary of the status of actions for the previous reporting year. 5.3 The report described in condition 5.2 shall be: 5.3.1 Made available, on request and without charge, to members of the public who are served by the Authorized System; and 5.3.2 Made available, by June 1st of the same reporting year, to members of the public without charge by publishing the report on the Internet, if the Owner maintains a website on the Internet. 6.0 Record Keeping 061-S701 Schedule E May 24th, 2023 20220422 SWM Page 43 of 52 6.1 The Owner shall retain for a minimum of ten (10) years from the date of their creation: 6.1.1 All records, reports and information required by this Approval and related to or resulting Alterations to the Authorized System, and 6.1.2 All records, report and information related to the operation, maintenance and monitoring activities required by this Approval. 6.2 The Owner shall update, within twelve (12) months of any Alteration to the Authorized System being placed into service, any drawings maintained for the Municipal Stormwater Management System to reflect the Alteration of the Sewage Works, where applicable. 7.0 Review of this Approval 7.1 No later than the date specified in Condition 1 of Schedule A of this Approval, the Owner shall submit to the Director an application to have the Approval reviewed. The application shall, at minimum: 7.1.1 Include an updated description of the Sewage Works within the Authorized System, including any Alterations to the Sewage Works that were made since the Approval was last issued; and 7.1.2 Be submitted in the manner specified by Director and include any other information requested by the Director. 8.0 Source Water Protection 8.1 The Owner shall ensure that any Alteration in the Authorized System is designed, constructed, and operated in such a way as to be protective of sources of drinking water in Vulnerable Areas as identified in the Source Protection Plan, if available. 8.2 The Owner shall prepare a “Significant Drinking Water Threat Assessment Report for Proposed Alterations” for the Authorized System on or before June 11, 2023 that includes, but is not necessarily limited to: 8.2.1 An outline of the circumstances under which proposed Alterations could pose a Significant Drinking Water Threat based on the Director’s Technical Rules established under the CWA. 8.2.2 An outline of how the Owner assesses the proposed Alterations to identify drinking water threats under the CWA. 8.2.3 For any proposed Alteration a list of components, equipment, or Sewage Works that are being altered and have been identified as a Significant Drinking Water Threat. 061-S701 Schedule E May 24th, 2023 20220422 SWM Page 44 of 52 8.2.4 A summary of design considerations and other measures that have been put into place to mitigate risks resulting from construction or operation of the components, equipment, or Sewage Works identified in condition 8.2.3, such as those included in the Standard Operating Policy for Sewage Works. 8.3 The Owner shall make any necessary updates to the report required in condition 8.2 at least once every twelve (12) months. 8.4 Any components, equipment, or Sewage Works added to the report required in condition 8.2 shall be include in the report for the operational life of the Sewage Works. 8.5 Upon request, the Owner shall make a copy of the report required in condition 8.2 available to the Ministry or Source Protection Authority staff. 9.0 Storm Sewer Catchment Asset Inventory 9.1 The Owner shall prepare and submit to the Director an inventory of the storm sewersheds and classify in accordance with Tables E1 and E2, on or before June 11, 2025. Minimum classification of the level of Stormwater management is as follows: 9.1.1 Level A – Stormwater receives treatment for water quality and quantity prior to discharge to the environment; 9.1.2 Level B – Stormwater receives treatment for water quality but no water quantity prior to discharge to the environment; and 9.1.3 Level C – Stormwater receives no treatment for water quality prior to discharge to the environment. Table E1. Storm Sewershed and Associated Treatment Outlet Asset ID Sewershed Catchment Area (ha) Tributary or Receiver Subwatershed/ Watershed Stormwater Management Level (A, B or C) Treatment provided by other municipality (if applicable) Table E2. Summary of Storm Sewersheds Stormwater Management Level Total Number of Outlets to Environment Total Sewershed Catchment Area (ha)Level A Level B Level C 061-S701 Schedule E May 24th, 2023 20220422 SWM Page 45 of 52 9.2 Within 12 (twelve) months of the date that the inventory required in condition 9.1 is submitted to the Director, the document(s) or file(s) referenced in Table B1 of Schedule B of this Approval shall be updated to identify the storm sewersheds for each outlet and their level of Stormwater management. 20220422 SWM Page 46 of 52 Schedule F: Residue Management System Owner Bayham, The Corporation of the Municipality of ECA Number 061-S701 System Name Stormwater Infrastructure ECA Issue Date May 24th, 2023 1.0 Residue Management System 1.1 Not Applicable. 20220422 SWM Page 47 of 52 Appendix A – Stormwater Management Criteria 1.0 Applicability of Criteria 1.1 The criteria listed under Table A1 of this Appendix applies to all drainage areas greater than 0.1 ha, with the construction erosion and sediment control criteria applying also to sites <0.1 ha; 1.2 Despite condition 1.1 of Appendix A, if some or all of the criteria listed under Table A1 of this Appendix have been assessed for and addressed in other adjacent developed lands to the project site through a subwatershed plan or equivalent study, then those criteria may not be applicable to the project site. Table A1. Performance Criteria Water Balance [1]FOR DEVELOPMENT SCENARIOS [2] Assessment Studies: i)Control [3] as per the criteria identified in the water balance assessment completed in one or more of the following studies [15], if undertaken: a watershed/subwatershed plan; Source Protection Plan (Assessment Report component); Master Stormwater Management Plan, Master Environmental Servicing Plan; Class EA, or similar approach that transparently considers social, environmental and financial impacts; or local site study including natural heritage, Ecologically significant Groundwater Recharge Areas (EGRA), inflow and infiltration strategies. The assessment should include sufficient detail to be used at a local site level and consistent with the various level of studies; OR IF Assessment Studies in i) NOT completed: ii)Control [3] the recharge [4] to meet Pre-development [5] conditions on property; OR iii)Control [3] the runoff from the 90th percentile storm event. Lake Simcoe Watershed Municipalities: iv)Control [3] as per the evaluation of anticipated changes in water balance between Pre-development and post-development assessed through a Stormwater management plan in support of an application for Major Development [6]. The assessment should include sufficient detail to be used at a local site level. If it is demonstrated, using the approved water balance estimation methods [7], that the site’s post to Pre-development water balance cannot be met, and Maximum Extent Possible [8] has been attained, the proponent may use Lake Simcoe and Region Conservation Authority’s (LSRCA) Recharge Compensation Program [9]. FOR RETROFIT SCENARIOS [10] Assessment Studies: i) Control as per criteria identified in the water balance assessment completed in one or more of the following studies: a watershed/subwatershed plan, Source Protection Plan (Assessment Report component), Master Stormwater Management Plan, Master Environmental Servicing Plan, 061-S701 Appendix A May 24th, 2023 20220422 SWM Page 48 of 52 Class EA, or local site study including natural heritage, EGRA, inflow and infiltration strategies, if undertaken. The assessment should include sufficient detail to be used at a local site level and consistent with the various level of studies; OR ii) If constraints [11] identified in i), then control [3] as per Maximum Extent Possible [8] based on environmental site feasibility studies or address local needs[14]. IF Assessment Studies in i) NOT completed:iii) Control [3] the recharge [4] to meet Pre-development [5] conditions on property; ORiv) Control [3] the runoff from the 90th percentile storm event. Water Quality [1]FOR DEVELOPMENT SCENARIOS [2] All of the following criteria must be met for development scenarios: General:i)Characterize the water quality to be protected and Stormwater Contaminants (e.g., suspended solids, nutrients, bacteria, water temperature) for potential impact on the Natural Environment, and control as necessary, ORii) As per the watershed/subwatershed plan, similar area-wide Stormwater study, or Stormwater management plan to minimize, or where possible, prevent increases in Contaminant loads and impacts to receiving waters.Suspended Solids: i)Control [3] 90th percentile storm event and if conventional methods are necessary, then enhanced, normal, or basic levels of protection (80%, 70%, or 60% respectively) for suspended solids removal (based on the receiver). Phosphorus: i) Minimize existing phosphorus loadings to Lake Erie and its tributaries, as compared to 2018 or conditions prior to the proposed development, ORii) Minimize phosphorus loadings to Lake Simcoe and its tributaries. Proponents with development sites located in the Lake Simcoe watershed shall evaluate anticipated changes in phosphorus loadings between Pre-development and post-development through a Stormwater management plan in support of an application for Major Development [6]. The assessment should include sufficient detail to be used at a local site level. If, using the approved phosphorus budget tool [12], it is demonstrated that the site’s post to Pre-development phosphorus budget cannot be met, and Maximum Extent Possible [8] has been attained, the proponent may use LSRCA’s Phosphorus Offsetting Policy [9]. FOR RETROFIT SCENARIOS [10] i) Improve the level of water quality control currently provided on site; AND ii) As per the ‘Development’ criteria for Suspended Solids, OR iii)If ‘Development’ criteria for Suspended Solids cannot be met, Works are designed as a multi-year retrofit project, in accordance with a rehabilitation study or similar area-wide Stormwater study, such that the completed treatment train will achieve the ‘Development’ criteria for Suspended Solids or local needs[14], within ten (10) years; OR 061-S701 Appendix A May 24th, 2023 20220422 SWM Page 49 of 52 iv) If constraints [11] identified in ii) and iii), then control [3] as per Maximum Extent Possible [8] based on environmental site feasibility studies.Erosion Control (Watershed) [1] FOR DEVELOPMENT SCENARIOS [8] i) As per erosion assessment completed in watershed/subwatershed plan, Master Stormwater Management Plan, Master Environmental Servicing Plan, Drainage Plan, Class EA, local site study, geomorphologic study, or erosion analysis; OR ii) As per the Detailed Design Approach or Simplified Design Approach methods described in the Stormwater Management Planning and Design Manual:a.The Detailed Design Approach may be selected by the proponent for any development regardless of size and location within the watershed provided technical specialists are available for the completion of the technical assessments; or considered more appropriate than the simplified approach given the size and location of the development within the watershed and the sensitivity of the receiving waters in terms of morphology and habitat function. b. The Simplified Design Approach may be adopted for watersheds whose development area is generally less than twenty hectares AND either one of the following two conditions apply:1) The catchment area of the receiving channel at the point-of-entry of Stormwater drainage from the development is equal to or greater than twenty-five square kilometres; or 2) Meets the following conditions: The channel bankfull depth is less than three quarters of a metre; The channel is a headwater stream; The receiving channel is not designated as an Environmentally Sensitive Area (ESA) or Area of Natural or Scientific Interest (ANSI) and does not provide habitat for a sensitive aquatic species; The channel is stable to transitional; and The channel is slightly entrenched; ORiii) In the absence of a guiding study, detain at minimum, the runoff volume generated from a 25 mm storm event over 24 to 48 hours. FOR RETROFIT SCENARIOS [10] i)If approaches i-iii) under ‘Development Scenarios’ are not feasible as per identified constraints [11], then improve the level of erosion control [3] currently provided on site to Maximum Extent Possible [8] based on environmental site feasibility studies or address local needs[14]. Water Quantity (Minor and Major System) [1] i)As per municipal standards, Master Stormwater Management Plan, Class EA, Individual EA and/or ECA, as appropriate for the type of project [13] Flood Control (Watershed Hydrology) [1] FOR DEVELOPMENT SCENARIOS [2] i)Manage peak flow control as per watershed/subwatershed plans, municipal criteria being a minimum 100 year return storm (except for site-specific considerations and proximity to receiving water bodies), municipal guidelines and standards, Individual/Class EA, ECA, Master Plan, as appropriate for the type of project [13]. 061-S701 Appendix A May 24th, 2023 20220422 SWM Page 50 of 52 FOR RETROFIT SCENARIOS [10] i)If approaches i) under ‘Development Scenarios’ are not feasible as per identified constraints [11], then improve the level of flood control [3] currently provided on site to Maximum Extent Possible [8] based on environmental site feasibility studies. Construction Erosion and Sediment Control i)Manage construction erosion and sediment control through development and implementation of an erosion and sediment control (ESC) plan. The ESC plan shall: a. Have regard to Canadian Standards Association (CSA) W202 Erosion and Sediment Control Inspection and Monitoring Standard (as amended); ORb. Have regard to Erosion and Sediment Control Guideline for Urban Construction 2019 by TRCA (as amended). ii)Be prepared by a QP for sites with drainage areas greater than 5 ha or if specified by the Owner for a drainage lower than 5 ha. iii)Installation and maintenance of the ESC measures specified in the ESC plan shall have regard to CSA W208:20 Erosion and Sediment Control Installation and Maintenance (as amended). iv) For sites with drainage areas greater than 5 ha, a QP shall inspect the construction ESC measures, as specified in the ESC plan.Footnote 1.Where the opportunity exists on your project site or the same subwatershed, reallocation of development elements may be optimal for management as described in footnote [3].2. Development includes new development, redevelopment, infill development, or conversion of a rural cross-section into an urban cross-section.3. Stormwater volumes generated from the geographically specific 90th percentile rainfall event on an annual average basis from all surfaces on the entire site are targeted for control. Control is in the following hierarchical order, with each step exhausted before proceeding to the next: 1) retention (infiltration, reuse, or evapotranspiration), 2) LID filtration, and 3) conventional Stormwater management. Step 3, conventional Stormwater management, should proceed only once Maximum Extent Possible [8] has been attained for Steps 1 and 2 for retention and filtration.4. Recharge is the infiltration and movement of surface water into the soil, past the vegetation root zone, to the zone of saturation, or water table. 5. Pre-development is defined as the more stringent of the two following scenarios: 1) a site’s existing condition, or 2) as defined by the local municipality.6. Major Development has the same meaning as in the Lake Simcoe Protection Plan, 2009.7.Currently, the approved tool by LSRCA for calculating the water balance is the Thornthwaite-Mather Method. Other tools agreed upon by relevant approval agencies (e.g., LSRCA, municipality, or Ministry) may also be acceptable, subject to written acceptance by the Director. 8. Maximum Extent Possible means maximum achievable Stormwater volume control through retention and LID filtration engineered/landscaped/technical Stormwater practices, given the site constraints [11]. 9. Information pertaining to LSRCA’s Recharge Compensation Program and Phosphorus Offsetting Policy is available on LSRCA’s website (lsrca.on.ca), or in “Water Balance Recharge Policy for the Lake Simcoe Protection Plan”, dated July 2021, and prepared by Lake Simcoe Region Conservation Authority and “Phosphorus Offsetting Policy”, dated July 2021, and prepared by Lake Simcoe Region Conservation Authority. 061-S701 Appendix A May 24th, 2023 20220422 SWM Page 51 of 52 10. Retrofit means: 1) a modification to the management of the existing infrastructure, 2) changes to major and minor systems, or 3) adding Stormwater infrastructure, in an existing area on municipal right-of-way, municipal block, or easement. It does not include conversion of a rural cross-section into an urban cross-section. 11. Site constraints must be documented. A list of site constraints can be found in Table A2. 12.Tools for calculating phosphorus budgets may include the Ministry’s Phosphorus Tool, the Low Impact Development Treatment Train Tool developed in partnership by TRCA, LSRCA, and Credit Valley Conservation (CVC), or other tools agreed upon by the LSRCA and other relevant approval agencies including the municipality. 13. Possible to look at combined grey infrastructure and LID system capacity jointly. 14. Local needs include requirements for water quality, erosion, and/or water balance retrofits identified by the owner through ongoing operation and maintenance of the stormwater system, including inspection of local receiving systems and the characterization of issues requiring remediation through retrofit controls. 15. All studies shall conform with Ministry policies. If any conclusions in the studies negate policy, then the project will require a direct submission to the Ministry for review through an application pertaining to a Schedule C Notice. Table A2. Stormwater Management Practices Site Constraints Site Constraints a) Shallow bedrock [1], areas of blasted bedrock [2], and Karst; b) High groundwater [1] or areas where increased infiltration will result in elevated groundwater levels which can be shown through an appropriate area specific study to impact critical utilities or property (e.g., susceptible to flooding); c) Swelling clays [3] or unstable sub-soils; d) Contaminated soils (e.g., brownfields); e) High Risk Site Activities including spill prone areas; f) Prohibitions and or restrictions per the approved Source Protection Plans and where impacts to private drinking water wells and /or Vulnerable Domestic Well Supply Areas cannot be appropriately mitigated; g) Flood risk prone areas or structures and/ or areas of high inflow and infiltration (I/I) where wastewater systems (storm and sanitary) have been shown through technical studies to be sensitive to groundwater conditions that contribute to extraneous flow rates that cause property flooding / Sewer back-ups; h) For existing municipal rights-of-way infrastructure (e.g., roads, sidewalks, utility corridor, Sewers, LID, and trails) where reconstruction is proposed and where surface and subsurface areas are not available based on a site-specific assessment completed by a QP; i) For developments within partially separated wastewater systems where reconstruction is proposed and where, based on a site-specific assessment completed by a QP, can be shown to: i Increase private property flood risk liabilities that cannot be mitigated through design; ii Impact pumping and treatment cost that cannot be mitigated through design; or 061-S701 Appendix A May 24th, 2023 20220422 SWM Page 52 of 52 iii Increase risks of structural collapse of Sewer and ground systems due to infiltration and the loss of pipe and/or pavement support that cannot be mitigated through design. j)Surface water dominated or dependent features including but not limited to marshes and/or riparian forest wetlands which derive all or a majority of their water from surface water, including streams, runoff, and overbank flooding. Surface water dominated or dependent features which are identified through approved site specific hydrologic or hydrogeologic studies, and/or Environmental Impact Statements (EIS) may be considered for a reduced volume control target. Pre-consultation with the MECP and local agencies is encouraged; k)Existing urban areas where risk to water distribution systems has been identified through assessments to meet applicable drinking water requirements, including Procedures F-6 and F-6-1, and substantiated by a QP through an appropriate area specific study and where the risk cannot be reasonably mitigated per the relevant design guidelines; l)Existing urban areas where risk to life, human health, property, or infrastructure has been is identified and substantiated by a QP through an appropriate area specific study and where the risk cannot be reasonably mitigated per the relevant design guidelines; m) Water reuse feasibility study has been completed to determine non-potable reuse of Stormwater for onsite or shared use; n)Economic considerations set by infrastructure feasibility and prioritization studies undertaken at either the local/site or municipal/system level [4].Footnote: 1. May limit infiltration capabilities if bedrock and groundwater is within 1m of the proposed Facility invert per Table 3.4.1 of the LID Stormwater Planning and Design Guide (2010, V1.0 or most recent by TRCA/CVC). Detailed assessment or studies are required to demonstrate infiltration effects and results may permit relaxation of the minimum 1m offset. 2. Where blasting is more localized, this constraint may not be an issue elsewhere on the property. While infiltration-based practices may be limited in blasted rock areas, other forms of LID, such as filtration, evapotranspiration, etc., are still viable options that should be pursued.3. Swelling clays are clay soils that is prone to large volume changes (swelling and shrinking) that are directly related to changes in water content.4. Infrastructure feasibility and prioritization studies should comprehensively assess Stormwater site opportunities and constraints to improve cost effectiveness, environmental performance, and overall benefit to the receivers and the community. The studies include assessing and prioritizing municipal infrastructure for upgrades in a prudent and economically feasible manner. ZBA-08/23 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: GERHARD BLATZ LOCATION: 12 ELIZABETH STREET, PORT BURWELL TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment (ZBA-08/23). AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, August 17, 2023 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel THE PURPOSE of this By-law is amendment to change the zoning regulations on a 1.2 ha (2.97 acre) parcel of land to add an additional permitted use of one residential unit (apartment) in a portion of an existing accessory building with floor area maximum of 51.7 m2 (557 ft2) in an existing mobile home park, in Zoning By-law Z456-2003. The subject lands are located at 12 Elizabeth Street, east side, south of Wellington Street in the village of Port Burwell. THE EFFECT of this By-law will be to permit one apartment unit in the second storey of an existing accessory building with accessory storage on the lower floor of the existing accessory building. The proposed amendment is a resubmission of a previous Zoning By-law Amendment (ZBA-18/22) proposal which was refused based on neighbour concerns which have been address between the parties involved. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. Written comments are to be submitted on or before 12:00 Noon on Wednesday, August 9, 2023 to munderhill@bayham.on.ca or at the municipal office to be included in the public meeting agenda. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 21st day of July 2023. Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca OPA-05/23 and ZBA-09/23 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: MUNICIPALITY OF BAYHAM LOCATION: GENERAL AMENDMENT TAKE NOTICE that the Municipality of Bayham has received a complete application for an Official Plan Amendment (OPA-05/23), the County of Elgin is the Approval Authority for Official Plan Amendments, and a complete application for a Zoning Bylaw Amendment (ZBA-09/23). AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, August 17, 2023 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line in Straffordville to consider a proposed Official Plan and Zoning By-law amendment under Section 17 and 34 of the PLANNING ACT. Planning Public Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel THE PURPOSE of these Amendments is to amend several Official Plan Sections in order to provide for consistency/conformity to recent Provincial planning legislation changes, including:  Section 4.7 Second Dwelling Units / Additional Residential Units – permit up to 2 additional residential units, remove restrictions on additional residential units  Section 8.6.1.3 Plan of Subdivision - Public Meeting requirement removed  Section 8.17 Site Plan Control – 10 or less residential units would not require Site Plan Approval  Section 8.18.1 cash-in-lieu of Parkland – change dedication rates And changes to Zoning By-law Section 4.59 Second Dwelling Units to replace “second dwelling” with “additional dwelling” and to indicate maximum 2 additional dwelling units. No key map is provided as the proposed amendment applies to the entire Municipality. THE EFFECT of these Amendments will be to bring the Municipality of Bayham Official Plan into consistency/conformity to the PLANNING ACT, as amended. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendments. Written comments are to be submitted on or before 12:00 Noon on Wednesday, August 9, 2023 to munderhill@bayham.on.ca or at the municipal office to be included in the public meeting agenda. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or, make written submissions to the Municipality of Bayham before the by-laws are passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed Official Plan or Zoning By-law amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendments may be obtained by contacting the Municipal Office. Dated at the Municipality of Bayham this 21st day of July 2023. Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca REPORT DRAINAGE TO: Mayor & Members of Council FROM: Steve Adams, Manager of Public Works|Drainage Superintendent DATE: August 17, 2023 REPORT: DR-03/23 SUBJECT: PETITION FOR DRAINAGE – OBAR/CAIN BACKGROUND This Report is to present Council the Petition filed with the Clerk of the Municipality of Bayham on July 25, 2023. The petition is signed by David Obar and Jessica Cain, and is for drainage works for lands owned by David and Jessica Cain, known as Concession 9 PT Lots 23 in the Municipality of Bayham. This land is situated on west side of County Road 19, (Plank Rd.) one lot south of the recently developed parcels north of the Village of Eden. Section 4(1) of the Drainage Act provides for a petition for the drainage by means of a drainage works of an area requiring drainage as described in the petition may be filed with the clerk of the local municipality in which the area is situate by: (a) The majority in number of the owners, as shown by the last revised assessment roll of lands in the area, including the owners of any roads in the area: (b) The owner or owners, as shown by the last revised assessment roll, of lands in the area representing at least 60% of the hectarage in the area; (c) Where a drainage works is required for a road or part thereof, the engineer, road superintendent or person having jurisdiction over such road or part, despite subsection 61(5); (d) Where a drainage works is required for the drainage of lands used for agricultural purposes, the Director. The Drainage Act provides that Council must give consideration to the petition and, within thirty days (Section 5.1.a) of the filing, decide whether or not it will proceed. If Council decides not to proceed then written notice of its decision must be sent to each petitioner. A petitioner may appeal to the Ontario Drainage Tribunal if Council decides not to proceed, or if Council does not act on the petition within 30 days. It may be difficult for Council to make a decision on the validity of the petition as it is based on definition of the “area requiring drainage”. Initially, the petitioner(s) define this area on the petition they submit, however the area must be defined by an engineer at the “on-site meeting” to determine the validity of the petition. If the Municipality decides to proceed then written notice of its decision must be given to (Section 5.16): (a) each petitioner; (b) the Clerk of each local municipality that may be affected; (c) the Conservation Authority that may be affected; (d) the Ministry of Natural Resources; (e) The Ministry of Agriculture, Food & Rural Affairs. The Municipality must appoint an engineer within sixty days (Section 8.3) of giving notice to proceed. The choice of engineer is the decision of Council. When appointed by Council to prepare a report on the drainage work, the engineer is to file said report within six (6) months (Section 39.1) of the appointment. Following the appointment the engineer must (Section 9.1) cause the Municipal Clerk to send a written notice, specifying the time and place of an “on-site meeting”. The notice must be served seven days prior to the proposed site meeting. DISCUSSION The property owned by David Obar and Jessica Cain is in the process of creating building lot on the subject parcel. The property is located on the West Side of County Road 19 Plank Road, north of Eden Line one lot south of the recently developed lots. A viable outlet could potentially be the Eden Branch ‘C’. Pending an on-site meeting and to confirm Branch ‘C’ would be the most viable outlet, the decision would come from the municipal engineer’s direction. It is staff recommendation, if to proceed with the petition, to retain Spriets Associates Ltd. as the municipal drainage engineer to move forward with this petition. STRATEGIC PLAN Not applicable. RECOMMENDATION THAT Report DR-03/23 regarding the petition for drainage for the David Obar and Jessica Cain be received; AND THAT the Council of The Corporation of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from David Obar and Jessica Cain; AND THAT Council wishes to proceed with this matter and appoints Spriet Associates Ltd., Engineers, to prepare a report on the proposed drainage area pursuant to Section 5 and Section 8(1) of the Drainage Act, for Council’s consideration. Respectfully Submitted by: Reviewed by: Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works|Drainage Superintendent Chief Administrative Officer REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: August 17, 2023 REPORT: DS-47/23 FILE NO. C-07 / D13.UNDE Roll # 3401-000-001-01401 SUBJECT: Rezoning Application ZBA-06/23 – Gregory Underhill Farms Ltd. 55267 Orchard Line Draft Zoning By-law No. Z758-2023 BACKGROUND Agent David Roe has submitted a rezoning application on behalf of Gregory Underhill Farms Ltd. to rezone a property at 55267 Orchard Line, Port Burwell, located on the south side and east of Brown Road, legally described as Concession 1 Lots 11 and 12. The purpose of this By-law Amendment is to rezone the subject lands from ‘Tourist Commercial (C3)’ and ‘Special Agriculture (A2)’ to a ‘site-specific Tourist Commercial (C3-1)’ zone to permit commercial / seasonal travel trailer park and campground use consistent to the existing travel trailer park and campground use of the lot addition lands, in Zoning By-law No. Z456-2003. The subject lands are a portion of lands known as 55267 Orchard Line, which are to be merged with lands known as 5 Bridge Street, Port Burwell. The effect of this By-law will be to facilitate the expansion of the Big Otter Marina and Campground as part of the clearing of Consent Conditions for Elgin Land Division Committee file Number E21-23, granted May 24, 2023. The public meeting was held on July 20, 2023 with no signed in attendees, no persons speaking to the application, and no written public submissions. DISCUSSION The planner’s memorandum, dated April 20, 2023, accompanying Staff Report DS-27/23, dated May 4, 2023, provided an analysis of the application against the Zoning By-law. The requested amendment is to rezone the severed parcel from C3 and A2 Zone to a site-specific C3-1 Zone consistent to the Big Otter Marina and Campground lot addition lands to permit seasonal travel trailer park use in the form of a storage area for boats/trailers and not as an expansion of trailer Staff Report DS-47/23 Underhill G 2 sites. Staff and planner agree the rezoning application meets the policies and recommend approval to change the zoning to meet the condition of Consent E21-23. STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-06/23 Gregory Underhill Farms Ltd. 2. Draft Zoning By-law No. Z758-2023 RECOMMENDATION THAT Report DS-47/23 regarding the Gregory Underhill Farms Ltd. rezoning application ZBA-06/23 be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held July 20, 2023 associated with this application, there were no written submissions and no oral presentation received regarding this matter; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on a property located in Concession 1 Part Lots 11 and 12, known municipally as a portion of 55267 Orchard Line from the C3 and A2 Zone to a site-specific C3-1 zone consistent to the Big Otter Marina and Campground lot addition lands, and to specifically permit seasonal travel trailer park use on the severed lands in accordance to the Official Plan; AND THAT Zoning By-law No. Z758-2023 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z758-2023 GREGORY UNDERHILL FARMS LTD. BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A” Map No. 14 by removing the north portion of the subject lands which will be shown on Schedule “I” Port Burwell. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “I” Port Burwell by adding the north portion of the subject lands with zoning symbol Special Agricultural (A2) and by changing the zoning symbol on the lands from A2 and Tourist Commercial (C3) to a site-specific Tourist Commercial (C3-1) zone, which lands are outlined in heavy solid lines and marked C3-1 on Schedule “I” to this By-law, which schedule is attached to and forms part of this By-law. 4) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal. READ A FIRST TIME AND SECOND TIME THIS 17TH DAY OF AUGUST 2023. READ A THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF AUGUST 2023. MAYOR CLERK Z758-2023 Z758-2023 REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: August 17, 2023 REPORT: DS-48/23 FILE NO. C-07 / D13.CREV Roll # 3401-000-002-09600 SUBJECT: Rezoning Application ZBA-07/23 – Crevits, B & M 56858 Tunnel Line Draft Zoning By-law No. Z759-2023 BACKGROUND Brian and Maria Crevits have submitted a rezoning application to rezone a property at 56858 Tunnel Line, north side, east of Toll Gate Road, legally described as Concession 3 Lot 23. The purpose of this By-law Amendment is to rezone two portions of the subject lands, one portion from ‘Agricultural (A1)’ to a ‘Rural Residential (RR)’ zone to permit residential use, and the remainder from ‘A1’ to ‘Special Agricultural (A2)’ as a result of a surplus farm dwelling severance, in Zoning By-law No. Z456-2003. The effect of this By-law will be to recognize the residential nature of the newly-created residential lot and to prohibit new dwellings on the retained farm parcel in accordance to the Official Plan, as part of the clearing of Consent Conditions for Elgin Land Division Committee File Number E104-22, granted February 22, 2023 The public meeting was held on July 20, 2023 with no signed in attendees, no persons speaking to the application, and no written public submissions. DISCUSSION The planner’s memorandum, dated January 26, 2023, accompanying Staff Report DS-08/23, dated February 2, 2023, provided an analysis of the consent application against the Zoning By-law. The requested amendment will rezone the retained parcel from an Agricultural (A1-A) Zone to a Special Agricultural (A2) Zone to prohibit new dwellings and rezone the severed parcel from an Agricultural (A1-A) Zone to a Rural Residential (RR) Zone in accordance with the Official Plan policies for surplus farm dwellings. Staff Report DS-48/23 Crevits 2 Correspondence was received from the Long Point Conservation Authority (LPRCA) in February 2023 stating they have no concerns with the proposal for severance and the proposed lot location. Staff and planner agree the rezoning application meets the policies and recommend approval to change the zoning to meet the condition of Consent E104-22. STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-07/23 B & M Crevits 2. Long Point Conservation Authority (LPRCA) correspondence, dated February 14, 2023 3. Draft Zoning By-law No. Z759-2023 RECOMMENDATION THAT Report DS-48/23 regarding the Brian and Maria Crevits rezoning application ZBA-07/23 be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held July 20, 2023 associated with this application, there were no written submissions and no oral presentation received regarding this matter; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on a property located in Concession 3 Lot 23, known municipally as a 56858 Tunnel Line, from Agricultural (A1) to Special Agricultural (A2) on the retained lands, and from Agricultural (A1) Zone to a Rural Residential (RR) Zone on the severed lands to permit the severance of a surplus farm dwelling in accordance with Official Plan policies; AND THAT Zoning By-law No. Z759-2023 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z759-2023 B & M CREVITS BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A” Map No. 12 by changing the zoning symbol on a portion of the lands from Agricultural (A1) to Rural Residential (RR) zone, which lands are outlined in heavy solid lines and marked RR on Schedule “A” Map No. 12 to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A” Map No. 12 by changing the zoning symbol on a portion of the lands from Agricultural (A1) to Special Agricultural (A2) zone, which lands are outlined in heavy solid lines and marked A2 on Schedule “A” Map No. 12 to this By-law, which schedule is attached to and forms part of this By-law. 3) 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 Land Tribunal. READ A FIRST TIME AND SECOND TIME THIS 17TH DAY OF AUGUST 2023. READ A THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF AUGUST 2023. MAYOR CLERK Z759-2023 REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: August 17, 2023 REPORT: DS-49/23 FILE NO. C-07 / D09.23PETT Roll # 3401-000-002-05500 SUBJECT: Consent Application E53-23 Pettigrew, R and D 6423 Plank Road, Vienna BACKGROUND A consent application E53-23 was received from the Elgin County Land Division Committee submitted by Randall and Deborah Pettigrew proposing to sever their dwelling on land located at 6423 Plank Road, west side, south of Old Mill Line in the village of Vienna. The applicant is requesting consent to sever approximate land area of 2,800 m2 (0.7 acres) and to retain 53,700 m2 (13.3 acres) of land with the intent to create one residential dwelling lot and to retain vacant land for future development. The subject land is designated “Residential” and portions of “Hazard Lands” on Schedule ‘C’ of the Official Plan and are zoned Holding - Village Residential 1 (R1(h2)) on Schedule ‘H’ Vienna of Zoning By-law No. Z456-2003. Elgin County Land Division Committee will consider the application on August 23, 2023. DISCUSSION The planner’s memorandum attached dated, July 25, 2023, analyzes the application subject to the Municipality of Bayham Official Plan and Zoning By-law. Provided the severed lot connects to the municipal water and sewer services, the proposed consent to create the dwelling lot is in conformity with the Official Plan Section 4.5.2 Residential uses in a Village. Regarding the requirement to connect, Mr. Pettigrew provided correspondence with the application requesting Council waive the requirement to connect based on an agreement with the Municipality executed in December 2000 by way of By-law No. 2000-106. The Agreement identifies that KC Emerson Enterprises and Pettigrew, being parties to the Agreement, shall pay $46,500 dollars to Staff Report DS-49/23 Pettigrew 2 have the gravity fed sanitary line extended north along the frontage of their respective properties. The Agreement, however, does not speak to an exemption to connect. Since the Agreement was executed in December 2000, the Vienna settlement boundary has been extended to a point slightly north of Light Line. The properties in question are now within the designated boundary of Vienna and subject to the policies requiring that any new development be required to connect to the full services available to Vienna properties. Rezoning to remove the Holding provision (h2) is required. The purpose of the ‘h2’ symbol is to ensure orderly development by way of a subdivision agreement to address both financial and servicing impacts of new development prior to the h2 removal and is intended for infill subdivision development primarily. A subdivision agreement is not necessary for the one lot, however, the services would have to be installed in order to remove the Holding ‘h2’ provision. Our standard conditions would include: rezoning to remove the Holding symbol on the severed land; engineered storm water management with drainage/grading plans for the severed lot; civic numbering signage for the retained land; survey; cash in lieu payment for the creation of a lot; and, the planning report fee. To be determined, the subject land may be within a drain watershed requiring a reassessment of the maintenance schedule to add the new lot. Staff and municipal planner recommend the support of the consent application for the creation of one residential dwelling lot fronting on Plank Road in the village of Vienna with the recommended conditions. STRATEGIC PLAN Not Applicable. ATTACHMENTS 1. Consent Application E53-23 2. Aerial Map – 6423 Plank Road 3. Arcadis Memorandum dated July 25, 2023 RECOMMENDATION THAT Report DS-49/23 regarding the Consent Application E53-23 Pettigrew be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E53-23 be granted subject to the following conditions and considerations: 1. Connection of the existing dwelling to the municipal water service 2. Connection of the existing dwelling to the municipal sanitary service 3. Owner obtain zoning approval to remove the Holding ‘h2’ Symbol for the severed land 4. Owner remove any and all structures from the retained lands to the satisfaction of the Municipality 5. Engineered storm water management, drainage/grading plan for the severed parcel to show that the neighbouring lands will not be negatively impacted by surface runoff to the satisfaction of the Municipality 6. That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for a municipal drain in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid Staff Report DS-49/23 Pettigrew 3 in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. 7. Payment of Cash in Lieu of Parkland Dedication fee as required in Municipal By-law No. 2020-053 8. Provide a digital copy of the registered plan of survey of the subject land and includes in the drawing package the requirements from the Planning Act Section 51(17) 9. Payment of the Planning Report fee to the Municipality 10. Purchase of a civic number sign for the severed lot from the Municipality Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator|Deputy Clerk Chief Administrative Officer © Latitude Geographics Group Ltd. 0.4 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Kilometers0.4 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.220 1:8,815 6423 Plank Road - Pettigrew Elgin County Parcels E911 Boundary Elgin Road Network Elgin Road Network Elgin Road Network Lagoons World Imagery 203-350 Oxford Street West London, ON, N6H 1T3 902-442-9844 ext. 63008 Memorandum To/Attention Municipality of Bayham Date July 25, 2023 From Paul Riley, CPT Project No 3404-912 cc William Pol, MCIP, RPP Subject Randall and Deborah Pettigrew - 6423 Plank Road, Vienna - Application for Consent E53/23 1. We have completed our review of Consent Application E53/23 submitted by Randall and Deborah Pettigrew for lands located at 6423 Plank Road, west side, south of Old Mill Line in the village of Vienna. The applicant is requesting Consent to sever approximate land area of 2,800 m2 (0.7 acres) and to retain 53,700 m2 (13.3 acres) of land with the intent to create one residential dwelling lot and to retain vacant lands for future development. The subject lands are designated ‘Residential’ and portions of ‘Hazard Lands’ on Schedule ‘C’ of the Municipality of Bayham Official Plan and are zoned Holding - Village Residential 1 (R1(h2)) on Schedule ‘H’ of Zoning By-law Z456-2003. 2. The proposed severed lands comprise a dwelling and a shed and would have lot frontage of 36.8 m (120.7 ft) and lot depth of 72 m (236.2 ft). The proposed retained lands comprise 4 greenhouses/sheds to be removed and a portion of the lands are farmed; and would have lot frontage of 20.16 m (66.14 ft) on Plank Road and 138.2 m (453.4 ft) on Old Mill Line and irregular lot depth. Surrounding uses include residential in all directions in the form of single-detached dwellings. 3. The Municipality of Bayham Official Plan (Bayham OP) Section 4.2 general residential policies in settlement areas, indicates that residential development in settlement areas is permitted on the basis of infilling in areas directly adjacent to existing built-up areas, through subdivisions and consents depending on the number of lots proposed. The Municipality encourages intensification and redevelopment within settlement area boundaries on vacant or underutilized sites in order to efficiently utilize designated settlement area land. The proposed consent is in conformity to these Official Plan policies. 4. Bayham OP Section 4.2.4 Intensification and Redevelopment indicates that the proposed consent would be permitted on the basis of water and wastewater servicing in the specific settlement area; in the form of street infilling or infill subdivisions; maintaining the minimum lot areas of the Zoning By-law to provide for adequate private water and sewer. The proposed lot shall be connected to ARCADIS GROUP MEMORANDUM Municipality of Bayham – July 25, 2023 2 municipal water and sewer services which are available in the area and the retained lands would be available for future infill subdivision. The proposed severed lot is oversized in nature being more than double the minimum lot area in the R1 zone, however, the applicants have indicated that they have continued to use the proposed lot area for personal use for approximately 38 years in the form of shade trees, an annual BBQ event, and for active recreation uses and vehicle parking. Based on the existing use of the lands with respect to the existing residential use an oversized lot configuration is acceptable. The proposed consent is in conformity to the Bayham Official Plan. 5. Bayham OP Section 4.5.2 Residential uses in a Village indicates that the primary use of such lands should be for single-detached dwellings or other low-density residential use and shall be serviced with municipal water and sewer services. The proposed consent is in conformity to these policies subject to connection to municipal water and sewer services. 6. Bayham OP Section 4.5.2.8 provides criteria for proposals for consent for residential purposes in a Residential designation in a Village, including: a) Lot Frontage, depth and size: the proposed lot is oversized in nature, as discussed above, and would have adequate frontage; and the retained lands include an adequate width to provide for future roadway connection to Plank Road for an infill subdivision, with secondary access available on Old Mill Line. b) Natural Features: The proposed severed lands comprise a functioning residential lot with existing residential use and some shade trees that are proposed to be retained and function to delineate the proposed severed lands. The future development of the retained lands would need to consider retention of valuable natural features in its design. c) Design: innovative housing design and site layout are encouraged, however, the severed lands dwelling and open space are existing. d) Open Space: Parkland dedication will be required as a condition of consent. e) Adjacent and surrounding land use: the proposed consent is compatible with surrounding land uses. f) Facilities and Services: Existing or proposed municipal services (including potable water supply, sanitary sewage treatment and disposal, solid waste disposal, storm and surface drainage, roads, sidewalks, and street lighting) shall be adequate to serve the proposed development. If these services or facilities are deemed inadequate, the Municipality may require that an agreement be entered into with the developer as to the design and cost apportionment of any public works required to bring these services or facilities up to the appropriate standard. There are existing municipal water and sewer services available to service the severed lands, therefore, such ARCADIS GROUP MEMORANDUM Municipality of Bayham – July 25, 2023 3 connection shall be constructed and connected to the existing dwelling and providing for such service connections should be agreed upon through a development agreement between the owner and the municipality. g) Stormwater Management: Adequate provision for stormwater management/drainage and surface runoff shall be provided, in the form of grading plans and any changes needed to municipal drains is the responsibility of the applicant/owner. h) Vehicular Access: Plank Road is an existing Elgin County Road and there is an existing driveway, which is adequate. Based on a desktop review of aerial photography/Streetview, Plank Road is straight and does not have any significant slope at the frontage for the retained lands that would eventually be a roadway access for future infill subdivision. i) The Planning Act: a future residential subdivision for the retained lands would need to be consistent to Planning Act Section 50 and 51. The proposed consent is in conformity to the Official Plan subsequent to the clearing of Conditions. 7. The subject lands are zoned Holding - Village Residential 1 (R1(h2) which permits single-detached dwelling residential use. The proposed lot has adequate yard setbacks and frontage and exceeds the minimum lot area. According to Zoning By- law Section 3.3 b), the purpose of the holding zone ‘h2’ symbol is to ensure orderly development by way of subdivision agreement with the Municipality which addresses financial and servicing impacts of new development prior to the removal of the holding symbol and is intended to be applicable to infill subdivision development primarily. The applicant shall connect the dwelling to municipal water and sewer services which can be accomplished by development agreement with the municipality and the applicant shall obtain Zoning By-law Amendment ‘Removal of a holding symbol’ approval for the severed lands as a condition of consent. 8. Based on the above review of Consent Application E53/23, we have no objection to the proposed consent with the following recommended conditions for Consent: a) That the owner provide storm water management, drainage and grading plans for the severed lot to the satisfaction of the Municipality. b) That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. c) That the owner pay fees as required in Municipal By-law No. 2020 – 053 Cash- in-lieu of Parkland. ARCADIS GROUP MEMORANDUM Municipality of Bayham – July 25, 2023 4 d) That the owner provides a survey of the subject lands and includes in the drawing package the requirements from the Planning Act Section 51(17). e) That the owner provides a Planning Report Fee payable to the Municipality of Bayham. f) That the owner obtain Removal of a Holding Symbol approval for the severed lands; g) That the owner connects the dwelling to the municipal water service; h) That the owner connects the dwelling to the municipal sewer service; Paul Riley Arcadis Paul Riley Consulting Planner to the Municipality of Bayham REPORT DEVELOPMENT SERVICES TO: Mayor and Council Members FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: August 17, 2023 REPORT: DS-50/23 FILE NO. C-07 / D12.REDS Roll # 34-01-000-003-12300 SUBJECT: Development Agreement – 7363 Coyle Road Re Minor Variance A-06/23 Redsell, M & Astbury, D BACKGROUND On July 6, 2023, the Committee of Adjustment granted minor variance application A-06/23 from Matthew Redsell and Dorothee Astbury for a variance to permit the placement of two (2) supplementary farm dwellings to accommodate maximum four (4) year-round farm workers at their property known as 7363 Coyle Road. The minor variance was granted with a condition that a Development Agreement to be executed within six (6) months of the minor variance approval. DISCUSSION The Agreement includes the following requirements: the time period for occupation as being year-round use, the time period for removal, building and site maintenance, potable drinking water supply, septic services, building permits, and inspection requirements. The attached Agreement is presented for Council’s consideration. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Draft By-law No. 2023- 060 2. Draft Development Agreement Redsell/Astbury RECOMMENDATION THAT Report DS-50/23 regarding the Redsell/Astbury Development Agreement be received; AND THAT Council authorize the execution of a Development Agreement between the Municipality and Matthew Redsell and Dorothee Astbury to permit the placement of two (2) supplementary farm dwellings at 7363 Coyle Road; Staff Report DS-16/23 Froese Page 2 AND THAT By-law No. 2023-060 be presented for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-DRAFT A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN MATTHEW REDSELL AND DOROTHEE ASTBURY AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS Section 45 (9.1) of the Planning Act, R.S.O. 1990 c P.3 as amended provides in part that a Committee of Adjustment that imposes terms and conditions under subsection (9), may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions; A0D WHEREAS Matthew Redsell and Dorothee Astbury are the owners of lands in Concession South Gore South Part Lot 25, known municipally as 7363 Coyle Road, in the Municipality of Bayham, County of Elgin; AND WHEREAS the Municipality of Bayham Committee of Adjustment has granted Minor Variance Application A-06/23, including the requirement that the owners execute a development agreement for the placement of two (2) supplementary farm dwellings as per policies of Section 2.1.10 of the Official Plan and Section 45 of the Planning Act; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Development Agreement with Matthew Redsell and Dorothee Astbury fixed hereto and forming part of this By-law and marked as Schedule “A”. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17th DAY OF AUGUST 2023. MAYOR CLERK Website: www.amherstburg.ca 271 SANDWICH ST. SOUTH, AMHERSTBURG, ONTARIO N9V 2A5 Phone: (519) 736-0012 Fax: (519) 736-5403 TTY: (519)736-9860 July 7, 2023 Honourable Doug Ford Premier of Ontario Legislative Building, Queen’s Park Toronto ON, M7A 1A1 premier@ontario.ca BY EMAIL Re: Support Letter: Local Emergency Response System and Gaps in Healthcare regarding Code Red and Code Black Frequency Dear Honourable Doug Ford, At its meeting held on June 26, 2023, Council in the Town of Amherstburg passed the following: Resolution # 20230626-015 That Administration BE DIRECTED to send a letter of support re: Town of Essex - Local Emergency Response System and Gaps in Healthcare regarding Code Red and Code Black Frequency. Enclosed is a copy of the correspondence from the Town of Essex for convenience and reference purposes. Regards, Sarah Sabihuddin Deputy Clerk, Town of Amherstburg (519) 736-0012 ext. 2216 ssabihuddin@amherstburg.ca encl. Website: www.amherstburg.ca 271 SANDWICH ST. SOUTH, AMHERSTBURG, ONTARIO N9V 2A5 Phone: (519) 736-0012 Fax: (519) 736-5403 TTY: (519)736-9860 cc: Mary Birch, County of Essex mbirch@countyofessex.ca Anthony Leardi, MPP anthony.leardi@pc.ola.org Lisa Gretzky, MPP lgretzky-co@ndp.on.ca Chris Lewis – MP, Essex, Ontario Chris.Lewis@parl.gc.ca Andrew Dowie, MPP andrew.dowie@pc.ola.org Marit Stiles, MPP Mstiles-op@ndp.on.ca Chris Lewis, MP chris.lewis@parl.gc.ca Association of Municipalities of Ontario (AMO) amo@amo.on.ca All other municipalities in Ontario CORPORATION OF THE TOWN OF ESSEX 33 Talbot Street South, Essex, Ontario, N8M 1A8 p: 519.776.7336 f: 519.776.8811 | essex.ca Honourable Doug Ford Premier of Ontario Legislative Building, Queen’s Park Toronto ON, M7A 1A1 premier@ontario.ca June 19, 2023 BY EMAIL RE: Local Emergency Response System and Gaps in Healthcare regarding Code Red and Code Black Frequency Dear Honourable Doug Ford, Further to Town of Essex resolution number R23-05-203 passed on May 15, 2023, we enclose a letter from Town of Essex Mayor Sherry Bondy for your review and consideration. Yours truly, Joseph Malandruccolo Director, Legal and Legislative Services/Clerk jmalandruccolo@essex.ca encl. c.c. Mary Birch, County of Essex mbirch@countyofessex.ca Anthony Leardi, MPP anthony.leardi@pc.ola.org Lisa Gretzky, MPP lgretzky-co@ndp.on.ca CORPORATION OF THE TOWN OF ESSEX 33 Talbot Street South, Essex, Ontario, N8M 1A8 p: 519.776.7336 f: 519.776.8811 | essex.ca 2 Andrew Dowie, MPP andrew.dowie@pc.ola.org Marit Stiles, MPP Mstiles-op@ndp.on.ca Chris Lewis, MP chris.lewis@parl.gc.ca All other municipalities in Ontario CORPORATION OF THE TOWN OF ESSEX 33 Talbot Street South, Essex, Ontario, N8M 1A8 p: 519.776.7336 f: 519.776.8811 | essex.ca Dear Honourable Doug Ford, The Town of Essex Council hereby appeals to the province of Ontario to acknowledge the challenges faced by our local emergency response system and take decisive action to resolve the gaps in our healthcare. While we recognize that our situation is not unique, we believe that it is essential to draw attention to our persistent Code Red and Code Black conditions, which are primarily caused by an insufficient number of hospitals beds, medical personnel, and resources. Windsor and Essex County residents ought to have confidence that when they dial 911 it will elicit a prompt ambulance response for emergency situations. Local healthcare providers are engaging various initiatives such as a paramedic offload program, offload to the waiting room for assessment and triage of less severe medical matters, diversion to another hospital for low acuity cases, and the Essex-Windsor EMS paramedic patient navigator to monitor and manage dispatch. Nevertheless, these initiatives alone have been unable to curb the escalation of Code Red and Code Black frequency, signifying few or no ambulances available for emergencies. In the year 2021, Windsor-Essex experienced a cumulative of 3253 minutes in Code Red and 791 minutes in Code Black. In 2022, the period subjected to Code Red increased significantly to 8086 minutes, whereas Code Black saw 2257 minutes. In March 2023, just three months into the year, the community has clocked 864 Code Red minutes already plus another 2257 Code Black minutes. We implore the authorities to apply an immediate and comprehensive review of our hospital offload delays and staffing crisis in our front line. Ambulance offload processes and hospital volumes are merely two contributing factors, if nothing tangible is done, local families risk experiencing catastrophic consequences. Our former Warden, McNamara, declared an emergency on ambulance unavailability in October 2022 linked to hospital admission delays; to date, this emergency situation still holds with no decrease in Code Reds and Code Blacks. We require a holistic solution to address our hospital deficiencies and healthcare shortcomings on an underlying basis. In addition, the Town of Essex Council request that the province of Ontario conduct a review of projected population growth and aging in Windsor – Essex and increase health care capacity to match our present and future needs. CORPORATION OF THE TOWN OF ESSEX 33 Talbot Street South, Essex, Ontario, N8M 1A8 p: 519.776.7336 f: 519.776.8811 | essex.ca 2 Therefore, the Town of Essex Council requests that the province of Ontario recognize the dangerous strain facing our local emergency response infrastructure and urgently work to address these gaps in our healthcare system. Sincerely, Sherry Bondy Mayor Town of Essex VIA: Mail The Honourable Doug Ford Premier of Ontario Legislative Building Queen's Park Toronto, ON M7A 1A1 Dear Premier Ford: OFFICE OF THE MAYOR CITY OF HAMILTON August 1, 2023 City Council, at its meeting held on July 14, 2023, approved Item 13 of Planning Committee Report 23-011 which reads as follows: 13. Provincial Amendments to the Greenbelt Plan (Greenbelt Plan AmendmentNo. 3) (PED23046(a)) (City Wide) (Item 11.4) (a)That Planning and Economic Development Department staff, in conjunction with Legal Services staff, be directed to provide input to the Provincial Land and Development Facilitator under protest with respect toany private development proposals and associated community benefits within the lands removed by the Province from the Greenbelt Plan Area; (b)That the Eleven Directions to Guide Development attached as Appendix"D", as amended, to Report PED23046(a), which were previously approved by Council as part of the City's Municipal Comprehensive Review process, be utilized as the framework for the City's input to the Provincial Land and Development Facilitator with respect to any private development proposals within the lands removed by the Province from theGreenbelt Plan Areas; Direction #11 The City of Hamilton considers agricultural use to be of prime consideration, along with the protection of wetlands and natural heritage features. (c)That Planning and Economic Development Department staff be directed to schedule a public meeting of the Planning Committee for the purpose of71 MAIN STREET WEST, 2ND FLOOR, HAMILTON, ONTARIO L8P 4Y5 PHONE 905.546.4200 FAX: 905.546.2340 June 26, 2023 The Honourable Doug Ford Premier of Ontario Legislative Building, Queen’s Park Toronto, ON M7A 1A1 Via Email: premier@ontario.ca RE: Reducing Municipal Insurance Costs Pleased be advised that the Council of the Municipality of North Perth passed the following resolution at their regular meeting held June 19, 2023 in support of the resolutions from Northumberland County and the Municipality of Mississippi Mills regarding reducing municipal insurance costs: Moved by Councillor Rothwell Seconded by Councillor Johnston THAT: The Council of the Municipality of North Perth supports the resolutions from Northumberland County and the Municipality of Mississippi Mills regarding Reducing Municipal Insurance Costs; AND THAT: Staff be directed to send a copy of this resolution to the Honourable Doug Ford – Premier of Ontario, the Honourable Peter Bethlenfalvy – Minister of Finance, the Honourable Steve Clark – Minister of Municipal Affairs and Housing, Matthew Rae – Perth-Wellington MPP, the Association of Ontario Municipalities (AMO), and to all Ontario Municipalities. CARRIED Attached please find a copy of the resolutions from Northumberland County and the Municipality of Mississippi Mills. If you have any questions regarding the above resolution, please do not hesitate to contact me at lcline@northperth.ca. Sincerely, Lindsay Cline, Clerk/Legislative Services Supervisor Municipality of North Perth cc. Hon. Peter Bethlenfalvy, Minister of Finance Hon. Steve Clark, Minister of Municipal Affairs and Housing Perth-Wellington MPP Matthew Rea Association of Municipalities of Ontario (AMO) All Ontario Municipalities               The Corporation of the Municipality of Mississippi Mills     Council Meeting Resolution Number 161-23 Title:Item C - Town of Plympton-Wyoming Resolution re: Reducing Municipal InsuranceCosts Date:Tuesday, May 9, 2023 Moved by Councillor Holmes Seconded by Councillor Souter THAT Council supports the Town of Plympton-Wyoming’s resolution re: Reducing Municipal Insurance Costs. CARRIED I, Casey Munro, Deputy Clerk for the Corporation of the Municipality of Mississippi Mills, do hereby certify that the above is a true copy of a resolution enacted by Council. ______________________________________ Casey Munro, Deputy Clerk Legislative Services July 26, 2023 Sent via email: premier@ontario.ca The Honourable Doug Ford Premier of Ontario Legislative Building, Queen's Park Toronto, ON M7A 1A1 Honourable and Dear Sir: Re: Controls on Airbub, VRBO and Others Which Affect Municipal Rentals Please be advised the Municipal Council of the Town of Fort Erie at its meeting of July 24, 2023 passed the following resolution: Whereas global technology platforms such as Airbnb or VRBO were created to improve global access to rental opportunities, particularly those available for vacation or shorter-term business purposes, and Whereas the impact of these “disruptive technologies” on rental markets has raised the following concerns in the past decade: • Concentration of ownership and proliferation of landlord corporations with minimal interest in or accountability to local communities • Removal of housing stock from long-term rental markets with resulting increases in rents • Lack of control over occupancy (e.g. families vs large groups of partygoers) • Incidence of nuisance infractions (noise, garbage, parking), and Whereas any reduction in the availability of long-term housing stock runs counter to the Province of Ontario’s goal of 1.5 million additional homes in the next 10 years, and Whereas growth in short-term rental markets may also have a negative impact on housing affordability for the seasonal workers who service tourist destinations or farming communities, and …/2 Mailing Address: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive, Fort Erie ON L2A 2S6 Office Hours 8:30 a.m. to 5:00 p.m. Phone: (905) 871-1600 FAX: (905) 871-4022 Web-site: www.forterie.ca The Honourable Doug Ford Page two Whereas implementing local/municipal restrictions through municipal law enforcement tools (licensing) and municipal planning tools (zoning by-law restrictions) may push demand to other communities, and Whereas some platforms (e.g. Airbnb) are already working toward providing notice to owners about municipal regulations and licensing through a license number field, and Whereas some jurisdictions (e.g. Quebec, Scotland) have acknowledged the limitations of local authorities/municipalities in controlling the impact of global technologies and have developed comprehensive regulatory frameworks, and Whereas a comprehensive, consistent regulatory approach is likely to prove more effective in Ontario, Now, therefore, be it resolved, That: Council requests the Government of Ontario to establish a regulatory framework requiring digital platforms such as Airbnb and VRBO to: 1. Require owners using the digital platforms to comply with municipal planning and licensing regulations, and 2. Prevent advertising of properties that are not registered with the relevant municipality, and 3. Provide a contact with the platform to ensure ongoing and effective communications for provincial and municipal officials and further That: The Province of Ontario work with municipalities to address situations in which long-term housing stock has been lost to corporate ownership of short-term rental properties and further That: A copy of the resolution be forwarded to the Premier of Ontario (Hon. Doug Ford), the Minister of Municipal Affairs and Housing (Hon. Steve Clarke), local MPPs, the Association of Municipalities of Ontario (AMO) and all municipalities in Ontario. Thank you for your attention to this matter. Kind regards, Ashlea Carter, AMP Deputy Clerk acarter@forterie.ca AC:dlk Attach. c.c. The Honourable Steve Clark, Minister of Municipal Affairs and Housing minister.mah@ontario.ca Jennifer Stevens, MPP - St. Catharines JStevens-CO@ndp.on.ca Jeff Burch, MPP - Niagara Centre JBurch-QP@ndp.on.ca Wayne Gates, MPP - Niagara Falls wgates-co@ndp.on.ca Sam Oosterhoff, MPP - Niagara West-Glanbrook sam.oosterhoff@pc.ola.org The Association of Municipalities of Ontario amo@amo.on.ca All Ontario Municipalities July 25, 2023 Chloe Senior, Clerk Oxford County 21 Reeve St P.O. Box 1614 Woodstock, On N4S 7Y3 Via e-mail – csenior@oxfordcounty.ca Re: County of Oxford Resolutions - Homelessness Crisis and Opioid Crisis At the Woodstock City Council meeting held on July 13, 2023, the following resolution was passed in response to your correspondence: “Whereas the homelessness crisis is taking a devastating toll on families and communities, undermining a healthy and prosperous Ontario and that Council accepts that the responsibility to address these challenges rests with community stakeholders, partners and residents as well as federal and provincial governments and agencies; Whereas the City of Woodstock recognizes the challenges of mental health, addictions, specifically opioids, and homelessness are complex issues that have a significant and detrimental impact on the residents of the City of Woodstock and surrounding areas within Ontario; Whereas addressing and responding to these issues has placed extreme stress on all levels of municipal and non-municipal programs and services, including various not-for-profit organizations and provincially funded health services with the City of Woodstock and surrounding areas; Now, therefore be it resolved that the City of Woodstock call on the federal and provincial governments to act on the following seven measures: 1. Acknowledge that homelessness in Ontario is a social, economic, and health crisis; 2. Commit to ending homelessness in Ontario; Office of the City Clerk Woodstock City Hall P.O. Box1539 500 Dundas Street Woodstock, ON N4S 0A7 Telephone (519) 539-1291 3. Work with the Association of Municipalities of Ontario (AMO) and a broad range of community, health, Indigenous, and economic partners to develop, resource, and implement an action plan to achieve this goal; 4. Creation of a multi-sectoral task force to guide development of a robust provincial opioid response plan that will ensure necessary resourcing, policy change, and health and social system coordination; 5. Expanding access to opioid agonist theory for opioid use disorder through a range of settings (e.g. mobile outreach, primary care, emergency departments, Rapid Access to Addiction Medicine Clinics), and a variety of medication options; 6. Providing a long-term financial commitment to create more affordable and supportive housing for people in need, including people with substance use disorders; and 7. Increasing investments in evidence informed substance use prevention and mental health promotion initiatives that provide foundational support for the health, safety and well-being of individuals, families, and neighborhoods, beginning from early childhood; And further, that a copy of this motion be sent to the Premier of Ontario; the Minister of Municipal Affairs and Housing; the Minister of Children, Community and Social Services; the Minister of Health; the Minister of the Solicitor General; the Minister of Finance; the Chief Medical Officer of Health; Oxford MPP Ernie Hardeman; Oxford MP Arpan Khanna; the Association of Municipalities of Ontario; and all Ontario municipalities.” Yours Truly, Amelia Humphries Deputy Chief Administrative Officer/City Clerk Cc: (via email) The Honourable Doug Ford, Premier of Ontario - premier@ontario.ca The Honourable Steve Clark, Minister of Municipal Affairs and Housing of Ontario - minister.mah@ontario.ca The Honourable Michael Parsa, Minister of MCCSS - MinisterMCCSS@ontario.ca The Honourable Christine Elliott, Minister of Health - christine.elliott@ontario.ca The Honourable Michael Kerzner, Minister of the Solicitor General - michael.kerzner@ontario.ca The Honourable Peter Bethlenfalvy, Minister of Finance - peter.bethlenfalvy@pc.ola.org Dr. Kieran Moore, Chief Medical Officer - infoline.moh@ontario.ca The Honourable Ernie Hardeman, Oxford MPP - ernie.hardemanco@pc.ola.org The Honourable Arpan Khanna, Oxford MP - arpan.khanna@parl.gc.ca Association of Municipalities Ontario – amo@amo.on.ca July 25, 2023 The Honourable Doug Ford Premier of Ontario Legislative Building Queen's Park Toronto ON M7A 1A1 Via e-mail – premier@ontario.ca Re: Safe and respectful workplace At the Woodstock City Council meeting of July 13, 2023, the following resolution was passed: “Whereas, all Ontarians deserve and expect a safe and respectful workplace; Whereas, municipal governments, as the democratic institutions most directly engaged with Ontarians need respectful discourse; Whereas, several incidents in recent years of disrespectful behaviour and workplace harassment have occurred amongst members of municipal councils; Whereas, these incidents seriously and negatively affect the people involved and lower public perceptions of local governments; Whereas, municipal Codes of Conduct are helpful tools to set expectations of council member behaviour; Whereas, municipal governments do not have the necessary tools to adequately enforce compliance with municipal Codes of Conduct; Now, therefore be it resolved that the City of Woodstock supports the call of the Association of Municipalities of Ontario for the Government of Ontario to introduce legislation to strengthen municipal Codes of Conduct and compliance with them in consultation with municipal governments; Office of the City Clerk Woodstock City Hall P.O. Box1539 500 Dundas Street Woodstock, ON N4S 0A7 Telephone (519) 539-1291 And further be it resolved that the legislation encompass the Association of Municipalities of Ontario’s recommendations for: • Updating municipal Codes of Conduct to account for workplace safety and harassment • Creating a flexible administrative penalty regime, adapted to the local economic and financial circumstances of municipalities across Ontario • Increasing training of municipal Integrity Commissioners to enhance consistency of investigations and recommendations across the province • Allowing municipalities to apply to a member of the judiciary to remove a sitting member if recommended through the report of a municipal Integrity Commissioner • Prohibit a member so removed from sitting for election in the term of removal and the subsequent term of office. And further that this resolution be circulated to the Honourable Doug Ford, Premier of Ontario; the Honourable Steve Clark, Ministry of Municipal Affairs and Housing; the Honourable Ernie Hardeman, Oxford MPP; Charmaine Williams, Associate Minister of Women's Social and Economic Opportunity; the Association of Municipalities of Ontario; and all Ontario Municipalities.” Yours Truly, Amelia Humphries Deputy Chief Administrative Officer/City Clerk Cc: (via email) The Honourable Steve Clark, Minister of Municipal Affairs and Housing of Ontario - minister.mah@ontario.ca The Honourable Peter Bethlenfalvy, Minister of Finance of Ontario – peter.bethlenfalvy@pc.ola.org The Honourable Ernie Hardeman, Oxford MPP - ernie.hardemanco@pc.ola.org The Honourable Charmaine Williams, Minister of Women’s social and Economic Opportunity - Charmaine.williams@PC.ola.org Association of Municipalities Ontario – amo@amo.on.ca The Corporation of the County of Northumberland 555 Courthouse Road Cobourg, ON, K9A 5J6 Northumberland County Council Resolution Northumberland County Council Resolution SENT VIA EMAIL July 25, 2023 Hon. Doug Ford, Premier of Ontario Hon. Steve Clark, Minister of Municipal Affairs and Housing Hon. Charmaine Williams, Associate Minister of Women’s Social and Economic Opportunity Hon. David Piccini, Minister of Environment, Conservation and Parks & MPP for Northumberland - Peterborough South Association of Municipalities of Ontario All Ontario Municipalities Re: Northumberland County Resolution – ‘Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement’ At a meeting held on July 19, 2023 Northumberland County Council approved the following Council Resolution # 2023-07-19-482 adopting the below recommendation from the July 4, 2023 Corporate Support Committee meeting. Moved by: Councillor Scott Jibb Seconded by: Councillor Lucas Cleveland "That the Corporate Support Committee, having considered correspondence from the City of Quinte West and Township of Bonfield regarding 'Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement' recommend that County Council support this correspondence; and Further That the Committee recommend that County Council direct staff to send a copy of this resolution to the Honourable Doug Ford (Premier of Ontario), the Honourable Steve Clark (Minister of Municipal Affairs and Housing), the Honourable Charmaine Williams (Associate Minister of Women's Social and Economic Opportunity), the Honourable David Piccini (Minister of the Environment, Conservation and Parks and MPP for Northumberland - Peterborough South), the Association of Municipalities of Ontario (AMO) and to all municipalities in Ontario." Council Resolution # 2023-07-19-482 Carried The Corporation of the County of Northumberland 555 Courthouse Road Cobourg, ON, K9A 5J6 If you have any questions regarding this matter, please do not hesitate to contact the undersigned at matherm@northumberland.ca or by telephone at 905-372-3329 ext. 2238. Sincerely, Maddison Mather Manager of Legislative Services / Clerk Northumberland County OBCM Ontario’s Big City Mayors OBCM Motion on Legislative Amendments toImprove Municipal Codes of Conduct and Enforcement WHEREAS, all Ontarians deserve and expect a safe and respectful workplace; AND WHEREAS, municipal governments, as the democratic institutions most directly engagedwith Ontarians need respectful discourse; AND WHEREAS, several incidents in recent years of disrespectful behaviour and workplace harassment have occurred amongst members of municipal councils; AND WHEREAS, these incidents seriously and negatively affect the people involved and lowerpublic perceptions of local governments; AND WHEREAS, municipal Codes of Conduct are helpful tools to set expectations of councilmember behaviour; AND WHEREAS, municipal governments do not have the necessary tools to adequately enforce compliance with municipal Codes of Conduct; AND WHEREAS Ontario’s Big City Mayors (OBCM) support the efforts of MPP Stephen Blaiswho has introduced the Private Members Bill 5, Stopping Harassment and Abuse by LocalLeaders Act, 2022 which has been endorsed by a number of OBCM member councils; AND WHEREAS a fundamental, underlying principle of broadening diversity, equity and inclusion in politics rests on the assumption that the workplace is safe; AND WHEREAS we believe that municipal elected officials should be held to account in this way, we also believe that federal and provincial elected officials should take similar actions to hold themselves to account THEREFORE BE IT RESOLVED THAT: 1. OBCM supports the call of the Association of Municipalities of Ontario for theGovernment of Ontario to introduce legislation to strengthen municipal Codes of Conductand compliance with them in consultation with municipal governments or in thealternative, OBCM supports the province ordering Bill 5 for second reading to expeditethis matter; 2.AND THAT legislation encompass the Association of Municipalities of Ontario’s recommendations for:a. Updating municipal Codes of Conduct to account for workplace safety andharassment b. Creating a flexible administrative penalty regime, adapted to the local economic and financial circumstances of municipalities across Ontarioc. Increasing training of municipal Integrity Commissioners to enhance consistencyof investigations and recommendations across the provinced. Allowing municipalities to apply to a member of the judiciary to remove a sittingmember if recommended through the report of a municipal IntegrityCommissioner e. Prohibit a member so removed from sitting for election in the term of removal andthe subsequent term of office. 3.AND THAT OBCM requests that municipalities and their respective Integrity Commissioners be consulted on the development of any regulations related to the proposed legislation; 4.AND THAT this motion be circulated to the Right Honourable Justin Trudeau, Prime Minister of Canada, the Honourable Doug Ford, Premier of Ontario, the Honourable David Lametti the, Minister of Justice, the Honourable Steve Clark, Minister of Municipal Affairs and Housing, Kate Manson-Smith, Deputy Minister of Municipal Affairs and Housing, Scott Pierce, Federation of Canadian Municipalities Acting President, and Colin Best, President of the Association of Municipalities of Ontario. July 14, 2023 Honourable Doug Ford, Premier of Ontario Via Email Re: Support for School Bus Stop Arm Cameras Please be advised that Council of the Town of Halton Hills at its meeting of Monday, July 10 2023, adopted the following Resolution: WHEREAS in 2017, Council approved a letter of support to Halton Regional Police Services to apply for grant funding to pursue a pilot project to install cameras on school busses to collect data on the location and number of violations occurring; AND WHEREAS on March 25, 2019 Town Council passed a resolution to continue to support the placement of school bus cameras on school buses beginning of the 2019/2020 school year; AND WHEREAS at its meeting on June 19, 2023, Council received a resolution in the General Information package from the Municipality of North Perth requesting Provincial support for School Bus Stop Arm Cameras; NOW THEREFORE BE IT RESOLVED that the Council for the Town of Halton Hills support the Municipality of North Perth and urges the Provincial Government to: • Require all school buses to have stop arm cameras installed and paid for by the Province for the start of the 2023-2024 school year; and • Underwrite the costs for the implementation and on-going annual Administrative Monetary Penalties in small and rural municipalities; AND FURTHER THAT this resolution be circulated to Premier Doug Ford, Attorney General Doug Downey, Minister of Education Stephen Lecce, Provincial opposition parties, Ted Arnott, MPP, Michael Chong MP, AMO, Halton District School Board, Halton Catholic District School Board, Conseil scolaire Viamonde, Conseil scolaire Catholique Mon Avenir, Halton Regional Police and all municipalities in Ontario. Attached for your information is a copy of Resolution No. 2023-0143. If you have any questions, please contact Valerie Petryniak, Town Clerk for the Town of Halton Hills at valeriep@haltonhills.ca. Sincerely, Melissa Lawr Deputy Clerk – Legislation cc. The Honourable Doug Downey, Attorney General The Honourable Stephen Lecce, Minister of Education Provincial opposition parties The Honourable Ted Arnott, MPP Wellington-Halton Hills The Honourable Michael Chong, MP Wellington-Halton Hills Association of Municipalities of Ontario (AMO) Halton District School Board Halton Catholic District School Board Conseil scolaire Viamonde Conseil scolaire Catholique Mon Avenir Halton Regional Police All Ontario Municipalities Township of Puslinch 7404 Wellington Road 34 Puslinch, ON N0B 2J0 www.puslinch.ca August 8, 2023 RE: 9.4.5 County of Wellington Planning Report - Comments on the Government's Proposal to Grow the Greenbelt Please be advised that Township of Puslinch Council, at its meeting held on July 12, 2023 considered the aforementioned topic and subsequent to discussion, the following was resolved: Resolution No. 2021-090: Moved by Councillor Goyda and Seconded by Councillor Bailey That the Consent Agenda item 6.34 listed for JULY 12, 2023 Council meeting be received; and Whereas Council supports the resolution from Municipality of Shuniah regarding Bill 3 - Special Powers and Duties of Heads of Council; and That Council direct staff to support and circulate in accordance with the resolution. Therefore, the Township of Puslinch, passes this resolution to petition the Government of Ontario that: Hon. Ted Arnott, MPP 181 St. Andrew St. East 2nd Floor, Fergus ON N1M 1P9 VIA EMAIL: ted.arnottco@pc.ola.org Hon. Steve Clark 777 Bay St 17th Floor, Toronto ON M5G 2E5 VIA EMAIL: steve.clark@pc.ola.org Hon. Matthew Rae, MPP 55 Lorne Ave. E Stratford, ON N5A 6S4 VIA EMAIL: Matthew.Rae@pc.ola.org 1. These changes to the Municipal Act, 2001, are unnecessary and will negatively impact the Municipality of Puslinch; 2. That if the Ontario Government deems these changes necessary in large single-tier municipalities such as Toronto and Ottawa, that such changes should not be implemented in smaller municipalities; 3. That the Ontario Government should listen to concerns raised by Associations such as AMO and AMCTO; 4. That if the stated goal of this legislation is to construct more housing in Ontario that this can be accomplished through other means including amendment of the Planning Act and funding of more affordable housing. CARRIED As per the above resolution, please accept a copy of this correspondence for your information and consideration. Sincerely, Courtenay Hoytfox Municipal Clerk CC: Association of Municipalities of Ontario (AMO) amo@amo.on.ca All Ontario Municipalities Township of Puslinch 7404 Wellington Road 34 Puslinch, ON N0B 2J0 www.puslinch.ca August 3, 2023 RE: Consent Agenda Item 6.48 Selwyn Township - Short Term Rentals Please be advised that Township of Puslinch Council, at its meeting held on July 12, 2023 considered the aforementioned topic and subsequent to discussion, the following was resolved: Resolution No. 2023-226: Moved by Councillor Sepulis and Seconded by Councillor Bailey That the Consent Agenda item 6.48 listed for JULY, 2023 Council meeting be received; and Whereas the Township of Puslinch is in receipt of Selwyn Township resolution of June 27, 2023; Be it resolved that the Township of Puslinch also supports the resolution and also requests that the Province move forward as soon as possible to legislate that all third party Short Term Rental brokerage companies, for example Airbnb and VRBO, appropriately manage and be responsible for their listings and to compel compliance that the Province establish the requirement for STR companies to require each rental listing to be registered and to pay an appropriate annual fee and that STR company provide this registry along with the collected fees to the municipality in which the STR properties are located which allows the municipality to be aware of all registered STR properties and to have access to funds for municipal expenses to enforce/respond to issues at a STR property; and further Hon. Steve Clark 777 Bay St 17th Floor, Toronto ON M5G 2E5 VIA EMAIL: steve.clark@pc.ola.org Hon. Ted Arnott, MPP 181 St. Andrew St. East 2nd Floor, Fergus ON N1M 1P9 VIA EMAIL: ted.arnottco@pc.ola.org Hon. Matthew Rae, MPP 55 Lorne Ave. E Stratford, ON N5A 6S4 VIA EMAIL: Matthew.Rae@pc.ola.org That the Province require the STR company to de-list/remove the property from the company’s listings so that the property cannot be rented where a municipality has identified and verified life, health and/or nuisance infractions including noise, fire safety, septic, etc.; and That a copy of this resolution be sent to all Ontario municipalities for support as well as to the Minister of Municipal Affairs and Housing Steve Clark, Speaker Ted Arnott, and MPP Matthew Rae. CARRIED As per the above resolution, please accept a copy of this correspondence for your information and consideration. Sincerely, Courtenay Hoytfox Municipal Clerk June 29, 2023 Hon. Doug Ford Via Email: premier@ontario.ca Premier of Ontario Room 4620 99 Wellesley St. W., Toronto, Ontario M7A 1A1 Please be advised that at its meeting held on the 27th day of June 2023, the Council of the Township of Selwyn passed the following resolution: Resolution No. 2023 – 143 – Notice of Motion – Short-Term Rentals Councillor Brian Henry – Councillor John Boyko – Whereas the demand for alternative accommodations has resulted in an increased prominence of residential properties being advertised for short term accommodations through third party companies such as Airbnb and VRBO; a shift from the ‘traditional’ cottage rental historically managed by a property owner; and Whereas over the past decade a flood of properties have been removed from the ownership and long-term rental market (Canada Research Chair in Urban Governance at McGill University) contributing to housing shortages, increased housing demands and increased housing costs resulting in housing affordability issues, including affordable rentals; and Whereas short term rentals (STR) can be beneficial, when operated appropriately, by providing solutions for the accommodation industry that supports local tourism and small businesses as well as providing an opportunity for property owners to generate income from their residence (permanent or seasonal) using a convenient third-party system; and Whereas STR’s can create nuisances including noise, parking, high volumes of visitors attending a property, septic capacity and fire safety, for adjacent residential property owners who wish to experience quiet enjoyment of their property; and Whereas research indicates that demand for STR’s is increasing, in part due to vacationers choosing domestic travel options as well as the financial benefits to property owners, demonstrating that STR’s are here to stay; and Whereas there are no Provincial regulations in place governing third party STR companies resulting in a variety of regulations/guidelines being implemented at the local municipal level which creates inconsistencies, confusion and frustrations for both consumers and residents across the Province; That the Township of Selwyn request that the Province move forward as soon as possible to legislate that all third party Short Term Rental brokerage companies, for example Airbnb and VRBO, appropriately manage and be responsible for their listings and to compel compliance that the Province establish the requirement for STR companies to require each rental listing to be registered and to pay an appropriate annual fee and that STR company provide this registry along with the collected fees to the municipality in which the STR properties are located which allows the municipality to be aware of all registered STR properties and to have access to funds for municipal expenses to enforce/respond to issues at a STR property; and further That the Province require the STR company to de-list/remove the property from the company’s listings so that the property cannot be rented where a municipality has identified and verified life, health and/or nuisance infractions including noise, fire safety, septic, etc… That a copy of this resolution be sent to all Ontario municipalities for support as well as to Minister of Municipal Affairs and Housing Steve Clark, local M.P.P. Dave Smith and M.P. Michelle Ferreri. Carried. If you have any questions, please do not hesitate to contact us. Sincerely, Megin Hunter Megin Hunter Office Assistant/Receptionist mhunter@selwyntownship.ca cc: steve.clark@pc.ola.org michelle.ferreri@parl.gc.ca dave.smithco@pc.ola.org All Ontario Municipalities City Clerk's Office Secretariat Sylwia Przezdziecki Council Secretariat Support City Hall, 12th Floor, West 100 Queen Street West Toronto, Ontario M5H 2N2 John D. Elvidge City Clerk Tel: 416-392-7032 Fax: 416-392-2980 e-mail: Sylwia.Przezdziecki@toronto.ca web: www.toronto.ca In reply please quote: Ref.: 23-PH4.8 (Sent by Email) July 25, 2023 ALL ONTARIO MUNICIPALITIES: Subject: Planning and Housing Committee Item 4.8 City Comments on the Proposed Provincial Planning Statement (Ward All) City Council on June 14 and 15, 2023, considered Item PH4.8, and a copy is attached for your information or appropriate action. for City Clerk S. Przezdziecki/wg Attachment Sent to: Minister of Municipal Affairs and Housing, Province of Ontario Minister of Economic Development, Job Creation and Trade, Province of Ontario Leader, Official Opposition, Province of Ontario Members of Provincial Parliament All Ontario Municipalities Executive Director, Association of Municipalities of Ontario c. City Manager Committee Report Report Item Planning and Housing Committee PH4.8 Adopted Ward: All City Comments on the Proposed Provincial Planning Statement City Council Decision City Council on June 14 and 15, 2023, adopted the following: 1. City Council express its concern to the Minister of Municipal Affairs on the general direction taken in the proposed Provincial Planning Statement as it represents fundamental changes in how growth planning is carried out in the Province and by the City of Toronto. 2. City Council support in principle the provisions in the proposed Provincial Planning Statement that encourage the supply of housing, notwithstanding, that references to "Affordable Housing" and "Housing that is affordable to low-and moderate-income households" have not been carried over. 3. City Council request the Province of Ontario through ERO 019-6813 and outlined in Attachment 1 to the report (May 17, 2023) from the Chief Planner and Executive Director, City planning to: a. maintain all policy references to “residential intensification” and “redevelopment” in the current Provincial Policy Statement to provide clarity that where sufficient land and servicing exists to accommodate forecast population through infill, the need for greenfield development is diminished; b. require that large and fast-growing municipalities accommodate a minimum of 50 percent of all residential development within their existing settlement area and that new settlement areas or settlement area expansion lands are planned for a minimum density target of 50 residents and jobs per gross hectare; c. maintain the density targets of Urban Growth Centres (Growth Plan 2.2.3.2) and policies that directed how Urban Growth Centres will be planned (Growth Plan 2.2.3.1); d. provide flexibility for municipalities to identify additional higher order transit corridors that deviate from the definition of "higher order transit" in the proposed Provincial Planning Statement; e. maintain the Growth Plan policies (2.2.4.8 – 2.2.4.10) that support the development of complete communities with a compact built form and affordable housing within Major Transit Station Areas, on lands adjacent to Major Transit Station Areas, and along transit corridors; f. include reference to affordable housing in Provincial Planning Statement Policy 2.4.2.6 given provincial direction to include affordable housing in Protected Major Transit Station Areas through inclusionary zoning; g. maintain that municipalities may identify a settlement area or allow the expansion of a settlement area boundary only at the time of a 5-year official plan update and only where it has been demonstrated that certain conditions have been met (Provincial Policy Statement 1.1.3.8); h. lead a provincial-municipal process with large and fast-growing municipalities for the periodic preparation of regional population and employment forecasts. Enable municipalities to continue to be able to adopt higher forecasts; i. direct municipalities in the Greater Golden Horseshoe to continue using population and employment forecasts of Schedule 3 of the Growth Plan for managing growth to 2051 and ensuring “at least 25 year” supply of land; j. maintain the current definitions of “affordable” housing and 'low and moderate-income households" or provide explicit direction for municipalities to set their own definition; k. maintain the requirement for municipalities to establish targets for housing affordable to low- and moderate-income households (Provincial Policy Statement 1.4.3(a)) and for affordable ownership and affordable rental housing (Growth Plan 2.2.6.1(a)(ii)); l. maintain Growth Plan policy 2.2.6.3 that provides direction to municipalities to use available tools to require that multi-unit residential developments incorporate a mix of unit types to accommodate a diverse range of households sizes and incomes; m. revise the definition of “housing options” to include consideration for affordable housing, tenure, and unit types to accommodate a range of household sizes; n. amend proposed policy 2.2.1.b.2, related to the conversion of existing commercial and institutional buildings for residential uses, to include a requirement to maintain or replace employment space within the redevelopment or within an off-site location; o. enact a Regulation to permit the use of zoning with conditions, pursuant to Section 113 of the City of Toronto Act, 2006, that would enable a municipality to secure replacement employment space as part of redevelopments proposing to convert existing commercial and institutional space; p. enact a Regulation to permit the use of conditional zoning, pursuant to Section 113 of the City of Toronto Act 2006, that would enable the City to require and secure employment space to be provided prior to, or concurrent with any non-employment uses, including residential; q. revise the Employment Area definition to explicitly include film production, cluster of office uses, stand-alone convenience retail and services to serve businesses and workers within Employment Areas, and enable municipalities to define components of Employment Areas to serve local economies; r. maintain the current timeframe for when a conversion of employment lands can be considered: only when municipalities are undertaking their 5-year Official Plan review, absent the Municipal Comprehensive Review concept; s. strengthen land use policy protections for all Employment Areas across the Province to ensure that these lands support the economy and are viable over the long-term; t. require that municipalities determine that sensitive land uses proposed near manufacturing, warehousing and other major facilities are compatible or can be made compatible prior to permitting a sensitive land use; u. retain the existing Growth Plan policy (2.2.5.8) which requires that the development of sensitive land uses, major retail and major office will avoid, or where avoidance is not possible, minimize and mitigate adverse impacts on industrial, manufacturing or other major facilities; v. maintain the current Provincial Policy Statement and Growth Plan policies that explicitly support energy efficiency, increased vegetation, and improved air quality; w. maintain and expand the geographic scope of the current Provincial Policy Statement and Growth Plan policies related to natural heritage protection, climate action, intensification, and greenhouse-gas reduction; x. expand the geographic scope of the Growth Plan's protections for natural heritage systems (4.2.2), water resource systems and watershed planning (4.2.1), and stormwater management (3.2.7) to the entire Province; y. maintain the Growth Plan's provincially identified Agricultural System; z. maintain Growth Plan policy 4.2.8.1 requiring municipalities to develop and implement official plan policies and other strategies related to conserving mineral aggregate resources; aa. change the definition of "waste management system" to consider the waste hierarchy and is inclusive of and prioritizes resource recovery and environmental outcomes consistent with the Province’s circular economy ambitions; bb. align the Waste Management policies with the language of the Waste Free Ontario Act and Resource Recovery and Circular Economy Act and provide guidance on how municipalities are to interpret the Waste Management policies in the Provincial Planning Statement alongside the Resource Recovery and Circular Economy Act; cc. include policy direction that requires municipalities to coordinate and plan for appropriate and adequate shared waste management infrastructure; dd. include policy direction that ensures the provision of lands for integrated waste management, including recycling and processing facilities, and residual disposal/management; ee. maintain and expand the geographic scope of Growth Plan policy 4.2.1.4 that requires a sub-watershed plan for large-scale development in greenfield areas; ff. maintain policy references to "key hydrologic features, key hydrologic areas and their functions", from the current Provincial Policy Statement (2.2.1(e)) and expand the geographic scope of Growth Plan policy 4.2.1.2; gg. include direction in the proposed Provincial Planning Statement that planning authorities shall protect, improve, or restore the quality and quantity of water; hh. recognize and promote green infrastructure's role in water and stormwater systems; ii. maintain all transportation related policies in the current Provincial Policy Statement and Growth Plan that support reducing vehicle trips; jj. include language regarding planning for a transportation system in way that accounts for factors such as equity, cost, air quality, winter maintenance and resiliency; kk. modify policies concerning the protection of heritage properties to say, “protected heritage property shall be conserved”, recognizing that the definition of “protected heritage property” includes more than lands with built heritage resources or cultural heritage landscapes; ll. maintain the existing Land Needs Assessment methodology as Provincial guidance to the large and fast-growing municipalities for assessing land needs as a complement to the Provincial Projections Methodology Guideline available to other municipalities; mm. include as part of the transition regulation that all planning matters (Official Plan Amendments or Zoning By-law Amendments) that predate the in-effect date of the new Provincial Planning Statement be transitioned under the existing planning framework. These include planning matters that are: (1) deemed complete and in process/under review; (2) city-initiated process underway or nearing completion, or (3) Council-adopted but is under appeal or appeal period nearing; nn. continue to transition Official Plan Amendment 231 as a matter in process that was approved under the Growth Plan, 2006; oo. acknowledge the importance of and requirement for undertaking integrated planning across the Province; pp. provide guidance on expectations with respect to municipal engagement with Indigenous communities on land use planning matters that identify best practices; qq. clarify the scope of a municipality's obligation to identify potential impacts of decisions on the exercise of Aboriginal or treaty rights and how the Province's role in addressing asserted Aboriginal or treaty rights will be integrated in the municipal decision- making process; and rr. add a new policy that enables municipalities to put in place local policies that address the changing nature of office space and needs to reflect the local context. 4. City Council confirm that film production will continue to be considered a form of manufacturing for the purposes of land use planning and interpretation of official plan policies and zoning standards. 5. City Council forward Attachment 2 to the report (May 17, 2023) from the Chief Planner and Executive Director, City Planning from the Film Commissioner and Director, Entertainment Industries related to the impacts the proposed Provincial Planning Statement has on the City’s film production Industry to the Minister of Municipal Affairs and Housing and the Minister of Economic Development, Job Creation and Trade. 6. City Council forward a copy of the report (May 17, 2023) from the Chief Planner and Executive Director, City Planning to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Economic Development, Job Creation and Trade, the Leader of the Official Opposition, all Ontario MPPs, the Association of Municipalities of Ontario, and all Ontario municipalities for their information and consideration. 7. City Council request the Minister of Municipal Affairs and Housing to undertake dedicated consultation with affected industry stakeholders on any changes to policies related to the protection of employment lands in advance of proceeding with the proposed Provincial Planning Statement. ———— Committee Recommendations The Planning and Housing Committee recommends that: 1. City Council express its concern to the Minister of Municipal Affairs on the general direction taken in the proposed Provincial Planning Statement as it represents fundamental changes in how growth planning is carried out in the province and by the City of Toronto. 2. City Council support in principle the provisions in the proposed Provincial Planning Statement that encourage the supply of housing, notwithstanding, that references to "Affordable Housing" and "Housing that is affordable to low- and moderate-income households" have not been carried over. 3. City Council request the Province through ERO 019-6813 and outlined in Attachment 1 to the report (May 17, 2023) from the Chief Planner and Executive Director, to: a. maintain all policy references to “residential intensification” and “redevelopment” in the current Provincial Policy Statement to provide clarity that where sufficient land and servicing exists to accommodate forecast population through infill, the need for greenfield development is diminished. b. require that large and fast-growing municipalities accommodate a minimum of 50 percent of all residential development within their existing settlement area and that new settlement areas or settlement area expansion lands are planned for a minimum density target of 50 residents and jobs per gross hectare. c. maintain the density targets of Urban Growth Centres (Growth Plan 2.2.3.2) and policies that directed how Urban Growth Centres will be planned (Growth Plan 2.2.3.1). d. provide flexibility for municipalities to identify additional higher order transit corridors that deviate from the definition of "higher order transit" in the proposed Provincial Planning Statement. e. maintain the Growth Plan policies (2.2.4.8 – 2.2.4.10) that support the development of complete communities with a compact built form and affordable housing within MTSAs, on lands adjacent to MTSAs, and along transit corridors. f. include reference to affordable housing in Provincial Planning Statement Policy 2.4.2.6 given provincial direction to include affordable housing in Protected Major Transit Station Areas through inclusionary zoning. g. maintain that municipalities may identify a settlement area or allow the expansion of a settlement area boundary only at the time of a 5-year official plan update and only where it has been demonstrated that certain conditions have been met (Provincial Policy Statement 1.1.3.8). h. lead a provincial-municipal process with large and fast-growing municipalities for the periodic preparation of regional population and employment forecasts. Enable municipalities to continue to be able to adopt higher forecasts. i. direct municipalities in the Greater Golden Horseshoe to continue using population and employment forecasts of Schedule 3 of the Growth Plan for managing growth to 2051 and ensuring “at least 25 year” supply of land. j. maintain the current definitions of “affordable” housing and 'low and moderate-income households" OR provide explicit direction for municipalities to set their own definition. k. maintain the requirement for municipalities to establish targets for housing affordable to low- and moderate-income households (Provincial Policy Statement 1.4.3(a)) and for affordable ownership and affordable rental housing (Growth Plan 2.2.6.1(a)(ii)) l. maintain Growth Plan policy 2.2.6.3 that provides direction to municipalities to use available tools to require that multi-unit residential developments incorporate a mix of unit types to accommodate a diverse range of households sizes and incomes. m. revise the definition of “housing options” to include consideration for affordable housing, tenure, and unit types to accommodate a range of household sizes. n. amend proposed policy 2.2.1.b.2, related to the conversion of existing commercial and institutional buildings for residential uses, to include a requirement to maintain or replace employment space within the redevelopment or within an off-site location. o. enact a Regulation to permit the use of zoning with conditions, pursuant to Section 113 of the City of Toronto Act 2006, that would enable a municipality to secure replacement employment space as part of redevelopments proposing to convert existing commercial and institutional space. p. enact a Regulation to permit the use of conditional zoning, pursuant to Section 113 of the City of Toronto Act 2006, that would enable the City to require and secure employment space to be provided prior to, or concurrent with any non-employment uses, including residential. q. revise the Employment Area definition to explicitly include film production, cluster of office uses, stand-alone convenience retail and services to serve businesses and workers within Employment Areas, and enable municipalities to define components of Employment Areas to serve local economies. r. maintain the current timeframe for when a conversion of employment lands can be considered: only when municipalities are undertaking their 5-year Official Plan review, absent the Municipal Comprehensive Review concept. s. strengthen land use policy protections for all Employment Areas across the Province to ensure that these lands support the economy and are viable over the long-term. t. require that municipalities determine that sensitive land uses proposed near manufacturing, warehousing and other major facilities are compatible or can be made compatible prior to permitting a sensitive land use. u. retain the existing Growth Plan policy (2.2.5.8) which requires that the development of sensitive land uses, major retail and major office will avoid, or where avoidance is not possible, minimize and mitigate adverse impacts on industrial, manufacturing or other major facilities. v. maintain the current Provincial Policy Statement and Growth Plan policies that explicitly support energy efficiency, increased vegetation, and improved air quality. w. maintain and expand the geographic scope of the current Provincial Policy Statement and Growth Plan policies related to natural heritage protection, climate action, intensification, and greenhouse-gas reduction. x. expand the geographic scope of the Growth Plan's protections for natural heritage systems (4.2.2), water resource systems and watershed planning (4.2.1), and stormwater management (3.2.7) to the entire Province. y. maintain the Growth Plan's provincially identified Agricultural System. z. Maintain Growth Plan policy 4.2.8.1 requiring municipalities to develop and implement official plan policies and other strategies related to conserving mineral aggregate resources. aa. change the definition of "waste management system" to consider the waste hierarchy and is inclusive of and prioritizes resource recovery and environmental outcomes consistent with the Province’s circular economy ambitions. bb. align the Waste Management policies with the language of the Waste Free Ontario Act and Resource Recovery and Circular Economy Act (RRCEA) and provide guidance on how municipalities are to interpret the Waste Management policies in the Provincial Planning Statement alongside the RRCEA. cc. include policy direction that requires municipalities to coordinate and plan for appropriate and adequate shared waste management infrastructure. dd. include policy direction that ensures the provision of lands for integrated waste management, including recycling and processing facilities, and residual disposal/management. ee. maintain and expand the geographic scope of Growth Plan policy 4.2.1.4 that requires a sub-watershed plan for large-scale development in greenfield areas. ff. maintain policy references to "key hydrologic features, key hydrologic areas and their functions", from the current Provincial Policy Statement (2.2.1(e)) and expand the geographic scope of Growth Plan policy 4.2.1.2. gg. include direction in the proposed Provincial Planning Statement that planning authorities shall protect, improve, or restore the quality and quantity of water. hh. recognize and promote green infrastructure's role in water and stormwater systems. ii. maintain all transportation related policies in the current Provincial Policy Statement and Growth Plan that support reducing vehicle trips. jj. include language regarding planning for a transportation system in way that accounts for factors such as equity, cost, air quality, winter maintenance and resiliency. kk. modify policies concerning the protection of heritage properties to say, “protected heritage property shall be conserved”, recognizing that the definition of “protected heritage property” includes more than lands with built heritage resources or cultural heritage landscapes. ll. maintain the existing Land Needs Assessment methodology as Provincial guidance to the large and fast-growing municipalities for assessing land needs as a complement to the Provincial Projections Methodology Guideline available to other municipalities. mm. include as part of the transition regulation that all planning matters (Official Plan Amendments or Zoning By-law Amendments) that predate the in-effect date of the new Provincial Planning Statement be transitioned under the existing planning framework. These include planning matters that are: (1) deemed complete and in process/under review; (2) city-initiated process underway or nearing completion, or (3) Council-adopted but is under appeal or appeal period nearing. nn. continue to transition Official Plan Amendment 231 as a matter in process that was approved under the Growth Plan, 2006. oo. acknowledge the importance of and requirement for undertaking integrated planning across the Province. pp. provide guidance on expectations with respect to municipal engagement with Indigenous communities on land use planning matters that identify best practices. qq. clarify the scope of a municipality's obligation to identify potential impacts of decisions on the exercise of Aboriginal or treaty rights and how the Province's role in addressing asserted Aboriginal or treaty rights will be integrated in the municipal decision-making process. rr. add a new policy that enables municipalities to put in place local policies that address the changing nature of office space and needs to reflect the local context. 4. City Council confirm that film production will continue to be considered a form of manufacturing for the purposes of land use planning and interpretation of official plan policies and zoning standards. 5. City Council forward Attachment 2 to the report (May 17, 2023) from the Chief Planner and Executive Director to the Minister of Municipal Affairs and Housing and the Minister of Economic Development, Job Creation and Trade from the Film Commissioner and Director, Entertainment Industries related to the impacts the proposed Provincial Planning Statement has on the City’s film production Industry. 6. City Council forward a copy of the report (May 17, 2023) from the Chief Planner and Executive Director to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Economic Development, Job Creation and Trade, the Leader of the Official Opposition, all Ontario MPPs, the Association of Municipalities of Ontario, and all Ontario municipalities for their information and consideration. 7. City Council request that the Minister of Municipal Affairs and Housing undertake dedicated consultation with affected industry stakeholders on any changes to policies related to the protection of employment lands in advance of proceeding with the proposed Provincial Planning Statement. Origin (May 17, 2023) Report from the Chief Planner and Executive Director, City Planning Summary The policy led planning system under which municipalities within the Greater Golden Horseshoe (GGH) Area have operated since 2006 has experienced numerous changes over the last 5 years requiring the City to continuously review, examine and adapt our planning policies and practices. On April 6, 2023 as part of Bill 97, the Ministry of Municipal Affairs and Housing introduced a draft Provincial Planning Statement that is intended to replace the current Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe. Some policies of the Growth Plan are intended to be incorporated into the new Provincial Planning Statement and the Growth Plan is proposed to be repealed. The proposed repeal of the Growth Plan now treats the region generally the same as any other part of the Province despite it being home to 70% of Ontarians. While some Growth Plan policies are found in the proposed Provincial Planning Statement, virtually all the foundational ones have been eliminated and the overall policy intent of establishing a regional plan to lay out and coordinate planning, resource and infrastructure management efforts has been abandoned. Absent a comprehensive and coordinated regional growth management framework, potential unintended consequences may include, loss of agricultural land and associated worsening food insecurity, degradation of the natural heritage system and it's ability to mitigate the impacts of climate change, impacts on water quality, uncoordinated infrastructure planning that increases costs for local and regional governments, uncoordinated and unsustainable development patterns that encourage car dependency, and the loss and removal of employment lands needed to support a diverse economic base. The direction for regional planning implied in the draft Provincial Planning Statement represents a seminal change in the land use planning system in the GGH that together with recent and potential future governance changes pose risks to the widely recognized benefits of coordinated and integrated land use, resource and infrastructure planning and calls into question progress toward widely understood and desirable outcomes around climate adaptation, inclusion, economic and financial stability over the next decades. Growing imperatives around housing supply and paying for infrastructure should spark an evolution in regional planning through a focussed collaborative process around making the Growth Plan work better, without jettisoning its fundamental goals around limiting sprawl and long-term land use predictability. The Province has provided stakeholders 60 days to review the proposed document and comments are due no later than June 5, 2023. Staff will submit the recommendations from Planning and Housing Committee to the provincial ERO posting and will submit additional comments received at City Council's meeting on June 14-16, 2023 as supplementary information to the recommendations contained in this report. This report outlines staff comments on the proposed Provincial Planning Statement as itemized in Attachment 1. The recommendations contained in this report address concerns raised by City staff intended to inform the Ministry of the City's comments and suggested revisions to the proposed Provincial Planning Statement. Staff from City Planning, Engineering & Construction Services, Economic Development & Culture, the Housing Secretariat, Toronto Water, Parks, Forestry & Recreation, Corporate Finance and Legal Services reviewed and provided comments organized in the following six themes: 1. Regional Planning; 2. Housing; 3. Employment Lands Planning; 4. Environment; 5. Infrastructure; and 6. Implementation Background Information (Committee) (May 17, 2023) Report and Attachments 1 and 3 from the Chief Planner and Executive Director, City Planning on City Comments on the Proposed Provincial Planning Statement (https://www.toronto.ca/legdocs/mmis/2023/ph/bgrd/backgroundfile-236614.pdf) Attachment 2 - Provincial Planning Statement 2023: Impact on Film Production Industry (https://www.toronto.ca/legdocs/mmis/2023/ph/bgrd/backgroundfile-236776.pdf) Communications (Committee) (May 29, 2023) Letter from Geoff Kettel and Cathie Macdonald, Co-Chairs, Federation of North Toronto Residents' Associations (PH.New) (https://www.toronto.ca/legdocs/mmis/2023/ph/comm/communicationfile-169993.pdf) (May 31, 2023) Letter from Craig McLuckie, President, Toronto Industry Network (PH.New) (https://www.toronto.ca/legdocs/mmis/2023/ph/comm/communicationfile-170052.pdf) (May 31, 2023) Letter from Victoria Harding, Executive Director, DGC Ontario (PH.New) (https://www.toronto.ca/legdocs/mmis/2023/ph/comm/communicationfile-170104.pdf) (May 31, 2023) Letter from Issac Tang, Borden Ladner Gervais LLP, on behalf of PT Studios Inc. (PH.New) (https://www.toronto.ca/legdocs/mmis/2023/ph/comm/communicationfile-170105.pdf) (May 31, 2023) Letter from Peggy Kyriakidou, President, and Jayson Mosek, Business Agent, NABET 700-M UNIFOR (PH.New) (https://www.toronto.ca/legdocs/mmis/2023/ph/comm/communicationfile-170106.pdf) Communications (City Council) (June 14, 2023) Letter from Les Veszlenyi and Angela Barnes, Co-Chairs of the Mimico Lakeshore Community Network (CC.Supp) (https://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-170401.pdf) (May 31, 2023) Letter from Ian Carmichael and John Caliendo, Co-Chairs, ABC Residents Association (CC.New) (https://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-170438.pdf) Speakers Victoria Harding, Directors Guild of Canada - Ontario Cynthia Lynch, FilmOntario Peggy Kyriakidou, NABET 700M UNIFOR Angela Mastronardi, IATSE Local 873 The Acting Manager of Planning for Elgin presented County Council with Official Plan Amendment (OPA) No. 23 for the Town of Aylmer's Official Plan. This amendment adds a Special Policy Area to re-designate the subject lands from "Low Density Residential" to "Special Policy Area Medium Density Residential 3". This change will allow for a general commercial (office) use on the ground floor of the building and permit up to six residential dwelling units in the rest of the building. County Council approved this amendment as staff confirmed that it meets all policy and regulatory requirements. COUNTY COUNCIL APPROVES INNOVATIVEOFFICIAL PLAN AMENDMENT FOR VIBRANT GROWTH IN AYLMER PAGE 01ELGIN COUNTY COUNCIL HIGHLIGHTS COUNCILHIGHLIGHTS TUESDAY, JULY 25, 2023 IN THIS ISSUE: County Council Approves Innovative Official Plan Amendment for Vibrant Growth in Aylmer A Transparent Approach: Understanding Elgin County's Fee Changes Community Safety in Focus: Elgin County and OPP to Extend Policing Agreement Revitalizing Health: Strengthening SWPH Amidst Covid-19 Challenge Fueling Safety: Elgin to Collaborate with Municipal Partners to Tackle Legacy Oil & Gas Hazards Elgin County Backs Bayham in Storm Water Infrastructure Funding *Please note that this is not an actual rendering of the changes proposed to the subject lands. Additional charge for lost and damaged Yoto players at Elgin County Library Branches An increase to the fees associated with room rentals at the County Administration Building, and an increase to the Single Move Overweight Permit Fee to reflect cost recovery A rate change for services provided by the Barber/Hairdresser at Terrace Lodge (one of Elgin's three (3) Long Term Care Homes) A change to research fees from $50.00/hour to a cost recovery basis to align with the provisions of the shared services agreement. A reimbursement for additional costs incurred for professional services related to technical studies/reports determined necessary by the Manager of Planning Tourism Membership fees have been eliminated as the fees are now contained within the department budget. Provincial Offences fees have increased to recover costs associated with the preparation of transcripts. Every year, Elgin's Management Team and County staff evaluate the fees and charges for administrative activities in each department to ensure that they reflect the cost of materials, activities, and services. County Council has approved the following list of fee changes from the previous year: ELGIN COUNTY COUNCIL HIGHLIGHTS PAGE 02 A TRANSPARENT APPROACH: UNDERSTANDING ELGIN COUNTY'S FEE CHANGES The agreement between Elgin County and the Ontario Provincial Police (OPP) concerning policing services for six Municipalities will come to an end on December 31, 2023. County Council has granted approval for the Elgin Group Policing Agreement to be sent to the local Councils in Bayham, Malahide, Central Elgin, Southwold, Dutton-Dunwich, and West Elgin to approve the agreement for an additional two years. COMMUNITY SAFETY IN FOCUS: ELGIN COUNTY AND OPP TO EXTEND POLICING AGREEMENT For the complete July 25, 2023, County Council Agenda Package, please visit the Elgin County website. The Southwestern Public Health (SWPH) catchment area has been experiencing a decline in population health due to Covid-19. As a result, SWPH's Board of Health has approved additional investments by the Ministry of Health and its Municipalities, as outlined in their Further Investments in Public Health Priorities Report. The County of Elgin is required to provide SWPH with an extra levy of $61,254. In response, Council has agreed to allocate $15,313.50 per month, effective September 1, 2023. ELGIN COUNTY COUNCIL HIGHLIGHTS PAGE 03 REVITALIZING HEALTH: STRENGTHENING SWPH AMIDST COVID-19 CHALLENGE The Ministry of Natural Resources and Forestry has allocated $7.5 million in funding to municipalities to manage the hazards caused by legacy oil and gas wells and subsurface gas mitigation. County Council has instructed staff to collaborate with Local Municipal Partners in order to create a submission package for funding through the Legacy Oil & Gas Wells Municipal Transfer Payment Program. FUELING SAFETY: ELGIN TO COLLABORATE WITH MUNICIPAL PARTNERS TOTACKLE LEGACY OIL & GAS HAZARDS The Municipality of Bayham requested a letter of support from Elgin County to accompany their application to the Disaster Mitigation Adaption Fund. County Council directed staff to generate a letter of support to assist the Municipality of Bayham's efforts in attaining funding to help offset the costs of replacing storm water infrastructure in Port Burwell. ELGIN COUNTY BACKS BAYHAM IN STORM WATER INFRASTRUCTURE FUNDING *Map of Abandoned Oil Wells The County Administration Building is currently undergoing its largest renovation since it was first occupied in 1985. The building, which was constructed in 1938, is in need of new elevators due to the existing ones being outdated. The first floor elevation changes also pose accessibility challenges. In 2022, County Council awarded a renovation project to Elgin Construction to address these issues by constructing new elevator additions. Elgin Construction was awarded the project on November 16th, 2022, with work scheduled to begin on January 17th, 2023. The anticipated completion date was October 2023, and the project costs have remained within the budget allocation. However, a number of delays have occurred, which have extended the anticipated completion date. As of now, the north elevator is scheduled to be commissioned by November 2023, with a revised completion date of May 2024. RISING TO NEW HEIGHTS: THE TRANSFORMATION OF THE COUNTYADMINISTRATION BUILDING PAGE 01ELGIN COUNTY COUNCIL HIGHLIGHTS COUNCILHIGHLIGHTS TUESDAY, AUGUST 8, 2023 IN THIS ISSUE: Rising to New Heights: The Transformation of the County Administration Building Paving the Way: Revamping Elgin County's Road Maintenance Agreement Green Lights for Official Plan Amendments in Elgin County Preserving History: Reviving Elgin County's Council Chambers and Entrance Financial Fortunes: County's 1st Quarter Surplus Shines Bright Embracing Unity: Elgin County Celebrates Pride Week with Flag- Raising Ceremony and Commitment to Diversity County Council gave its approval for the 2023 County Roads Maintenance Agreement and directed staff to present the draft County Roads Maintenance Agreements to each of Elgin's Local Municipal Partners (LMPs). Following the municipal restructuring/amalgamation in January 1998, the constituent lower tier municipalities in Elgin County became responsible for maintaining roads and related infrastructure under the jurisdiction and ownership of Elgin County. Until 2012, the terms of the maintenance relationship were summarized inadequately, lacking detail on respective rights, obligations, and operational processes. Over the years, these concerns were addressed through the creation of a comprehensive road maintenance agreement. These agreements detailed the road maintenance relationship, including a statement of services to be performed by the LMPs. However, the agreement still addressed a number of operational and administrative concerns raised by the LMPs. In 2021, Elgin County hired StrategyCorp as a consultant to lead discussions with representatives of the County and LMPs to address identified areas of concern. StrategyCorp prepared a report detailing its findings, conclusions, and recommendations for a new County Roads Maintenance Agreement to become effective on January 1, 2023. County Council previously approved the report, adopted its recommendations, and directed staff to prepare an agreement format to reflect the same. ELGIN COUNTY COUNCIL HIGHLIGHTS PAGE 02 PAVING THE WAY: REVAMPING ELGIN COUNTY'S ROADMAINTENANCE AGREEMENT Over the past twelve months, Elgin Legal Services, with input from Engineering Services and direction from the former General Manager – Engineering, Planning, and Enterprise, has developed an Agreement format in keeping with StrategyCorp's recommendations. Representatives from Elgin's LMPs have confirmed that the final version of the Agreement format is acceptable. With renovations to Elgin County Council Chambers and the entrance to the Elgin County Administration Building now complete, County Council approved the re-installation of certain photographs and plaques both in County Council Chambers and in the building entrance. PRESERVING HISTORY: REVIVING ELGIN COUNTY'S COUNCIL CHAMBERS AND ENTRANCE ELGIN COUNTY COUNCIL HIGHLIGHTS PAGE 03 Elgin County Council has given the green light to Official Plan Amendment No. 22 for the Township of Malahide. PH Engineering Solutions is a company that specializes in designing control systems for manufacturing businesses. They are currently located in a former Township Fire Station that has been repurposed for their use and are looking to expand their operations by adding 0.7 acres of land to the east and constructing a new building. However, the proposed expansion lands are currently designated as 'Agriculture' and an amendment to the Township's Official Plan is necessary. Similarly, the County Council has approved Official Plan Amendment No. 33, in the Municipality of Bayham. The applicant is looking to severe a farm residence that has been rendered surplus due to the acquisition of additional farm parcels. However, a site-specific amendment to the Bayham Official Plan is required due to the applicant's primary operations being based in the neighboring Malahide Township. GREEN LIGHTS FOR OFFICIAL PLAN AMENDMENTS IN ELGIN COUNTY For the complete August 8, 2023, County Council Agenda Package, please visit the Elgin County website. ELGIN COUNTY COUNCIL HIGHLIGHTS PAGE 04 EMBRACING UNITY: ELGIN COUNTY CELEBRATES PRIDE WEEK WITH FLAG-RAISING CEREMONY AND COMMITMENT TO DIVERSITY During the Council meeting, the Director of Finance shared the 1st Quarter Operating Financial summary report, which gives an overview of departmental performance from January to March 2023. After assessing each County department, it was found that there was an operating surplus of $304,096 by the end of March. FINANCIAL FORTUNES: COUNTY'S 1ST QUARTER SURPLUS SHINES BRIGHT Warden Ed Ketchabaw proclaimed August 7th through 13th as Pride Week in Elgin County. Warden Ketchabaw was joined by MP Karen Vecchio, Spokesperson Devon Church, and Martin Withenshaw of the Rainbow Optimist Club- Southwestern Ontario to officially kick off Pride Week. This flag-raising event was intended to show the County’s support for the Rainbow Community and to demonstrate the community’s commitment to providing safe and welcoming places for all members. On behalf of Elgin County Council, Warden Ketchabaw encourages all citizens to take pride in our diversity and celebrate our differences to help make our community a place that we can all be proud to call home. Hello Mr. Froese; I'm a neighbour at 53994 Jackson Line. We are experiencing a lot of high speed cars ignoring the 'no exit' sign you efficiently got posted after the last election. Across the road from us the people have 14 children, many of them very young. They play ball outside and we are concerned about the speed of the cars. We also have two young grandchildren living next to us at 53900 Jackson Line, not to mention numerous cats and dogs between the 3 houses. May I prevail on you again to consider taking to Council my request to have a "Rural Area 60 KM" sign posted near the 'no exit ' sign please. Thank you. Blessings, Linda Phillips Kelm Good morning Meagan Further to our phone conversation this morning, as advised by you, I am outlining my traffic concerns via email to you. We moved to 11370 Plank Road, Eden seven weeks ago and have been increasingly concerned with dangerous, speeding traffic through this Plank Road 50 km/hr zone. From early morning to late evening we witness continuous speeding traffic, many going perhaps 80 km/hr or more, out front of our home. Some speeding vehicles are passing other speeding vehicles while children are out riding bicycles and/or walking on Plank Road. In the evenings traffic increases with "joyriders" racing and revving their engines with their loud, deafening mufflers. We have watched motorcyclists race past, some of them doing "wheelies" at high speeds. It is our observation that at least 80% of vehicles driving past our home are speeding. On Wednesday, July 19th I phoned OPP to relay my concerns regarding dangerous driving out front of my home. I received a call back right away from an OPP Officer who took all my information and informed me that they would try to monitor the situation more closely as they were aware of the concerns along this road. The officer told me that one other Eden neighbour had complained last week about speeding drivers. I was advised by OPP to contact the Municipality of Bayham as well to relay my concerns. This dangerous driving issue needs to be addressed now. OPP, Municipality of Bayham and Elgin County need to take the necessary steps to "make safe" this 50 km/hr zone on the County Road through Eden, ON. Increased law enforcement, speed bumps and photo radar all need to be considered and implemented as soon as possible. Thank you Meagan for listening to my concerns and advising me on this issue. I look forward to hearing from you. John and Donna Wilkinson REPORT TREASURY DEPARTMENT TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: August 17, 2023 REPORT: TR-13/23 SUBJECT: 2023 Q2 VARIANCE REPORT BACKGROUND The Q2 (second quarter) financial reports are provided for Council’s fiduciary review. This Report provides a summary of current revenue and expenditure to June 30, 2023, and variances to the Operating Budget and Capital Budget. At its June 16, 2022 meeting, Council received Report TR-11/22 re Investment Options – Vienna Community Improvement Reserve Fund, and passed the following motions: Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report TR-11/22 re Investment Options – Vienna Community Improvement Reserve Fund report be received for information; AND THAT staff be directed to invest the funds allocated to the Vienna Community Improvement Reserve Fund (VCIRF) in a one-year fixed GIC through RBC within five business days after July 13, 2022. Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT staff be directed to invest an additional $2 million in cash on hand in a one-year fixed GIC through RBC within five business days after July 13, 2022. DISCUSSION The Operating Budget and Capital Budget are both above expected levels given the cyclical nature of operations and higher inflationary period. The Municipality is experiencing greater operational pressure due to higher costs and lower revenues in some functional areas. Capital pressures, at this point, are less than anticipated due to projects to-date coming in under budget. Investments The Municipality has an opportunity again to consider another round of investing of short-term (1-year) GICs with returns above 5.5 percent. Due to a strong quarter of collections of tax arrears and other receivables, Bayham has excess cash-on-hand, which can be considered for short-term investment. Council may wish to consider allocating $1,500,000 into a 1-year GIC, much of that is a rollover from matured one-year GICs that Council directed in June 2022. The offered 1- year rate is 5.52 percent. Capital expenses have commenced in some departments, and with the early adoption of Capital and Operating Budgets, departments have been able to complete projects before the end of the quarter. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not Applicable. ATTACHMENTS 1. Appendix A: 2023 Q2 Operating Revenue & Expense Variance Report 2. Appendix B: 2023 Q2 Capital Expense Variance Report RECOMMENDATION 1. THAT Staff Report TR-13/23 re 2023 Q2 Variance Report be received for information; 2. AND THAT Council provide direction regarding the investment of excess cash-on-hand. Respectfully submitted, Reviewed by, Lorne James, CPA, CA Thomas Thayer, CMO, AOMC Treasurer Chief Administrative Officer Revenues 05.10 General Taxation $2,814,120 $5,743,102 49% 05.20 Other Revenues $448,483 $1,026,000 44%investment loss from sale 10.10 General Government $11,189 $77,000 15%transfer fee to be booked 10.20 Council -$1,100 $0 reimburse election fees 20.10 Fire Services $2,025 $20,000 10%reduced cost recoveries 20.20 Police Services $35 $12,000 0%no poa revenue from county to note 20.30 Conservation Authority $020.40 Building Services $65,280 $192,000 34%reduced volume of permitt impacting revenue 20.50 Bylaw Enforcement Services $0 $0 25.10 Roads $296,049 $560,418 53% 25.20 Winter Control $1,307 $3,000 44% 25.40 Street Lights $0 30.10 Water $343,641 $770,554 45% 30.15 Richmond Water $47,886 $100,012 48% 30.30 Waste Disposal $42,257 $71,000 60% 30.20 Waste Water $474,123 $1,042,500 45%35.20 Cemeteries -$502 $2,000 -25%care and maintenance disbursement 40.10 General Assistance $0 45.10 Parks & Recreation $2,110 $2,600 81% 45.20 Straffordville Community Centre $9,215 $8,000 115% 45.40 Libraries $20,400 $74,526 27%county behind in q2 payment 45.50 Museums $6,693 $16,200 41% 50.10 Planning, Development & Tourism $40,170 $60,000 67% 50.15 Tourism & Marketing $15,015 $15,000 100%50.20 Environmental Services $134 $6,500 2%drainage super grant not booked yet Capital $387,445 $5,684,251 7% Expenditures 05.10 General Taxation $0 05.20 Other Revenues $0 10.10 General Government $693,701 $1,310,386 53%10.20 Council $47,896 $95,189 50% 20.10 Fire Services $276,588 $573,283 48% 20.20 Police Services $0 $964,904 0%no county invoices to date 20.30 Conservation Authority $75,911 $106,215 71%timing of CA billing 20.40 Building Services $67,681 $133,914 51% 20.50 Bylaw Enforcement Services $13,704 $51,145 27% 25.10 Roads $948,256 $1,783,624 53%higher costs from maintenance, fuel 25.20 Winter Control $47,622 $123,315 39%25.40 Street Lights $20,648 $36,500 57% 30.10 Water $233,466 $770,554 30% 30.15 Richmond Water $26,875 $100,012 27% 30.20 Waste Water $310,788 $1,042,500 30% 30.30 Waste Disposal $271,876 $464,000 59% 35.20 Cemeteries $8,717 $17,500 50% 40.10 General Assistance $13,346 $7,000 191%county CIP to be billed 45.10 Parks & Recreation $52,179 $93,793 56% 45.20 Straffordville Community Centre $48,644 $56,788 86%higher maintenance costs 45.40 Libraries $23,332 $74,526 31% 45.50 Museums $26,493 $56,645 47% 50.10 Planning, Development & Tourism $88,450 $171,921 51% 50.15 Tourism & Marketing $32,965 $64,713 51% 50.20 Environmental Services $2,525 $15,736 16% Capital $1,594,536 $7,372,500 22% Municipality of BayhamAppendix A: 2023 Q2 Operating Revenue and Expense Variance Report 2023 Actuals 2023 Budget % Consumed 2023 2023 % Actuals Budget Consumed General Government Market Analysis 18,724$ 15,000$ 125%DoneDevelopment Charges Study 448$ 35,000$ 1% Strategic Plan Update 4,834$ 30,000$ 16%Expected under budget Website Redevelopment 5,388$ 45,000$ 12%Expected under budget Liability Reserve Transfer -$ 15,000$ 0%not booked yet Working Capital Transfer -$ 10,000$ 0%not booked yetElection Reserve Transfer -$ 15,000$ 0%not booked yet Guarantorship Loan Reserve Transfer -$ 1,100,000$ 0%not booked yet Fire Pumper 1 -$ 550,000$ 0%Arrives in 2024 Bunker Gear 11,707$ 13,000$ 90%Done Portable Radios -$ 8,000$ 0% Roads Bayham Drive 3,034$ 250,000$ 1% Tollgate Rd.19,116$ 250,000$ 8% Chapel St.-$ 25,000$ 0% James Line 45,499$ 160,000$ 28% Pressey Line 1,138$ 425,000$ 0% Gravel Program 4,747$ 190,000$ 2% Sidewalks 97,447$ 100,000$ 97%Done Road Signs -$ 7,500$ 0% Guardrails -$ 10,000$ 0% Road Side Brushing -$ 30,000$ 0% Hill Management -$ 30,000$ 0% Water Equipment - Richmond 5,734$ 15,000$ 38% Pickup Truck 26,422$ 20,000$ 132%Done Vienna Water Service 1,151,435$ 1,276,000$ 90% Waster Water System Equipment 3,713$ 45,000$ 8% Transfer Switches -$ 60,000$ 0%Pickup Truck 26,422$ 20,000$ 132%Done Manhole rehab -$ 25,000$ 0% Parks Vienna Community Park -$ 135,000$ 0% Port Burwell Ball Diamond 8,400$ 200,000$ 4% PB Library Pavilion -$ 50,000$ 0% Corinth Park -$ 15,000$ Facilities Facility Audits 35,000$ 0% PB Lighthouse 54,947$ 225,000$ 24% SCC Expansion 73,395$ 2,030,000$ 4% Planning and Development Official Plan Review -$ 35,000$ 0% Municipality of BayhamAppendix B: 2023 Q2 Capital Expense Variance Report REPORT CLERK TO: Mayor & Members of Council FROM: Meagan Elliott, Clerk DATE: August 17, 2023 REPORT: CL-09/23 SUBJECT: CURBSIDE BULK GARBAGE PICK-UP PROGRAM POLICY BACKGROUND At the June 15, 2023 Regular Council Meeting, Council received Report PS-11/23 re Bulk Item Curbside Pick-Up Spring Update and passed the following motion: THAT Report PS-11/23 re Bulk Item Curbside Pick-up Spring Update be received for information; AND THAT, for the remainder of 2023, the Bulk Item Curb Side Pick-up Program shall operate during September and October; AND THAT, commencing in 2024, the Bulk Item Curb Side Pick-up Program shall operate for the following five months with a given calendar year: April, May, July, September, and October; AND THAT Council establish a $25 user fee for the Bulk Item Curbside Pick-up Program, effective September 2023, with user fees to be re-evaluated in June 2024; AND THAT a Bulk Item Curbside Pick-up Program Policy be brought forward for Council’s consideration in August 2023. DISCUSSION The draft Policy is attached to this Report for consideration. Staff will advertise the confirmed dates for September and October once the online form is ready to be utilized. STRATEGIC PLAN 2.3: Quality of Life > To engage the community in raising its value for and consciousness of the environment through innovative natural area, energy and other environmental conservation initiatives Initiative(s): Not applicable. ATTACHMENTS 1. Draft Curbside Bulk Garbage Pick-Up Program Policy RECOMMENDATION THAT Report CL-09/23 re Curbside Bulk Garbage Pick-Up Program Policy be received for information; AND THAT the appropriate by-law be brought forward to adopt the policy as presented. Respectively Submitted by: Reviewed by: Meagan Elliott Thomas Thayer, CMO, AOMC Clerk Chief Administrative Officer Curbside Bulk Garbage Pick-Up Program Policy Section 1 - Purpose The Council of the Municipality of Bayham is desirous of offering a Curbside Bulk Garbage Pick-Up Program. This policy identifies details, eligibility, and process of the Program. Section 2 – Scope The Curbside Bulk Garbage Pick-Up Program will be offered during the third (3rd) week of the following months in a given calendar year: April, May, July, September and October. Residents of Bayham who receive regular garbage pick-up services are eligible to register for the program. Any eligibility discrepancies will be determined by the Manager of Public Works. Those wishing to register must fully complete the applicable online registration form and provide the fee prior to the noted deadline to be accepted. The fee for the Program is to be reviewed annually by Council. The current set fee is $25 per two (2) cubic meters of bulk garbage. Residents may register for multiple pick-ups per date at a time if required. There will be no refunds to this Program for any circumstance. Section 3 – Procedure Residents are to complete the online registration form on the Municipal Website for the Program. Pick-up dates and registration deadline details will be included on the online form. Individual registrations for each pick-up date is required. Residents that are unable to access the online form may request assistance from Municipal Staff for completion of the form. The applicable fee must be provided to the Municipal Office prior to the registration deadline. Accepted payment methods include cash, cheque, debit and e-transfer to payments@bayham.on.ca. E-transfers must include the property address in the “notes” section. Residents who provide payment but not a complete registration will not be added to the list. A list of Accepted and Not-accepted Items is available on the Municipal Website. Only Accepted Items are to be placed at the curb for pick-up. The Contractor has the right to refuse any items that are not considered Accepted Items. Any items deemed to not be Accepted Items will not be collected. It is the responsibility of the registrant to dispose of items that are not accepted and abide by all illegal dumping regulations. Section 4 – Administration The Curbside Bulk Garbage Program will be coordinated by Municipal Staff and Norfolk Disposal as the Contractor. REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: August 17, 2023 REPORT: CAO-43/23 SUBJECT: CONTRACT EXTENSION – ONTARIO PROVINCIAL POLICE – ELGIN GROUP POLICING SERVICES AGREEMENT BACKGROUND Six (6) lower-tier municipalities in Elgin County (Bayham, Malahide, Central Elgin, Southwold, Dutton-Dunwich, and West Elgin) partner through Elgin County as the Elgin Group for Police Services purposes. Aylmer is not included as they have their own police services. The existing Agreement has been in place since 2015 and was previously extended twice (2021 and 2022) for one-year periods, awaiting the formal date the Community Policing and Safety Act (CPSA) comes into force and effect. Bayham’s last extension was authorized by By-law No. 2022-054, adopted by Council on July 21, 2022. DISCUSSION On July 25, 2023, County Council considered the extension of this Agreement and agreed to the two-year term. As such, each of the six lower-tiers must formally resolve to extend for a two-year term to ensure continuity of the existing Agreement through until December 31, 2025. As noted, the terms of the current Agreement with OPP has been in place since 2015. The CAOs of each lower-tier municipality have been consulted, and support renewing the existing Agreement for an additional two (2) years. It is expected that during this term, the CPSA will come into force and replace the existing agreement, but until then, an agreement for policing services must remain active. This is the only option for policing services being considered at this time as the timeline for the CPSA is unknown. A copy of the current Agreement and Draft Extending Agreement are included with this Report. STRATEGIC PLAN 3.3: Quality of Governance > To strategically engage in partnerships, joint ventures and other collaborative activities that leverage the Municipality’s resources and capabilities in order to achieve enhanced efficiencies and benefits for the community and its residents. Initiative(s): Encourage ongoing networking with provincial and federal partners and other industry representatives. ATTACHMENTS 1. Current Agreement – Elgin Group Policing Services Agreement 2. Draft Extending Agreement – Elgin Group Policing Services Agreement RECOMMENDATION 1. THAT Report CAO-43/23 re Contract Extension – Ontario Provincial Police – Elgin Group Policing Services Agreement be received for information; 2. AND THAT the Council of The Corporation of the Municipality of Bayham agrees to extend the existing Elgin Group Policing Services Agreement with the Ontario Provincial Police (OPP) for a further two-year period, ending December 31, 2025; 3. AND THAT the appropriate authorizing by-law be brought forward for Council’s consideration. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer This second AMENDING AGREEMENT is from the 30th day of December, 2022 to the 31st day of December, 2023 BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE SOLICITOR GENERAL ("Ontario") -and-THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN THE CORPORATION OF THE MUNICIPALITY OF DUTTON/DUNWICH THE CORPORATION OF THE TOWNSHIP OF MALAHIDE ("the Elgin Group") BACKGROUND A. The Parties entered into the Agreement for the provision of Police Services under Section 1 0 of the Police Services Act (the "Agreement") which commenced on the 1st day of January 2015. B. The Agreement includes all the Schedules and Appendices to the Agreement. C. Pursuant to Section 29, the Parties may amend the Agreement by written agreement. D. The Parties wish to further amend the Agreement as set out in this second Amending Agreement, by extending the duration of the contract to conclude on the 31st of December, 2023, as supported by: • Bylaw# 2022-49, dated the 21st day of July, 2022 of the Council of the Municipality of West Elgin (attached as Schedule "A-1 "). • Bylaw# 2022-054, dated the 21st day of July, 2022 of the Council of the Municipality of Bayham (attached as Schedule "A-1"). • Bylaw# 2022-68, dated the 8th day of August, 2022 of the Council of the Township of Southwold (attached as Schedule "A-1 "). • Bylaw# 2727, dated the18th day of August, 2022 of the Council of the Municipality of Central Elgin (attached as Schedule "A-1 "). • Bylaw# 2022-62, dated the 10th day August, 2022 of the Council of the Municipality of Dutton Dunwich (attached as Schedule "A-1"). • Bylaw# 22-52, dated 21st day of August, 2022 of the Council of the Township of Malahide (attached as Schedule "A-1"). NOW THEREFORE, the Parties agree as follows: 1. Section 26 of the Agreement shall be replaced with the following: 26. Notwithstanding the date upon which this Agreement is signed, the term of this Agreement shall commence on the 1st day of January 2015, and shall conclude on the earlier of (i) the 31st day of December, 2023 or (ii) the date that the Community Safety and Policing Act, 2019 comes into force. Relevant terms and conditions of the Agreement, that are not specifically amended but that relate to the amendments set out in this Amending Agreement shall be deemed to be amended so as to give effect to the changes herein. Except for the amendments set out herein, the terms and conditions of the Agreement remain in full force and effect and time shall remain of the essence. Notwithstanding the.date upon which this Amending Agreement is signed, this Amending Agreement is effective as of the 30th day of December, 2022. FOR ONTARIO FOR THE Corporation of the. Municipality of West Elgin FOR THE Corporation of the Municipality of Bayham Deputy Solicitor General, Community Safety ' Mayor · co/~"2-Chief Administrative Officer Date signed by Municipality: Ch' , 1strative Officer Date signed by Municipality: C))-I <;_ ~ z-,_ FOR THE Corporation of the Township of Southwold FOR THE Corporation of the Municipality of Central Elgin FOR THE Corporation of the Municipality of Dutton/Dunwich FOR THE Corporation of the·Township.of. Malahide Date signed by Municipality: (J ~ 2-t{ Z.02--1__ Date signed by Municipality: Chief Administrative Officer ' ,Date signed by Municipality: ()o\-aD/ ..l..2.._, I nicipality: Ocf ~) Zaz-e_ Schedule "A-1" BY-LAW'S OF THE MUNICIPAL COUNCIL r Elgin Group THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN THE CORPORATION OF THE MUNICIPALITY OF DUTTON/DUNWICH THE CORPORATION OF THE TOWNSHIP OF MALAHIDE .. • I L MUNICIPALITY OF West Elgin The Corporation Of The Municipality Of West Elgin By-Law No. 2022-49 A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE AN AMENDING AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE SOLICITOR GENERAL FOR THE PROVISION OF POLICE SERVICES FOR THE ELGIN GROUP MUNICIPALITIES Whereas the Municipal Act, 2001 S.O, c.25, as amended, authorizes municipalities to enter into agreements; and Whereas under Section 4(1) of the Police Services Act, R.s: 0. 1990, c.P.15, municipalities are required to provide adequate and effective police services in accordance with its needs;and Whereas under Section 10 of the Police Services Act, R.S.O. 1990, c.P.15, the Solicitor General may enter into an agreement with the council of a municipality or jointly with the councils of two or more municipalities for the provision of police services for the municipality or municipalities by the Ontario Provincial Police; and Whereas under Section 29, the Parties may amend the Agreement by written agreement; and Whereas the Corporation of the Municipality of West Elgin, the Corporation of the Municipality of Bayham, the Corporation of the Municipality of the Township of Southwold, the Corporation of the Municipality of Central Elgin, the Corporation of the Municipality of Dutton Dunwich and the Corporation of the Municipality of the Township of Malahide (herein after collectively called the "Elgin Group") seek to enter into a single amending agreement for the provision of Police Services by the Ontario Provincial Police; Now Therefore the Council of the Corporation of the Municipality of West Elgin enacts as follows: 1. The Mayor and the Clerk are hereby authorized, on behalf of the Corporation of the Municipality of West Elgin to enter into and execute under its corporate seal an agreement for the provision of Police Services with the Solicitor General of Ontario. 2. The Police Services agreement with the Solicitor General of Ontario shall also be authorized by the five other Municipalities, being the other members of the Elgin Group. 3. The Police Services amending agreement will commence on the 30th day of '·~ December 2022 and will conclude on the 31st day of December 2023. 4. A copy of said amending agreement shall remain attached to and form part of this by-law. 5. This By-law shall come into force and effect upon the final passing thereof. Read a first, second, and third time and finally passed this 21st day of July, 2022 . . ~=ilO Mayor Clerk ifHE CO~PORATloN·-oF lf-lE MUNICIPALltY.OF BAY.HAM, BY-LAW NO. ·2022.054 A .SY ·LAW 1TO (\UTHORIZE THE ·MAYOR AND CLERK TO 'EXECUTE AN AMENDING . ,AGREftMENT \l\ll.J~1HE~ .MAJESTY THE QUEE~ IN RIGHT OF ONTA~iQ AS REPRESENTED BY THE SOLICITOR GENERAL FOR THE PROVISION OF POLICE -SERVICES FOR THE ELGIN GROUP MU.NICIPAUTl~S WH~REAS th~ Munic;;ipal Act, .200·1 S.D; c.25, as amended, autt1onze.$ ·mllnic{palit-ies,1o enter into-agreements; ANDWHl=.REAS under.section 4(1) of the 'PdliceSetv.fces.Act R.S.0. 1990, c.P~1'5;. rnunicipc:Jlities·-~re required t.o provide adequate and ,effective police services in accordance wUh ifs needs-; AND WHE;RtAS under'Section 10 of the Police Services Act, H.S.0. '19<;10. c.P .. 15,.the SG1licitor G_erieral may enter into ah agreement With ·tt,e•couhcil of a municipality or Jointly With"the c,ouncifs of ·two or more municipE1litles for the· prpvision pf ,poll.ce se,wlces forthe m.un!cipality onnunicipalrtles by the. Ontario Provincial Pp,ilce~ ·AND Wl:i~RE:AS under .. Section 2fl, .1he Part;ies may .amend the AgrE?ement by wr'1jtan ~greemehti ANO WH~REAS the Corpor~ti6fl of'th'e Muhiclpalijy of West EJgir,, U,e Carpqtation of th~ Municipality of Bayham1 the Corporation of the Mun'icipality of the TownshJp of Southwold. the Corporation ofthe (vluni9ipanty cif'Central Elgin. the Ccirporation of the Municip_ality. of Dutton Dunwkh and the CorporatJon ofth,e Muhic1pa,Hty ofthe:1ownsh(p·of MaJaJ1ide · (herein after collectively called tne i,121gih Group,") seek lo et1ter into .a single ·amencllng agreement. for·tlle provision o'f Police $er.vices li>y the Oniario Prov nciaJ Police;: NOW THEREFORE THI: ¢QUNGR, OF THE CO'r{POIUilON OF THE.MUNICIF>ALITY. OF' BA V.HAn/l ENACTS 'AS .fOLL'.QWS: 1. THAT·the Mfl.yot and Glerl~ ~fre. hereby autho'rize~t on behalf ofl:h'e Corporation-.of the 'Mltn1o[palify of 'B~yhaln to .enter ·into ati execLJte unc{~r its corporate aeal an -a~reement for th~ provJsion of poJice ~E;Jrvices With :the Solicitor Generar of Ontario; 1, AND THAT the PoJi.Ge-Serv'ices agr!=e'm,ent with,the So1,icitot General of·0nt~no ~hall .al~o be' authorized by the five 0H1er Munioipa,lities.: being 'lhe. other members of the Elg 1n Group; AND TH.AT the Police Services amend.Ing agreement will commence on me 3011 day or December, 2022: and wil I conclude on tile 315'· day of December 2023: 4. AND THAT a ·copy of said amertdin~ agreement shall remain attached, to and·form part of this by-law: 6 AND THAT fl'lis by-law shall come into force. ~nd effec1 wpon ~he final passing thereof READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THtS 21st DA¥ OF JUL Y·2D22. I'. //··_; . ,;7 ~'ti/ \, 1JIAYOR ' cc.af11 -I THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD BY-LAW NO. 2022-68 Being a By-law to authorize the Mayor and the Clerk to execute an amending agreement with her Majesty the Queen in Right of Ontario as represented by the Solicitor General for the provision of police services for the Elgin Group Municipalities WHEREAS the Municipal Act, 2001 S.O, c.25, as amended, authorizes municipalities to enter into agreements; and AND WHEREAS under Section 4(1) of the Police Services Act, R.S.O. 1990, c.P.15, municipalities are required to provide adequate and effective police services in accordance with its needs; WHEREAS under Section 10 of the Police Services Act, R.S.O. 1990, c.P.15, the Solicitor General may enter into an agreement with the council of a municipality or jointly with the councils of two or more municipalities for the provision of police services for the municipality or municipalities by the Ontario Provincial Police; AND WHEREAS under Section 29, the Parties may amend the Agreement by written agreement; AND WHEREAS the Corporation of the Municipality of West Elgin, the Corporation of the Municipality of Bayham, the Corporation of the Municipality of the Township of Southwold, the Corporation of the Municipality of Central Elgin, the Corporation of the · Municipality of Dutton Dunwich and the Corporation of the Municipality of the Township of Malahide (herein after collectively called the "Elgin Group") seek to enter into a single amending agreement for the provision of Police Services by the Ontario Provincial Police; NOW THEREFORE the Council of the Corporation of the Township of Southwold enacts as follows: By-law No. 2022-68 OPP Agreement Page2 1. The Mayor and the Clerk are hereby authorized, on behalf of the Corporation of the Township of Southwold to enter into and execute under its corporate seal an agreement for the provision of Police Services with the Solicitor General of Ontario. 2. The Police Services agreement with the Solicitor General of Ontario shall also be authorized by the five other Municipalities, being the other members of the Elgin Group. 3. The Police Services amending agreement will commence on the 301h day of December 2022 and will conclude on the 31st day of December 2023. 4. A copy of said amending agreement shall remain attached to and form part of this by-law. 5. This By-law shall come into force and effect upon the final passing thereof. READ A FIRST AND SECOND TIME, CONSIDERED READ A THIRD TIME, AND Fl NALLY PASSED THIS Sth DAY OF AUGUST, 2022. CAO//J Jeff Carswell . ' THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN BY-LAW NO. 2727 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE AN AMENDING AGREEMENTWITH HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE SOLICITOR GENERAL FOR THE PROVISION OF POLICE SERVICES FOR THE ELGIN GROUP MUNICIPALITIES WHEREAS the Municipal Act, 2001 S.O, c.25, as amended, authorizes municipalities to enter into agreements; and AND WHEREAS under Section 4(1) of the Police Services Act, R.S.O. 1990, c.P.15, municipalities are required to provide adequate and effective police services in accordance with its needs; WHEREAS under Section 10 of the Police Services Act, R.S.O. 1990, c.P.15, the Solicitor General may enter into an agreement with the council of a municipality or jointly with the councils of two or more municipalities for the provision of police services for the municipality or municipalities by the Ontario Provincial Police; AND WHEREAS under Section 29, the Parties may amend the Agreement by written agreement; AND WHEREAS the Corporation of the Municipality' of West Elgin, the Corporation of the Municipality of Bayham, the Corporation of the Municipality of the Township of Southwold, the Corporation of the Municipality of Central Elgin, the Corporation of the Municipality of Dutton Dunwich and the Corporation of the Municipality of the Township of Malahide (herein after collectively called the "Elgin Group") seek to enter into a single amending agreement for the provision of Police Services by the Ontario Provincial Police; NOW THEREFORE the Council of the Corporation of the Municipality of Central Elgin enacts as follows: 1. The Mayor and the Clerk are hereby authorized, on behalf of the Corporation of the Municipality of Central Elgin to enter into and execute under its corporate seal an agreement for the provision of Police Services with the Solicitor General of Ontario. 2. The Police Services agreement with the Solicitor General of Ontario shall also be authorized by the five other Municipalities, being the other members of the Elgin Group. 3. The Police Services amending agreement will commence on the 30th day of December, 2022 and will conclude on the 31st day of December, 2023. 4. A copy of said amending agreement shall remain attached to and form part of this by-law. 5. This By-law shall come into force and effect upon the final passing thereof. READ A FIRST, SECOND, THIRD TIME AND FINALLY PASSED THIS 18th DAY OF AUGUST 2022. -.. ·--· ·----··-------··. ---,· ... ·-----------· ----- Municipality of Dutton Dunwich By-Law No. 2022-62 A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE AN AMENDING AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE SOLICITOR GENERAL FOR THE PROVISION OF POLICE SERVICES FOR THE ELGIN GROUP MUNICIPALITIES WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes municipalities to enter into agreements; and WHEREAS under Section 4(1) of the Police Services Act, R.S.O. 1990, c.P.15., municipalities are required to provide adequate and effective police services in accordance with its needs; and WHEREAS under Section 10 of the Police Services Act, R.S.0. 1990, c.P.15., the Solicitor General may enter into an agreement with the Co_uncil of a municipality or jointly with the Councils of two or more municipalities for the provision of police services for the municipality or municipalities by the Ontario Provincial Police; and WHEREAS under Section 29, the Parties may amend the Agreement by written agreement; and WHEREAS the Corporation of the Municipality of West Elgin, the Corporation of the Municipality of Bayham, The Corporation .of the Municipality of the Township of Southwold, the Corporation of the Municipality of Central Elgin, The Corporation of the Municipality of Dutton Dunwlch and the Corporation of the Municipality of the Township of Malahide (herein after collectively called the "Elgin Group") seek to enter into a single amending agreement for the provision of Police Services by the Ontario Provincial Police. NOW THEREFORE the Municipal Council of the Corporation of the Municipality of Dutton Dunwich enacts as follows: 1. The Mayor and the Clerk are hereby authorized, on behalf of the Corporation of the Municipality of Dutton Dunwich to enter into and execute under its corporate seal an agreement for the provision of Police Services with the Solicitor General of Ontario. 2. The Police Services agreement with the Solicitor General of Ontario shall also be authorized by the five other Municipalities, being the other members of the Elgin Group. 3. The Police Services amending agreement will commence on the 30th day of December 2022 and will conclude on the 31st day of December 2023. 4. A copy of said amending agreement shall remain attached and form part of this by-law. 5. This by-law shall come into force and effect upon the final passing thereof. READ a first and second time this 10th day of August, 2022. READ a third time and finally passed this 10th day of August, 2022. Tara Kretschmer, Acting Clerk By-Law No. 22-52 TOWNSHIP OF MALAHIDE Being a By-law to authorize the Mayor and Clerk to execute an amending agreement with her Majesty the Queen In Right of Ontario as Represented by the Solicitor General for the provision of Police Services for the Elgin Group Municipalities. WHEREAS the Municipal Act, 2001 S.O, c.25, as amended, authorizes municipalities to enter into agreements; and AND WHEREAS under Section 4(1) of the Police Services Act, R.S.O. 1990, c.P.15, municipalities are required to provide adequate and effective police services in accordance with its needs; WHEREAS under Section 10 of the Police Services Act, R.S.O. 1990, c.P.15, the Solicitor General may enter into an agreement with the council of a municipality or jointly with the councils of two or more municipalities for the provision of police services for the municipality or municipalities by the Ontario Provincial Police; AND WHEREAS under Section 29, the Parties may amend the Agreement by written agreement; AND WHEREAS the Corporation of the Municipality of West Elgin, the Corporation of the Municipality of Bayham, the Corporation of the Municipality of the Township of Southwold, the Corporation of the Municipality of Central Elgin, the Corporation of the Municipality of Dutton Dunwich and the Corporation oft-he Municipality of the Township of Malahide (herein after collectively called the "Elgin Group") seek to enter into a single amending agreement for the provision of Polic_e Services by the Ontario Provincial Police; NOW THEREFORE the Council of the Corporation of the Township of Malahide enacts as follows: 1. The Mayor and the Clerk are hereby authorized, on behalf of the Corporation of the Township of Malahide to enter into and execute under its corporate seal an agreement for the provision of Police Services with the Solicitor General of Ontario. 2. The Police Services agreement with the Solicitor General of Ontario shall also be authorized by the five other Municipalities, being the other members of the Elgin Group. 3. The Police Services amending agreement will commence on the 3Qth day of December, 2022 and will conclude on the 31st day of December, 2023. 4. A copy of said amending agreement shall remain attached to and form part of this by-law. 5. This By-law shall come into force and effect upon the final passing thereof. READ a FIRST and SECOND time this 21st day of July, 2022. READ a THIRD time and FINALLY PASSED this 21st day of July, 2022. Clerk, A. Adams DRAFTThis Third AMENDING AGREEMENT is from the 1st day of January, 2024 to the 31st day of December, 2025 BETWEEN: HIS MAJESTY THE KING IN RIGHT OF ONTARIO AS REPRESENTED BY THE SOLICITOR GENERAL (“Ontario”) -and- THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN THE CORPORATION OF THE MUNICIPALITY OF DUTTON/DUNWICH THE CORPORATION OF THE TOWNSHIP OF MALAHIDE (“the Elgin Group”) BACKGROUND A.The Parties entered into the Agreement for the provision of Police Services under Section 10 of the Police Services Act (the “Agreement”) which commenced onthe 1st day of January 2015. B.The Agreement includes all the Schedules and Appendices to the Agreement. C.Pursuant to Section 29,the Parties may amend the Agreement by written agreement. D.The Parties wish to further amend the Agreement as set out in this third Amending Agreement, by extending the duration of the contract to conclude on the 31st of December, 2025, as supported by: •Bylaw # TBD, dated the ## day of ###, 2023 of the Council of the Municipality of West Elgin (attached as Schedule “A-2”). •Bylaw # TBD, dated the ## day of ###, 2023 2022 of the Council of theMunicipality of Bayham (attached as Schedule “A-2”). •Bylaw # TBD, dated the ## day of ###, 2023 of the Council of the Township ofSouthwold (attached as Schedule “A-2”). •Bylaw # TBD, dated the ## day of ###, 2023 of the Council of the Municipality ofCentral Elgin (attached as Schedule “A-2”). •Bylaw # TBD, dated the ## day of ###, 2023 of the Council of the Municipality ofDutton Dunwich (attached as Schedule “A-2”). •Bylaw # TBD, dated the ## day of ###, 2023 of the Council of the Township ofMalahide (attached as Schedule “A-2). DRAFTNOW THEREFORE, the Parties agree as follows: 1.Section 26 of the Agreement shall be replaced with the following: 26. Notwithstanding the date upon which this Agreement is signed, the term of this Agreement shall commence on the 1st day of January 2015, and shall conclude on the earlier of (i) the 31st day of December, 2025 or (ii) the date that the Community Safety and Policing Act, 2019 comes into force. Relevant terms and conditions of the Agreement, that are not specifically amended but that relate to the amendments set out in this Amending Agreement shall be deemed to be amended so as to give effect to the changes herein. Except for the amendments set out herein, the terms and conditions of the Agreement remain in full force and effect and time shall remain of the essence. Notwithstanding the date upon which this Amending Agreement is signed, this Amending Agreement is effective as of the 31st day of December, 2023. FOR ONTARIO DO NOT SIGN DRAFT ONLY Deputy Solicitor General, Community Safety FOR THE Corporation of the Municipality of West Elgin Mayor DO NOT SIGN DRAFT ONLY Chief Administrative Officer Date signed by Municipality: FOR THE Corporation of the Municipality of Bayham Mayor DO NOT SIGN DRAFT ONLY Chief Administrative Officer Date signed by Municipality: DRAFTFOR THE Corporation of the Township of Southwold Mayor DO NOT SIGN DRAFT ONLY Chief Administrative Officer Date signed by Municipality: FOR THE Corporation of the Municipality of Central Elgin Mayor DO NOT SIGN DRAFT ONLY Chief Administrative Officer Date signed by Municipality: FOR THE Corporation of the Municipality ofDutton/Dunwich Mayor DO NOT SIGN DRAFT ONLY Chief Administrative Officer Date signed by Municipality: FOR THE Corporation of the Township of Malahide Mayor DO NOT SIGN DRAFT ONLY Chief Administrative Officer Date signed by Municipality: DRAFTSchedule “A-2” BY-LAW’S OF THE MUNICIPAL COUNCIL Elgin Group THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN THE CORPORATION OF THE MUNICIPALITY OF DUTTON/DUNWICH THE CORPORATION OF THE TOWNSHIP OF MALAHIDE REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: August 17, 2023 REPORT: CAO-44/23 SUBJECT: UPDATE OF BAYHAM BUILDING AND PLANNING FEES BACKGROUND At its September 1, 2022 meeting, Council received Report CAO-45/22 re Shared Review of Building and Planning Fees. The Report identified that Council desired to enter into a shared services arrangement with Malahide for Building, Planning, and By-law Enforcement services. The consultant working with both municipalities advised that technical adjustments to Municipal fees would be required to support the shared arrangement, including:  Harmonize Deposit amounts across Bayham/Malahide;  Consider new/higher Deposit amounts for upcoming sub-division driven development; and,  Develop an internal docketing system for staff billable time to be integrated in deposit drawdown system. The Report further identified that Malahide would be working with the consultant to conduct a comprehensive review of planning and building fees to ensure their sufficiency for covering costs of providing the services. Malahide reached out to ask if Bayham Council would be willing to participate as the adjacent municipality and in consideration of the shared services discussions ongoing between the two municipalities. Council was advised that the cost to the municipality would be half, or approximately $20,000. Council passed the following motion: Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report CAO-45/22 re Shared Review of Building and Planning Fees be received for information; AND THAT, subject to approval by the Township of Malahide, the Council of The Corporation of the Municipality of Bayham agrees to partner with the Township of Malahide on a joint review of building and planning fees, with an upset limit of $20,000+HST. At its June 15, 2023 meeting, Council received Report CAO-37/23 re Shared Services Update. The Report identified that the Municipality was looking into obtaining Cloudpermit to find efficiencies in the way shared Building Services could be provided between Malahide and Bayham. Council passed the following motion: Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report CAO-37/23 re Shared Services Update be received for information; AND THAT the appropriate appointment by-law be brought forward for Council’s consideration; AND THAT Council delegate authority to the Chief Administrative Officer (CAO) to negotiate and enter into a Service Agreement with Cloudpermit on behalf of the Municipality for implementation and use of Cloudpermit software. DISCUSSION In accordance with Council direction, staff worked with their counterparts at the Township of Malahide and Performance Concepts on a Report that outlined proposed changes to building and planning fees with the intent of properly accounting for staff and consultant time in the building and planning functions, moving the municipalities to cost recovery, and harmonizing fees, where possible. This Report is attached hereto. General Fees Proposed The proposed fees in the attached Report increase Bayham’s fees and building and planning, including a review of a planning fee-plus-deposit drawdown system to be used for the processing of various planning applications. The proposed fees are close or equivalent to those being used in Malahide and will ensure that Bayham is recovering necessary costs in both service areas while harmonizing fees in both, in accordance with the intent of the Shared Services MOU. The Report includes recommended fees that are based on formulas. For planning, this includes historic planning application types, technical and administrative efforts from Municipal staff and planning consultants, municipal consulting engineers, and general attributable overhead. It presents proposed fees as a “growth pays for growth” fee per application type because the amount of effort varies depending on the nature and complexity of a planning application, and further recommends a deposit drawdown for consulting efforts. For building, the same general approach is applied in a more straightforward manner due to fewer staff involved in the intake, review, and issuance of a building permit. Overall, the fees and drawdowns included and recommended in the Report are an increase, particularly as they apply to planning applications. The Report also outlines some examples for choice planning and building application types to demonstrate the impact of fee increases on certain development types. Building Services Generally, the intent of building fees is to cover the operations of the building department and any associated capital or administrative overhead required for department function. Historically, building services has operated in a surplus position, buoyed by steady increases in revenues received from permit fees. A table denoting 2019-2022 is below: Year Revenues Expenses Surplus (Deficit) 2019 $142,749 $106,247 $36,502 2020 $169,233 $123,738 $45,495 2021 $215,124 $151,573 $63,551 2022 $196,696 $150,025 $46,671 However, impacts via interest rate increases have decreased Bayham’s building revenues in recent months. As of the end of July 2023, Building revenues are $69,142.16 (actual) versus $128,000 (budgeted), which is 46 percent under budget projections. Further, when accounting for actual versus budgeted expenses, the building department in 2023, is in a $13,057 deficit versus the budgeted $38,724.00 surplus – a swing of ~$52,000 to the negative – and puts the building department to realize a deficit in 2023. This shift in building services profitability is due in part to changes over the last year in interest rates and inflation, which has impacted the degree to which larger development is sought by the industry. It is expected that depressed revenues may be a reality for the next year or so, which means that Bayham may be considering a 2024-2025 Operating Budget with a net deficit in building. Recognizing this, Council may opt to approve increased building permit and associated fees to increase revenue streams and move the building function back towards a cost recovery model, as with previous year-end Actuals. The harmonized fee structures are included on pages 21 (Agricultural), 22 (Industrial, Commercial and Institutional), 24 (Residential), 25 (Septic), and 26 (Miscellaneous) of the consultant Report, and generally seek to harmonize Bayham’s fees with Malahide’s existing. A primary exception is Residential, where, based on the examples provided, harmonization means that Bayham and Malahide meet in the middle of the current, existing fee structures while residential accessory buildings generally increase. The Report also identifies that it is appropriate that Bayham fund a Building Reserve to recession-proof the function, regardless of whether the function is provided by Bayham or through a shared service arrangement. Building must operate in a surplus annually to ensure an operating reserve transfer is possible and that Bayham may contribute, if needed, to building capital to provide building services in Bayham. Development Services The Municipality has historically run a deficit in Development Services. A table visualizing the last four (4) years is below, including 2023 (January through July). With respect to Development Services revenues versus expenses, it should be noted that the fees and other revenues collected generally cover the Salaries and Wages attributed to Bayham staff that administer the function, but do not cover the Consulting Fees accrued on the various planning applications received and processed by staff, nor the time involvement of other staff members outside of the core planning function. This means that the tax levy subsidizes planning applications, which lead to increased development in Bayham. Year Revenues Expenses Surplus (Deficit) 2019 $50,856 $152,548 ($101,692) 2020 $67,963 $171,884 ($103,921) 2021 $69,809 $146,489 ($76,680) 2022 $74,752 $163,441 ($88,689) 2023 (Jan-July) $47,370 $111,661 ($64,291) Council has shifted its stance on levy subsidies in recent years, most currently with respect to development charges and the principle that growth should pay for growth. Following this, the notion that development should pay for development is a reasonable one and would require the adoption of increased planning fees to bring Development Services closer to cost recovery, which is a tenet of the Municipality’s newest Community Strategic Plan for 2023-2026. The recommended fees are included on Page 15 of the consultant Report and vary depending on the complexity of an application. The fees also contemplate a mandatory pre-consultation fee on any planning application to which a pre-consultation applies. This is a new fee not currently charged by Bayham as a part of planning services; however, it is a fee that municipalities are moving towards as a cost recovery mechanism. As noted, Council has delegated authority to the CAO for entering into an Agreement with Cloudpermit for the platform. This Agreement has been executed. As a component of the platform, Cloudpermit will require detailed information on the Municipality’s building fees so the platform can calculate, based on those fees, the proper permit fee payable for every permit issued. This information must be provided to Cloudpermit at the front-end of the platform development, so Council consideration of any changes to building fees in this regard is timely and necessary to ensure that Cloudpermit and building services are utilizing the most recently-approved fees. Staff are seeking direction from Council regarding how to proceed with updates to Bayham building and planning fees. Direction provided by Council from this Report will be included in a comprehensive Rates and Fees By-law review, which is currently ongoing internally, with a Report and proposed Draft Rates and Fees By-law for Council’s consideration later this year. Staff recommend approval of the fees as presented, with same being formally brought forward as a part of a comprehensive draft Rates and Fees By-law later in 2023. Depending on the degree to which any new fees schedule for building and/or planning impacts revenues and satisfies Council’s initiative of moving services towards cost recovery, Council may in subsequent years choose to freeze or reduce fees as deemed appropriate. It is also anticipated that, as a part of a presented comprehensive draft Rates and Fees By-law, a provision will be included to tie fees to inflation as determined by the October Consumer Price Index, similar to how cost-of-living increases are calculated for non-union Bayham staff, which will reduce the requirement to bring a Rates and Fees By-law back to Council on an annual basis. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Investigate options for moving services to full cost recovery ATTACHMENTS 1. Report – Performance Concepts – Review of Malahide/Bayham Development Fees and Deposits RECOMMENDATION 1. THAT Report CAO-44/23 re Update of Bayham Building and Planning Fees be received for information; 2. AND THAT Council provide direction regarding the establishment of updated Building and Planning fees for the Municipality of Bayham; 3. AND THAT a comprehensive Rates and Fees By-law, inclusive of the updated Building and Planning fees, be presented to Council for consideration. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer Review of Malahide/Bayham Development Fees and Deposits Towards a Common Fees/Deposits Strategy for the Planning/Building Shared Services Model January 2023 2 Malahide/Bayham Development Fees/Deposits Review 1.0 Assignment Purpose & Background: A Shared Development Approvals Process (DAP) Service Delivery Model In 2020 Performance Concepts executed a Modernization Review for Malahide Township. The Modernization Review included recommendations around service sharing with East Elgin neighbours to deliver development approvals. In 2022 Performance Concepts was retained by Malahide Township to design a detailed/comprehensive shared services delivery model with Bayham. Shared services included Planning Approvals, Building Permits/Inspections, and By-law Enforcement. Following the completion of the 2022 shared services project in Q2, the respective CAOs secured support to proceed with implementation from both Malahide and Bayham Councils. Both Councils endorsed the recommended service sharing model(s), and a detailed service sharing agreement was drafted/adopted moving forward. Performance Concepts was then tasked with a critical shared services implementation assignment; the design of a harmonized cost recovery model for the Planning and Building components of the shared services model. The key deliverable from this Q4 2022 to Q1 2023 implementation assignment has been an activity-based costing calculation model and supporting analysis to rationalize/harmonize Malahide and Bayham’s pre-existing mix of Planning fees, draw-down deposits for outsourced Planning application work, and Building permit fees. The activity-based costing model and the fees and/or draw-down deposit tools generated during this assignment have been constructed to reflect the realities of the new adaptable Malahide/Bayham shared services delivery model. The new shared service/purchased service delivery model is fueled by a mix of municipal staff processing effort and outsourced consulting effort. Modernization Review Service Sharing Recommendation Detailed Service Sharing Model + Agreement -Planning -Building -By-law Fees/Deposits Harmonization -Planning -Building 2020 2022 2022-23 3 Malahide/Bayham Development Fees/Deposits Review 2.0 Shared Services Delivery Model for Planning Approvals Extracted from the 2022 Shared Services Report prepared by Performance Concepts, the following background information sheds operational light on the go-forward service delivery model for Planning services. The integrated service mapping (see figure below) documents the various staffing and contractor resources, as well as service delivery functional relationships across the two municipalities for Planning and Building services delivery. Malahide and Bayham staff will each participate in the Planning approvals model overseen by Malahide’s new Director of Development Services. Malahide’s new Director will oversee both Building and Planning shared delivery models, while avoiding the legal complexities of having Bayham staff “officially” report to Malahide staff that exist outside their organization. The two CAOs will manage legally tricky employee jurisdiction matters while ensuring the new Director of Development Services enjoys practical oversight/leadership of the model. The go-forward model retains the existing Planning Administrator/Planning Tech staff positions in both Malahide and Bayham. These two staff positions provide a critically important access point for public/applicants in each municipality (the knowledgeable/experienced face at the counter). An expanded CloudPermit workflow tool will be critically important in the modernized Planning approvals model, but it cannot and should not be seen as a substitute for staff-delivered applicant support in either Malahide or Bayham. Malahide Historic Application volumes Springfield servicing Bayham Historic Application volumes New sub-division demand IBIMonteith Brown Planning Technician Planning Technician Coverage + Capacity Sharing Common Portal/Workflow Tool Shared Leadership (Director of Development Services) * Designated Engineering Consulting Firm 4 Malahide/Bayham Development Fees/Deposits Review The go-forward model retains both existing Planning consultants in a shared portfolio. It will also require a go-to Engineering consulting firm back-end subdivision infrastructure design review and approvals. When appropriate any of these consulting firms can be deployed across files located within or beyond their historic client municipality (i.e., IBI in Bayham and Monteith Brown in Malahide). The shared portfolio of consultants will deliver the following benefits/efficiencies: o Secures additional coverage/capacity for both municipalities to pick between available Junior/Senior consultants o Controls billing rate growth by creating internal competition across firms o Secures contract consolidation benefits associated with longer/fixed term contract structure o Will secure a harmonized billing rate/secure supply of hours for Dev Eng. files 5 Malahide/Bayham Development Fees/Deposits Review 3.0 Shifting Provincial Mandates/Timeframes for Planning Approvals Development fees generate the non-tax revenues “fuel” to secure the staffing and consulting “muscle” that is required to execute timely, streamlined Development Approvals Process (DAP) service delivery. Mandated Provincial application processing timeframes are a major driver of DAP system design - including DAP fees/deposits and “growth pays for growth” cost recovery targets. Bill 108 - Timeframe Compression Bill 108 has significantly compressed the timeframes for Ontario municipalities to issue planning application decisions. If an Ontario municipality does not meet the “No Municipal Decision” timeframes set out in the figure below, applicants are empowered to make appeals to the Ontario Land Tribunal (formerly known as the LPAT or the OMB). The “No Municipal Decision” Provincial deadlines are measured in calendar days as opposed to business days. Bill 108 does not distinguish between time periods where the municipality has control of a planning file versus the timeframes where the applicant controls the file. It’s as if the necessary technical “ping pong” between municipalities and applicants (that eventually leads to an approval decision) does not exist! •Site Plan Section 41 “no municipal decision” trigger for OLT/LPAT is 30 calendar Days Pre-Bill 139 Bill 139 Bill 108 Official Plan Amendment or OPA/Re-Zoning Combo Pack 180 Days 210 Days 120 Days Re-Zoning 120 Days 150 Days 90 Days Subdivision Draft Plan 180 Days 180 Days 120 Days 6 Malahide/Bayham Development Fees/Deposits Review Bill 109 Fee Claw Backs Passed into law in 2022, Bill 109 has generated a transformative flurry of DAP process changes across Ontario. Notably, Bill 109 has created a series of punitive/graduated DAP fee claw backs if municipalities cannot achieve Re-zoning decisions or Site Plan approvals according to new compressed legislated timeframes. These fee claw back compressed timeframes are set out in the table below. All Site Plan, Re-zoning and OPA applications initiated as of January 1st, 2023, are impacted by the fee claw back provisions. Just like Bill 108, the new Bill 109 fee claw back timeframes are measured in calendar days, and there is no recognition of who is in control of an application/file at any given time - the applicant or the municipality. Moving forward, DAP fee design is materially impacted by the need for Ontario municipalities to mitigate the financial risks created by DAP fee claw backs (see figure below): Front-ending the DAP Service Delivery Model Municipal DAP staff teams across Ontario have been urgently considering alternative service delivery models to mitigate the financial risks to municipalities created by Bill 109 fee claw backs. A consensus is emerging among Ontario growth municipalities concerning potential new front-ended DAP processes. The figure below (next page) illustrates how a front-ended DAP model could function. The mandatory Pre-consultation process will be used by municipalities to compel applicants to produce near-perfect, highly prescriptive studies and external agency pre-approvals. These studies/pre-approvals at Pre-consult may well include confirmation of available servicing capacity for water/wastewater. 7 Malahide/Bayham Development Fees/Deposits Review Following Pre-consultation, growth municipalities will use DAP portals and rigorously defined application submission requirements to screen submitted applications. Instead of deeming application submissions complete based on “piece counts” of submitted materials, Ontario growth municipalities will engage in a “deep content dive” very similar to the deep content dive currently executed at the 1st Technical Review Cycle. The new “front-ended” deep content dive will result in many/most applications being deemed incomplete. Applicants will then have to provide a second detailed application submission to meet the new technically demanding definition of “complete”. The net result of the evolving new front-ended DAP process will be the equivalent of two Technical Review Cycles having been undertaken before the “Deemed Complete” clock has been activated and the fee claw back countdown commences. Applicants will need to ensure their initial application submission meets very high-quality standards in terms of prescribed content. For their part, municipalities will be under increasing scrutiny to provide detailed/transparent TORs, urban design guidelines, and technical engineering standards to support applicants in this new front-ended DAP processing model. The Province’s as-yet-unchanged transition date of January 1st, 2023 for imposing Bill 109 fee claw backs ensures a contentious and difficult transition to front-ending that is likely to generate numerous OLT appeals focused on “Deemed Complete” decision criteria and technical definitions. Fortunately, the proven Malahide and Bayham cost recovery approach to DAP (using draw- down deposits) can be deployed moving forward to reliably recover DAP processing effort expended during the Pre-submission period, during the Application Intake to Deemed Complete 8 Malahide/Bayham Development Fees/Deposits Review period, and during the period of Technical Review Cycles following the Deemed Complete decision. Fees refund $ risk exposure is reduced by using draw-down deposits instead. This flexibility will promote appropriate/reliable cost recovery should Malahide/Bayham choose to front-end Site Plan or Re-zoning file reviews in a fashion similar to larger Ontario growth municipalities. Fees and deposits can be repositioned to cover changes around when/where municipally funded processing effort is deployed over the life of an application. This flexibility will apply to County or Township application files. Historic Application Volumes The following historic volumes (i.e., workload) will need to be accommodated within the new shared service model 2020 2021 2022 (partial) Application Type Malahide Bayham Malahide Bayham Malahide Bayham Site Plans 0 5 6 8 1 3 Draft Plan 0 0 0 1 0 1 Zoning By-law Amendments 15 23 16 18 4 18 Minor Variances 8 14 12 26 4 6 Consents 10 14 18 18 6 1 Profile of Existing Contractor Firms Both municipalities access the following contractors/consultants to deliver Planning/DAP services (see Profiles table below). Monteith Brown IBI Annual Billings 2019 $85,446 $60,888 Annual Billings 2020 $98,501 $75,850 Annual Billings 2021 $68,311 $57,561 Annual Average Billings $84,087 $64,766 Hourly Rates – Senior $80 $150 Hourly Rates – Junior or Intermediate $60 $97 Malahide utilizes Monteith Brown (Planning/DAP files) on an ongoing/as needed basis. Bayham utilizes IBI (Planning/DAP files) on an ongoing/as needed basis. CJDL Consulting Engineers can provide both municipalities with required development engineering/peer review services on an as needed basis. For any future DAP files, a “wall of silence” will be required between contractor staff teams working for applicants and contractor staff teams working for Bayham/Malahide. Conversely contractors may be required to make a choice about which side of the street they are going to work - either for DAP applicants or for the municipalities granting DAP approvals. 9 Malahide/Bayham Development Fees/Deposits Review 4.0 Full Cost Fees + Deposits: Approach and Methodology Activity-Based Costing Methodology Planning, Engineering and Building full-cost fees/deposits have been calculated according to an Activity-Based Costing (ABC) methodology. The figure below illustrates the fundamentals of calculating full-cost DAP fees/deposits using an ABC approach. Costs are divided into Direct and Indirect categories. Direct costs are associated with municipal staff members (FTE positions) or external consultants that participate in DAP file review/processing. Municipal staff may work entirely or partially on DAP files (they may have non-DAP duties). Consultant billable hours flow directly to the applications/files that consume them. Indirect support costs of HR, IT, Finance, Clerks etc. are apportioned to the municipal staff directly involved in DAP. It is helpful to think of these indirect costs being carried in a backpack worn by each DAP staff participant. This imagery represents the total costs for each FTE/municipal staff member involved in DAP. To document the relative processing effort each DAP staff participant expends on various DAP application categories; it is necessary to develop detailed “one time” processing effort estimates using activity-based processing maps. Once relative shares of effort are allocated across the various fee buckets, then the same relative share of costs can be attributed to these same buckets. Dollars (costs) follow activity-based effort (processing hours) into fee categories (buckets). Fees/Deposits Derived from Full-Cost “Billable” Hours Mirroring Tracked Staff/Consultant Effort Across File Buckets Direct Costs Staff/Consultant Application Processing Hours Re-zoning files Site Plan files Hourly Rates 10 Malahide/Bayham Development Fees/Deposits Review Section 69 Planning Act Fees & “Growth Pays for Growth” Cost Recovery Design Section 69 of the Planning Act requires a municipality to design cost-based DAP fees on a rigorous application category-by-application category basis. Section 69 Planning fees can be calculated according to the municipality’s estimated application processing costs. Planning Act mandated DAP fees can be appealed to the OLT/LPAT at the time of payment, and each fee must be designed according to rigorous cost recovery standards; no cross-subsidization is permitted across DAP application categories. If a given Planning fee is set below its full cost recovery level, then municipal property taxes and no other fees must make up the cost recovery deficit. The legislation is clear – property tax subsidization is permitted but cross- subsidization across fees is not permitted. For purposes of cost recovery transparency, municipal budgeted costs of delivering DAP (wherever these costs are imbedded in a municipality’s organization structure) should be linked to corresponding cost recovery revenue streams. The municipal operating budget should firmly staple off-setting DAP revenues to its DAP cost centres; thereby producing a visible net property tax levy requirement (or not) associated with DAP workflows. In the professional opinion of Performance Concepts Consulting, a Draw-down deposit cost- recovery tool does not constitute a Section 69 Planning fee. Independent legal advice should be secured to confirm this non-legal perspective. Calculating Full Cost Planning Fees Full-cost DAP fee/deposit calculations are composed of the following cost categories. Direct Costs Direct costs used for fee/deposit calculations include staff salary/wage and benefit (SWB) information as well as a variety of non-SWB costs. Consultant billable hour costs that flow through to specific applications/files are also direct costs. Indirect Costs Indirect costs have been attached to all DAP participant positions using an overhead allocation top-up equivalent to 25% of direct SWB costs for each position. This allocation top-up percentage has been validated as appropriate across 20+ municipal DAP fee projects in Ontario conducted by Performance Concepts and or by Watson/Performance Concepts DAP fee consulting teams. It mirrors traditional cost-driver information sets used to allocate HR, IT, Finance staff costs within municipal Financial Information Return (FIR) allocations reported annually to the Province. 11 Malahide/Bayham Development Fees/Deposits Review Spreadsheet Fees Calculation Model A full-cost DAP fees Excel spreadsheet has been constructed for Malahide/Bayham. Fees have been calculated using a detailed salary and wage data set from the 2022 budgets. The DAP fees spreadsheet has security/privacy protection features to maintain confidentiality re. individual employee’s salary information. Harmonization of Deposit Drawdown/Fee Models Malahide and Bayham both utilize a deposit draw-down model for cost recovery purposes. Consultant billable hours are recovered for each separate planning/DAP file. Staff time is recovered from Section 69 Planning Act fees. The deposit draw-down model provides a powerful defence against newly legislated Bill 109 fee claw backs, and the model can be extended to recover staff billable hour costs as well as consultants. The following technical adjustments to the deposit draw-down model will be required moving forward:  Harmonize Deposit amounts across Bayham/Malahide  Consider new/higher Deposit amounts for upcoming sub-division driven development  Develop an internal docketing system for staff billable time to be integrated in deposit drawdown system (if and when required outside calculated flat DAP fees) 12 Malahide/Bayham Development Fees/Deposits Review 5.0 Calculated/Recommended Planning Application Fees & Deposits Current Fees + Deposits – Malahide + Bayham The current cost recovery model composed of fees and draw-down deposits is noteworthy. Malahide makes use of robust draw-down deposits to recover consultant generated effort but does do not make use of Planning Act fees to recover municipal staff effort associated with administrative effort or technical analysis. This incomplete approach to cost recovery is the same for County or Township application files. Non-recovered “orphaned effort” has been the result. In contrast Bayham utilizes a series of identical $1,000 Planning application fees and draw- down deposits. Despite significant variations in processing effort across Planning application categories the identical/simplistic $1,000 fee/deposit amounts unevenly capture staff or consultant processing effort. Significant orphaned processing effort is not being cost recovered in both jurisdictions. Taxpayers make up the difference in Planning approvals “growth pays for growth” cost recovery via the property tax levy. 13 Malahide/Bayham Development Fees/Deposits Review Municipal Staff Processing Effort/Analysis – Malahide + Bayham Facilitated working sessions with municipal staff teams from Malahide and Bayham were conducted to collect estimated average processing effort across a range of Planning application categories. These processing effort estimates are set out in the figure below. Processing effort estimates are attached to specific staff positions in both Malahide and Bayham. Confidential billable rates have been calculated for all involved positions. These rates include all SWB costs plus an overhead cost allocation to capture indirect support activities. Estimated staff effort expended in a new mandatory Pre-consultation process has also been documented to calculate a new fee. Outsourced Consulting Effort Summarization/Analysis - Bayham A data set documenting the use of outsourced Planning consultants to supply application processing effort has been conducted. The figure below documents consultant billable hour units of work and costs for Bayham files. This historic data set has been used to inform the appropriate $ value of harmonized draw-down deposits moving forward. 14 Malahide/Bayham Development Fees/Deposits Review Consulting Effort Summarization/Analysis - Malahide A data set documenting the usage of outsourced Planning consultants to supply application processing effort has been conducted. The figure below documents billable hour units of work and costs for Malahide files. This historic data set has been used to inform the appropriate $ value of harmonized draw-down deposits moving forward. Calculated Planning Fee Components + Draw-down Deposits Planning fee and deposit “costing” calculations have been broken down into component pieces to provide flexibility around fee recovery options versus draw-down deposit-based recovery (see figure below). Staff technical processing effort /costs could be recovered via a flat per application fee or by a deposit draw-down supported by billable hour time tracking - an approach identical to cost-recovering outsourced consultants. For purposes of this Report, municipal staff “Technical Effort” costs have been merged into an overall Planning application fee along with “Administrative Effort” costs. This approach can be altered if a deposit-based approach for recovering “Technical Effort” is deemed preferable. 15 Malahide/Bayham Development Fees/Deposits Review Calculated Full Cost Fees + Deposits The figure below sets out the fully costed “Growth Pays for Growth” Planning fees for Malahide/Bayham. No Community Benefit discounts to these fees have been applied. A discount in a common set of harmonized Planning fees is a policy choice of the involved Councils. Discounts would require non-recovered costs to be added to the property tax levy and would reflect an obligation from existing taxpayers to subsidize the economic benefits secured by applicants. Recommended Fees/Deposits versus Current Cost Recovery Tools Recommended new Planning fees will deliver significantly improved cost recovery for both Malahide and Bayham (see figure below). Malahide staff costs previously funded by the tax levy will now be recovered via an appropriately costed Planning fee. Under-recovering Bayham fees will be updated. Full cost recovery of outsourced consulting effort will continue on a billable hour basis. New Pre-consult fee/deposits instruments will ensure serious consultations receive priority over exploratory “tire kicking” exploratory sessions. The result will be an improved/efficient Pre-consultation model that conforms with municipal best practices. 16 Malahide/Bayham Development Fees/Deposits Review Full-Cost Planning Fees/Deposits - Impacts on the Cost of New Housing It should be noted that full-cost Planning fees and deposit draw-downs represent a relatively small portion of the total input costs for a new housing unit built in Malahide or Bayham. For instance, a future $750,000 housing unit in a 100-unit sub-division development would absorb approximately $5,098 in Malahide/Bayham Sub-division + Re-zoning DAP fees. The deposit draw-down burden could vary across applications based on complexity - assume a $6,000 impact. The same $750,000 unit would absorb an estimated $6,000 in downstream Development Engineering Review deposit draw-down costs (Post-Draft Plan). The approximate total of $17,000 in local municipal full-cost fees/deposit draws would constitute less than 2.5 percent of the $750,000 price of a single future unit. Adding the County’s $4,000 Sub-division fee brings the total fee/deposit burden to $21,000 - still less than 3% of the $750,000 single unit price. The cost recovery lesson is clear - housing construction/location decisions made by the development industry in Ontario (including Malahide/Bayham) are not materially impacted by the imposition of full-cost Planning/Engineering fees/deposits. There is no economic development/affordable housing rationale for not implementing full-cost fees/deposits. 17 Malahide/Bayham Development Fees Review Common Fee Strategy for a Shared Service Model 6.0 Purchased Service Delivery for Building Services Background Extracted from the 2022 Shared Services Report prepared by Performance Concepts, the following background information sheds operational light on the go-forward purchase-of- service model for Building services. Building services will be delivered by Malahide under the supervision of a common Chief Building Official for both municipalities who will also deploy/oversee Registered Code Agency resources (Associate CBO) formerly retained by Bayham. Harmonized Building By-laws, service delivery processes and KPI-derived service levels will be implemented over time. Building Code Act Legislative Challenges Ontario municipalities must comply with legislated timeframes for issuing building permit decisions (for complete applications) as well as the provision of mandated inspections following an applicant request/notification. These legislated timeframes for permits/inspections can represent a significant service delivery challenge in small, modestly staffed municipalities. When batched together at one point in time, the submission of multiple building permit applications can also represent a challenge for more robustly staffed growth municipalities. Malahide and Bayham both need to ensure they have the capacity/readiness to comply with the Province’s legislated timeframes. Malahide Historic permit & inspection volumes Bayham Historic permit & inspection volumes Sub-division generated permit volumes Associate CBO (Registered Code Agency) or Malahide Senior Inspector Malahide/Bayham CBO Harmonized fees schedule Harmonized service delivery processes Common Portal/Workflow Tool Shared Leadership (Director of Development Services) RSM Code Agency KPI derived service levels/targets imbedded in MOU/Agreementor $ 18 Malahide/Bayham Development Fees Review Common Fee Strategy for a Shared Service Model Forecast Development/Workload Pressures Economic/market conditions in the medium term will continue to generate robust development activity across broad swaths of southern Ontario.  Bayham – large subdivision applications are working their way through the system towards Draft Plan approval. Following Draft Plan approval detailed Eng. Review and lot registration will occur for multiple phases. The Bayham CAO estimates 600+ units will move forward through the Development Approvals Process (DAP)and then transition into Building Permit applications within the next few years.  Malahide – the Township is continuing to investigate/validate Springfield servicing requirements and potential/subsequent sub-divisions applications. The Watson DC Background Study and the 2021 Modernization Review Report by P. Concepts provides a possible/realistic unit forecast for serviced land in Springfield. High levels of residential Building permit activity will be produced if Springfield is serviced. Neither Malahide nor Bayham Councils have experienced the upcoming scale of greenfield/sub- division driven development or Building activity. The purchase-of-service shared Building Services model will need to build capacity/competencies in greenfield development approvals for sub-division and Site Plan driven growth that transitions into Building Permit applications and inspection workload.  The Building permit worst case scenario is all about capacity challenges (i.e., multiple complete residential building permit applications submitted at once with the same impossible-to-achieve 10-day legislated timeline). Processing workarounds will need to be developed based on growth municipality best practices. This problem is solvable. Building Permit Volumes Historic workload/application volumes in Malahide and Bayham are reasonably comparable and indicate a high probability of success when implementing a new purchase-of- service delivery model. 2019 2020 2021 Application Type Malahide Bayham Malahide Bayham Malahide Bayham Residential (houses) 22 18 30 23 23 35 Total Permits 173 179 239 178 240 189 Inspections 596 Not tracked 691 Not tracked 724 Not tracked 19 Malahide/Bayham Development Fees Review Common Fee Strategy for a Shared Service Model Building Permit Fees: Harmonization Readily Achievable Existing building permit fee structures/burdens in Malahide and Bayham are well positioned for harmonization (supporting borderless service provision) and full-cost recovery. However, building size square footage “triggers” for determining which building fees to apply do require significant harmonization across Malahide and Bayham (i.e., Farm or Commercial/Industrial triggers of 10,000 square feet versus 6,458 square feet). Malahide Bayham Residential – New $150 + $0.92/sq ft $150 + $0.92/sq ft ($1500 min) Residential – Accessory $150 + $0.43/sq ft $150 + $0.50/sq ft Farm Buildings <10,000 sq ft $150 + $0.43/sq ft <6458 sq ft $150 + $0.40/sq ft Farm Buildings >10,000 sq ft $150 + $0.43/sq ft first 10,000 + $0.37/sq ft > 10,000 >6458 sq ft $150 + $0.30/sq ft Commercial/Industrial/Institutional <10,000 sq ft $150 + $0.92/sq ft <6458 sq ft $150 + $0.40/sq ft Commercial/Industrial/Institutional >10,000 sq ft $150 + $0.92/sq ft first 10,000 + $0.82/sq ft > 10,000 >6458 sq ft $150 + $0.30/sq ft Expected Medium-Term Demand for Building Services Residential building activity is going to spike upwards in Bayham first, and then perhaps in Malahide if Springfield servicing proceeds as recommended in the 2021 Modernization Review already completed by Performance Concepts. Current Building service delivery processes or resourcing have not been configured to deal with upcoming demand/volume levels. The expansion of the Bayham Associate CBO contract to five days a week will absolutely be required once the timing of two major sub-division Draft Plan approvals in Bayham become clear. Taxpayers will not be negatively impacted by a billable hour expansion since Building Services cost recovery will be based on applicant permit fees. Building Fee Design and Processing Effort Calculations Like Planning fees, Building fees have been calculated based on estimated “one time” processing effort estimates (minutes) collected from both Malahide and Bayham staff teams. One-time processing effort estimates for a range of permit categories have been costed using staff billing rates calculated by Performance Concepts. These confidential billing rates include actual salary/wage/benefit costs plus a 25% overhead attribution for indirect support functions such as Finance/HR and IT. Cost per application data sets have been calculated for Malahide 20 Malahide/Bayham Development Fees Review Common Fee Strategy for a Shared Service Model and Bayham. Cost per application data sets have been compared for building fee harmonization purposes. All recommended harmonized building permit fee structures in this Report cover at least 100% of each municipality’s costs for core building application categories. Harmonized Fee Structure Options & Recommendations For the following major building permit categories Malahide and Bayham existing fees are presented for comparison against a recommended set of harmonized fees. Recommended fees always cover at least 100% of the “costed “staff processing effort estimates developed for Bayham and for Malahide. Fee revenues beyond “costed” processing effort will be re-deployed as an annual contribution to a joint Building Reserve Fund. Agricultural Permit Fees Staff processing effort estimates have informed the recommended new harmonized Farm Buildings permit fees of $150 plus 43 cents per square foot per standard application, or $4,500 plus 37 cents per square foot per large application. Other categories are less frequent and have not been subjected to activity-based costing. They remain relatively unchanged across the two municipalities. Bayham Description and Triggers Bayham Existing Adder Units Farm Buildings - new - up to 6,458 sq ft $150 $0.40 sq ft Farm Buildings - new - over 6,458 sq ft $2,087 $0.30 sq ft Farm Buildings - addition - up to 6,458 sq ft $150 $0.40 sq ft Farm Buildings - addition - over 6,458 sq ft $2,087 $0.30 sq ft Farm Buildings - renovations $150 $10.00 $000cv Manure Tanks $150 $10.00 $000cv Grain Bins $150 $10.00 $000cv Silos $150 $10.00 $000cv Bunker Silos $150 $10.00 $000cv Kilns $200 Flat Rate Corn Cribs $200 Flat Rate Grain Dryers $150 $10.00 $000cv 21 Malahide/Bayham Development Fees Review Common Fee Strategy for a Shared Service Model The following building scenarios illustrate the impact of selected recommended new farm building fees versus existing fees. The current Malahide fee structures become the harmonized new fees across the four building scenarios. Bayham building projects will experience a net increase in permit revenues across the various scenarios. 22 Malahide/Bayham Development Fees Review Common Fee Strategy for a Shared Service Model Industrial, Commercial & Institutional (ICI) Permit Fees Staff processing effort estimates have informed the recommended new harmonized Commercial/Industrial Buildings permit fees of $150 plus 92 cents per square foot for standard applications or $9,350 plus 92 cents per square foot for large applications. Other categories are less frequent and have not been subjected to activity-based costing. They are largely defined by existing Malahide fees. The recommended harmonized fees cover 100% or more of the “costed” processing effort in both municipalities. The following building scenarios illustrate the impact of selected recommended new commercial (i.e., plaza or office) fees versus existing fees. The current Malahide commercial fee structures become the harmonized new fees across the commercial building scenarios set out below. Bayham building projects will experience a net increase in permit revenues across the various scenarios. Bayham Description and Triggers Bayham Existing Adder Units I C I Buildings - new - up to 6,458 sq ft $150 $0.40 sq ft I C I Buildings - new - over 6,458 sq ft $2,087 $0.30 sq ft I C I Buildings - addition - up to 6,458 sq ft $150 $0.40 sq ft I C I Buildings - addition - over 6,458 sq ft $2,087 $0.30 sq ft I C I Buildings - renovations $150 $10.00 $000cv Harmonized Description and Triggers New Fee Adder Units I C I Buildings - new - up to 10,000 sq ft $150 $0.92 sq ft I C I Buildings - new - over 10,000 sq ft $9,350 $0.92 sq ft I C I Buildings - addition - up to 10,000 sq ft $150 $0.92 sq ft I C I Buildings - addition - over 10,000 sq ft $9,350 $0.92 sq ft I C I Buildings - renovations $150 $10.45 $000cv 23 Malahide/Bayham Development Fees Review Common Fee Strategy for a Shared Service Model Residential Permit Fees Staff processing effort estimates have informed the recommended new harmonized Residential Buildings permit fees of $1500 or $1,500 plus 92 cents per square foot for larger buildings > 1,500 square feet. Other categories are less frequent and have not been subjected to activity-based costing. They are defined by a mix of existing Malahide and Bayham fees. The recommended harmonized fees cover 100% or more of the “costed” processing effort in both municipalities. Malahide Description and Triggers Malahide Existing Adder Units Residential Dwellings - new - up to 5,000 sq ft $150 0.92 sq ft Residential Dwellings - new - over 5,000 sq ft $4,750 0.82 sq ft Accessory Buildings - up to 300 sq ft $279 Accessory Buildings - over 300 sq ft $279 $0.43 sq ft Garage - attached to new home $0 $0.44 sq ft Renovations $150 $10.45 $000cv Decks, ramps & wood stoves $294 Lot Grading Plan Deposit $1,000 refundable Occupancy Permit (within 2 years)$0 Occupancy Permit (after 2 years)$294 Bayham Description and Triggers Bayham Existing Adder Units Residential Dwellings - new - up to 1,500 sq ft $1,500 $0.00 sq ft Residential Dwellings - new - over 1,500 sq ft $1,500 $0.90 sq ft Accessory Buildings - up to 300 sq ft $150 Accessory Buildings - over 300 sq ft $300 $0.50 sq ft Garages, carports, etc - up to 300 sq ft $150 Garages, carports, etc - over 300 sq ft $300 $0.50 sq ft Renovations $150 $10.00 $000cv Decks, ramps & wood stoves $150 24 Malahide/Bayham Development Fees Review Common Fee Strategy for a Shared Service Model The following building scenarios illustrate the impact of selected recommended new residential and accessory building fees versus existing fees. A mix of Malahide and Bayham residential fee structures become the harmonized new fee across the residential and accessory building scenarios set out below. Bayham building projects will experience a net increase in permit revenues across the various scenarios. 25 Malahide/Bayham Development Fees Review Common Fee Strategy for a Shared Service Model Septic Permit Fees Recommended new Septic fees represent an integrated new mix of existing Malahide and Bayham fees. Malahide Description and Triggers Malahide Existing Adder Units Class 1 - small $620 Flat Rate Class 2-3 - small $620 Flat Rate Class 4-5 - small $620 Flat Rate Class 1 - large $1,350 Flat Rate Class 2-3 - large $1,350 Flat Rate Class 4-5 - large $1,350 Flat Rate Flat Rate Flat Rate Flat Rate Repairs $492 Flat Rate Flat Rate Plumbing $150 $10.45 fixture Swimming Pool $294 Flat Rate 26 Malahide/Bayham Development Fees Review Common Fee Strategy for a Shared Service Model Miscellaneous Permit Fees These new fees are primarily an extension of existing Bayham permit fees, although the new $186 Change of Use fee is an existing Malahide fee. Bayham Description and Triggers Bayham Existing Adder Units Change of Use $150 Flat Rate Other Inspections $150 Flat Rate Mobile Homes - as second dwelliing on farm $150 $10.00 $000cv Modular Homes $150 $0.60 sq ft Temporary Mobile Homes (approved by Council)$150 $100 renewal Temporary Mobile Homes (under construction) $150 Flat Rate Existing buildings moved to a new site $150 $0.50 sq ft Additions to moved structures (at move)$0 $0.50 sq ft Additions to moved structures (after move) $150 $0.50 sq ft Permit Transfer $150 Flat Rate Tents - temporary/special occasion $150 Flat Rate Solar Panel - roof mounted $200 Flat Rate Demolition permit $150 Flat Rate Harmonized Description and Triggers New Fee Adder Units Change of Use $186 Flat Rate Other Inspections (as deemed by CBO)$186 Flat Rate Signs $186 Flat Rate Mobile Homes - as second dwelliing on farm $186 $10.00 $000cv Modular Homes $186 $0.60 sq ft Temporary Mobile Homes (approved by Council) $186 $100 renewal Temporary Mobile Homes (under construction) $186 Flat Rate Existing buildings moved to a new site $186 $0.50 sq ft Additions to moved structures (at move)$0 $0.50 sq ft Additions to moved structures (after move) $186 $0.50 sq ft Permit Transfer $186 Flat Rate Tents - temporary/special occasion $186 Flat Rate Solar Panel - roof mounted $200 Flat Rate Demolition permit $186 Flat Rate 27 Malahide/Bayham Development Fees Review Common Fee Strategy for a Shared Service Model Reserve Fund Design and Related Permit Fee Considerations Malahide has an existing Building Reserve Fund balance in excess of $500k. Bayham does not have a Building Reserve Fund. Moving forward the recommended harmonized Building fee structures are expected to yield revenue streams that meet processing costs and reserve fund contributions for both municipalities. An ongoing series of annual Reserve Fund contributions will be made by projects in both municipalities and a segregated Reserve Fund model would be recommended. A segregated Reserve Fund would cover upcoming IT system upgrades (CloudPermit) and create a recession-proof delivery model with stable/predictable staffing in the event of temporary application volume reductions during a downturn. It is appropriate for Bayham permit activity to contribute to this segregated Building Reserve Fund. A new segregated Reserve Fund will also require Malahide to set a transparent target balance and manage a multi-year strategy for achieving that target balance across the borderless service area. Depending on the volume of permit applications in coming years, it may be necessary to adjust/soft land certain harmonized Building fee categories below the recommended levels in this Report in order to slow down the accumulation of Reserve Fund $ contributions from Malahide projects while ensuring Bayham projects continue to contribute their $ share. REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: August 17, 2023 REPORT: CAO-45/23 SUBJECT: SHARED SERVICES – MALAHIDE REQUEST TO WITHDRAW FROM PLANNING SERVICES PROVISIONS BACKGROUND At its January 19, 2023 meeting, Council was presented with By-law No. 2023-003, being a by-law to authorize the execution of a Memorandum of Understanding (MOU) between the Corporation of the Municipality of Bayham and the Corporation of the Township of Malahide for Shared Services in By-law Enforcement, Planning, and Building, and passed the following motion: Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT By-law Nos. 2023-003, 2023-004 and 2023-007 be read a first, second and third time and finally passed. The Township of Malahide advertised for a Director of Development Services position in January 2023. This position has been vacant in their organizational structure since the previous incumbent was appointed as their CAO in 2021. In support of this venture, Council received Report CAO-13/23 re Recruitment Committee – Director of Development Services – Shared with Township of Malahide at its February 16, 2023 meeting. The Report outlined that the “first step is for Malahide to recruit a Director of Development Services. This Director position would be available to Bayham staff as a “contracted service” for Planning matters, which will decrease Bayham’s reliance on third-party planning consultants by establishing planning resources in a vicinity.” Council passed the following motion: Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report CAO-13/23 re Recruitment Committee – Director of Development Services – Shared with Township of Malahide be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham accepts the offer from the Township of Malahide and appoints the CAO|Clerk, Mayor, and Deputy Mayor to the Recruitment Committee for the Director of Development Services position. Since this time, Malahide has reposted the advertisement for the Director of Development Services role, and the Recruitment Committee has been involved in three (3) interview processes with three separate candidates. However, the overall result was not positive and the municipalities were unable to formally hire a Director of Development Services. In light of the above, Malahide and Bayham’s Chief Administrative Officers have discussed on numerous occasions the best direction forward in this regard, recognizing that senior planning positions are at a premium at this time and recruitment over the last six (6) months has not been fruitful. DISCUSSION On August 8, 2023, Bayham received formal correspondence from Malahide, advising of their desire to withdraw from the Planning Services provisions in the Shared Services MOU, and desire to have Bayham Council consider and agree to the withdrawal by motion and formal correspondence provided to Malahide for their records. The correspondence was provided in accordance with direction from Malahide Council on August 3, 2023. The correspondence is attached. Bayham’s planning staff/resources currently comprises:  1 Planning Coordinator|Deputy Clerk  1 Consultant (Arcadis|IBI) Based on current capacity and intake of applications, Bayham will be able to continue to provide planning services to residents with the existing complement of resourcing at the Municipality’s disposal. Planning opinion will continue to be provided by Arcadis|IBI, and the Planning Coordinator|Deputy Clerk will, amongst their other functions, continue to conduct planning intake, respond to inquiries, and author Reports for Council’s consideration. The overall impacts to Bayham service provision are negligible in the short term. Staff recommend approval of the withdrawal and provision of formal correspondence. If, at some time in the future, Malahide wishes to reopen discussion regarding a shared planning approach, they would have to provide correspondence for Bayham Council to consider, and would require the reversal of any previous motion to permit the withdrawal. At this time, no formal amendment to the MOU is deemed necessary. Formal correspondence agreeing to the withdrawal is enough to satisfy the request, and does provide the option for Malahide’s re-entry without substantial revisions to the MOU to reintroduce the planning services provisions. STRATEGIC PLAN 3.3: Quality of Governance > To strategically engage in partnerships, joint ventures and other collaborative activities that leverage the Municipality’s resources and capabilities in order to achieve enhanced efficiencies and benefits for the community and its residents. Initiative(s): Initiate and review shared service arrangements ATTACHMENTS 1. Correspondence from the Township of Malahide, dated August 8, 2023, re Withdrawal from Shared Planning Services RECOMMENDATION 1. THAT Report CAO-45/23 re Shared Services – Malahide Request to Withdraw from Planning Services Provisions be received for information; 2. AND THAT the Council of The Corporation of the Municipality of Bayham agrees to permit withdrawal of the Township of Malahide from the Planning Services provisions in the Shared Services Memorandum of Understanding (MOU), adopted by By-law No. 2023-003; 3. AND THAT the Building and By-law Services components of the MOU shall be deemed to remain in force and effect; 4. AND THAT correspondence be provided to the Township of Malahide under the Chief Administrative Officer’s signature. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer August 8, 2023 Municipality of Bayham Box 160, 56169 Heritage Line Straffordville, Ontario N0J 1Y0 Dear Mayor Ketchabaw and Council, At its meeting held on August 3, 2023, Malahide Township Council discussed the ongoing efforts to recruit a Shared Director of Development Services under the executed Memorandum of Understanding between the Municipality of Bayham and the Township of Malahide. Since February, the joint recruitment committee advertised the position twice with professional associations that cater to municipal professionals such as Municipal World and the Ontario Professional Planners Institute. Over this time, the joint recruitment committee received interest from only a few qualified applicants. Recruitment was unsuccessful primarily due to the extremely competitive market for experienced professional planners. The trend in flexible work arrangements and the shared nature of the position seem to be contributing secondary factors. The delay in filling this position has been challenging for the Township. This challenge has been compounded by untimely turnover of other key positions within our organization. As a result, on August 3, 2023, the Malahide Township Council passed the following resolution: THAT Council agrees to issue correspondence to the Municipality of Bayham requesting that the Township’s responsibilities in relation to shared planning services under the municipalities’ Memorandum of Understanding be absolved. The Township is appreciative for the Municipality of Bayham’s partnership in our recently established shared building and by-law enforcement services. For the time being, the Township wishes to focus on the establishment of those key services while leaving the possibility for shared planning open for future consideration. Sincerely, Township of Malahide Adam Boylan Interim Chief Administrative Officer REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: August 17, 2023 REPORT: CAO-46/23 SUBJECT: QUITCLAIM OF MUNICIPAL INTEREST – REGISTERED PLAN 4 – VIENNA, 55106 VIENNA LINE BACKGROUND At its May 18, 2023 meeting, Council received Report DS-33/23 re Official Plan Amendment OPA-01/23, Official Plan Amendment No. 33, Lankhuijzen Farms Ltd., 55106 Vienna Line, Vienna. The Report proposed a site-specific Official Plan Amendment (OPA) to permit severance of an existing farm dwelling made surplus through farm consolidation that does not conform with Official Plan policy Section 2.1.7c). Council passed the following motion: Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Staff Report DS-33/23 regarding the Official Plan Amendment Application OPA-03/23 submitted by Lankhuijzen Farms Ltd. be received for information; AND THAT, pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held April 20, 2023 associated with this application, there was Agent presentation, no public submissions and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Council considers the proposed amendment to add a site-specific text section to be consistent with the Provincial Policy Statement 2020, and is in conformity to the Elgin County Official Plan and the Municipality of Bayham Official Plan; AND THAT By-law No. 2023-041, being an adopting By-law for Official Plan Amendment No. 33, for the purpose of adding a new site-specific sub-section to permit the severance of an existing dwelling made surplus through farm consolidation that does not conform to policy Section 2.1.7.1 which requires a dwelling to be owned by the farm operation within the Bayham municipal boundary in the Official Plan of the Municipality of Bayham, be presented for enactment; AND THAT adopted Official Plan Amendment No. 33 be forwarded to the County of Elgin for approval. At the time of drafting this Report, it is understood that OPA No. 33 is still awaiting County Council consideration. In preparation for potential future severance works and the development of a property survey to support same, the applicant contracted a local surveyor to complete the preliminary works. In June 2023, staff was advised of a previously unknown R-plan (Registered Plan 4) on the lands, which came up through the registry. Registered Plan 4 is proposed to contain twelve (12) lots and an unnamed street known on the Plan as West Street, known further as: Part of Lots 11 and 12, Concession 3, Lots 1-12, Lots East of West Street, Unnamed Street (West Street), Registered Plan 4, Geographic Township of Bayham, Municipality of Bayham, County of Elgin. DISCUSSION Registered Plan 4 straddles the west edge of Vienna, at 55106 Vienna Line. A copy of the Plan is attached hereto. The majority of the proposed subdivision and road in Registered Plan 4 is outside of the settlement boundary of Vienna. Under current Official Plan and Zoning By-law policies, the majority of these lands would not be recommended for intensive subdivision development as they are designated Agricultural, Natural Heritage, and Natural Gas Reservoir, zoned A1-A, and are generally outside Vienna as illustrated in Bayham’s Official Plan mapping, also attached for information purposes. Internal discussion has identified that the road proposed in Registered Plan 4 (West Street) was not dedicated by by-law, has not been improved by Municipal funds, and is not used by the public as a means of access. Staff has no interest in seeing this road developed and assumed by the Municipality. Based on the above information, the most expedient manner in which to address Registered Plan 4 is to register a quitclaim deed denoting the Municipality’s relinquishment of interest in the Plan and any infrastructure proposed within. It is also a best practice in this regard to advise Council via Information Report of the steps and processes being taken to relinquish said interest as is it considered an administrative manner to clean up on Property Identification Number (PIN) through Land Titles. Staff recommend receiving this Report for information purposes. STRATEGIC PLAN 1.1: Quality of Place > To invest in community infrastructure initiatives that create an effective foundation that contributes to Bayham’s quality of life and economic prospects Initiative(s): Focus on strategically encouraging urban development and growth ATTACHMENTS 1. Registered Plan 4 2. Official Plan mapping excerpt of area to which Registered Plan 4 applies RECOMMENDATION 1. THAT Report CAO-46/23 re Quitclaim of Municipal Interest – Registered Plan 4 – Vienna, 55106 Vienna Line be received for information. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-060 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN MATTHEW REDSELL AND DOROTHEE ASTBURY AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS Section 45 (9.1) of the Planning Act, R.S.O. 1990 c P.3 as amended provides in part that a Committee of Adjustment that imposes terms and conditions under subsection (9), may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions; A0D WHEREAS Matthew Redsell and Dorothee Astbury are the owners of lands in Concession South Gore South Part Lot 25, known municipally as 7363 Coyle Road, in the Municipality of Bayham, County of Elgin; AND WHEREAS the Municipality of Bayham Committee of Adjustment has granted Minor Variance Application A-06/23, including the requirement that the owners execute a development agreement for the placement of two (2) supplementary farm dwellings as per policies of Section 2.1.10 of the Official Plan and Section 45 of the Planning Act; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Development Agreement with Matthew Redsell and Dorothee Astbury fixed hereto and forming part of this By-law and marked as Schedule “A”. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17th DAY OF AUGUST 2023. MAYOR CLERK 1 SCHEDULE ‘A’ TO BY-LAW 2023-060 DEVELOPMENT AGREEMENT BETWEEN MATTHEW REDSELL AND DOROTHEE ASTBURY AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR LANDS LOCATED AT 7363 Coyle Road, Concession South Gore South Part Lot 25 Municipality of Bayham, County of Elgin 2 THIS DEVELOPMENT AGREEMENT made in duplicate this 17th day of August 2023. B E T W E E N: MATTHEW REDSELL AND DOROTHEE ASTBURY Hereinafter called the “OWNER” OF THE FIRST PART - AND – THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the “MUNICIPALITY” OF THE SECOND PART WHEREAS the Owner is the owner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being South Part Lot 25 Concession South Gore, more particularly described in Attachment “A” attached hereto (and hereafter referred to as the “Lands”); AND WHEREAS the Owner intends to add TWO (2) supplementary farm dwellings (an addition to the primary dwelling and one apartment in an accessory barn) as supplementary farm dwellings in accordance with the Conceptual Site Plan attached hereto, as Attachment “B” (hereafter referred to as the “Plan”) as granted through Minor Variance Application A-06/23 on July 6, 2023; AND WHEREAS the Municipality, as a condition of the location of the supplementary farm dwellings on the Lands, requires the Owner to enter into a Development Agreement under Section 45 of the Planning Act; NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Municipality as follows: 1. Minor Variance Application A-06/23 - The Owner agrees that TWO (2) supplementary farm dwellings – one being a portion of the existing primary dwelling with maximum floor area of 106 m2 and maximum capacity of two (2) year-round farm workers and a second supplementary farm dwelling unit in a portion of an existing permanent barn (north barn) with floor area maximum of 38 m2 and maximum capacity of two (2) year-round farm workers on the subject property is in general accordance with the area identified on the 3 attached Plan. (subject to SWPH approval) 2. The Owner shall be permitted to use the supplementary farm dwellings for year-round use for full-time workers. 3. The Owner agrees to decommission/remove the supplementary farm dwellings no more than two (2) years after the cash crop farm operation has ceased and/or additional farm labour is no longer required. 4. The Owner agrees to restore the property to original condition and maintain the site in accordance with the By-laws of the Municipality of Bayham. 5. The Owner further agrees: a) To provide written confirmation from the authorizing agency, Southwestern Public Health, and to the satisfaction of the Municipality, that there is sufficient on-site capacity for potable drinking water, and; b) To obtain a septic system permit and provide written confirmation from the authorizing agency, to the satisfaction of the Municipality, that the septic system has sufficient capacity to support the supplementary farm dwelling(s) and is operating properly, and; c) To obtain a building permit for the supplementary farm dwellings and provide written assurance that the dwellings satisfies safety and Ontario Building Code requirements 6. The Owner further agrees: a) That upon failure by the Owner to do any act identified herein, that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other remedy, may go in and do same at the Owner’s expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security, and; b) That nothing in this Agreement constitutes waiver of the owner’s duty to comply with any by-law of the Municipality or any other law. c) The Owner shall be responsible for consulting with and obtaining any and all necessary approvals from Southwestern Public Health and providing same to the municipality. d) The Owner shall satisfy all the requirements in relation to the fire protection for the building(s) in compliance with the Fire Code and ensure all facilities are inspected and in compliance to the satisfaction of the Municipality’s Fire Chief. e) The Municipality, through its servants, officers and agents, including its Chief 4 Building Official and Fire Chief, may, from time to time, and at any time, enter on the premises of the Owner to inspect the supplementary farm dwelling(s) for the purposes of ensuring public health and safety; fire protection; the provision of potable water; and the proper treatment and disposal of sewage. f) In the event of any servant, officer or agent of the Municipality, upon inspection, be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham, as hereinafter provided. g) In the event that the Owner should disagree with the opinion of the servant, officer or agent of the Municipality, as to the state of maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which after hearing the Owner, shall express its opinion as to whether the maintenance is satisfactory, by resolution, which shall constitute a final determination of the matter. h) In the event that an Owner shall fail to correct a deviation or deficiency after notice or after notice of an opinion, which the Council of the Municipality of Bayham determines is correct, the Council of the Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Owner, after two (2) weeks’ notice, to it by registered mail, at the last known address of the Owner, pursuant to the last revised assessment roll, at the expense of the Owner, which expense may be recoverable by action as municipal taxes. i) This Agreement and the provisions thereof, do not give to the Owner or any person acquiring any interest in the said lands any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its performance of the said obligations. j) The Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. k) The Owner agrees on behalf of themselves, their heirs, executors, administrators and assigns, to save harmless and indemnify the Municipality, from all losses, damages, costs, charges and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly as a result of any action taken by the Owner, pursuant to this 5 Agreement. l) All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereof, and without limiting other remedies available to the Municipality, the provisions of Section 326 of The Municipal Act, R.S.O. 1990, shall apply. m) This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Municipality shall be entitled, subject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. A copy of such registration shall be provided to the municipality upon completion. IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, duly attested to by their authorized signing officers in that behalf. We have the authority to bind the Corporation. Witness (signature) Matthew Redsell, Owner Witness (signature) Dorothee Astbury, Owner THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Ed Ketchabaw, Mayor Meagan Elliott, Clerk ATTACHMENT ‘A’ Assessment Roll # 3401-000-003-12300 Legal Description: Concession South Gore South Part Lot 25 Municipality of Bayham, County of Elgin Municipal Address: 7363 Coyle Road, Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-061 BEING A BY-LAW FOR THE USE, PROTECTION AND REGULATION OF PUBLIC PARKS AND RECREATION AREAS IN THE IN THE MUNICIPALITY OF BAYHAM WHEREAS Section 11 of the Municipal Act, S.O. 2001, as amended, provides that a municipality may pass by-laws respecting matters within the sphere of jurisdiction of Culture, Parks, and Recreation; AND WHEREAS Sections 425, 426 and 429 of the Municipal Act, 2001 S.O. 2001, chapter 25, states a municipality may pass By-laws providing that a person who contravenes a By-law of the municipality passed under this Act is guilty of an offence, no person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this Act or under a By-law passed under; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: SHORT TITLE This By-law may be cited as the ‘Parks By-law’ Section 1 - Definitions In this By-law: 1.1 ‘Beach Area’ shall mean any municipally-owned beach abutting water, and includes the washroom facilities, all walkways, playgrounds, grass areas, naturalized areas, parking lots, and any other built environment or feature associated with the beach including the shoreline area to the waters edge; 1.2 ‘Boulevard’ shall mean any part of a municipal road allowance except for the traveled portion of the road, the shoulder of the road or the sidewalk. 1.3 ‘Control’ shall include care, custody and responsibility for supervision. 1.4 ‘Council’ shall mean the Council of the Corporation of the Municipality of Bayham. 1.5 ‘Designated’ means an area defined or constructed for a specific use which may include posted conditions. 1.6 ‘Liquor’ shall have the same meaning as defined in the Liquor Licence Act, R.S.0. 1990, c. L-19 as amended. 1.7 ‘Motor Vehicle’ shall have the same meaning as defined in the Highway Traffic Act, R.S.0. 1990, c. H.8 as amended. 1.8 ‘Municipality’ shall mean the Corporation of the Municipality of Bayham. 1.9 ‘Municipal Law Enforcement Officer’ shall mean a person appointed by the Council of the Corporation of the Municipality of Bayham for the purpose of enforcing Municipal By-laws and for the purpose of this by-law shall include Ontario Provincial Police and the Manager of Public Works and Operations or designate. 1.10 ‘Natural Park Area’ means an area which may be an entire Park or part of a Park, preserved in its natural or near natural state or an area created to retain a natural state as open space and available for use by the public. 1.11 ‘Park’ means land and land covered by water and all portions thereof owned or made available by lease, agreement, or otherwise, to the Municipality, that is or hereafter may be established, dedicated, set apart, or made available for use as public open space, including a Public Park, Municipal Beaches, Pier and Natural Park Area as defined in this by-law, that has been or hereafter may be placed under the jurisdiction of the Municipality, including any buildings, structures, facilities, erections and improvements located in or on such land. 1.12 ‘Person’ shall mean an individual, corporation, partnership or sole proprietorship. 1.13 ‘Player's Benches’ shall mean the sitting or waiting area for the use of players who participate, but are not fielded, in a team sporting activity such as baseball. 1.14 ‘Playground Equipment’ includes slides, swings and other equipment provided for the use of young children within a defined area. 1.15 ‘Public Park’ shall mean an area of open land, maintained or owned by the Municipality or a public authority for the enjoyment, health and well-being of the public and normally open to the public. 1.16 ‘Refuse’ or ‘Debris’ shall include but is not limited to: i. animal waste and excrement ii. carcass, hides, bones or feathers of any animal or bird iii. construction and landscaping materials iv. celluloid cuttings, v. material or thing soaked in oil or gasoline vi. domestic waste vii. grass cuttings, leaves and vegetation viii. hay, straw and manure ix. manufacturers/industrial waste x. sawdust and shavings xi. sewage and paper sludge xii. snow and ice xiii. swill, soil, dirt earth or organic material xiv. tree branches or roots xv. wrecked, dismantled, discarded, inoperative or abandoned machinery, Vehicles, trailers, boats and their component parts, and includes Vehicles that appear by reason of their appearance, mechanical condition or lack of current permit plates to be inoperable, and tires; 1.17 ‘Recreation Area’ means an outdoor area or building or combination of both, under the Control of the Municipality which is maintained and/or supervised by employees of the Municipality and includes all Parks and every tennis court, skating rink, play area, community centre, skateboard facility, sports field, building or portion of a building which is owned, leased or used by the Municipality, including a school and school grounds, for purposes which include offering recreation to the public. 1.18 ‘Roadway’ means that part of a Recreation Area that is designed for use by Vehicles and Motor Vehicles. 1.19 ‘Trail’ shall mean that part of a Park that has been marked or posted for the purpose of hiking by the public. 1.20 ‘Tree’ means all trees, shrubs and saplings now or hereafter growing or planted upon any municipally owned land including Parks, Recreation Areas, and street Boulevards. 1.21 ‘Vehicle’ means a truck, automobile, motor cycle, motor scooter, minibike, trailer, Bicycle, carriage, wagon, sleigh, snowmobile, or any Vehicle or conveyance of every description and whatever the motive power, except a baby carriage or cart, child's wagon, child's sleigh, wheelchair or motorized assistive devices for persons with disabilities. 1.22 ‘Washroom’ means any permanent or temporary structure or portion of a structure located in Recreational Area that contains toilets or urinals and wash basins. Section 2 – General Provisions 2.1 In any Park or Recreation Area within the Municipality, no person shall: Vehicles and Parking 2.1.1 drive any Vehicle other than on the Designated Roadways or drive or ride or be in the care or Control of any Vehicle on any area which is not a Roadway, or which has any signage, gate or barricade showing that such area is closed to vehicular traffic; 2.1.2 use a motorized snow vehicle or motorized all-terrain vehicle; Personal Conduct 2.1.3 engage in riotous, boisterous, violent, threatening, lewd or illegal conduct or use profane or abusive language, including: i. making any verbal comments or physical gestures about or toward anyone that could reasonably be considered to be offensive, derogatory or abusive; ii. making noise likely to disturb any inhabitant or interfere with the enjoyment of the Park or Recreation Area through the use of electronic equipment or any other means; iii. urinating or defecating except in a Washroom facility; iv. engage in conduct that endangers the health and safety of himself, herself or others; 2.1.4 remain in a Park or Recreation Area after being requested to vacate the Recreation Area by a Municipal Law Enforcement Officer, or Police Officer; 2.1.5 plant any Tree or remove, cut down or injure any Tree in any Park or connecting ravine, Recreation Area or on Boulevards related thereto. Alcoholic Beverages 2.1.6 consume, serve, sell or possess Liquor without proper approval of the Municipality and the Alcohol and Gaming Commission of Ontario; Hours of Use 2.1.7 enter or remain in a Park or Recreation Area between 11:00PM and 5:00AM of the following day, except to the extent that the Municipality has specifically authorized the use of the Park or Recreation Area beyond 11:00PM. Vandalism and Damage to Property 2.1.8 climb, break, peel bark from, cut, remove, burn, deface or otherwise damage any Tree, shrub or bush, or pick, destroy or remove any flower, plant, roots, sod or rock; 2.1.9 remove, break, deface, or otherwise damage any monument, display, cage, pen, gate, seat, bench, picnic table, fence, posted sign, lock, barrier or any other equipment of the Municipality located therein; 2.1.10 willfully break, deface, or otherwise damage any of the gates, locks, bolts or fences or any of the seats or benches, buildings or other property or equipment or any other Municipal property; 2.1.11 willfully destroy, cut, mark, break, dig, tear up, burn, paint or write upon or in any way damage or deface any fountain, bridge, fence, wall, gate, Roadway, pavement, parking area, sidewalk or other facility, erection or improvement, or any building, or other structure or any appurtenance thereof or any swing, slide, playground apparatus, table, seat, bench, sign, vase, or other fixture, equipment or personal property or ornament or utility; 2.1.12 attach to or in any manner fasten to any Tree, any wire, rope, chain, cable, or other such devices; Animal Care & Control 2.1.13 cause or permit any animal under their Control or ownership to damage any Tree, shrub, bush, flower, plant or roots thereof; 2.1.14 permit a dog to defecate unless the owner or other person in charge of the dog forthwith removes the feces; Trash and Recycling 2.1.15 fail to deposit Refuse in containers provided or if containers are not provided fail to remove Refuse; Posting Notices 2.1.16 post any sign or poster on any pole, Tree, planter, building, fence, bench, picnic table, electrical transmission unit, lamp standard, or Municipal or utility company equipment of any kind; Weapons 2.1.17 carry, use or discharge any firearm, slingshot, bow and arrow, catapult or airgun or throw any stone or missile, except under specifically written permission from the Municipality; Beach Lifesaving Equipment 2.1.18 remove, break, deface, or otherwise damage any item of lifesaving equipment or any other equipment of the Municipality located at the Municipal Beach or Pier area. Section 3 – Beach Provisions 3.1 On any Beach Area within the Municipality, no person shall: 3.1.1 use any type of barbeque or device for the purpose of cooking or reheating food except where that barbeque or cooking device is contained within the beach house, or municipally approved/licensed refreshment vehicle. 3.1.2 erect a tent or structure that is greater than 10’x10’. 3.1.3 erect a tent or structure which has more than 1 opaque side and which affects the view of the shoreline without written municipal approval. 3.1.4 use, possess or deposit glass containers or bottles. 3.1.5 use a generator or other such devices that are powered by gas, diesel, propane or any other fuel. 3.1.6 set, permit, or maintain a fire. 3.1.7 discharge or permit to be discharged any fireworks, unless written municipal approval has been obtained. 3.1.8 play or practice sports in an area not set aside for that purpose, such as but not limited to: football, baseball, soccer, volleyball, spikeball, handball, golf except any other activity deemed by the Director of Public Works to be dangerous to the public safety 3.1.9 use a recording device to record persons, without that persons explicit consent 3.1.10 play or permit to be played any music containing profane or abusive language 3.1.11 sell, or offer, display, distribute or rent, expose or advertise for sale any merchandise or services without written municipal approval. 3.1.12 urinate or defecate except in washroom area. Section 4 – Activities Subject to Approval 4.1 No Person shall claim, attempt to claim or have exclusive use of any Playground Equipment, Natural Park Area, Park or Recreation Area within the Municipality. 4.2 Notwithstanding provision 3.1 of this by-law a person may claim exclusive use of areas of a Park or Recreation Area subject to the appropriate rental and rental agreement pursuant to the Rates & Fees By-law. Section 5 – Exceptions 5.1 Notwithstanding any provision of this by-law restricting the use of Motor Vehicles in any Park or Recreation Area, and for greater certainty only, a wheelchair or similar device (motorized or otherwise) used by an individual due to a disability may be used in any Park or Recreation Area including all pathways and the accessible portions of Trails. 5.2 Notwithstanding any provision of this by-law, Vehicles operated on behalf of an emergency medical service, fire department, police department, public utility, and the Municipality shall have full access to all parts of a Park or Recreation Area at all times where such access is possible. Section 6 - Enforcement 6.1 A Municipal Law Enforcement Officer may enforce the provisions of this by-law. 6.2 A Municipal Law Enforcement Officer may order a person believed to be in contravention of this by-law to: 6.2.1 cease the activity that is in contravention of the by-law; and/or 6.2.2 leave the Park, Recreation Area or any facility therein. 6.3 Upon the default of any person to do anything required to be done under the provisions of this By-law, or to repair any damage caused by any action prohibited by this By-law, the Municipality may, upon giving ten (10) days’ notice in writing to the said person, do the work required to be done, or repair the damages caused by the said person at the expense of the said person. All expenses incurred by the Municipality in doing the said works, including but without limiting the generality of the foregoing materials, labour, equipment, administration and legal expenses shall be paid by the said person and may be recovered by action in any court having jurisdiction. 6.4 The expenses as aforesaid shall bear simple interest from the date incurred at the rate of 1.25% per month until paid. 6.5 Users of Parks and Recreation Areas are subject to all applicable Municipal by-laws and all Provincial and Federal laws and regulations and all persons violating any by- law or law may be ordered to leave any Park or Recreation Area. Section 7 - Penalty 7.1 Any Person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence, exclusive of costs, as provided for in the Provincial Offences Act. 7.2 The court in which a conviction has been entered for contravention of this By-law and any other court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed by the court on the person convicted. 7.3 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Municipal Law Enforcement Officer while exercising any power or performing any duty under this By-law. Section 8 - Liability for Damages 8.1 The provisions of this By-law shall not be construed as relieving or limiting the responsibility or liability of any person utilizing a Park or Recreation Area for personal injury or property damage resulting from the use of a Park or Recreation Area or resulting from the negligence or willful acts of such person, or his or her agents or employees, in the utilization of a Park or Recreation Area. Likewise, the provisions of this section shall not be construed as imposing on The Corporation of the Municipality of Bayham, its officers, employees, servants, agents and contractors any responsibility or liability (whatsoever) by reason of the removal of any unauthorized utilization of a Park or Recreation Area. Section 9 - Administration 9.1 In this By-law, unless the contrary intention is indicated, words used in the singular shall include the plural and words used in the male gender shall include the female gender or vice versa, where applicable. 9.2 If there is a conflict between a provision in this By-law and a provision of any other Municipal By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. 9.3 This by-law applies to all Recreation Areas and Parks as defined in this by-law and any premises located therein which are under the ownership or management of the Municipality, together with the avenues, Boulevards, drives, ravines, trails, streets and approaches thereto and connecting the same. 9.4 Nothing in this by-law relieves any person of the responsibility for adhering to other applicable laws or for obtaining the approval of the Federal and Provincial governments or agencies thereof as required. Section 10 - Enactment, Repeal and Severability 10.1 This By-law shall come into full force and effect upon receipt of the approval of the set fine schedules as issued by the Regional Senior Judge of the Ontario Court of Justice, Central East Region. 10.2 As of the date upon which this by-law comes into force and effect, By-law No. 2017-124 shall be repealed in its entirety. 10.3 In the event any section or provision of this By-law is held invalid, the remainder of the By-law shall continue in force. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17th DAY OF AUGUST 2023. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-062 A BY-LAW TO AMEND BY-LAW 2023-053 BEING A BY-LAW TO APPOINT MUNICIPAL OFFICERS AND EMPLOYEES FOR THE MUNICIPALITY OF BAYHAM WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001 c.25, as amended, municipalities may appoint officers and employees as may be necessary for the purposes of the Corporation; AND WHEREAS Council adopted By-law No. 2023-053, being a by-law to appoint municipal officers and employees for the Municipality of Bayham, on June 15, 2023; AND WHEREAS the Municipality has entered into an Agreement with RSM Building Consultants Inc.; AND WHEREAS Section 11(3) of the Agreement requires the Municipality appoint certain individuals as building officials under Section 3(2) of the Building Code Act. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Section 1(15) – Building Official – By-law No. 2023-053 be amended to add Mike McKean as a Building Official for the Municipality of Bayham. 2. AND THAT this by-law shall come into force and take effect on August 17, 2023. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17th DAY OF AUGUST 2023. ______________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-063 A BY-LAW TO ADOPT THE CURBSIDE BULK GARBAGE PICK-UP PROGRAM POLICY WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a Municipality with the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Council of The Corporation of the Municipality of Bayham conducted a trial program for curbside bulk garbage pick-up in the Fall of 2022 and Spring of 2023; AND WHEREAS Council resolved on June 15, 2023 to continue the Program; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Curbside Bulk Garbage Pick-Up Program Policy attached hereto as Schedule “A” and forming part of this by-law is hereby adopted; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17th DAY OF AUGUST 2023. ____________________________ _____________________________ MAYOR CLERK Curbside Bulk Garbage Pick-Up Program Policy Section 1 - Purpose The Council of the Municipality of Bayham is desirous of offering a Curbside Bulk Garbage Pick-Up Program. This policy identifies details, eligibility, and process of the Program. Section 2 – Scope The Curbside Bulk Garbage Pick-Up Program will be offered during the third (3rd) week of the following months in a given calendar year: April, May, July, September and October. Residents of Bayham who receive regular garbage pick-up services are eligible to register for the program. Any eligibility discrepancies will be determined by the Manager of Public Works. Those wishing to register must fully complete the applicable online registration form and provide the fee prior to the noted deadline to be accepted. The fee for the Program is to be reviewed annually by Council. The current set fee is $25 per two (2) cubic meters of bulk garbage. Residents may register for multiple pick-ups per date at a time if required. There will be no refunds to this Program for any circumstance. Section 3 – Procedure Residents are to complete the online registration form on the Municipal Website for the Program. Pick-up dates and registration deadline details will be included on the online form. Individual registrations for each pick-up date is required. Residents that are unable to access the online form may request assistance from Municipal Staff for completion of the form. The applicable fee must be provided to the Municipal Office prior to the registration deadline. Accepted payment methods include cash, cheque, debit and e-transfer to payments@bayham.on.ca. E-transfers must include the property address in the “notes” section. Residents who provide payment but not a complete registration will not be added to the list. A list of Accepted and Not-accepted Items is available on the Municipal Website. Only Accepted Items are to be placed at the curb for pick-up. The Contractor has the right to refuse any items that are not considered Accepted Items. Any items deemed to not be Accepted Items will not be collected. It is the responsibility of the registrant to dispose of items that are not accepted and abide by all illegal dumping regulations. Section 4 – Administration The Curbside Bulk Garbage Program will be coordinated by Municipal Staff and Norfolk Disposal as the Contractor. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-064 A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE AN AMENDING AGREEMENT WITH HIS MAJESTY THE KING IN RIGHT OF ONTARIO AS REPRESENTED BY THE SOLICITOR GENERAL FOR THE PROVISION OF POLICE SERVICES FOR THE ELGIN GROUP MUNICIPALITIES WHEREAS the Municipal Act, 2001 S.O, c.25, as amended, authorizes municipalities to enter into agreements; AND WHEREAS under Section 4(1) of the Police Services Act, R.S.O. 1990, c.P.15, municipalities are required to provide adequate and effective police services in accordance with its needs; AND WHEREAS under Section 10 of the Police Services Act, R.S.O. 1990, c.P.15, the Solicitor General may enter into an agreement with the council of a municipality or jointly with the councils of two or more municipalities for the provision of police services for the municipality or municipalities by the Ontario Provincial Police; AND WHEREAS under Section 29, the Parties may amend the Agreement by written agreement; AND WHEREAS the Corporation of the Municipality of West Elgin, the Corporation of the Municipality of Bayham, the Corporation of the Municipality of the Township of Southwold, the Corporation of the Municipality of Central Elgin, the Corporation of the Municipality of Dutton Dunwich and the Corporation of the Municipality of the Township of Malahide (herein after collectively called the “Elgin Group”) seek to enter into a single amending agreement for the provision of Police Services by the Ontario Provincial Police; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized, on behalf of the Corporation of the Municipality of Bayham to enter into an execute under its corporate seal an agreement for the provision of Police Services with the Solicitor General of Ontario; 2. AND THAT the Police Services agreement with the Solicitor General of Ontario shall also be authorized by the five other Municipalities, being the other members of the Elgin Group; 3. AND THAT the Police Services amending agreement will commence on the 1st day of January, 2024 and will conclude on the 31st day of December 2025; 4. AND THAT a copy of said amending agreement shall remain attached to and form part of this by-law; 5. AND THAT this by-law shall come into force and effect upon the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17th DAY OF AUGUST 2023. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-065 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE HAMPTON MUNICIPAL DRAIN IMPROVEMENTS WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Parts of Lots 118 to 120, Concessions 5 and South Gore, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 220242, prepared by Spriet Associates, dated June 5, 2023, which is attached hereto as Schedule “A”, and forms part of this By-law. AND WHEREAS the estimated total cost of constructing the drainage work is $272,000.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No.220242, dated June 5, 2023 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith. 2. The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of $272,000.00 being the amount necessary for the drainage works or other tendered and awarded amount by Council. 3. The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) monies paid under Subsection #61(3) of the Act; and monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at the rate established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile Drainage Act as of the date of passing of this By-law. A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years after the passing of this by-law. 4. For paying the amount of $0 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $500.00 or less are payable in the first year in which the assessment is imposed. 6. This By-law comes into force on the passing thereof and may be cited as the “Hampton Municipal Drain Improvements”. READ A FIRST AND SECOND TIME THIS 17th DAY OF AUGUST 2023 AND PROVISIONALLY ADOPTED THIS 17th DAY OF AUGUST 2023. ____________________________ _____________________________ MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2023. ____________________________ _____________________________ MAYOR CLERK HAMPTON DRAIN Municipality of Bayham³ THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z758-2023 GREGORY UNDERHILL FARMS LTD. BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A” Map No. 14 by removing the north portion of the subject lands which will be shown on Schedule “I” Port Burwell. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “I” Port Burwell by adding the north portion of the subject lands with zoning symbol Special Agricultural (A2) and by changing the zoning symbol on the lands from A2 and Tourist Commercial (C3) to a site-specific Tourist Commercial (C3-1) zone, which lands are outlined in heavy solid lines and marked C3-1 on Schedule “I” to this By-law, which schedule is attached to and forms part of this By-law. 4) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal. READ A FIRST TIME AND SECOND TIME THIS 17TH DAY OF AUGUST 2023. READ A THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF AUGUST 2023. MAYOR CLERK Z758-2023 Z758-2023 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z759-2023 B & M CREVITS BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A” Map No. 12 by changing the zoning symbol on a portion of the lands from Agricultural (A1) to Rural Residential (RR) zone, which lands are outlined in heavy solid lines and marked RR on Schedule “A” Map No. 12 to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A” Map No. 12 by changing the zoning symbol on a portion of the lands from Agricultural (A1) to Special Agricultural (A2) zone, which lands are outlined in heavy solid lines and marked A2 on Schedule “A” Map No. 12 to this By-law, which schedule is attached to and forms part of this By-law. 3) 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 Land Tribunal. READ A FIRST TIME AND SECOND TIME THIS 17TH DAY OF AUGUST 2023. READ A THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF AUGUST 2023. MAYOR CLERK Z759-2023 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WATERFRONT ADVISORY COMMITTEE MINUTES PORT BURWELL EAST BEACH & TRACKLESS LOUNGE Port Burwell Beach & 56169 Heritage Line, Straffordville, ON Monday, July 17, 2023 5:00 p.m. PRESENT: CHAIR RAINEY WEISLER COMMITTEE MEMBERS EARL SHEA SERGE PIETERS MARNI WOLFE ASHLEY CARDINAL ED KETCHABAW (present from 6:24pm onwards as ex-officio) STAFF ATTENDANCE: CAO|CLERK THOMAS THAYER DEPUTY CLERK MEAGAN ELLIOTT 1. CALL TO ORDER Committee Chair Weisler called the meeting to order at 5:02 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. DELEGATIONS 4. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S) A. Minutes of the Waterfront Advisory Committee Meeting held May 16, 2023 Moved by: Committee Member Pieters Seconded by: Committee Member Wolfe THAT the minutes of the Waterfront Advisory Committee Meeting held May 16, 2023 be approved as presented. CARRIED 5. MATTERS OF BUSINESS A. Memo WAC-05/23 re Beach Tour The Waterfront Advisory Committee Meeting recessed from 6:02 – 6:24 pm to relocate to the Trackless Lounge for the remainder of the Meeting Moved by: Committee Member Shea Seconded by: Committee Member Wolfe 2 THAT Memo WAC-05/23 re 2023 Beach Tour be received for information; AND THAT the Waterfront Advisory Committee recommends to Council that a line item regarding annual bioswale maintenance be referred to the 2024 Operating Budget discussions; AND THAT the Waterfront Advisory Committee recommends to Council that staff be directed to provide an information Report to Council on the history of bioswale maintenance prior to 2024 Operating Budget discussions. CARRIED B. Memo WAC-06/23 re Outcome of Recommendations to Council Moved by: Committee Member Pieters Seconded by: Committee Member Cardinal THAT Memo WAC-06/23 re Outcomes of Recommendations to Council be received for information. CARRIED C. Memo WAC-07/23 re Community BBQ Input Moved by: Committee Member Pieters Seconded by: Committee Member Shea THAT Memo WAC-07/23 re Community Barbecue Location Input be received for information; AND THAT the Waterfront Advisory Committee recommends to Council that there be no further consideration for a community barbecue location at the Port Burwell East Beach at this time due to concerns of safety and surveillance, vandalism, and revenue/cost implications. CARRIED D. Memo WAC-08/23 re 2024-2033 Port Burwell East Beach / Pier Capital Items Moved by: Committee Member Cardinal Seconded by: Committee Member Pieters THAT Memo WAC-08/23 re 2024-2033 Port Burwell East Beach / Pier Capital Items be received for information; AND THAT the Waterfront Advisory Committee recommends to Council to consider a playground to be included in the 10 year Capital Budget discussions. CARRIED 6. ADJOURNMENT Moved by: Committee Member Wolfe Seconded by: Committee Member Cardinal 3 THAT the Waterfront Advisory Committee Meeting be adjourned at 7:25 p.m. CARRIED CHAIR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM MUSEUM ADVISORY COMMITTEE MINUTES MARINE MUSEUM 20 Pitt Street, Port Burwell, ON Wednesday, July 19, 2023 5:00 p.m. PRESENT: CHAIR SUSAN CHILCOTT COMMITTEE MEMBERS ROY SULLIVAN JEAN-ANN BARANIK ROBERT PONZIO ABSENT: RON BRADFIELD STAFF ATTENDANCE: PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL CLERK MEAGAN ELLIOTT CURATOR JENNIFER BEAUCHAMP CAO THOMAS THAYER (left at 5:37pm) 1. CALL TO ORDER Committee Chair Chilcott called the meeting to order at 5:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. DELEGATIONS 4. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S) A. Minutes of the Museum Advisory Committee Meeting held May 17, 2023 Moved by: Committee Member Baranik Seconded by: Committee Member Sullivan THAT the minutes of the Museum Advisory Committee Meeting held May 17, 2023 be approved as presented. CARRIED 5. MATTERS OF BUSINESS A. Memo MAC-05/23 re Museum Tour Moved by: Committee Member Ponzio Seconded by: Committee Member Sullivan 2 THAT Memo MAC-05/23 re Museum Tour be received for information. CARRIED B. Curator Monthly Reports Moved by: Committee Member Ponzio Seconded by: Committee Member Baranik THAT the Curator Monthly Reports be received for information. CARRIED C. Student Monthly Reports Moved by: Committee Member Sullivan Seconded by: Committee Member Ponzio THAT the Student Monthly Reports be received for information. CARRIED D. Memo MAC-06/23 re Capital Budget Moved by: Committee Member Baranik Seconded by: Committee Member Sullivan THAT Memo MAC-06/23 re 2024-2033 Port Burwell Marine Museum and Lighthouse Capital Items be received for information; AND THAT the Museum Advisory Committee recommends to Council to consider imposing a completion of works deadline of April 30, 2024 during Capital Budget deliberations for Capital Item FA-07 MM Accessible Washroom and Entrance; AND THAT the Museum Advisory Committee recommends to Council to have staff be directed to report to Council on what the expenses for moving the life boat into the Museum will be for possible Capital Budget consideration. CARRIED E. Memo MAC-07/23 re Lighthouse Funding Moved by: Committee Member Ponzio Seconded by: Committee Member Sullivan THAT Memo MAC-07/23 re Lighthouse Funding be received for information; 3 AND THAT the Museum Advisory Committee recommends to Council to have staff be directed to investigate and report to Council on how fundraising efforts for restoration of the Lighthouse can take place. CARRIED 6. ADJOURNMENT Moved by: Committee Member Baranik Seconded by: Committee Member Sullivan THAT the Museum Advisory Committee Meeting be adjourned at 6:28 p.m. CARRIED CHAIR CLERK ADVISORY BOARD & COMMITTEE RESOLUTION Date: August 17, 2023 To: Mayor & Members of Council From: Waterfront Advisory Committee Subject: Recommendations from July 17, 2023 WAC Meeting The Waterfront Advisory Committee respectfully requests the following motions to be considered by the Council of the Municipality of Bayham at the Regular Meeting of Council of August 17, 2023: Moved by: Committee Member Shea Seconded by: Committee Member Wolfe THAT Memo WAC-05/23 re 2023 Beach Tour be received for information; AND THAT the Waterfront Advisory Committee recommends to Council that a line item regarding annual bioswale maintenance be referred to the 2024 Operating Budget discussions; AND THAT the Waterfront Advisory Committee recommends to Council that staff be directed to provide an information Report to Council on the history of bioswale maintenance prior to 2024 Operating Budget discussions. CARRIED Moved by: Committee Member Pieters Seconded by: Committee Member Shea THAT Memo WAC-07/23 re Community Barbecue Location Input be received for information; AND THAT the Waterfront Advisory Committee recommends to Council that there be no further consideration for a community barbecue location at the Port Burwell East Beach at this time due to concerns of safety and surveillance, vandalism, and revenue/cost implications. CARRIED Moved by: Committee Member Cardinal Seconded by: Committee Member Pieters THAT Memo WAC-08/23 re 2024-2033 Port Burwell East Beach / Pier Capital Items be received for information; AND THAT the Waterfront Advisory Committee recommends to Council to consider a playground to be included in the 10 year Capital Budget discussions. CARRIED ADVISORY BOARD & COMMITTEE RESOLUTION Date: August 17, 2023 To: Mayor & Members of Council From: Museum Advisory Committee Subject: Recommendations from July 19, 2023 MAC Meeting The Museum Advisory Committee respectfully requests the following motions to be considered by the Council of the Municipality of Bayham at the Regular Meeting of Council of August 17, 2023: Moved by: Committee Member Baranik Seconded by: Committee Member Sullivan THAT Memo MAC-06/23 re 2024-2033 Port Burwell Marine Museum and Lighthouse Capital Items be received for information; AND THAT the Museum Advisory Committee recommends to Council to consider imposing a completion of works deadline of April 30, 2024 during Capital Budget deliberations for Capital Item FA-07 MM Accessible Washroom and Entrance; AND THAT the Museum Advisory Committee recommends to Council to have staff be directed to report to Council on what the expenses for moving the life boat into the Museum will be for possible Capital Budget consideration. CARRIED Moved by: Committee Member Ponzio Seconded by: Committee Member Sullivan THAT Memo MAC-07/23 re Lighthouse Funding be received for information; AND THAT the Museum Advisory Committee recommends to Council to have staff be directed to investigate and report to Council on how fundraising efforts for restoration of the Lighthouse can take place. CARRIED THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-066 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD AUGUST 17, 2023 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 Council meeting held August 17, 2023 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 17th DAY OF AUGUST 2023. ____________________________ _____________________________ MAYOR CLERK