HomeMy WebLinkAboutSeptember 07, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, September 7, 2023 7:00 p.m. 7:30 p.m. Planning Public Meeting The September 7, 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 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Council Meeting held August 17, 2023 B. Planning Public Meeting held August 17, 2023
C. Drainage Public Meeting held August 17, 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
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11.2 Reports to Council
A. Report PS-14/23 by Steve Adams, Manager of Public Works/Drainage Superintendent
re Hanging Basket Sponsorship Program
B. Report PS-15/23 by Steve Adams, Manager of Public Works/Drainage Superintendent
re Beach Accessibility Options
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Passing re ZBA-06/23 Gregory Underhill Farms Ltd. B. Notice of Passing re ZBA-07/23 Crevits C. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-10/23 Froese D. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-11/23 Shipway
E. Notice of Public Meeting re Proposed Official Plan Amendment OPA-04/23 Algar Farms
Ltd. 12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-51/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-08/23 Blatz, 12 Elizabeth Street
B. Report DS-52/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Zoning
Amendment ZBA-02/23 Thompson
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Township of the Archipelago re Resolution to Support Airbnb and VRBO Regulations B. Township of Killaloe, Hagarty and Richards re Support Airbnb and VRBO Regulations
C. City of Port Colborne re Support Airbnb and VRBO Regulations D. Town of Aylmer re Fire Communications Reserve E. City of Cambridge re Highway Traffic Act Amendments
F. The Township of Greater Madawaska re Request for Support – The Women of Ontario Say No
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G. Municipality of St. Charles re Support for Bill 5
H. Municipality of St. Charles re Highway Traffic Act Amendments
I. Municipality of Powassan re Women of Ontario Say No J. County of Northumberland re Use of Long Term Care Funding to Support Community
Care Services K. Township of Emo re Black Ash Tree Classification 13.1.2 Requiring Action
A. Wendy Carmichael re Parking Lots 13.2 Reports to Council A. Report CL-10/23 by Meagan Elliott, Clerk re 2024 Council Schedule B. Report CL-11/23 by Meagan Elliott, Clerk re Water & Sewer System By-law Updates C. Report CAO-48/23 by Thomas Thayer, CAO re Building Inspector/Deputy Chief Building Official Recruitment – Shared Services Building Services
14. BY-LAWS
A. 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
B. By-law No. 2023-067 Being a by-law respecting the municipal water supply system in the Municipality of Bayham and the establishment of water rates
C. By-law No. 2023-068 Being a by-law respecting the municipal pollution control system and municipal storm sewer system in the Municipality of Bayham and the establishment of sewer surcharge rates D. By-law No. 2023-069 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
E. By-law No. Z761-2023 Being a by-law to amend By-Law No. Z456-2003, as amended – Blatz F. By-law No. Z762-2023 Being a by-law to amend By-Law No. Z456-2003, as amended –
Thompson 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera 16.2 Out of Camera
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17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-070 Being a by-law to confirm all actions of Council
18. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES 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 was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT:
MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON *via Zoom
DAN FROESE SUSAN CHILCOTT
STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT
PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL BY-LAW ENFORCEMENT OFFICER STEPHEN MILLER FIRE CHIEF HARRY BARANIK
MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS MANAGER OF CAPITAL PROJECTS / WATER/WASTEWATER ED ROLOSON TREASURER LORNE JAMES *via Zoom 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 G CAO-47/23 by Thomas Thayer, CAO re Cost Estimate – Restoration of the Port Burwell Lighthouse 4. ANNOUNCEMENTS Councillor Chilcott reminded residents that the Watermelon Festival is this Saturday, August 26, 2023 at the Straffordville Community Centre grounds.
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5. PRESENTATIONS
A. Stephen Miller, Bayham/Malahide By-law Enforcement Officer re By-law Enforcement
Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the presentation from Stephen Miller, Bayham/Malahide By-law Enforcement Officer re By-law Enforcement be received for information. CARRIED
The Council Meeting recessed to correct a technical error at 7:07 pm.
The Council Meeting resumed at 7:11 pm. 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
Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the minutes from the Regular Council meeting held July 20, 2023 and the Statutory Planning meeting held July 20, 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
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
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The Council Meeting recessed to hold a Planning Public Meeting at 7:33 pm.
The Council Meeting resumed at 7:41 pm.
A. Report BL-04/23 by Stephen Miller, By-law Enforcement Officer re Zoning By-law
Enforcement Policy
Moved by: Councillor Chilcott Seconded by: Councillor Froese
THAT Report BL-04/23 re Zoning By-law Enforcement Policy be received for information;
AND THAT a Zoning By-law Enforcement Policy be brought forward for Council’s consideration with the approach outlined in Option 2 as contained within this report. CARRIED
The Council Meeting recessed to hold a Drainage Public Meeting at 7:58 pm.
The Council Meeting resumed at 8:19 pm.
B. Report PS-13/23 by Ed Roloson, Manager of Capital Projects/Water & Wastewater
Operations re MECP Consolidated Linear Infrastructure Environmental Compliance
Approvals
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report PS-13/23 re: MECP Consolidated Linear Infrastructure Environmental Compliance Approvals be received for information; AND THAT Council consider alternatives to storm water management ponds regarding future consideration of Storm Water Management facilities as components of development proposals. CARRIED
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 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT items 12.1.1 A & B be received for information. CARRIED
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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
Moved by: Councillor Froese Seconded by: Councillor Chilcott
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. CARRIED
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
Moved by: Councillor Emerson
Seconded by: Councillor Froese 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.
CARRIED
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C. Report DS-48/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-07/23 Crevits 56858 Tunnel Line
Moved by: Councillor Froese Seconded by: Councillor Emerson
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.
CARRIED D. Report DS-49/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E53-23 Pettigrew 6423 Plank Road
Moved by: Councillor Chilcott Seconded by: Councillor Froese 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
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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.
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
CARRIED
E. Report DS-50/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re
Development Agreement 7363 Coyle Road, Minor Variance A-06/23 Redsell
Moved by: Councillor Frose Seconded by: Councillor Chilcott
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; AND THAT By-law No. 2023-060 be presented for enactment. CARRIED 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
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
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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 Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT items 13.1.1 A – N be received for information;
AND THAT the Council of the Corporation of the Municipality supports item D - Town of Fort Erie re Controls on Airbnb, VRBO and Others Which Affect Municipal Rentals. CARRIED 13.1.2 Requiring Action
A. Linda Phillips Kelm re Jackson Line Traffic Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the correspondence from Linda Phillips Kelm re Jackson Line Traffic be received for information; AND THAT the matter be referred back to staff under the speed limit assessment policy for review and consideration.
CARRIED B. John and Donna Wilkinson re Dangerous Driving on Plank Road, Eden Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott
THAT the correspondence from John and Donna Wilkinson re Dangerous Driving on Plank Road, Eden be received for information;
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AND THAT staff be directed to forward this correspondence to the County of Elgin and
the Ontario Provincial Police. CARRIED
13.2 Reports to Council
A. Report TR-13/23 by Lorne James, Treasurer re 2023 Q2 Variance Report Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Staff Report TR-13/23 re 2023 Q2 Variance Report be received for information; AND THAT staff be directed to invest $1.5M on a one (1) year GIC with RBC at a 5.75%
interest rate. CARRIED B. Report CL-09/23 by Meagan Elliott, Clerk re Curbside Bulk Garbage Pick-Up Program Policy
Moved by: Councillor Chilcott Seconded by: Counillor Froese
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. CARRIED C. Report CAO-43/23 by Thomas Thayer, CAO re Contract Extension – Ontario Provincial Police – Elgin Group Policing Services Agreement Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-43/23 re Contract Extension – Ontario Provincial Police – Elgin Group Policing Services Agreement be received for information;
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;
AND THAT the appropriate authorizing by-law be brought forward for Council’s consideration. CARRIED
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D. Report CAO-44/23 by Thomas Thayer, CAO re Update of Bayham Building and
Planning Fees Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler THAT Report CAO-44/23 re Update of Bayham Building and Planning Fees be received
for information; AND THAT Council approve the recommended planning and building fees as presented in the consultant’s report; AND THAT a comprehensive Rates and Fees By-law, inclusive of the updated Building and Planning fees, be presented to Council for consideration.
CARRIED E. Report CAO-45/23 by Thomas Thayer, CAO re Shared Services – Malahide Request to Withdraw from Planning Services Provisions Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott THAT Report CAO-45/23 re Shared Services – Malahide Request to Withdraw from
Planning Services Provisions be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham agrees to
permit the 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; AND THAT the Building and By-law Services components of the MOU shall be deemed
to remain in force and effect; AND THAT correspondence be provided to the Township of Malahide under the Chief
Administrative Officer’s signature. CARRIED F. Report CAO-46/23 by Thomas Thayer, CAO re Quitclaim of Municipal Interest – Registered Plan 4 – Vienna, 55106 Vienna Line
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott
THAT Report CAO-46/23 re Quitclaim of Municipal Interest – Registered Plan 4 – Vienna, 55106 Vienna Line be received for information. CARRIED
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G. CAO-47/23 by Thomas Thayer, CAO re Cost Estimate – Restoration of the Port Burwell
Lighthouse Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler THAT Report CAO-47/23 re Cost Estimate – Restoration of the Port Burwell Lighthouse
be received for information;
AND THAT discussion regarding the restoration of the Port Burwell Lighthouse be referred to the 2024-2033 Capital Budget Special meeting, scheduled for October 3, 2023 CARRIED 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
Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT By-law No. 2023-061 be referred back to staff for amendments to Sections 2.1.1 and 2.1.16;
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AND THAT By-law No. 2023-065 be given a first and second reading;
AND THAT By-law Nos. 2023-060, 2023-062, 2023-063, 2023-064, Z758-2023 and Z759-2023 be read a first, second and third time and finally passed.
CARRIED 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 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the draft minutes from the Waterfront Advisory Committee meeting held July 17, 2023 and the draft minutes from the Museum Advisory Committee meeting held July 19, 2023 be received for information.
CARRIED
C. Recommendations to Council from the Waterfront Advisory Committee Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott THAT the recommendations to Council from the Waterfront Advisory Committee be received for information; AND THAT staff be directed to Report to Council with an informational report on the history of bioswale maintenance before the Operating Budget deliberations; AND THAT a line item regarding annual bioswale maintenance be referred to the 2024 Operating Budget discussions; AND THAT Council accepts the Waterfront Advisory Committee’s recommendation for no further considerations on a community BBQ at the Beach; AND THAT further discussion on a playground at the Port Burwell East Beach be referred to the Capital Budget Special Meeting.
CARRIED D. Recommendations to Council from the Museum Advisory Committee
Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler
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THAT the recommendations to Council from the Museum Advisory Committee be received for information; AND THAT any further discussion about a completion of works deadline for Capital Item FA-07 MM Washroom be referred to the Capital Budget discussion; AND THAT staff be directed to include expenses for moving the life boat into the Museum to the applicable Budget; AND THAT any discussions on fundraising efforts for the PB lighthouse be part of the Capital Budget deliberations. CARRIED 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
Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler
THAT Confirming By-law No. 2023-066 be read a first, second and third time and finally passed.
CARRIED 18. ADJOURNMENT
Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 10:18 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, August 17, 2023 7:30 p.m. A. Proposed Zoning By-Law Amendment ZBA-08/23 Blatz 12 Elizabeth Street B. Proposed Official Plan Amendment and Zoning By-Law Amendment OPA-05/23 & ZBA-09/23 Municipality of Bayham – General
The August 17, 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 *via Zoom DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL BY-LAW ENFORCEMENT OFFICER STEPHEN MILLER
FIRE CHIEF HARRY BARANIK MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS
MANAGER OF CAPITAL PROJECTS / WATER/WASTEWATER ED ROLOSON
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.
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4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
A. Proposed Zoning By-Law Amendment ZBA-08/23 Blatz 12 Elizabeth Street 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.
5. PUBLIC PARTICIPATION No public participation.
6. CORRESPONDENCE No correspondence received during the public comment period. Planning Coordinator M. Underhill noted that neighbour correspondence was received with the application and will be included with the future staff report. 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-08/23 is now complete at 7:36 p.m.
CARRIED APPLICATION B 9. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:37 p.m. 10. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
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11. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
The Chairman stated the purpose and effect of the proposed amendment.
12. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
B. Proposed Official Plan Amendment and Zoning By-Law Amendment OPA-05/23 &
ZBA-09/23 Municipality of Bayham – General 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. 13. PUBLIC PARTICIPATION
No public participation.
14. CORRESPONDENCE
Public Comments Received by August 10, 2023:
Wendy Carmichael, August 10, 2023, email 15. OTHER BUSINESS Planning Coordinator M. Underhill referred to the Notice of Public Meeting that states a
maximum two (2) additional residential units whereas it should have said up to three (3) in fully
serviced settlement areas. M. Underhill added that the Planner’s opinion was that there was no
need to republish the Notice as this is a new as-of-right permission as a result of Bill 23
Planning Act changes and will be included in the listed amendments coming forward in the
future staff report.
16. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott
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THAT the Official Plan Amendment and Zoning By-law be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Official Plan Amendment OPA-05/23 and Zoning Application ZBA-09/23 is now complete at 7:40 p.m. CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM DRAINAGE PUBLIC MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, August 17, 2023 8:00 p.m. – Hampton Drain Improvements
The August 17, 2023 Drainage Public Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON *via Zoom
DAN FROESE SUSAN CHILCOTT
STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT
PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL BY-LAW ENFORCEMENT OFFICER STEPHEN MILLER FIRE CHIEF HARRY BARANIK MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS MANAGER OF CAPITAL PROJECTS / WATER/WASTEWATER ED ROLOSON ENGINEER: JOHN SPRIET PUBLIC ATTENDEES: FAYE JOHNSON LARRY JOHNSON LINDA SMITH 1. CALL TO ORDER
Mayor Ketchabaw called the public meeting to order at 8:01 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared. 3. PURPOSE OF THE MEETING Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the public meeting is to consider the proposed reconstruction of the drainage as outlined in the Hampton Municipal
Drain Engineer’s Report #220242 dated June 5, 2023 as prepared by Spriet Associates.
Drainage Public Meeting Minutes August 17, 2023
4. STAFF PRESENTATION
A. Report DR-04/23 by Steve Adams, Manager of Public Works/Drainage Superintendent re Hampton Drain Improvements Steve Adams, Manager of Public Works/Drainage Superintendent provided an overview of the report and reiterated the purpose of the meeting.
5. ENGINEERS REMARKS
Mr. John Spriet provided an overview of the drain for reconsideration and walked through the changes from the previous report submitted in 2022.
6. PUBLIC PARTICIPATION Public attendees Faye Johnson, Larry Johnson and Linda Smith collectively asked clarifying
questions to the engineer about the petition process and their property benefits. Mr. Johnson noted his appreciation to the Drainage Superintendent for following up on their inquiries contained in the correspondence submitted prior to the meeting.
7. CORRESPONDENCE
One (1) item of correspondence was received by the Clerk on August 15, 2023 from Larry and Faye Johnson & Linda Smith. The correspondence was circulated to Council for information.
8. DISPOSITION Moved by: Councillor Froese Seconded by: Councillor Chilcott
THAT Report DR-04/23 re Hampton Drain Improvements Consideration Report be received for
information;
AND THAT, in accordance with Sections 44 to 46 of the Drainage Act, the Council of The
Corporation of the Municipality of Bayham hereby adopts Spriet Associates report #220242,
dated June 5, 2023, referred to as the “Hampton Drain” report;
ANDTHAT Provisional By-law No. 2023-065 be given first and second reading;
AND THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice of the
time and place of the first sitting of the Court of Revision to the affected parties pursuant to
Section 46(2) of the Drainage Act;
AND THAT a date of September 21, 2023 at 8:00 p.m. be set for the first sitting of the Court of
Revision.
CARRIED
Drainage Public Meeting Minutes August 17, 2023
9. ADJOURNMENT
Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT pursuant to the Drainage Act requirements, the Public Meeting is now complete at 8:18 p.m. CARRIED
MAYOR CLERK
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: September 7, 2023
REPORT: PS-14/23 SUBJECT: HANGING BASKET SPONSORSHIP PROGRAM
BACKGROUND
At its May 18, 2023 meeting, the Council of the Corporation of the Municipality of Bayham passed the following resolution to a Motion presented by Councillor Chilcott:
Moved by: Councillor Chilcott Seconded by: Councillor Froese
WHEREAS the Municipality of West Elgin offers a Hanging Basket Sponsorship Program to
help beautify their community;
AND WHEREAS the program offers residents the option to sponsor a hanging basket with
a plaque for a sponsorship fee;
AND WHEREAS Bayham currently offers a program for Bench Sponsorship;
AND WHEREAS a similar program for hanging baskets could be of interest to residents of
Bayham;
NOW THEREFORE BE IT RESOLVED THAT staff be directed to report back with
information on the viability of a Hanging Basket Sponsorship Program for Council’s
consideration.
DISCUSSION
The Municipality of Bayham currently operates two beautification programs:
Seasonal Banner Program
Seasonal Port Burwell Hanging Baskets
These programs are maintained by the Public Works staff and funded from the tourism
beautification operating budget for the overhead cost to plant and purchase flowers and
banners.
The Municipality currently funds twenty (20) hanging baskets in Port Burwell at a planting cost of
$600-$700 per year. These hanging baskets in addition to five (5) other baskets in Vienna,
which are sponsored by an individual, as well as 37 concrete planters in Port Burwell, five (5) in
Vienna and two (2) in Straffordville that are sponsored by the Port Burwell/Bayham Horticultural
Society and are watered daily. It is estimated that the current complement of hanging baskets
and concrete planters utilizes 11-15 hours per week or 300 hours annually plus a work truck to
conduct watering activities.
A sponsorship program may be a viable opportunity to create beautification throughout the
municipality with cost recovery. Pending year-to-year sponsorship, staff and Council would have
to reflect this within both the capital and operating budget.
Staff consulted with different municipalities regarding similar programs and the responses are
summarized in the table below. Although generally the feedback received was positive, there
were other useful insights that need to be considered.
Questions Answers
Does $100 per basket cover the Cost? Yes yearly planting cost?
Yes however not staff time and capital cost
Do you have sponsorship baskets in all parts of
your Municipality?
Only in the two larger towns due to travel time.
Only operate baskets along main corridor
Too many areas and too much staff time
Do residents have a choice where to choose the
location?
No, one of the designated areas
Yes, however within the area we operate the program
If you only operated the program in one town,
would sponsorship be lower?
Yes, as many residents and businesses request to see
them in their area.
No, as the program states the area they can sponsor
If you added areas to all parts of your municipality
with the option would they all be sponsored?
First two years we had many sponsors, after that it
declined.
Unfortunately we wouldn’t offer this, as to much staff
time.
Do you allow sponsorship at any time of the
season? Or only at the start?
The program ends in March, this allows time for
plaques to be made.
They can be sponsored at any time however a plaque
will only be installed before July.
Does the sponsor pick the flowers? No, staff decide on what is planted
No, garden center decides and plants the flowers
Other Comments Account for staff time
If you have in multiple areas be prepared to complete
these although you may not have sponsorship.
I would suggest areas as you will not want only 1 or 2
baskets hanging in a town. Create a area that this could
be completed and the municipality is comfortable
maintain without sponsorships.
To summarize these comments received from other municipalities, staff would recommend to
Council if they were to move forward with the program that the locations offered for the program
remain the same as the current locations. This will allow for the best use of staff time and
resources and will allow for lower operating costs. There would be additional capital costs such
as the hanger and basket which is around $200 per unit. If this proceeds, plaque donations
should be made once per year with a closing date for the plaque designs in early spring. The
sponsorship program could continue throughout the summer but a plaque may not be able to be
produced to match the sponsor after July. Staff contacted sign providers plaques would cost
between $20-40 pending the size of the plaque.
Currently in Port Burwell we have 27 brackets and only utilize 20 baskets. The original set up of
the brackets where installed on either side of the pole parallel to the roadway and the current
brackets are considerably small to attach a plaque that would be legible. If the program were to
move ahead, staff would suggest that the brackets be moved to the road side of the pole if
sponsorship plaques were added. This would also allow them to be read more visibly from the
roadway.
West Elgin utilizes a large bracket that incorporates the sponsorship and a large hanging
basket. The cost of these brackets range from $50-$100 and may need to be custom made. An
alternative to attaching them to the brackets, with hydro approval, would be attaching them to
the poles. However, this would not be a long term solution and correct brackets for plaques
would be a more viable option.
If the sponsorship program proceeds, staff would suggest that cost recovery at minimum for the
plants and plaques is necessary.
Staff seek Council’s direction with respect to a Program and policy. If Council wishes to consider
a Program, a policy would have to be brought back to Council for consideration. Council should
identify the area(s) within Bayham to which the Program would apply and refer further
discussion to the Capital and Operating Budget discussions, respectively, as this Program
would have implications for both.
STRATEGIC PLAN 2.1 Quality of Life > To work collaboratively with the community organizations and others in ensuring the availability of a diverse range of passive recreation, heritage, cultural and other community services that contribute to enriching Bayham’s valued quality of life.
Initiative(s): Not applicable.
RECOMMENDATION THAT Report PS-14/23 re Hanging Basket Sponsorship Program be received for information; AND THAT Council provide direction with respect to a Hanging Basket Sponsorship Program and Policy. Respectfully Submitted by: Reviewed by: Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works|Drainage Superintendent Chief Administrative Officer
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: September 7, 2023
REPORT: PS-15/23 SUBJECT: BEACH ACCESSIBILITY OPTIONS
BACKGROUND
At its June 1, 2023 meeting, Council received recommendations from the Waterfront Advisory Committee (WAC)’s May 16, 2023 meeting. Council passed the following motion:
Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler
THAT the Waterfront Advisory Committee resolution from the May 16, 2023 Meeting that includes recommendations to Council be received for information;
AND THAT staff be directed to report to Council on the cost implications of the Blue Flag Beach Status prior to the 2024 application; AND THAT staff be directed to report to Council prior to 2024 budget deliberations on alternative beach accessibility options other than mobimats. As approved in the 2023-2032 Capital Budget, Capital Item PR-13 Beach Accessibility Improvements for $50,000 is budgeted for 2027. Public feedback through the budget consultation has identified the desire for increased beach accessibility. Generally, comments concluded that the need for accessible mats that allow persons with accessibility needs to travel to the water’s edge are preferred.
In 2017, as part of Enabling Accessibility Grant Funding, the Municipality received funding for
the East Beach Accessible Viewing Platform. This platform was designed for allowing those with
disabilities to enjoy the beach area without entering the sand. The addition of five (5) accessible
tables were added in 2020. At that time there were comments to create a larger shaded area by
possibly utilizing sun sails. This item is also in the 2023-2032 Capital Budget under Item PR-13.
DISCUSSION
Accessible Beach Mats and Alternative Solutions
Accessible beach mats are designed to allow pedestrian traffic into the water or to the water’s
edge. Generally they are a smooth continuous surface without gaps that allows for easy push of
a wheelchair or easier walking surface for pedestrians. Noted below are three different design
solutions to beach access:
Accessible Portable Mats
Hard Permanent Walkway (concrete)
Wooden Boardwalk
Accessible Portable Mats (Staff Recommendation)
Product - Accessible mats can be purchased through multiple suppliers. These mats are
generally made of a recycled polyester material that are attached to the beach with hidden
stakes. This type of product generally has a 5-year product warranty. An Accessible Portable
Mat system provides a continuous pathway. Though not recommended, they could be installed
into the water’s edge. With these mats, different sizes can be installed to achieve platforms and
viewing areas. Advantages and Disadvantages - This is an advantage for an ever-changing shoreline as
there is options of removing or adding different lengths and multiple size pieces can be
purchased with additional add-ons. A second advantage is that sand can travel through the mat
providing less maintenance for sand removal. A disadvantage is shorter life than a hard surface
option of 5-10 years, generally lasting 10 years despite 5-year warranty. Staff would budget for
five-year replacement, however. A second disadvantage is annual storage and staff time
required for seasonal install and removal/haulage/storage.
Maintenance - This would include monitoring on a weekly basis for rips and loosened joints,
along with removal of sand build up and annual roll-up for winter storage, which comes with
operational budget implications.
Financial Impacts - pending size and length of mats (90 metres, approximately) and a storage
cart, this option would cost approximately $35,000.
Hard Permanent Walkway
Product - A concrete walkway would be constructed by our municipal concrete contractor. This
would be a reinforced sidewalk to edge of water. This would be a permanent walkway that
would not be able to be changed on an annual basis or if changes occur dynamically to the
beach, whether through seasonality or a longer trend.
Advantages and Disadvantages - An advantage of this option is that it is a permanent solution
and has a much longer life span of 25+ years. A disadvantage is that it cannot be extended or
shortened, pending water levels or dynamic changes to the beach, which can range within a
current season, changes from season- to-season, or be attributed to water pooling on the beach
area. As a result of these factors and that it is a permanent structure, LPRCA would need to
provide approval of the structure. An additional disadvantage is potential impacts to regular
beach grooming and having to navigate a structure that may be raised, depending on sand
levels.
Maintenance - Additional weekly maintenance to remove sand from the surface that would
affect the AODA standards and continuous removal of sand from the edges to prevent water
being trapped within the sidewalk would be required.
Financial Impacts - Based on 90 meters of sidewalk, the cost would be close to the temporary
cost, approximately $30,000-$40,000.
Wooden Boardwalk
Product - A wooden/composite boardwalk could be created above the sand to a max elevation
of 8 inches above the sand to create a wooden boardwalk that would extend to near edge of
water. Like concrete this would be a permanent structure that would not be able to be just for
height or length.
Advantages and Disadvantages - This would be a permanent solution, however life span
would be less than concrete as the boardwalk would be sitting close to the sand. Unlike
concrete, the surface would be wood or composite and joints every 6 inches that could create
tripping hazards overtime. In consultation with other municipalities that have boardwalks, bees
are a considerable problem with wooden boardwalks as they find many places to nest.
Maintenance - It is the opinion of staff that sand build up would be less, however continuously
smoothing edges and screw or nail heads would have to be maintained on a regular basis.
Unfortunately, like our bioswale, fence boards, and picnic table boards, there is the possibility
that these materials may be utilized for fires on the beach.
Financial Impacts -This could be the cheapest up front cost, however overall maintenance
would increase the operating cost, bringing the cost to $20,000.
With respect to the Hard Permanent Walkway and Wooden Boardwalk options, another
substantial disadvantage is its permanence in the context of winter and the effects of ice. Often
in the winter, the East Beach experiences a high volume of ice build-up on the shoreline and in
from the water line. There is a high probability that a permanent solution would be damaged
annually by seasonal effects and ice loading near the water’s edge, which is an additional
maintenance and Operating Budget consideration.
At this time with current staff complements, if Council were to move ahead with the additional
extension of the viewing platform that would bring pedestrians closer to the water’s edge, staff
would recommend not installing the walkway into the water. With the continuous change in the
water line and the need for staff to attend daily to ensure the walkway is in compliance of the
AODA standards this would be difficult to manage without utilizing full time staff 7 days a week
and could be an additional risk to Municipality.
Below are potential options to consider with the upcoming Capital Budget deliberations:
Accessible Beach Water Chair
These water chairs allow for easy access to the water across the sand for persons with mobility
difficulties. There are many different styles however are all very similar products. These chairs
would have to be supervised by staff and utilized through a rental program or first-come-first-
served basis. Financially, these chairs range from $3,500 - $ 7,500 each and are not currently
contemplated in the Capital Budget as drafted.
Accessible Water/Creek Swing Lift
A swing lift would allow access from a wheelchair to the water or boat. This would be stationed
on the pier with the option utilizing the beach side or utilizing the creek side which could be used
for chair lift into a boat. With this option, the ability would lower a person from a chair on the Pier
into the water or boat. A downfall to the beach side of the Pier is there is potential for sand build-
up in the location of the lift and the ability to lower into the water would be too shallow. The lift
would have to remain in the same location, as the base would have to be constructed within the
pier. Financially, a single lift would cost approximately $10,000 and is not currently
contemplated in the Capital Budget as drafted.
Accessible Playground/Swing
An accessible playground added to the beach area. A new playground/swing set can be added
to the beach area specially designed with accessibility in mind. Staff would seek proposals and
design ideas with a specific price point in mind. Generally at the beach this would make it
challenging as blowing sand may affect the play surface creating a high maintenance item.
Financially, high-level estimates would be in the range of $75,000 and was included as a
consideration in the Draft Capital Budget in Item PR-02. Further discussion on this was referred
to the Capital Budget Special Meeting on October 3, 2023.
Staff recommend receiving the above information for information at this time and referring
further discussion on beach accessibility and other enhancements to the October 3, 2023
Capital Budget meeting as the Capital Budget draft is already public on the website and unable
to be amended to include any adjustments Council may wish to beach-related items. STRATEGIC PLAN 1.2 Quality of Place > to develop policies, plan and strategies to continually enhance the visitor experience to Bayham, and increase the economic benefit of tourism to the community. Initiative(s): Enhance the Port Burwell East Beach
RECOMMENDATION
THAT Report PS-15/23 re Beach Accessibility Options be received for information;
AND THAT Council refer discussion on beach accessibility options and additional enhancements to the Port Burwell East Beach to Capital Budget deliberations.
Respectfully Submitted by: Reviewed by:
Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works|Drainage Superintendent Chief Administrative Officer
ZBA-06/23
PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z758-2023 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLILCANT: GREGORY UNDERHILL FARMS LTD. 55267 ORCHARD LINE
TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-
Law No. Z758-2023 on the 17th day of August 2023 under Section 34 of THE PLANNING ACT.
AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in
respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 7th
day of September 2023 a notice of appeal setting out the objection to the By-law and the
reasons in support of the objection.
THE PURPOSE of this By-law is to rezone the subject lands from ‘Tourist Commercial (C3)’ and
‘Special Agriculture (A2)’ to a modified ‘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 approved May 24, 2023.
ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the
Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or
group. However, a notice of appeal may be filed in the name of an individual who is a member of
the association or the group on its behalf.
NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal
unless, before the by-law was passed, the person or public body made oral submissions at a
public meeting or written submissions to the council or, in the opinion of the Ontario Land
Tribunal, there are reasonable grounds to add the person or public body as a party.
The complete By-law is available for
inspection by contacting the municipal
office.
DATED AT THE MUNICIPALITY OF BAYHAM THIS 18th DAY OF AUGUST 2023.
NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality.
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
ZBA-07/23
PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z759-2023 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: B & M CREVITS 56858 TUNNEL LINE
TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-
Law No. Z759-2023 on the 17th day of August 2023 under Section 34 of THE PLANNING ACT.
AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in
respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 7th
day of September 2023 a notice of appeal setting out the objection to the By-law and the
reasons in support of the objection.
THE PURPOSE of this By-law is to 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 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
surplus farm dwelling policies of the Official Plan, as part of the clearing of Consent Conditions
for Elgin Land Division Committee File No. E104-22 granted February 22, 2023.
ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the
Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or
group. However, a notice of appeal may be filed in the name of an individual who is a member of
the association or the group on its behalf.
NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal
unless, before the by-law was passed, the person or public body made oral submissions at a
public meeting or written submissions to the council or, in the opinion of the Ontario Land
Tribunal, there are reasonable grounds to add the person or public body as a party.
The complete By-law is available for inspection by contacting the municipal office.
DATED AT THE MUNICIPALITY OF BAYHAM THIS 18th DAY OF AUGUST 2023.
NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality.
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
ZBA-10/23 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: ISAAC AND MARIA FROESE
LOCATION: 57268 CALTON LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-10/23).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, September 7th, 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 Amendment is to rezone two portions of the subject lands, one
portion from ‘Agricultural (A1-A)’ to a ‘Rural Residential (RR)’ zone to permit residential use, and the remainder from ‘A1-A’ to ‘Special Agricultural (A2)’ as a result of a surplus farm dwelling severance, in Zoning By-law No. Z456-2003. The subject lands are known as 57268 Calton 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 E31-23.
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 30, 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 18th day of August 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
ZBA-11/23 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: CHARLES SHAW AND DEBBIE SHIPWAY
LOCATION: 10465 PLANK ROAD
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-11/23).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, September 21st, 2023, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. Planning Public Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel: https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg
THE PURPOSE of this By-law Amendment is to rezone the subject lands from ‘Rural Residential (RR)’ zone to a ‘site-specific Rural Residential (RR-xx)’ to permit new livestock uses, livestock-related buildings and structures, whereas Section 7.11.1 of Zoning By-law Z456-2003 does not
permit such uses within the ‘Rural Residential (RR)’ zone. The subject lands are known as 10465 Plank Road, west side, south of Maple Grove Line and north of Black Bridge Line.
THE EFFECT of this By-law will be to permit new livestock uses, livestock-related buildings and
structures on the subject lands to the existing ‘Rural Residential (RR)’ zone.
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, September 13, 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 31st day of August 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-04/23 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED OFFICIAL PLAN AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: ALGAR FARMS LIMITED
LOCATION: 53921 NOVA SCOTIA LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for an Official Plan Amendment (OPA-04/23), the County of Elgin is the Approval Authority for Official Plan Amendments.
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, September 21st, 2023, at 7:30 p.m. in the Municipal Council
Chambers, 56169 Heritage Line, Straffordville to consider a proposed Official Plan Amendment under Section 17 of the PLANNING ACT. Planning Public Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel:
https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg THE PURPOSE of the Official Plan Amendment is to add 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. The Subject lands are located at 53921 Nova Scotia Line, south side, east of Richmond Road and west of Saxton Road. THE EFFECT of this Official Plan Amendment will be to permit the severance of a surplus farm dwelling from a farm parcel where the owner does not own another dwelling within the Municipality of Bayham. 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, September 13, 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 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 31st day of August 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
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator
DATE: September 7, 2023
REPORT: DS-51/23 FILE NO. C-07 / D13.BLATZ
Roll # 3401-002-001-00502 SUBJECT: Rezoning Application ZBA-08/23 – Blatz, 12 Elizabeth Street, Grace Court
Zoning By-law No. Z761-2023
BACKGROUND
George Blatz has resubmitted a rezoning application to rezone a property at 12 Elizabeth
Street, located on the east side of Elizabeth Street, south of Wellington Street in the village of
Port Burwell. The lands are currently designated “Residential” with a Hazard Lands” overlay in
Schedule ‘D’ and further recognized as a Mobile Home Park as per Policy 4.6.1.3 of the Official
Plan and zoned site-specific Mobile Home Park (MH-3) on Schedule ‘I’ Port Burwell in Zoning
By-law No. Z456-2003. 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 No. Z456-2003. 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 addressed
between the parties involved. DISCUSSION The public meeting was held August 17, 2023 with no public comments or presentations. The previous concerns from the neighbours regarding services, access, buffering, and privacy have
been addressed between Mr. Blatz and the neighbours. Attached to this Report is public correspondence in favour of the rezoning application. Attached is the original planner’s memorandum dated, August 10, 2022, which is still relevant
Staff Report DS-51/23 Blatz 2
other than the neighbour’s concerns and provides an analysis of the application against the appropriate land use planning documents.
Staff and planner agree the rezoning application meets the policies and recommend approval to modify the MH-3 site-specific zone to add the residential dwelling unit to the existing accessory building, however, final third reading approval of the by-law would be subject to the applicant obtaining Site Plan Agreement approval for servicing and buffering/screening. STRATEGIC PLAN Not applicable. APPENDICES 1. Rezoning Application ZBA-08/23 2. IBI Group Memorandum, dated August 10, 2022, from original Zoning Application ZBA-
18/22 3. Written Public Correspondence
Laureena & Carl Smith and David & Donna Bolt, dated July 4, 2023, letter 4. Written Agency Correspondence
LPRCA, dated July 12, 2022, letter from original Zoning Application ZBA-18/22 5. Draft Zoning By-law No. Z761-2023 RECOMMENDATION THAT Report DS-51/23 regarding the Blatz rezoning application ZBA-88/23 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 August 17, 2023 associated with this application, there were no oral or written presentations, however it was noted that one item of correspondence from four neighbours in support of the amendment was received with the application 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 modifying the MH-3 site-specific zone to add an additional permitted use of one mobile home park manager residential dwelling unit in a portion of an existing accessory building at the property identified as 12 Elizabeth Street, subject to the applicant obtaining Site Plan Agreement approval for servicing and buffering/screening prior to Council accepting and approving the Third Reading of the Zoning By-law No. Z761-2023; AND THAT Zoning By-law No. Z761-2023 be presented to Council for First and Second Reading.
Staff Report DS-51/23 Blatz 3
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. Z761-2023 BLATZ 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 Section 12.12 Exceptions – Mobile Home Park (MH) Zone by adding the following
clause:
12.12.3.4 Additional Permitted Uses
One residential dwelling unit in the second storey of an existing accessory building with maximum floor area living space of 52 square metres and accessory storage in the ground floor of the accessory building.
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 7th DAY OF SEPTEMBER 2023.
MAYOR CLERK
READ A THIRD TIME AND FINALLY PASSED THIS ____ DAY OF ______________ 2023.
MAYOR CLERK
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator
DATE: September 7, 2023
REPORT: DS-52/23 FILE NO. C-07/ D13
Roll # 3401-000-006-06010
SUBJECT: Zoning Amendment ZBA-02/23 – Zoning By-law No. Z762-2023
Blayne and Kelsey Thompson, 10729 Plank Road
BACKGROUND
As Council will recall, Official Plan Amendment and Zoning By-law Amendment applications were submitted by Agent Trevor Benjamins, Cyril J. Demeyere Limited, on behalf of Blayne and Kelsey Thompson proposing a site-specific official plan amendment and zoning amendment on lands located
on the west side of Plank Road north of Maple Grove Line and known municipally as 10729 Plank Road.
At the regular meeting held April 20, 2023, Council passed the following motion: Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Staff Report DS-24/23 regarding the Official Plan Amendment Application OPA02/23 and Zoning By-law Amendment Application ZBA-02/23 submitted by Blayne and Kelsey Thompson 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 6, 2023 associated
with these applications, there were 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 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. 2023-029, being an adopting By-law for Official Plan Amendment No. 31, for the purpose to change the land use designation for 1.06 hectares (2.6 acres) of land from “Estate Residential” to “Industrial” on Schedule A1: Municipality of Bayham Land Use and addition of site-specific policy Section 3.9.2.4 for mechanical services business office and
DS-52/23 Thompson 2
warehouse use, subject to site-specific Zoning By-law Amendment and Site Plan Approval, in
the Official Plan of the Municipality of Bayham, be presented for enactment; AND THAT Official Plan Amendment No. 31, as amended, be adopted and forwarded to the County of Elgin for approval; AND THAT the draft Zoning By-law be presented to Council for consideration after such time as OPA No. 31 receives County of Elgin approval and the details of OPA No. 31 are finalized. On June 13, 2023, Elgin County Council approved, as modified, Amendment No. 31 to the Official Plan as adopted by By-law No. 2023-029. It is attached hereto as a red-line version. DISCUSSION The County modified OPA No. 31 to clarify the use and limit the scope of industrial use permitted on the
property through a Specific Policy Area designation. The OPA requires the zoning to reflect the change from Estate Residential (ER) to a site-specific Estate Residential (ER-13) zone to permit mechanical services warehouse and office use and accessory residential use; and to permit reduced rear yard
setback of 6.0 metres (19.7 ft.) whereas 10.0 metres (32.8 ft.) is the permitted minimum for the proposed building in Zoning By-law No. Z456-2003. Staff and planner present the draft zoning by-law for consideration. The Owners’ next step in the process will be a site plan agreement for the site development. STRATEGIC PLAN Not applicable. APPENDICES
1. County of Elgin Notice of Decision with OPA No. 31, as modified (red-line) 2. Draft Zoning By-law No. Z762-2023
RECOMMENDATION THAT Staff Report DS-52/23 regarding the Zoning By-law Amendment submitted by Blayne and Kelsey Thompson 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 6, 2023 associated
with the OPA No. 31 and the zoning amendment application, there were no public submissions and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z762-2023 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. Z762-2023
THOMPSON
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. 6 by changing the zoning symbol on the lands from Estate Residential (ER) zone to a site-specific Estate Residential (ER-13) zone, which lands are
outlined in heavy solid lines and marked ER-13 on Schedule “A” Map No. 6 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
Section 8.13 Exception – Estate Residential (ER) Zone by adding the following clauses:
8.13.13.1 Defined Area
ER-13 as shown on Schedule “A” Map No. 6 to this By-law.
8.13.13.2 Permitted Uses
Light Industrial uses, including a mechanical services warehouse and office use
and accessory residential use.
8.13.13.3 Minimum Rear Yard Setback
6.0 metres
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 7th DAY OF SEPTEMBER 2023.
READ A THIRD TIME AND FINALLY PASSED THIS 7th DAY OF SEPTEMBER 2023.
MAYOR CLERK
The Corporation of The Township of The Archipelago
Council Meeting
Agenda Number:15.2.
Resolution Number 23-131
Title:Request to Province to establish a regulatory framework for digital platforms such
as Airbnb and VRBO - Resolution to Support
Date:Friday, August 18, 2023
Moved by:Councillor Barton
Seconded by:Councillor Cade Fraser
WHEREAS the Council of the Township of The Archipelago has received a request for support from
the Town of Fort Erie with regards to Controls on Airbnb, VRBO and other global technology platforms
which affect municipal rentals;
NOW THEREFORE BE IT RESOLVED that the Council of the Township of The Archipelago hereby
supports the Town of Fort Erie’s resolution and requests the Government of Ontario to establish a
regulatory framework requiring digital platforms such as Airbnb and VRBO to:
Require owners using the digital platforms to comply with municipal planning and licensing
regulations; and
1.
Prevent advertising of properties that are not registered with the relevant municipality; and2.
Provide a contact with the platform to ensure ongoing and effective communications for
provincial and municipal officials; and
3.
BE IT FURTHER RESOLVED 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
BE IT FINALLY RESOLVED 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.
Carried
Page 1 of 1
August 23, 2023 Honourable Doug Ford
Premier of Ontario
99 Wellesley St. W., Toronto, ON M7A 1A1 Via Email: premier@ontario.ca
Dear Honourable Doug Ford:
Re: Township of Selwyn – Short Term Rentals
Please be advised that, at its meeting of July 18, 2023, the Council of The Corporation of the City of Port Colborne resolved as follows:
That correspondence from the Township of Selwyn – Short Term Rentals, be
supported.
A copy of the above noted resolution is enclosed for your reference.
Sincerely,
Saima Tufail Acting City Clerk
cc. Steve Clark, MMAH - minister.mah@ontario.ca MP Michelle Ferreri - michelle.ferreri@parl.gc.ca Local MP - dave.smithco@pc.ola.org Ontario's Municipal Councils
Municipal Offices: 66 Charlotte Street
Port Colborne, Ontario L3K 3C8 · www.portcolborne.ca
T 905.835.2900 ext. 106 F 905.834.5746
E saima.tufail@portcolborne.ca
Legislative Services
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
Office of the Chief Administrative Officer
The Corporation of the Town of Aylmer 46 Talbot Street West, Aylmer, Ontario N5H 1J7 Office: 519-773-3164 Fax: 519-765-1446
www.aylmer.ca
August 16, 2023
Re: Fire Communications Reserve
To Whom it May Concern,
At their Regular Meeting on August 9, 2023, the Finance Committee of the Town of
Aylmer passed the below resolution:
Moved by Member Vanraes, Seconded by Member Oslach.
That Report CAO 43-23, respecting Fire Communications Reserve, be received
for information; and,
That the Finance Committee of the Town of Aylmer direct staff to send
correspondence to the municipalities of Bayham, Central Elgin, Dutton-Dunwich,
Malahide, Southwold, and West Elgin outlining Aylmer’s establishment of a reserve
to fund our portion of anticipated costs associated with the required replacements
of the Fire Paging and Two-Way Communications equipment.
The motion is Carried.
Please find attached Report CAO 43-23 titled “Fire Communications Reserve” for further
information on the Town’s recommendation.
Thank you for your consideration, Chelsea Jibb Administrative Assistant/ Special Projects Manager | Town of Aylmer 46 Talbot Street West, Aylmer, ON N5H 1J7 519-773-3164 Ext. 4920 | Fax 519-765-1446 cjibb@town.aylmer.on.ca | www.aylmer.ca
cc: Allison Adams, Manager of Legislative Services/ Clerk aadams@malahide.ca Meagan Elliot, Clerk melliot@bayham.on.ca Tara Kretschmer, Clerk tkretschmer@duttondunwich.on.ca Lisa Higgs, CAO cao@southwold.ca
Magda Badura, CAO mbadura@westelgin.net
Delany Leitch, Deputy Clerk dleitch@centralelgin.org
The Corporation of the City of Cambridge Corporate Services Department Clerk’s Division The City of Cambridge 50 Dickson Street, P.O. Box 669 Cambridge ON N1R 5W8 Tel: (519) 740-4680 ext. 4585 mantond@cambridge.ca May 10, 2023 Re: Highway Traffic Act Amendments Dear Ms. Mulroney, At the Council Meeting of May 9, 2023, the Council of the Corporation of the City of
Cambridge passed the following Motion:
WHEREAS speeding on our roads is a major concern in our community,
AND WHEREAS speeding can occur in all areas of our community,
AND WHEREAS barriers and delays to enforcement pose a danger to our community,
AND WHEREAS our municipality has limited resources to implement speed mitigation
road design and re-design,
AND WHEREAS our local police service has limited resources to undertake speed
enforcement,
AND WHEREAS s.205.1 of the Highway Traffic Act (HTA) provides that Automated
Speed Enforcement systems (ASE) may only be placed in designated community
safety zones and school safety zones,
THEREFORE BE IT RESOLVED THAT, the City of Cambridge request that the
Ontario Government amend s.205.1 of the HTA to permit municipalities to locate an
ASE system permanently or temporarily on any roadway under the jurisdiction of
municipalities and as determined by municipalities and not be restricted to only
community safety zones and school safety zones;
AND THAT a copy of this resolution be forwarded to the Ontario Minister of Transportation, the Ontario Minister of Municipal Affairs and Housing, local area MPPs, the Association of Municipalities of Ontario (AMO) and all Ontario
Municipalities.
Should you have any questions related to the approved resolution, please contact
me. Yours Truly,
Danielle Manton City Clerk
Cc: (via email)
Steve Clark, Ontario Minister of Municipal Affairs and Housing Local Area MPPs Association of Municipalities of Ontario (AMO) All Ontario Municipalities
Council Resolution Form Date: 17 Aug 2023 No: Resolution No.199-23 Moved By: Councillor Popkie Seconded by Councillor Thomson Disposition: CARRIED. Item No: 12.08.2 Description: Request for Support - The Women of Ontario Say No
RESOLUTION: Whereas, all Ontarians deserve and expect a safe and respectful workplace; and Whereas, municipal governments, as the democratic institutions most directly engaged with 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 lower public perceptions of local governments; and Whereas, municipal Codes of Conduct are helpful tools to set expectations of council member behaviour; and Whereas, municipal governments do not have the necessary tools to adequately enforce compliance with municipal Codes of Conduct; and Now, therefore be it resolved that the Township of Greater Madawaska 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; and
Also 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 __________________________________ ___________________________________ Rob Weir, Mayor Robin Emon, Clerk
oflto
Vrtus .
The Gorporation of the Municipalityof St. Charles
RESOLUTION PAGE
Regular Meeting of Council
{genda Number: 10.2.
Resolution Number 2023-150
Title:
Date:
Resolution Stemming from May 17 , 2023 Regular Meeting of Council - ltem 9.1 -
Correspondence #4, 10, 1 1, 12, andl 9
July 19,2023
Moved by:
Seconded by:
Councillor Laframboise
Councillor Pothier
BE lT RESOLVED THAT Council for the Corporation of the Municipality of St.-Charles expresses
support for Bill 5 - Stopping Harassment and Abuse by Local Leaders Act, which would require the
Gode of Conduct for municipal Gouncillors and members of local boards to include a requirement to
comply with workplace violence and harassment policies and permit municipalities to direct the lntegrity
Conimissioner to apply to the Court to vacate a member's seat if the Commissioner's inquiry
determines that the member has contravened this requirement;
AND BE lT FURTHER RESOLVED THAT this Resolution be circulated to the municipalities
represented by the Westem Ontario Warden's Causus;
AND BE lT FURTHER RESOLVED THAT this Resolution be circulated to the Honourable Doug Ford,
Premier of Ontario; the Honourable Steve Clark, Minister of Municipal Affairs and Housing; the
Association of Municipalities of Ontario (AMO); the local Member of Parliament (MP); the local Member
of Provincial Parliament (MPP); and all Ontario Municipalities.
CARRIED
MAYO
otlLo
The Conporation of the Municipality of St. Charles. RESOLUTION PNCE
Regular Meeting of Council
{genda Number: 10.4.
Resolution Number 2023-152
Title: Resolution Stemming from May 17,2023 Reg
Correspondence #16) and the June 21,2023
- Correspondence #10)
Date: July 19,2023
ular Meeting of Council (ltem 9.1 -
Regular Meeting of Council (ltem 9.1
Moved by:
Seconded by:
Councillor Pothier
Councillor Lachance
BE lT RESOLVED THAT Council for the Corporation of the Municipality of St. Gharles hereby supports
the Resolution passed by the Gity of Cambridge, on May 9,2023, regarding Highway Traffic Act
Amendments;
AND BE lT FURTHER RESOLVED THAT a copy of this Resolution be foruarded to the Ministry of
Transportation (MTO); the Ministry of Municipal Affairs and Housing (MMAH); the Association of
Municipalities of Ontario (AMO); the local Member of Provincial Parliament (MPP) and all Ontario
Muncipalities.
CARRIED
YOR
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 August 18, 2023
Hon. Paul Calandra (Minister of Long-Term Care) Hon. Peter Bethlenfalvy (Minister of Finance) 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 – ‘Use of Long Term Care Funding to Support Community Care Services'
At a meeting held on August 16, 2023 Northumberland County Council approved the following Council Resolution # 2023-08-16-556 adopting the below recommendation from the July 31, 2023 Community Health Committee meeting.
Moved by: Councillor Lucas Cleveland Seconded by: Councillor Robert Crate
"That the Community Health Committee, having considered correspondence from the City of Pickering regarding 'Use of Long Term Care Funding to Support Community Care Services', 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 Paul Calandra (Minister of Long-Term Care), the Honourable Peter Bethlenfalvy (Minister of Finance), 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 all Ontario
Municipalities."
Council Resolution # 2023-08-16-556 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
Pickering Civic Complex | One The Esplanade | Pickering, Ontario L1V 6K7
T. 905.420.4611 | F. 905.420.9685 | Toll Free 1.866.683.2760 | clerks@pickering.ca | pickering.ca
Sent by Email
May 29, 2023
The Honourable Doug Ford Premier of Ontario Room 281
Legislative Building, Queen's Park Toronto, ON M7A 1A1 premier@ontario.ca
Subject: Re: Resolution – Use of Long-Term Care Funding to Support Community Care Services
Corr. 24-23 File: A-1400
The Council of The Corporation of the City of Pickering considered the above matter at a Meeting
held on May 23, 2023 and adopted the following resolution:
A copy of the original correspondence is attached for your reference.
Should you require further information, please do not hesitate to contact the undersigned at 905.420.4660, extension 2019.
Yours truly,
Susan Cassel City Clerk
SC:am
1.That Corr. 24-23 from Chris Bantock, Deputy Clerk, City of Stratford, dated April 17,2023, regarding Resolution – Use of Long-Term Care Funding to SupportCommunity Care Services, be received and endorsed; and,
2.That a copy of this Resolution be forwarded to The Honourable Premier Doug Ford,
The Honourable Paul Calandra, Minister of Long-Term Care, Matthew Rae, Memberof Provincial Parliament, Perth-Wellington, The Honourable Peter Bethlenfalvy,Member of Provincial Parliament, Pickering-Uxbridge, the Association ofMunicipalities of Ontario (AMO), and all Ontario Municipalities.
Corporate Services Department
Legislative Services
Re: Resolution – Use of Long-Term Care Funding to Support Community Care May 29, 2023
Page 2 of 2
Encl.
Copy: The Honourable Paul Calandra, Minister of Long-Term Care The Honourable Peter Bethlenfalvy, Member of Provincial Parliament, Pickering-Uxbridge Matthew Rae, Member of Provincial Parliament, Perth-Wellington
Chris Bantock, Deputy Clerk, City of Stratford
The Association of Municipalities of Ontario (AMO) All Ontario Municipalities Chief Administrative Officer
City of Stratford
Corporate Services Department
Clerk’s Office
City Hall, P. O. Box 818
Stratford, Ontario N5A 6W1
Tel: 519-271-0250, extension 5237
Email: clerks@stratford.ca
Website: www.stratford.ca
April 17, 2023
Via email: ltcminister@ontario.ca
Ministry of Long-Term Care
6th Floor, 400 University Avenue
Toronto, ON M5G 1S5
Dear Hon. Paul Calandra:
Re: Resolution – Use of Long-Term Care Funding to Support Community Care
Services
At their April 11, 2023 Regular Council meeting, Stratford City Council adopted the
following resolution requesting the provincial government to support community driven
home care services through the redirect of ministry beds in abeyance funding:
THAT staff be requested to send a letter to the provincial government to endorse the redirect of current ministry beds in abeyance funding towards the
support of community care services.
We kindly request your support and endorsement.
Sincerely,
Chris Bantock
Chris Bantock
Deputy Clerk
cc: Premier Doug Ford
Matthew Rae, MPP
Association of Municipalities of Ontario
All Ontario municipalities
Attachment
Corr. 24-23
I am submitting this letter with concerns and a request for action to address potential
difficulties. Currently it would appear that the pickle ball court and bandstand are underway.
They are positioned strategically so that they are close to the porta potty and many will enjoy
this. There is a significant concern I am bringing forward regarding parking. You are
discussing potential sale of a lot for a house but it will be a significant problem for parking if
this is not addressed with a parking lot to accommodate people using the park. I am not a part
of the Lions so I do not have an invested interest but I do know that their parking lot is private
with no room for vehicles on the municipal space remaining. I know that the buses load and
unload in the parking lot for school and parents park in that lot or on Snow Street waiting for
their little ones and dropping them off. We live on Snow Street and will move our vehicles in
our driveway at times to accommodate vehicles overflow at the hall just to be a good
neighbour and because it is our community. Oak s=Street continues to be overburdened with
vehicles from the developer at the corner of Fulton and Oak streets. I am not in any way
complaining about this even though there are no flagmen and it can be a bit of a hazard at
times when trying to go up or down Oak Street. The only areas to park for the activities will
be Ann Street and that will cause congestion and be an added safety concern for the many
children in the area. The land you have suggested subdividing for a lot would be better used
for a large parking lot similar to Straffordville. If we are fortunate enough to have teams for
children oneday or activities in the park we will need parking. The park on Plank Road
experiences flooding so this is the one healthy and safe greenspace.
While speaking of parking lots, I would ask that you consider using the municipal lot across
from the museum on Plank line for another parking lot for activities that occur in the park and
the river. Currently there is a person who owns the adjacent property I believe a Mr.
Tschirhart who enjoys the taxpayers land for his personal use and continues to enjoy an
opening he developed in the river to his land. This has not been addressed and needs to be
since taxpayers paid for changes to the river to address and prevent the flooding.
The parking lot would benefit the museum and other activities that occur on the main street. I
would also like to request that the council consider a crosswalk on Plank Road by the park to
ensure safety to children crossing since this is a high and somewhat fast traffic area with the
reduced current speed. Thank you for reviewing this letter and request that consideration and
a move to action be provided. Thank you. Wendy Carmichael.
REPORT
CLERK
TO: Mayor & Members of Council
FROM: Meagan Elliott, Clerk
DATE: September 7, 2023
REPORT: CL-10/23 SUBJECT: 2024 COUNCIL SCHEDULE
BACKGROUND
Every Q3, the Clerk presents to Council the proposed Council Meeting Schedule for the upcoming
year.
DISCUSSION The proposed 2024 Council Schedule is attached hereto. Establishing a meeting schedule is important for planning purposes, however this schedule is subject to change due to additions of public meetings, special council meetings or any other additions/deletions that may occur.
The attached schedule proposes to remove the 1st regular meeting in January as the agenda would need to be published before Christmas Holidays. Council will be in the midst of capital budget deliberations during this time with a special budget meeting planned for Tuesday,
January 9, 2024 and then the regular schedule picking back up as of January 18, 2024. A special meeting can be called prior to January 18, 2024 if required if Council is agreeable to this plan.
Meetings during the summer recess are set for July 18 and August 15, 2024. 2024 Conferences are as follows:
AMO AGM and Annual Conference is scheduled to be held in Ottawa August 18 to 21, 2024.
OGRA Conference will be held at the Fairmont Royal York in Toronto from April 21 to 24, 2024.
ROMA Annual Conference is scheduled to be held at the Sheraton Centre Hotel in
Toronto from January 21 to January 23, 2024.
FCM Annual Conference and Trade Show will be held in Calgary from June 6 to 9, 2024. STRATEGIC PLAN
Not applicable. ATTACHMENTS
1. 2024 Council Schedule. RECOMMENDATION THAT Report CL-10/23 re 2024 Council Schedule be received for information;
AND THAT Council approve the 2024 Council Schedule.
Respectively Submitted by: Reviewed by: Meagan Elliott Thomas Thayer, CMO, AOMC
Clerk Chief Administrative Officer
2024 Council Schedule
Date Meeting Time Public Agenda Items Due
January 18 Council 7:00 p.m. January 9
February 1 Council 7:00 p.m. January 23
February 15 Council 7:00 p.m. February 6
March 7 Council 7:00 p.m. February 27
March 21 Council 7:00 p.m. March 12
April 4 Council 7:00 p.m. March 26
April 18 Council 7:00 p.m. April 9
May 2 Council 7:00 p.m. April 23
May 16 Council 7:00 p.m. May 7
June 6 Council 7:00 p.m. May 28
June 20 Council 7:00 p.m. June 11
July 18 Council 7:00 p.m. July 9
August 15 Council 7:00 p.m. August 6
September 5 Council 7:00 p.m. August 27
September 19 Council 7:00 p.m. September 10
October 3 Council 7:00 p.m. September 24
October 17 Council 7:00 p.m. October 8
November 7 Council 7:00 p.m. October 29
November 21 Council 7:00 p.m. November 12
December 5 Council 7:00 p.m. November 26
December 19 Council 7:00 p.m. December 10
NOTE: Public Agenda Items and Delegations, pursuant to the Procedural By-law are due to staff
in the specified format by Tuesday at 9:00 AM the week preceding the meeting.
REPORT
CLERK
TO: Mayor & Members of Council
FROM: Meagan Elliott, Clerk
DATE: September 7, 2023
REPORT: CL-11/23 SUBJECT: WATER & SEWER SYSTEM BY-LAW UPDATES
BACKGROUND
The Municipality of Bayham has a Municipal Pollution Control System and Storm Sewer System By-law (currently No. 2019-060) and a Municipal Water Supply System By-law (currently No. 2019-061). These by-laws provide regulations for the implementation and use of our water and
sewer systems and establish the water and sewer rates and additional charges. The water and sewer rates are tied to regular legislated studies that ensure users pay for operating and lifecycle costs associated with the systems.
On October 6, 2022, Council for the Corporation of the Municipality of Bayham adopted By-law No. 2022-067 being a by-law to establish development charges (DCs) for water and wastewater. Council also has in effect By-law No. 2019-025 which establishes the Corporation’s Rates and Fees. DISCUSSION Since the adoption of the DC By-law, there are some areas within the other noted by-laws above that require updates to be consistent to one another. A review of By-law Nos. 2019-060 and 2019-061 was conducted with the Treasurer, Manager of Capital Projects, and Clerk.
Currently, 2019-060 and 2019-061 includes language and charges for frontage and connection charges, which, by way of development change implementation, is no longer necessary. These by-laws also list fees for general sundry items that are duplicated in the current Rates and Fees
By-law No. 2019-025. There is no need for duplication. The attached draft by-laws remove language and fees to do with frontage and connection
charges and removes the fees for general sundry items as these are contained in the rates and fees by-law. All other aspects of the draft by-laws are drawn from the existing by-law (Nos.
2019-060 and 2019-061), with the intent that this language is carried over and remains actively in force and effect for the applicable systems.
The Rates and Fees By-law will be receiving a comprehensive update and presented to Council for consideration in Q4 2023 to further streamline any discrepancies and ensure cost recovery of municipal functions. STRATEGIC PLAN
Not applicable. ATTACHMENTS 1. Draft Water Supply System & Rates By-law 2. Draft Storm Sewer System & Rates By-law RECOMMENDATION
THAT Report CL-11/23 re Water and Sewer System By-law Updates be received for information;
AND THAT the updated Water and Sewer by-laws be adopted as presented.
Respectively Submitted by: Reviewed by: Meagan Elliott Thomas Thayer, CMO, AOMC Clerk Chief Administrative Officer
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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO 2023-067
BEING A BY-LAW RESPECTING THE MUNICIPAL WATER SUPPLY
SYSTEM IN THE MUNICIPALITY OF BAYHAM AND
THE ESTABLISHMENT OF WATER RATES
WHEREAS under Section 11 of the Municipal Act, 2001, a municipality may pass by-laws respecting matters within the sphere of jurisdiction of Public Utilities, which includes a system that is used to provide water services for the public; AND WHEREAS section 9 of the Municipal Act, 2001 provides that Section 11 shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as
they consider appropriate and to enhance their ability to respond to municipal issues; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS A BY-LAW AS FOLLOWS:
Short Title
This By-law may be referred to as the Municipal Water Supply System By-law Section 1 – Definitions
1.1 In this by-law: a) “Chief Building Official (CBO)” shall mean the Chief Building Official (CBO) of the Corporation of the Municipality of Bayham;
b) "Consumer" shall mean the Owner, occupant, builder or developer of property which is serviced by, connected to or uses the Municipal Water Supply System; c) “Council” shall mean the Council of the Corporation of the Municipality of Bayham;
d) "Dwelling Unit" shall mean real property used or designed for use as a home or as a place in which one or more persons may sleep; e) "Metered Water" shall mean Municipal Water supplied to Consumers through
Water Meters;
f) "Municipality" shall mean the Corporation of the Municipality of Bayham; g) "Municipal Water" shall mean Potable Water or Raw Water carried by the Municipal Water Supply System;
h) "Municipal Water Supply System" shall mean the water supply system of the Municipality including all water supply plants, wells, intakes, outlets, equipment, water storage tanks and reservoirs, water supply pumping stations, Watermains,
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appurtenances, Water Service Connections, Water Meters and all other water works designated for the supply of water together with all lands appropriated for
such purposes and uses; i) "Owner" shall mean the registered owner of a parcel of property as such person is described in the most current assessment roll;
j) "Person" shall include, but not be limited to, an individual, sole proprietorship, partnership, unincorporated association, unincorporated organization, corporation, trustee, heir, executor, administrator or other legal representative; k) "Potable Water" shall mean treated Municipal Water;
l) "Private Water Meter" shall mean a water meter purchased and installed by the Consumer for secondary measurement of water consumption; m) "Raw Water" shall mean untreated Municipal Water;
n) "Residential Building" shall mean a structure that contains one or more Dwelling Units; o) "Service Pipe" shall mean that part of a Water Service from the street line,
property line or easement limit to a building;
p) "Treasurer" shall mean the Treasurer of the Corporation of the Municipality of Bayham;
q) "Unit" shall mean an area within a building that is self-contained with separate
plumbing facilities and, in the case of multiple units, the units may be owned or rented by different Persons; r) "Unmetered Fire Line" shall mean a Water Service supplying Unmetered Water
for the purpose of fire protection but does not include a water line serving hydrants
owned and maintained by the Municipality; s) "Unmetered Water" shall mean Municipal Water supplied to Consumers without the use of a Water Meter;
t) "Water Charges" shall mean the charges set out in the Municipal Rates and Fees By-law; u) "Watermain" shall mean a pipe forming part of the Municipal Water Supply System
that conveys Municipal Water from water supply plants and wells to Water
Services; v) "Water Meter" shall mean a device and associated appurtenances supplied and installed by a licensed plumber or water meter installer used for measuring water
consumption for billing purposes;
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w) "Water Service" shall mean a pipe connecting a Watermain to a building or facility
for domestic or fire protection purposes consisting of a Water Service Connection and a Service Pipe; x) "Water Service Connection" shall mean that part of the Municipal Water Supply System connecting a Watermain to a Service Pipe;
y) "Water Rates" shall mean the rates set out in Schedule "A" of this by-law. z) "Water/Wastewater Operations Manager" shall mean the Water/Wastewater Operations Manager of the Corporation of the Municipality of Bayham.
Section 2 - General 2.1 The responsibility for the construction, operation and maintenance of the Municipal Water Supply System is vested in the Water/Wastewater Operations Manager.
2.2 No construction, operation or maintenance work of any kind or nature not specifically authorized by this by-law shall be performed on the whole or any part of the Municipal Water Supply System by anyone other than the Municipality except as authorized in writing by the Water/Wastewater Operations Manager.
2.3 The Municipality may supply Municipal Water as circumstances, equipment and capacity permit. 2.4 No Municipal Water shall be supplied to any property outside of the Municipality of
Bayham except by special agreement with the Municipality.
2.5 The Municipality does not guarantee to any Consumer an uninterrupted supply of Municipal Water or that any standard of water pressure, water quantity or water quality will be met or maintained and any failure to provide an uninterrupted supply
of Municipal Water or to meet any such standard shall not be construed as neglect
on the part of the Municipality. 2.6 No employee or agent of the Municipality shall under any circumstances be permitted to give any guarantee that any set standards for water pressure, water
quality or water quantity will be met or maintained.
2.7 The Municipality may limit the amount of Municipal Water supplied to a Consumer. 2.8 The Water/Wastewater Operations Manager may restrict the consumption and use
of Municipal Water when required at the sole, absolute and unfettered discretion of
the Water/Wastewater Operations Manager. Failure to comply with said restriction shall be an offence. 2.9 The Water/Wastewater Operations Manager may upon reasonable notice to the
Consumer shut off water within all or any part of the Municipal Water Supply
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System, however, in emergency situations, notice need not be given.
2.10 The Municipality shall not be liable for damages caused by the breaking of any Water Service, Watermain or appurtenance or for damage to boilers, fittings or other equipment or property or injury to any Person by reason of any disruption of water supply, including service shut-off and pressure fluctuations, even where no notice is given.
2.11 Any Person authorized by the Water/Wastewater Operations Manager for that purpose shall have free access, at all reasonable times, and upon reasonable notice given and request made, to all property and parts of every building or other premises to which Municipal Water is supplied, for the purpose of inspecting,
repairing, altering, disconnecting or shutting off any Service Pipe or appurtenances,
or for installing, sealing, replacing, maintaining, repairing, testing, reading, inspecting, or removing any Water Meter as he considers expedient and for such purposes may set the Water Meter or alter its position.
2.12 Plants, shrubs, trees, hedges, fences, other structures and vehicles shall not
obstruct the free access to, and the repair or operation of a hydrant, hydrant valve, a Water Service Connection, a valve box, a service box, Water Meter, curb stop or chamber, by duly authorized employees or agents of the Municipality.
2.13 No Person shall proceed with, or authorize, any construction which is, or is
proposed to be, located over, under, across or along any Watermain or other works forming part of the Municipal Water Supply System without first notifying the Water/Wastewater Operations Manager in writing of his intention to proceed with the same. If, in the opinion of the Water/Wastewater Operations Manager, it
becomes necessary to support, protect or relocate such Watermain or other works,
the cost of supporting, protecting or relocating the Watermain or other works shall be charged to such Person and the Water/Wastewater Operations Manager shall have the power to supervise and direct the supporting, protecting or relocating of such works.
2.14 Any Person who has proceeded with or authorized any construction or work which is located under, over, across or along any Watermain or other part of the Municipal Water Supply System shall be liable for any damage caused by such construction or work. The Water/Wastewater Operations Manager shall be notified
immediately of any damage inflicted on the Municipal Water Supply System. If the
damage is not remedied to the satisfaction of the Water/Wastewater Operations Manager within a reasonable period of time, the Water/Wastewater Operations Manager may, upon giving reasonable notice, have such damage repaired, and the cost of repairs shall be borne solely by such Person.
Section 3 – Water Rates, Charges and Revenues 3.1 If in any fiscal year the revenues generated by the Water Rates and Water Charges are not sufficient to meet the Municipality's expenditures for the Municipal
Water Supply System, the deficit may be covered by a duly authorized increase in
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Water Rates and Water Charges for the succeeding fiscal year. To the extent that such increases are not sufficient for such purposes, the required amounts shall be
raised by a duly authorized special Municipal levy as set out in the Municipal Act,
2001. 3.2 All revenue raised by the methods described in this by-law, or authorized, shall be applied to the Municipal Water Supply System.
3.3 Consumers of Metered Water shall be billed on the basis of their consumption of Municipal Water and shall be charged the Metered Water Rates set out in Schedule "A" of this by-law.
3.4 Persons desiring to connect buildings that they own or occupy to the Municipal
Water Supply System shall, in accordance with Section 5 of this by-law, pay the required fees in accordance with the Municipality’s Development Charges By-law. 3.5 Persons desiring the extension of the Municipal Water Supply System shall pay
charges in accordance with Section 6 of this by-law.
3.6 Persons requiring the miscellaneous services set out in various parts of this by-law shall pay the charges set out in the Municipal Rates and Fees By-law.
3.7 Notwithstanding any Section or Schedule of this by-law the Consumer shall be
responsible for all applicable costs associated with the Municipal Water Supply System and the Water/Wastewater Operations Manager shall have authority to require full cost recovery payments of a Consumer for any service provided.
Section 4 – Metered Water Service
4.1 Water Meters shall be installed on all Water Services unless otherwise directed by the Water/Wastewater Operations Manager.
4.2 Consumers shall be responsible for providing a location and suitable plumbing for
the installation of a Water Meter and any other devices or reading devices associated with the Water Meter. The Water Meter and associated devices shall be installed by a licensed plumber or Water Meter installer prior to occupancy of the building. A Water Meter and any other devices or reading devices associated with
the Water Meter shall be inspected by the Municipality prior to occupancy of the
building. 4.3 The Water Meter location shall be readily accessible and located where the Service Pipe enters a building's full basement or in another area of a building or location
approved by the Water/Wastewater Operations Manager. The Water Meter shall
not be covered or enclosed except with the approval of the Water/Wastewater Operations Manager. 4.4 All Water Meters shall be owned by the Municipality. The cost of additional private
water meters, including supply, installation, repair and replacement, shall be borne
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by the Consumer. Once installed, the Water Meter location shall not be changed except with the approval of the Water/Wastewater Operations Manager.
4.5 Water Meters shall be installed, sealed, replaced, maintained, repaired, tested, inspected, and removed only by employees or agents of the Municipality or by a licensed plumber or water meter installer.
4.6 If the Municipality cannot gain access to a premise, for the purpose of installing, sealing, replacing, maintaining, repairing, testing, reading, inspecting or removing a Water Meter, the Municipality may shut off or restrict the supply of Municipal Water to the property and the Consumer shall pay the water shut off charges set out in the Municipal Rates and Fees By-law.
4.7 The Municipality shall not be responsible for any damage to buildings or property occasioned by, or in the course of, installing, sealing, replacing, maintaining, repairing, testing, reading, inspecting or removing any Water Meter provided that reasonable care has been taken by the employees or agents of the Municipality in
the course of such activities.
4.8 Where a metered Water Service is in use, all Municipal Water consumed on the property shall pass through the Water Meter authorized by the Municipality for use on the property except where unmetered use is permitted by this by-law.
4.9 Consumers shall be responsible for the safety and care of the Water Meter placed in the Consumer's building, meter room, chamber or other facility and shall be liable for all damage from any cause, and for the loss of the Water Meter. If the Water Meter is removed without the consent of the Municipality, whether stolen or
otherwise, or damaged from any cause, the cost of replacement or repair shall be
payable to the Municipality by the Consumer on demand in accordance with the charge for Water Meter Bottom Frost Plate with Gasket set out in the Municipal Rates and Fees By-law.
4.10 Only one Water Meter shall be installed on a Service Pipe whether the Service Pipe
serves a single building, a number of buildings or a multi-unit building unless otherwise approved by the Water/Wastewater Operations Manager. For purposes of this subsection, each half of a semi-detached dwelling and each unit of street townhouses or link houses with separate water services are to be considered a
single building.
4.11 If a Consumer receiving Unmetered Water requests that a Water Meter be installed, the Water/Wastewater Operations Manager may, at his discretion, comply with such request. The cost of any plumbing alterations shall be borne by the Consumer.
4.12 The Municipality shall not supply, install, replace, repair or inspect Private Water Meters or bill water consumption based on Private Water Meters. Water supply pipes to Private Water Meters must be connected to the Owner's plumbing on the outlet side of a Water Meter.
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4.13 No Person, except a Person authorized by the Water/Wastewater Operations Manager for that purpose, shall be permitted to open, or in any way tamper with,
any Water Meter, or with the seals placed thereon, or do anything to interfere with the proper registration of the quantity of water passing through such Water Meter. Should any Person change, tamper with or otherwise interfere in any way with any Water Meter placed in any building, meter room, chamber or other facility, the Water/Wastewater Operations Manager may without notice shut-off the water for
such building, or premise, and the water shall not be turned on to such building, or premises, without the approval of the Water/Wastewater Operations Manager. 4.14 If the Water/Wastewater Operations Manager directs that a Water Meter be installed in a meter chamber or other facility, it shall be constructed, maintained and
kept accessible to the employees or agents of the Municipality by the Consumer at
the Consumer's cost in a manner satisfactory to the Water/Wastewater Operations Manager. 4.15 The size of Water Meters to be installed will be determined by the
Water/Wastewater Operations Manager based on either maximum demand flow
rates provided by the Consumer or on the consumption estimates of the Water/Wastewater Operations Manager where no flow rates are provided by the Consumer or where the flow rates provided by the Consumer are inappropriate in the opinion of the Water/Wastewater Operations Manager.
4.16 Unless otherwise approved by the Water/Wastewater Operations Manager, no pipe connection shall be made to a Service Pipe other than after the outlet side of a Water Meter. Where required or approved by the Water/Wastewater Operations Manager, properly valved and sealed by-passes around the Water Meter shall be
provided by and at the expense of the Consumer.
4.17 A Water Meter by-pass is intended for meter maintenance purposes only and shall not be turned on except by the Municipality.
4.18 Stop and waste corporation valves shall be installed on either side of Water Meters.
4.19 Consumers shall immediately notify the Water/Wastewater Operations Manager of any breakage, stoppage or irregularity in a Water Meter.
4.20 Before demolition or removal of a building, the Consumer shall make arrangements
with the Water/Wastewater Operations Manager for the shutting off of the Water Service and for safe access for the removal of the Water Meter. All costs to repair or replace a Water Meter, damaged or lost due to building demolition or removal shall be borne by the Consumer.
4.21 All Water Meter readings shall be obtained under the co-ordination and control of the Treasurer. 4.22 Water Meter readings may be obtained by duly authorized employees or agents of
the Municipality who, while performing Water Meter reading duties, shall carry
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identification designating them as employees or agents of the Municipality.
4.23 Consumers shall provide free and clear access to Water Meters for purposes of reading or inspection, in accordance with Section 4.6 of this by-law. 4.24 Water Meters shall be read at such time as the Treasurer shall, in his absolute discretion, deem advisable.
4.25 The Treasurer shall estimate the quantity of water used by the Consumer since the date of the last accurate meter reading or the last estimate of consumption and bill the Consumer in accordance with the rates set out in Schedule "A" of this by-law, in circumstances where:
a) the Water Meter is broken, stopped, frozen or operates intermittently;
b) the Water Meter or meter seal has been disconnected, altered, broken or tampered with in any way; c) the Water Meter has been incorrectly read; d) the Water Meter reading has been incorrectly recorded;
e) a Water Meter by-pass has been used or the by-pass seal has been disconnected,
broken, altered or tampered with; f) the Person duly authorized to do so has been unable to obtain a Water Meter reading; g) no Water Meter reading has been submitted to the Treasurer by a Consumer
requested to do so; or
h) the Treasurer deems it necessary or desirable 4.26 Where the quantity of water used by a Consumer has been estimated pursuant to Section 4.25 of this by-law, the Treasurer may, at the time of the first accurate
meter reading subsequent to such estimate, make a new estimate of the quantity of
water used by the Consumer and adjust the billing to the Consumer accordingly. 4.27 In circumstances where, in the opinion of the Water/Wastewater Operations Manager, it is necessary or desirable that a Consumer run water continuously, the
Water/Wastewater Operations Manager may authorize such usage and the
Treasurer may adjust the Consumer's metered billing to conform with the Consumer's normal pattern of water use. 4.28 A Consumer, upon written application to the Treasurer, may have a Water Meter
tested. If a Water Meter is shown by the test to measure the flow of water within or
below American Water Works Association (AWWA) specifications, the Consumer shall be charged the fee for the test set out in the Municipality’s Rates and Fees by-law. If a Water Meter is shown by the test to measure the flow of water above AWWA specifications, no fee shall be charged for the test, and the Consumer's water bill will
be adjusted in an amount determined by the Treasurer.
Section 5 – Connections to Municipal Water Supply System 5.1 An Owner (referred to in this Part as an "Applicant") wishing to have a building
connected to the Municipal Water Supply System shall apply to the Municipality.
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5.2 No connection shall be made to the Municipal Water Supply System until;
a) an Application for Sewer/Water Service in the form provided by the Water/Wastewater Operations Manager (referred to in this Part as an "Application") has been approved by the Municipality; and b) a plumbing permit has been approved by the Chief Building Official.
5.3 All applicable connection charges must be paid by certified payment and the Municipality's approval received at least three weeks prior to the date by which connection to the Municipal Water Supply System is requested for any Water Service Connection to be installed by the Municipality.
5.4 An Application must be completed prior to the connection of the Service Pipe to the
preinstalled Water Service Connection for each separate Water Service in housing developments built on lands subject to registered plans of subdivision where the Water Service Connection has been installed by the subdivider.
5.5 The Water/Wastewater Operations Manager may refuse approval of an Application
where, in the Water/Wastewater Operations Manager’s opinion; a) the Municipal Water Supply System may be adversely affected; b) there is insufficient water supply available; c) Municipal Water pressures are high or low;
d) a Watermain does not abut the Applicant's land; or
e) the service would contravene existing by-laws or other regulations. 5.6 An application shall be approved and issued prior to a building permit or plumbing permit being issued where such permits are necessary.
5.7 Where a Water Service Connection is to be installed as part of an Unmetered Fire Line, or for any use other than a single family, semi-detached, street townhouse or street link houses, or where the proposed Water Service Connection is greater than one inch in diameter, detailed plans of the proposed Water Service or Unmetered
Fire Line acceptable to the Water/Wastewater Operations Manager shall be
submitted with each Application. 5.8 Every application shall be accompanied by the applicable fee as outlined in the Municipality’s Development Charges By-law.
5.9 Where a Water Service Connection is required and is not installed as part of a plan of subdivision, the Application shall be construed or interpreted to be an application for the Municipality to construct the Water Service Connection. a) The installation of the Water Service Connection shall not be scheduled or
commenced in any way until the Applicant has met all requirements of this by-law.
5.10 If any Water Service installation does not comply with the plans submitted pursuant to Section 5.7 of this by-law, Municipal Water shall not be supplied to the premises served, until the installation is made to comply with the approved plans.
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5.11 If the service box on a Water Service Connection, preinstalled as part of a plan of subdivision or newly installed for the development of the lot, has been damaged,
the Municipality will repair the service box and invoice the Applicant any associated costs. 5.12 Water Services for commercial, industrial, institutional and multi-residential buildings shall not be turned on until the systems on private property have been
inspected, pressure tested, flushed and chlorinated and the water is determined by qualified personnel to be safe for drinking, all to the satisfaction of the Water/Wastewater Operations Manager. Test results shall be submitted to the Water/Wastewater Operations Manager prior to the Water Service being turned on.
5.13 For those applications for which there is insufficient capacity within the water supply
facilities servicing the Applicant's property to meet the request of the Applicant, the Municipality may, a) deny the Application; b) grant the Application if, capacity can otherwise be made available;
c) require the Applicant to enter into a consumption and discharge agreement with the
Municipality ; d) require the Applicant to agree to pay the cost of additional facilities necessary to meet the requirements set out in the application.
5.14 Following the approval by the Municipality of an Application, the Treasurer shall, in
the case of a commercial building, establish a customer account in the name of the Consumer, and in the case of a residential building, establish a customer account in the name of the Owner, for the purpose of billing Water Rates and Charges. A Change of Occupancy-New Account Charge in accordance with the Municipal
Rates and Fees By-law.
5.15 All work involved in the installation and maintenance of Water Service Connections shall be performed only by duly authorized employees or agents of the Municipality or by the Applicant in accordance with the terms of a servicing agreement.
5.16 Every Water Service shall be laid in a straight line and at a right angle to a Watermain, as nearly as practicable. 5.17 Where the Applicant indicates in the Application a desired location for the Water
Service Connection, it shall be located as indicated provided the proposed location
is approved by the Water/Wastewater Operations Manager. 5.18 Where the Applicant does not indicate in the Application a desired location for the Water Service Connection, it will be located as determined by the
Water/Wastewater Operations Manager. If the Applicant subsequently requires a
relocation of the Water Service Connection, such relocation shall be at the expense of the Applicant, which is in addition to the original Water Service Connection charge.
5.19 No Water Service to one Owner's building shall be installed in, over or across the
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property of another Person or located on an easement on another Person's property, except by the written consent, in the form of an easement agreement, of
the Persons concerned and the approval of the Water/Wastewater Operations Manager. 5.20 Only one Water Service shall be installed on each lot, block or parcel of land unless otherwise approved by the Water/Wastewater Operations Manager.
5.21 A Water Service shall be installed to each Unit of semi-detached houses; street townhouses and street link houses, unless the Water/Wastewater Operations Manager has approved an alternate form of connection.
5.22 Where more than one lot, block or parcel of land under separate ownership is
served by a single Water Service, the Water/Wastewater Operations Manager may order the affected Consumers to disconnect from the single Water Service and to conform to Section 5.20 of this by-law and all costs, including those for installing new Water Service Connections, shall be borne by the Consumers.
5.23 Where the Municipality replaces a substandard Water Service Connection as part of a construction project, the Consumer shall be responsible for the cost of replacing the Service Pipe and shall have a period of thirty days from the date of written notice from the Water/Wastewater Operations Manager to connect the
Consumer's building to the new Water Service Connection.
5.26 Anti-tampering devices shall be installed on service boxes on new Water Service Connections, when deemed necessary by the Water/Wastewater Operations Manager.
5.27 Where anti-tampering devices are installed on service boxes, the cost of purchasing, installing and maintaining such devices shall be borne by the Consumer.
5.28 The Consumer shall be responsible for the installation of a Service Pipe.
5.29 Water Services shall be installed in the size, material and in compliance with the Ontario Provincial Design Standards and/or Ontario Building Code and subsequently approved by the Water/Wastewater Operations Manager and/or
CBO.
5.30 Unless otherwise directed by the Water/Wastewater Operations Manager, Water Services shall be laid, a) at a depth of 1.8 metres below the surface of the soil surrounding the trench in
which the pipes are laid or below the certified road grade where the pipes are laid
on a road allowance; and b) at a distance of more than 0.5 metres from any other pipe, conduit or drain. 5.31 Service Pipes shall enter a building where there is a full basement or in another
area of a building or location approved by the Water/Wastewater Operations
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Manager which allows free and easy access to install, maintain and read a Water Meter.
5.32 Each Service Pipe, in accordance with Section 4.18 of this by-law, shall be fitted with two full port, stop and waste corporation valves (gate or ball type). One valve shall be located on the inlet side of the Water Meter immediately inside of the building. The other valve shall be on the outlet side of the Water Meter. The valves
shall be well secured from frost and of the same size as the Water Meter inlet and outlet stubs. The valves shall be installed and maintained at the Consumer's expense unless otherwise directed by the Water/Wastewater Operations Manager. 5.33 No soldered joints, fittings or other appurtenances shall be permitted on any Water
Service.
5.34 All Water Service trenches shall have proper bedding and be properly backfilled to the satisfaction of the Water/Wastewater Operations Manager and adequately protected against settlement.
5.35 The Consumer is responsible for the repair or replacement of a leaking or defective Service Pipe or appurtenance and if, after written notice, it is not remedied, forthwith to the satisfaction of the Water/Wastewater Operations Manager, the Water/Wastewater Operations Manager may enter upon the land where the
Service Pipe is located and repair or replace the same and the cost of such repair
or replacement shall be borne by the Consumer. 5.36 The Water/Wastewater Operations Manager may shut off or restrict the supply of water to any building in which any leaking or defective pipe, tap or fixture exists,
and may require that the pipe, tap or fixture be repaired or replaced by the
Consumer in such manner as the Water/Wastewater Operations Manager may approve, before the water is turned on again. 5.37 The Water/Wastewater Operations Manager or the Treasurer may estimate the
amount of water lost from leaks and charge the Consumer accordingly.
5.38 If a Service Pipe becomes frozen, the Water/Wastewater Operations Manager may upon request have such Service Pipe thawed, and the Owner shall be responsible for the full charges for such services. The repair costs for damages caused by the
thawing operation shall be the responsibility of the Owner.
5.39 Where any thawing operation undertaken pursuant to Section 5.38 of this by-law may in the opinion of the Water/Wastewater Operations Manager present a hazard, the Water/Wastewater Operations Manager may refuse to perform such activity.
5.40 When directed by the Water/Wastewater Operations Manager, the Consumer shall replace the Service Pipe if it is subject to freezing. The associated replacement costs shall be borne by the Consumer.
5.41 No Person shall make any temporary connection to the Municipal Water Supply
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System except by agreement with the Municipality.
5.42 Where a building has been or will be demolished or removed and an Owner wishes to reuse a Water Service Connection, which previously served the building, the Owner shall apply to reuse the Water Service Connection. Such Application shall be accompanied by an inspection fee in an amount set out in the Municipal Rates and Fees By-law.
5.43 Before approval and issuance of an Application, the Owner shall expose the disused Water Service Connection and prepare it for inspection by the Water/Wastewater Operations Manager, who may, upon inspecting such Water Service Connection, refuse to allow its reuse if, in the opinion of the
Water/Wastewater Operations Manager, it is not suitable material, of inadequate
size, or defective. The opinion of the Water/Wastewater Operations Manager on this matter shall be final. 5.44 Where the Water/Wastewater Operations Manager deems that the Water Service
Connection referred to in Section 5.43 of this by-law cannot be used, the
Municipality shall replace such Water Service Connection and all costs shall be borne by the Owner. If a deposit is required, any differential between the cost and the deposit shall either be refunded to or payable by the Owner, as appropriate.
5.45 When the Water/Wastewater Operations Manager determines that a Water Service
Connection is no longer required due to property redevelopment or otherwise and can be abandoned, the Water Service Connection shall be disconnected at the Watermain by the Municipality, and the cost of the disconnection shall be borne by the Owner of the lot, block or parcel of land which the Water Service Connection
served or was intended to serve, or collected as otherwise directed by the
Water/Wastewater Operations Manager. Section 6 – Extension of the Municipal Water Supply System 6.1 Extension of the Municipal Water Supply System may be undertaken upon such terms and conditions as Council may from time to time impose.
6.2 All extensions of the Municipal Water Supply System shall be made pursuant to by-laws of Council. 6.3 Owners may file with the Water/Wastewater Operations Manager a written request for an extension of the Municipal Water Supply System and shall supply the
Water/Wastewater Operations Manager with such information with regard to the proposed extension as the Water/Wastewater Operations Manager may request. 6.4 The Water/Wastewater Operations Manager shall forward all requests for extensions of the Municipal Water Supply System to Council.
6.5 Where the Municipal Water Supply System has been extended, Owners of lots abutting such extension shall pay frontage charges in accordance with the
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Municipality’s Development Charges By-law.
6.6 Where the Municipal Water Supply System is requested to be extended by an Owner and the building is more than 150 meters away from the Municipal Water Supply System, the Owner shall abide by the following conditions: a) A meter pit shall be installed at the property line closest to the Municipal Water Supply System;
b) The Owner of the property shall request from the contractor that the longest Service Pipe be used to reduce the amount of compression fittings on the Service Pipe to reduce potential future leakage problems; 6.7 If, at the same time that a request for the extension of the Municipal Water Supply
System is received, sufficient funds do not exist to finance any Municipal share of
the cost of such extension, the Owner's request shall either be deferred until the following year or proceeded with on the basis of the Owner prepaying the total cost of the extension.
Section 7 – Water Service for Fire Protection
8.1 No Person other than duly authorized employees or agents of the Municipality shall operate or take water from any Municipal or private hydrant.
7.2 The Water/Wastewater Operations Manager may supply Municipal Water to
Consumers within the Municipality of Bayham who have Unmetered Fire Lines for fire protection purposes and such water may serve private hydrants, automatic sprinkler systems and standpipes.
7.3 An Unmetered Fire Line shall be separate from the domestic Water Service.
7.4 An Unmetered Fire Line and Water Service Connection may be combined within a public road allowance or easement provided separation takes place within the public road allowance or easement and provided further that a valve is installed on
each branch within the public road allowance or easement.
7.5 The Municipality may inspect the installation of a separate fire line for the fee set out in the Municipal Rates and Fees By-law.
7.6 Private hydrants shall be inspected, operated and maintained by the Owners on an
annual basis or after every use as required by the Ontario Fire Code. Owners shall also flush private hydrants annually and repair them as required to ensure that they do not leak.
7.7 Where an Unmetered Fire Line is provided, no water shall be taken other than for
fire protection or testing of the fire protection system unless authorized by the Water/Wastewater Operations Manager. 7.9 Drain ports in private hydrants shall be plugged.
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7.10 If an Unmetered Fire Line or a private hydrant becomes frozen, the Water/Wastewater Operations Manager may upon request have such Unmetered
Fire Line or hydrant thawed, and the Owner shall be responsible for the charges for such services. a) The repair costs for damages caused by the thawing operation shall be the responsibility of the Owner of the building. b) Where any thawing operation undertaken pursuant to Section 7.10 (a) of this by-law
may in the opinion of the Water/Wastewater Operations Manager present a hazard, the Water/Wastewater Operations Manager may refuse to carry it out. 7.11 Anti-tampering devices shall be installed on hydrants and valve boxes, when deemed necessary by the Water/Wastewater Operations Manager.
a) Where anti-tampering devices are installed on hydrants in new developments such
as industrial or residential subdivisions, the cost of purchasing, installing and maintaining such devices shall be borne by the developer. 7.12 A driveway shall be constructed no closer than 1 metre from a hydrant.
7.13 If a person requests that a hydrant be relocated away from a driveway or for any other reason, the cost of relocating the hydrant shall be borne by the Person who requests such relocation.
Section 8 – Miscellaneous Services and Requirements
8.1 The Water/Wastewater Operations Manager shall, at the request of a Consumer, shut the Consumer's Municipal Water Supply off or turn it on for the charges set out in the Municipal Rates and Fees By-law.
8.2 The Treasurer shall, upon receiving a written request accompanied by payment of the fee set out in the Municipal Rates and Fees By-law in respect to each separate parcel of land or building, furnish any Person with a written certificate showing the arrears of Water Rates and Water Charges due on or in respect of, any parcel of
land or buildings, up to the date to which such rates or charges were last computed.
8.3 Cheques submitted by Consumers and subsequently dishonoured by the financial institutions on which they are drawn shall be processed by the Treasurer for the charge as set out in the Municipality’s Rates and Fees By-law.
8.4 When any building is empty, disused or vacated for a period which may exceed four weeks, or is without heat during below freezing weather, it is the Consumer's responsibility to shut off the water supply from within the building and to drain the piping and Water meter therein. The Consumer may apply verbally or in writing to
the Treasurer to have the curb stop turned off in accordance with the conditions set
out in Section 8.1 of this by-law. 8.5 Where the water supply has not been shut off at the curb stop and any building left vacant or without heat suffers damage or if any of the buildings contents are
damaged from a leaking or burst water pipe, the Consumer shall have no claim
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against the Municipality. Should the Municipality become aware of such leaking or burst water pipes, the Water/Wastewater Operations Manager will turn off the water
service at the curb stop and the water supply shall not be turned on until the Water/Wastewater Operations Manager considers it advisable. Section 9 - Billing and Collecting Water Rates and Charges
9.1 The Consumer shall notify the Treasurer in writing of any change of occupancy and shall pay the applicable charges as set out in the Municipal Rates and Fees By-law for change of occupancy. 9.2 All Water Rates and Water Charges shall be payable for water consumed and
services provided and shall be due and payable when rendered.
9.3 Regular billings for Water Rates and Water Charges may be rendered at any periodic interval deemed advisable by the Treasurer.
9.4 The Treasurer may with reasonable notice advance or delay any regular billing of
Water Rates or Water Charges. 9.5 The Treasurer may bill Owners for frontage charges imposed pursuant to the Municipality’s Development Charges By-law, in the same manner and with the
same remedies for collection as Water Rates.
9.6 Where full payment for any regular billing for Water Rates and Water Charges is not received by the Municipality by the due date, the Consumer shall be assessed a late payment charge as set out in the Municipal Rates and Fees By-law and the
amount shall appear on the next regular billing.
9.7 Where any regular billing for Water Rates and Water Charges or interest charges remains unpaid for three billing cycles, a period of six months, the Treasurer may add the amount owing to the municipal tax bill for the lot, as reflected in the
assessment roll book, and collect in the same way, as nearly as may be, as
municipal taxes are collected. a) If it becomes necessary for the Municipality to initiate the collection action indicated in Section 9.7 of this by-law, a collection fee as set out in the Municipal Rates and Fees By-law shall be charged to the Consumer.
9.8 All water bills shall be distributed to Consumers by ordinary, prepaid mail or by any other means deemed necessary or appropriate by the Treasurer. 9.9 Water Rates and Water Charges shall be charged and billed to, in the case of a
Residential Building, the Owner of the Residential Building; and in the case of all
other buildings and properties, the Consumer requesting the Water Services. 9.10 Notwithstanding Section 9.8 of this by-law Water Rates and Water Charges may continue to be charged and billed to the Consumer in whose name the account was
established prior to the enactment of this by-law if and so long as such Consumer
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remains in possession of the Residential Building. a) Where bills may be directed to tenants or occupants at the request of the Owner
pursuant to Section 9.10 of this by-law, it is the Owner who is ultimately responsible for the water consumed or wasted to the property. Unpaid Water Rates and Water Charges shall be directed to the owner for payment pursuant to Section 9.7 of this by-law.
9.11 All Water Rates and Water Charges for services rendered to buildings having multiple Units shall be charged and billed to the Owner of the property. a) Subject to Section 9.11 of this by-law properties and/or buildings containing more than one business and/or dwelling unit shall receive a base rate charge as described in Schedule "A" for each dwelling unit and/or business contained therein
plus a rate per cubic meter used.
b) An Owner may request an inspection by the Water/Wastewater Operations Manager to determine the amount of unit base charges to be charged pursuant to this by-law. c) The decision of the Water/Wastewater Operations Manager regarding an
inspection pursuant to Section 9.11(b) shall be final and not subject to appeal.
9.12 All Water Rates and Water Charges for services rendered to buildings registered under the Condominium Act, R.S.O. 1990, c.C.26, as amended, shall be billed to the condominium corporation.
9.13 A person may obtain permission from the Municipality and purchase bulk water from the Municipality if the hauler, upon inspection, has a device that prevents the possibility of a backflow occurrence into the Municipal Water Supply System to the satisfaction of the Water/Wastewater Operations Manager.
a) If the Municipality deems that the device on the hauler has the potential for a
backflow occurrence into the Municipal Water Supply System; the Municipality will require a backflow device to be installed on the hauler or any other vehicle that is used to haul water.
9.14 Bulk water will be charged at the Water Rate in Schedule ‘A’. The bulk hauler will
also be responsible to pay staff time and equipment costs associated with the bulk filling. 9.15 Payment may be made, with no additional service charge, by personal cheque
through the mail, by personal cheque or cash in person at Municipal Office, or with
a possible charge, at any chartered bank within the Municipality or at any location or payment means as directed by the Treasurer. Section 10 – Offences and Sanctions
10.1 No Person shall: a) willfully hinder or interrupt, or cause or procure to be hindered or interrupted the Municipality, or any of its officers, contractors, employees or agents, in the exercise
of any of the powers conferred by this by-law;
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b) willfully let off or discharge water so that the water runs waste or useless out of the Municipal Water Supply System;
c) being an Owner, a tenant, occupant, or inmate of any house, building or other place supplied with water from the Municipal Water Supply System, lend, sell, or dispose of the water, give it away, permit it to be taken or carried away, use or apply it to the use of benefit of another, or to any use and benefit other than his own, increase the supply of water agreed for without consent of the Municipality, or
improperly waste the water; d) without lawful authority willfully open or close or tamper with any hydrant, anti-tampering device, valve, curb stop, or other appurtenances; e) willfully obstruct free access by Municipal employees to any part of the Municipal Water Supply System;
f) throw or deposit any injurious, noisome or offensive matter into the water of the
Municipal Water Supply System, or upon the ice, if the water is frozen, or in any way foul the water or commits any damage, or injury to the Municipal Water Supply System or Municipal Water, or encourages the same to be done; g) willfully remove, alter or tamper with any Water Meter which includes the meter
seal or opens any Water Meter by-pass so as to lessen or alter the amount of
water registered; h) lay or cause to be laid any pipe or main to connect with any pipe or main of the Municipal Water Supply System, or in any way obtain or use Municipal Water without the consent of the Municipality;
i) hinder, obstruct or refuse entry to any employee or agent of the Municipality in the
discharge of any duty under this by-law; j) establish, maintain or use any connection or cross connection to any part of the Municipal Water Supply System whereby foreign matter, non potable water, water from a private well, wastewater, chemical or hazardous substance may enter the
Municipal Water Supply System;
k) fail to notify the Water/Wastewater Operations Manager of any breakage, stoppage or irregularity in any Water Meter for which he is responsible; l) fail to obey any restriction on consumption, hours of consumption and use of water; m) store pesticides for use of exterminating pests or weeds at a Municipal water
facility. These facilities are as follows:
i. All air release and drain chambers ii. All fire hydrants and blow-offs iii. Vienna booster station iv. All water valves
v. All water meter pits
n) contravene any provision of this by-law; 10.2 Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence,
exclusive of costs, as provided for in the Provincial Offences Act, R.S.O. 1990,
c.P.33, as may be amended from time to time 10.3 For purposes of Section 10 of this by-law, a separate violation shall be deemed to have been committed for each and every day during which any violation continues,
and conviction in respect of a violation shall not operate as a bar to further
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prosecution if such violation continues.
10.4 Where any Consumer willfully hinders or obstructs free access to any Municipal hydrant valve, curb stop or other appurtenance by parking or placing a vehicle or other object above or adjacent to such Municipal equipment, pursuant to Section 2.12 of this by-law, the Water/Wastewater Operations Manager may cause such vehicle or object to be towed or taken away and stored in a suitable place, and all
costs and charges for such towing, taking away and storage shall be the responsibility of such Owner. 10.5 In addition to all other sanctions and remedies provided in this by-law, the Water/Wastewater Operations Manager may shut off, restrict, or disconnect the
supply of Municipal Water to any Consumer where such Consumer has violated
any of the provisions of this by-law or for failure to pay any Municipal invoice or Water Rates or Water Charges and may refuse to restore normal service until the violation complained of has been terminated or remedied. The Municipality will not be liable for any damages to property or injury to Person by reason of shut off,
restriction or disconnection of water supply. The Consumer shall pay the applicable
charges as set out in the Municipal Rates and Fees By-law. 10.6 Where a condition is found to exist which is contrary to this by-law the Municipality may carry out an inspection and shall issue an order or orders to the Owner to
obtain compliance.
a) Where with a written notice from the Water/Wastewater Operations Manager has not been complied with within the time period specified within the written notice, the Municipality may take any action deemed necessary to rectify the issue. All costs to rectify the issue shall be borne by the Owner.
Section 11 – Enforcement 12.1 The provisions of this by-law may be enforced by any Person, including the Water/Wastewater Operations Manager, approved for the purpose by a by-law of
the Municipality and/or employees of the Municipality whose duties include
enforcement of this by-law. 12.2 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.
Section 12 – Interpretation 12.1 The schedules referred to in this by-law shall form part of this by-law.
12.2 If any section, subsection, or part of this by-law is declared by any court of competent jurisdiction to be illegal or ultra vires, such section, subsection or part shall be declared to be separate and independent and enacted as such.
12.3 Wherever a word importing the singular number is used in this by-law, such word
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shall include the plural.
12.4 The grammatical changes required to make the provisions of this by-law apply to individuals (male or female), sole proprietorships, partnerships, unincorporated associations, unincorporated organizations, corporations, trustees, heirs, executors, administrators and other legal representatives where the context so requires shall be assumed as though in each case fully expressed.
Section 13 - Repeal 13.1 That By-law No. 2019-061 and any amendments shall be repealed in its entirety. Section 14 – Effective Date
14.1 This by-law shall become effective and in full force on the day of its passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7th DAY OF SEPTEMBER 2023.
________________________________ ________________________________ MAYOR CLERK
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SCHEDULE ‘A’
Metered Water Rates (Bayham System)
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029
Base Monthly Charge $12.92 $13.18 $13.44 $13.71 $13.98 $14.26 $14.55 $14.84 $15.14 $15.44 $15.75
Volume
Charge Per m3 $3.78 $3.86 $3.94 $4.02 $4.10 $4.18 $4.26 $4.35 $4.44 $4.53 $4.62
Metered Water Rates (Richmond System)
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029
Monthly Charge $51.04 $52.06 $53.10 $54.16 $55.24 $56.34 $57.47 $58.62 $59.79 $60.99 $62.21
Volume Charge Per m3 $3.78 $3.86 $3.94 $4.02 $4.10 $4.18 $4.26 $4.35 $4.44 $4.53 $4.62
Notes: 1) Should costs exceed minimum fee, full cost recovery for Capital Construction will be
applied. (This will include road restoration and all other costs incurred to install services.) 2) Bulk Water cost is metered rate plus $250.00
1
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO 2023-068
BEING A BY-LAW RESPECTING THE MUNICIPAL POLLUTION CONTROL SYSTEM AND MUNICIPAL STORM SEWER SYSTEM IN THE MUNICIPALITY OF
BAYHAM AND THE ESTABLISHMENT OF SEWER SURCHARGE RATES WHEREAS under Section 11 of the Municipal Act, 2001, a municipality may pass by-laws respecting matters within the sphere of jurisdiction of Public Utilities, which includes a
system that is used to provide water services for the public; AND WHEREAS section 9 of the Municipal Act, 2001 provides that Section 11 shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate and to enhance their ability to respond to
municipal issues; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS A BY-LAW AS FOLLOWS: Short Title This By-law may be referred to as the Municipal Pollution Control System and Storm Sewer System By-law
Section 1 - Definitions 1.1 In this by-law:
a) "Building Sewer" shall mean that part of the Sewer Service commencing at a point one metre from the outer face of the wall of a building or other structure and terminating at the street line, property line or easement limit; b) “Chief Building Official (CBO)” shall mean the Chief Building Official (CBO) of
the Corporation of the Municipality of Bayham; c) "Council" shall mean the Council of the Corporation of the Municipality of Bayham;
d) "Consumer" shall mean the Owner, occupant, builder or developer of property
which is serviced by, connected to or uses the Municipal Water Pollution Control System; e) "Dwelling Unit" shall mean a real property used or designed for use as a home
or as a place in which one or more persons may sleep;
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f) “Manager of Public Works” shall mean the Manager of Public Works of the Corporation of the Municipality of Bayham;
g) "Municipality" shall mean the Corporation of the Municipality of Bayham; h) "Municipal Storm Sewer System" shall mean the buildings, structures, storm sewers and Sewer Service Connections, equipment, appurtenances, pumping
stations and outfalls under the jurisdiction of the Municipality for land drainage
including storm, surface overflow, sub-surface or seepage waters or other drainage from the land within the Municipality of Bayham; i) "Municipal Water" shall mean potable water or raw water carried by the
Municipal Water Supply System; j) "Municipal Water Pollution Control System" shall mean the water pollution control system of the Municipality including all Municipal buildings, structures, water pollution control plants, outfalls, equipment, water pollution control pumping
stations, sanitary sewers, Sewer Service Connections, appurtenances and all sewage works other than the Municipal Storm Sewer System designated for the collection and disposal of sewage together with all lands appropriated for such purposes and uses;
k) "Owner" shall mean the registered owner of a parcel of property as such person is described in the most current assessment roll; l) "Person" shall include an individual, sole proprietorship, partnership, unincorporated association, unincorporated organization, corporation, trustee, heir,
executor, administrator or other legal representative; m) "Residential Building" shall mean a structure that contains one or more Dwelling Units;
n) "Sewer" shall mean a pipe forming part of the Municipal Water Pollution Control System that conveys sewage from Sewer Services to water pollution control plants or outlets or part of the Municipal Storm Sewer System that conveys stormwater; o) "Sewer Charges" shall mean the charges set out in the Municipal Rates and
Fees By-law. p) "Sewer Service" shall mean the pipe connecting a Municipal Sewer to the building drain at a point one metre from the outer face of the wall of a building or other structure and such pipe consists of a Sewer Service Connection and a
Building Sewer; q) "Sewer Service Connection" shall mean that part of the Sewer Service from the Municipal Sewer to the Building Sewer;
r) "Sewer Surcharge Rates" shall mean the rates set out in Schedules "A" of this
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by-law;
s) "Unit" shall mean an area within a building that is self-contained with separate
plumbing facilities and, in the case of multiple units, the units may be owned or rented by different Persons; t) "Treasurer" shall mean the Treasurer of the Corporation of the Municipality of
Bayham; u) "Water/Wastewater Operations Manager" shall mean the Water/Wastewater Operations Manager of the Corporation of the Municipality of Bayham.
Section 2 - General Provisions
2.1 The responsibility for the construction, operation and maintenance of the Municipal Water Pollution Control System is vested in the Water/Wastewater Operations Manager.
2.2 The responsibility for the construction, operation and maintenance of the Municipal Storm Sewer System is vested in the Manger of Public Works. 2.3 No construction, operation or maintenance work of any kind or nature not
specifically authorized by this by-law shall be performed on the whole or any part of the Municipal Water Pollution Control System except as authorized in writing by the Water/Wastewater Operations Manager 2.4 No construction, operation or maintenance work of any kind or nature not
specifically authorized by this by-law shall be performed on the whole or any part of the Municipal Storm Sewer System except as authorized in writing by the Manager of Public Works 2.5 The Municipality may provide a Municipal Water Pollution Control System and a
Municipal Storm Sewer System, as circumstances, equipment and capacity permit. 2.6 No Municipal Water Pollution Control System or Municipal Storm Sewer System shall be provided to any property outside of the Municipality of Bayham except by special agreement with the Municipality.
2.7 Any Person authorized by the Water/Wastewater Operations Manager for that purpose shall have free access, at all reasonable times, and upon reasonable notice given and request made, to all property and parts of every building or other premises to which Municipal Water Pollution Control System Services are supplied,
for the purpose of inspecting, repairing, altering or disconnecting any Municipal Water Pollution Control System Service. 2.8 Any Person authorized by the Manager of Public Works for that purpose shall have free access, at all reasonable times, and upon reasonable notice given and request
made, to all property and parts of every building or other premises to which
4
Municipal Storm Sewer System Services are supplied, for the purpose of inspecting, repairing, altering or disconnecting any Municipal Storm Sewer System
Service.
2.9 Plants, Shrubs, trees, hedges, fences, other structures and vehicles shall not obstruct the free access to, and the repair or operation of any portion of the Municipal Water Pollution Control System or Municipal Storm Sewer System by
duly authorized employees or agents of the Municipality
2.10 No Person shall proceed with, or authorize, any construction which is, or is proposed to be, located over, under, across or along any Sewer or other works forming part of the Municipal Water Pollution Control System without first notifying
the Water/Wastewater Operations Manager in writing of his intention to proceed
with the same. If, in the opinion of the Water/Wastewater Operations Manager, it becomes necessary to support, protect or relocate such Sewer or other works, the cost of supporting, protecting or relocating the Sewer or other works shall be charged to such Person and the Water/Wastewater Operations Manager shall have
the power to supervise and direct the supporting, protecting or relocating of such works. 2.11 No Person shall proceed with, or authorize, any construction which is, or is proposed to be, located over, under, across or along any Sewer or other works
forming part of the Municipal Storm Sewer System without first notifying the Manager of Public Works in writing of his intention to proceed with the same. If, in the opinion of the Manager of Public Works, it becomes necessary to support, protect or relocate such Sewer or other works, the cost of supporting, protecting or relocating the Sewer or other works shall be charged to such Person and the
Manager of Public Works shall have the power to supervise and direct the supporting, protecting or relocating of such works. 2.12 Any Person who has proceeded with or authorized any construction or work which is located under, over, across or along any Sewer or other part of the Municipal
Water Pollution Control System shall be liable for any damage caused by such construction work. The Water/Wastewater Operations Manager shall be notified immediately of any damage inflicted on the Municipal Water Pollution Control System. If the damage is not remedied to the satisfaction of the Water/Wastewater Operations Manager within a reasonable period of time, the Water/Wastewater
Operations Manager may, upon giving reasonable notice, have such damage repaired, and the cost of the repairs shall be borne by such Person. 2.13 Any Person who has proceeded with or authorized any construction or work which is located under, over, across or along any Sewer or other part of the Municipal
Storm Sewer System shall be liable for any damage caused by such construction work. The Manager of Public Works shall be notified immediately of any damage inflicted on the Municipal Storm Sewer System. If the damage is not remedied to the satisfaction of the Manager of Public Works within a reasonable period of time, the Manager of Public Works may, upon giving reasonable notice, have such
damage repaired, and the cost of the repairs shall be borne by such Person.
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Section 3 - Sewer Surcharge Rates, Charges and Revenue
3.1 If in any fiscal year the revenues generated by the Sewer Surcharge Rates and Sewer Charges are not sufficient to meet the Municipality's expenditures for the Municipal Water Pollution Control System, the deficit may be covered by a duly authorized increase in Sewer Surcharge Rates and Sewer Charges for the
succeeding fiscal year. To the extent that such increases are not sufficient for such
purposes, the required amounts shall be raised by a duly authorized special Municipal levy as set out in the Municipal Act, 2001. 3.2 All revenue raised by the methods described in this by-law, or authorized, shall be
applied to the Municipal Water Pollution Control System.
3.3 Consumers who discharge flow to the Municipal Water Pollution Control System shall pay the Sewer Surcharge Rates set out in Schedule "A" of this by-law.
3.4 Persons desiring to connect buildings that they own or occupy to the Municipal Water Pollution Control System shall, in accordance with Section 5 of this by-law, pay the connection related charges. 3.5 Persons desiring the extension of the Municipal Water Pollution Control System
shall pay charges in accordance with the Municipality’s Development Charges By-law. 3.6 Persons requiring the miscellaneous services set out in various parts of this by-law shall pay the charges set out in the Municipal Rates and Fees By-law.
3.7 Notwithstanding any Section or Schedule of this by-law the Consumer shall be responsible for all applicable costs associated with the Municipal Water Supply System and the Water/Wastewater Operations Manager shall have authority to require full cost recovery payments of a Consumer for any service provided.
Section 4 – Connections to the Municipal Water Pollution Control System 4.1 For purposes of this Part, "Building Sewer", "Sewer", "Sewer Service" and "Sewer Service Connection" shall refer only to the Municipal Water Pollution Control
System. 4.2 An Owner (referred to in this Part as an "Applicant") wishing to have a building connected to the Municipal Water Pollution Control System shall apply to the Municipality.
4.3 No connection shall be made to the Municipal Water Pollution Control System until, a) an Application for Sewer/Water Service in the form provided by the Water/Wastewater Operations Manager (referred to in this Part as an "Application") has been approved by the Municipality; and
b) a plumbing permit has been approved by the CBO.
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4.4 All applicable connection charges shall be paid and the Municipality's approval
received at least three weeks prior to the date by which connection to the Municipal
Water Pollution Control System is requested for any Sewer Service Connection to be installed by the Municipality. 4.5 An Application must be completed prior to the connection of the Building Sewer to
the preinstalled Sewer Service Connection for each separate Sewer Service in
housing developments built on lands subject to registered plans of subdivision where the Sewer Service Connection has been installed by the subdivider. 4.6 The Water/Wastewater Operations Manager may refuse approval of an Application
where, in the Water/Wastewater Operations Manager's opinion,
a) the Municipal Water Pollution Control System may be adversely affected b) there is insufficient sewage collection and treatment capacity available c) a Sewer does not abut the applicant's land; or d) the service would contravene existing by-laws or other regulations.
4.7 An Application shall be approved and issued prior to a building permit or plumbing permit where such permits are necessary. 4.8 Where a Sewer Service Connection is to be installed for any use other than single
family, semi-detached, street townhouse or street link houses, detailed plans of the proposed Sewer Service acceptable to the Water/Wastewater Operations Manager, shall be submitted with each Application. 4.9 Every Application shall be accompanied by a payment equal to the sanitary Sewer
Service Connection charge set out in the Municipality’s Development Charges By-law. 4.10 Where a Sewer Service Connection is required and is not installed as part of a plan of subdivision, the Application shall be construed or interpreted to be an application
for the Municipality to construct the Sewer Service Connection. 4.11 The installation of the Sewer Service Connection shall not be scheduled or commenced in any way until the applicant has met all requirements of this by-law.
4.12 If any Sewer Service installation does not comply with the plans submitted pursuant to Section 4.8 of this by-law, the Municipality will not accept sewage from the premises served, or may shut off the supply of Municipal Water, until the installation is made to comply with the approved plans.
4.13 For those applications for which there is insufficient capacity within the Municipal Pollution Control System servicing the Applicant's property to meet the request of the Applicant, the Municipality may, a) deny the Application; b) grant the Application if, capacity can otherwise be made available;
c) require the Applicant to enter into a consumption and discharge agreement with the
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Municipality ; d) require the Applicant to agree to pay the cost of additional facilities necessary to
meet the requirements set out in the application.
4.14 Following the approval by the Municipality of an Application, the Treasurer shall, in the case of a commercial building, establish a customer account in the name of the Consumer, and in the case of a residential building, establish a customer account
in the name of the Owner, for the purpose of billing Sewer Charges and Sewer
Surcharge Rates. 4.15 All work involved in the installation and maintenance of Sewer Service Connections shall be performed only by duly authorized employees or agents of the Municipality
or by the Applicant in accordance with the terms of a servicing agreement.
4.16 Every Sewer Service shall be laid in a straight line and at a right angle to a Sewer, as nearly as practicable.
4.17 Where the Applicant indicates in the Application a desired location for the Sewer Service Connection, it shall be located as indicated provided the proposed location is approved by the Water/Wastewater Operations Manager. 4.18 Where the Applicant does not indicate in the Application a desired location for the
Sewer Service Connection, it will be located as determined by the Water/Wastewater Operations Manager. If the Applicant subsequently requires a relocation of the Sewer Service Connection, such relocation shall be at the expense of the Applicant, which is in addition to the original Sewer Service Connection charge.
4.19 No Sewer Service to one Owner's building shall be installed in, over or across the property of another Person or located on an easement on another Person's property, except by the written consent, in the form of an easement agreement, of the Persons concerned and the approval of the Water/Wastewater Operations
Manager. 4.20 Only one Sewer Service shall be installed on each lot, block or parcel of land unless otherwise approved by the Water/Wastewater Operations Manager.
4.21 A Sewer Service shall be installed to each Unit of semi-detached houses, street townhouses and street link houses, unless the Water/Wastewater Operations Manager has approved an alternate form of connection. 4.22 Where more than one lot, block or parcel of land under separate ownership is
served by a single Sewer Service, the Water/Wastewater Operations Manager may order the affected Consumers to disconnect from the single Sewer Service and to conform to Section 4.21 of this by-law and all costs, including those for installing new Sewer Service Connections, shall be borne by the Consumers.
4.23 A Consumer shall be responsible for the installation of a Building Sewer.
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4.24 There shall be no discharge of water or any other fluid or material into Sewer
Services during the construction of buildings.
4.25 Sewer Services shall be installed in the size, material and to other specifications approved by the Water/Wastewater Operations Manager.
4.26 Owners or occupants of land whose premises are served by the Municipal Water
Pollution Control System are responsible for providing a readily accessible 100 millimetre clean out within 1 metre of the inner face of the outside wall where the Building Sewer leaves the building.
4.27 All Sewer Service trenches shall have proper bedding and be properly backfilled to
the satisfaction of the Water/Wastewater Operations Manager and adequately protected against settlement. 4.28 Where an Application necessitates the installation of a monitoring manhole at the
property line on private property pursuant to the provisions of the Municipality’s' Sewer Use By-law, the installation of the manhole shall be the responsibility of the Applicant and the costs of such installation shall be borne by the Applicant. 4.29 The Water/Wastewater Operations Manager may connect a Sewer Service
Connection to an existing monitoring manhole on private property. 4.30 Where a monitoring manhole is required but not yet constructed, the Water/Wastewater Operations Manager may install the Sewer Service Connection and leave it plugged until a monitoring manhole is constructed by the Owner.
4.31 Where a monitoring manhole is constructed after the installation of a Sewer Service Connection, the Person constructing the monitoring manhole shall connect the Sewer Service Connection to the monitoring manhole, advise the Water/Wastewater Operations Manager that such connection has taken place and
request that the connection be inspected by the Water/Wastewater Operations Manager. 4.32 The Water/Wastewater Operations Manager is responsible for the installation, maintenance, flushing, cleaning, rotting, unblocking and repairing of Sewer Service
Connections and all such work shall be done only by employees or agents of the Municipality. 4.33 The Municipality will not clean, repair or renew Sewer Services which are longer than 30 metres.
4.34 The Municipality shall clean Sewer Services, including flushing, rodding or unblocking, throughout the Municipality of Bayham, only where readily accessible 100 millimetre diameter cleanouts are available, for single-family houses, semi-detached houses, street townhouses and street link houses with separate direct
connections to the street sewer, and up to the nearest outside manhole for
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condominiums and all costs shall be borne by the Consumer. a) If the Consumer or his agent does the cleaning, without the Municipality’s
authorization, the Consumers do so at the Consumer’s cost and there shall be no
reimbursement of such costs by the Municipality. 4.35 All Owners of single-family houses, semi-detached houses, street townhouses and street link houses which have less than a 100-millimetre diameter cleanout or a "T"
cleanout on their Sewer Services shall be provided with one (1) cleaning. Such
Owners shall be advised that no further cleaning will be provided by the Municipality until a readily accessible 100-millimetre diameter cleanout has been installed at their own expense.
4.36 All repairs to, or renewals of, Building Sewers for single-family houses, semi-
detached houses, street townhouses and street link houses with separate direct connections to the Sewer, shall be undertaken by the Municipality (excluding surface restoration, landscaping and paving) and all costs shall be borne by the Consumer. The Water/Wastewater Operations Manager may set guidelines for
such works. 4.37 Where any Sewer Service Connection or Building Sewer is found to have been blocked or damaged through the action of the Consumer occupying the property served by the pipe, or through the actions of any other Person, the cost of labour
and materials used to repair such blockage or damage shall be charged to the Owner. 4.38 No repairs to, or renewals of, Building Sewers shall be undertaken until the Owner signs the release form as provided by the Water/Wastewater Operations Manager.
4.39 Connection to the Municipal Water Pollution Control System through a rear yard shall only be allowed with the approval of the Water/Wastewater Operations Manager and by agreement with the Municipality covering, among other matters, maintenance, flushing, cleaning, rodding, unblocking, repairing, renewing and
charges. 4.40 No Person shall make any temporary connection to the Municipal Water Pollution Control System except by agreement with the Municipality.
4.41 Where a building has been or will be demolished or removed and an Owner wishes to reuse a Sewer Service Connection, which previously served the building, the Owner shall apply to reuse the Sewer Service Connection. Such Application shall be accompanied by an inspection fee in an amount set out in the Municipal Rates and Fees By-law.
4.42 Before approval and issuance of an Application, the Owner shall expose the disused Sewer Service Connection and prepare it for inspection by the Water/Wastewater Operations Manager, who may, upon inspecting such Sewer Service Connection, refuse to allow its reuse if, in the opinion of the
Water/Wastewater Operations Manager, it is not suitable material, of inadequate
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size, or defective. The opinion of the Water/Wastewater Operations Manager on this matter shall be final.
4.43 Where the Water/Wastewater Operations Manager deems that the Sewer Service Connection referred to in Section 4.42 of this by-law cannot be used, the Municipality shall replace such Sewer Service Connection and charge for such work and all costs shall be borne by the Owner.
4.44 When the Water/Wastewater Operations Manager determines that a Sewer Service Connection is no longer required due to property redevelopment or otherwise and can be abandoned, the Sewer Service Connection shall be disconnected at the Sewer by the Municipality, and the cost of the disconnection shall be borne by the
Owner of the lot, block or parcel of land which the Sewer Service Connection
served or was intended to serve, or collected as otherwise directed by the Water/Wastewater Operations Manager. Section 5 – Connections to the Municipal Storm Sewer System
5.1 For purposes of this Part, "Building Sewer", "Sewer Service" and "Sewer Service Connections" shall refer only to the Municipal Storm Sewer System. 5.2 An Owner (referred to in this Part as an "Applicant") wishing a connection to the
Municipal Storm Sewer System shall apply to the Municipality. 5.3 The Manager of Public Works, upon application to the Municipality by the Applicant, may permit foundation drain flows from a lot to be discharged by an Owner in the following manner:
a) via a sump pump to the ground surface, provided that the discharge to the ground surface does not create continually wet ground conditions and/or does not create any adverse effect upon municipal sidewalks and roads or upon adjacent properties; or b) via a sump pump to a storm sewer; or
c) via a sump pump to a dry well system, provided that appropriate soil and ground water testing is completed to establish the suitability of using a dry well system, and that the dry well system is designed and certified by a qualified Ontario Professional Engineer; or d) by gravity water flow to the storm sewer, if capacity, as determined by the Manager
of Public Works, exists in the storm sewer. 5.4 Pursuant to Section 5.3 of this By-law, any approved and permitted discharge flows shall be constructed, installed, maintained and serviced at no cost to the Municipality and all costs shall be borne by the Owner of the subject lot.
5.5 No connection shall be made to the Municipal Storm Sewer System until an Application for Sewer/Water Service in the form provided by the Manager of Public Works (referred to in this Part as an "Application") has been approved by the Municipality.
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5.6 Following the approval by the Municipality of an Application, the Treasurer shall, in the case of a commercial building, establish a customer account in the name of the
Consumer, and in the case of a residential building, establish a customer account
in the name of the Owner, for the purpose of billing Sewer Rates and Charges. A Change of Occupancy-New Account Charge in accordance with the Municipal Rates and Fees By-law shall apply.
5.7 All applicable connection charges must be paid by certified payment and the
Municipality's approval received at least three weeks prior to the date by which connection to the Municipal Storm Sewer System is requested for any Sewer Service Connection to be installed by the Municipality.
5.8 All Applications must be accompanied by detailed plans of the proposed Sewer
Service acceptable to the Manager of Public Works. 5.9 The Manager of Public Works may refuse to establish a connection to the Municipal Storm Sewer System where in his opinion the proposed connection
would harm or overload the system or where the connection would contravene existing by-laws or regulations. 5.10 All work involved in the installation of a Municipal Storm Sewer System Service Connection shall be performed by duly authorized employees or agents of the
Municipality or by the Applicant in accordance with the terms of a servicing agreement. 5.11 No person shall make any temporary connection to the Municipal Storm Sewer System, except by agreement with the Municipality.
Section 6 – Extension of the Municipal Water Pollution Control System 6.1 Extension of the Municipal Water Pollution Control System may be undertaken upon such terms and conditions as Municipal Council may from time to time
impose. 6.2 All extensions of the Municipal Water Pollution Control System shall be made pursuant to by-laws of Council.
6.3 Owners may file with the Water/Wastewater Operations Manager a written request for an extension of the Municipal Water Pollution Control System and shall supply the Water/Wastewater Operations Manager with such information with regard to the proposed extension as the Water/Wastewater Operations Manager may request.
6.4 The Water/Wastewater Operations Manager shall forward all requests for extensions of the Municipal Water Pollution Control System to Council. 6.5 Where the Municipal Water Pollution Control System has been extended, Owners
of lots abutting such extension shall pay frontage charges in accordance with the
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Municipality’s Development Charges By-law.
6.6 If, at the same time that a request for the extension of the Municipal Water Pollution
Control System is received, sufficient funds do not exist to finance any Municipal share of the cost of such extension, the Owner's request shall either be deferred until the following year or proceeded with on the basis of the Owner prepaying the total cost of the extension.
Section 7 - Miscellaneous Services and Requirements 7.1 The Treasurer shall, upon receiving a written request accompanied by payment of the fee set out in the Municipal Rates and Fees By-law in respect to each separate
parcel of land or building, furnish any Person with a written certificate showing the
arrears of Sewer Surcharge Rates and Sewer Charges due on or in respect of, any parcel of land or buildings, up to the date to which such rates or charges were last computed.
7.2 Payments submitted by Consumers and subsequently dishonoured by the financial institution on which they are drawn shall be processed by the Treasurer for the charge as set in the Municipality’s Rates and Fees By-law. Section 8 - Billing and Collecting Sewer Surcharge Rates and Charges
8.1 The Consumer shall notify the Treasurer in writing of any change of occupancy and shall pay the applicable charges as set out in the Municipal Rates and Fees By-law for change of occupancy.
8.2 All Sewer Charges and Sewer Surcharge Rates shall be payable for sewage discharged and services provided and shall be due and payable when rendered. 8.3 Regular billings for Sewer Charges and Sewer Surcharge Rates may be rendered at any periodic interval deemed advisable by the Treasurer.
8.4 The Treasurer may with reasonable notice advance or delay any regular billing of Sewer Charges and Sewer Surcharge Rates. 8.5 Where full payment for any regular billing for Sewer Charges and Sewer Surcharge
Rates is not received by the Municipality by the due date, the Consumer shall be assessed a late payment charge as set out in the Municipal Rates and Fees By-law and the amount shall appear on the next regular billing. 8.6 Where any regular billing for Sewer Charges and Sewer Surcharge Rates or
interest charges remains unpaid for three billing cycles, a period of six months, the Treasurer may add the amount owing to the municipal tax bill for the lot, as reflected in the assessment roll book, and collect in the same way, as nearly as may be, as municipal taxes are collected. a) If it becomes necessary for the Municipality to initiate the collection action indicated
in Section 8.7 of this by-law, a collection fee as set out in the Municipal Rates and
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Fees By-law shall be charged to the Consumer.
8.7 All sewer bills shall be distributed to Consumers by ordinary, prepaid mail or by any
other means deemed necessary or appropriate by the Treasurer. 8.8 Sewer Charges and Sewer Surcharge Rates shall be charged and billed to, in the case of a Residential Building, the Owner of the Residential Building; and in the
case of all other buildings and properties, the Consumer requesting the Sewer
Services. 8.9 Notwithstanding Section 8.9 of this by-law Sewer Charges and Sewer Surcharge Rates may continue to be charged and billed to the Consumer in whose name the
account was established prior to the enactment of this by-law if and so long as
such Consumer remains in possession of the Residential Building. a) Where bills may be directed to tenants or occupants at the request of the Owner pursuant to Section 8.10 of this by-law, it is the Owner who is ultimately responsible for the sewer services. Unpaid Sewer Charges and Sewer Surcharge Rates shall
be directed to the owner for payment pursuant to Section 8.9 of this by-law. 8.10 All Sewer Charges and Sewer Surcharge Rates for services rendered to buildings having multiple Units shall be charged and billed to the Owner of the property. a) Subject to Section 8.11 of this by-law properties and/or buildings containing more
than one business and/or dwelling unit shall receive a Sewer Surcharge Rate as described in Schedule "A" of this by-law for each dwelling unit and/or business contained therein. b) An Owner may request an inspection by the Water/Wastewater Operations Manager and/or CBO to determine the amount of unit base charges to be charged
pursuant to this by-law. c) The decision of the Water/Wastewater Operations Manager and/or CBO regarding an inspection pursuant to Section 8.11(b) shall be final and not subject to appeal. d) A Sewer Surcharge Rate reduction to 50% shall apply to vacant Commercial Units. The reduction is conditional upon the Owner notifying the municipality of the
vacancy in writing and the unit must be designated Commercial in the Municipality of Bayham Zoning By-law. 8.11 All Sewer Charges and Sewer Surcharge Rates for services rendered to buildings registered under the Condominium Act, R.S.O. 1990, c.C.26, as amended, shall be
billed to the condominium corporation. 8.12 Payment may be made, with no additional service charge, by personal cheque through the mail, by personal cheque or cash in person at Municipal Office, or with a possible charge, at any chartered bank within the Municipality or at any location
or payment means as directed by the Treasurer. Section 9 - Offences 9.1 No Person shall:
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a) willfully hinder or interrupt, or cause or procure to be hindered or interrupted the Municipality, or any of its officers, contractors, employees or agents, in the
exercise of any of the powers conferred by this by-law;
b) wilfully obstruct free access by Municipal employees to any part of the Municipal Water Pollution Control System or Municipal Storm Sewer System; c) lay or cause to be laid any pipe or sewer to connect with any pipe or sewer of the Municipal Water Pollution Control System or the Municipal Storm Sewer System
or in any way obtain use of the Municipal Water Pollution Control System or
Municipal Storm Sewer System without the consent of the Municipality; d) hinder, obstruct or refuse entry to any employee or agent of the Municipality in the discharge of any duty under this by-law; e) wilfully cause the Municipal Water Pollution Control System or the Municipal
Storm Sewer System to be blocked, obstructed, or damaged in any way.
f) contravene any provision of this by-law. 9.2 Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence,
exclusive of costs, as provided for in the Provincial Offences Act, R.S.O. 1990,
c.P.33, as may be amended from time to time 9.3 For purposes of Section 9 of this by-law, a separate violation shall be deemed to have been committed for each and every day during which any violation continues,
and conviction in respect of a violation shall not operate as a bar to further prosecution if such violation continues. 9.4 Where a condition is found to exist which is contrary to this by-law the Municipality may carry out an inspection and shall issue an order or orders to the Owner to
obtain compliance. a) Where with a written notice from the Water/Wastewater Operations Manager and/or the Manager of Public Works has not been complied with within the time period specified within the written notice, the Municipality may take any action deemed necessary to rectify the issue. All costs to rectify the issue shall be borne
by the Owner. Section 10 - Enforcement 10.1 The provisions of this by-law may be enforced by any Person, including the
Water/Wastewater Operations Manager and/or the Manager of Public Works, approved for the purpose by a by-law of the Municipality and/or employees of the Municipality whose duties include enforcement of this by-law. 10.2 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. Section 11 – Interpretation
11.1 The schedules referred to in this by-law shall form part of this by-law.
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11.2 If any section, subsection, or part of this by-law is declared by any court of
competent jurisdiction to be illegal or ultra vires, such section, subsection or part
shall be declared to be separate and independent and enacted as such. 11.3 Wherever a word importing the singular number is used in this by-law, such word shall include the plural.
11.4 The grammatical changes required to make the provisions of this by-law apply to individuals (male or female), sole proprietorships, partnerships, unincorporated associations, unincorporated organizations, corporations, trustees, heirs, executors, administrators and other legal representatives where the context so
requires shall be assumed as though in each case fully expressed.
Section 12 - Repeal 12.1 That By-law No. 2019-060 and any amendments shall be repealed in its entirety.
Section 13 – Effective Date 13.1 This by-law shall become effective and in full force on the day of its passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7th DAY OF SEPTEMBER 2023.
________________________________ ________________________________ MAYOR CLERK
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Schedule ‘A’
Wastewater Surcharge Rates
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029
Monthly Charge $56.06 $56.62 $57.19 $57.76 $58.34 $58.92 $59.51 $60.11 $60.71 $61.32 $61.93
Stormwater Private Drain Connection (PDC) Charges
Fee
Residential PDC Connection $4,000.00 Other/Commercial PDC Connection $5,250.00 Notes: 1) Should costs exceed minimum fee, full cost recovery for Capital Construction will be
applied. (This will include road restoration and all other costs incurred to install services.) 2) PDC Charges to be indexed annually in January in accordance with the Statistics Canada Quarterly, Construction Price Statistics, catalogue No. 11-001.
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: September 7, 2023
REPORT: CAO-48/23 SUBJECT: BUILDING INSPECTOR/DEPUTY CHIEF BUILDING OFFICIAL RECRUITMENT –
SHARED SERVICES BUILDING SERVICES
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 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. Effective July 1, 2023, Council commenced a shared service arrangement with Malahide for Building services, with Scott Sutherland appointed as Bayham’s Chief Building Official (CBO) and RSM appointed as Building Officials in a support capacity.
In July 2023, Malahide commenced recruitment for a Building Inspector/Deputy CBO in support of the shared service and to decrease reliance on consultant support. DISCUSSION Interviews were conducted the week of August 14-18, 2023 with an interview panel consisting of the
HR Manager (Malahide), CBO (Malahide/Bayham), and CAO (Bayham). On August 30, 2023, Bayham was advised that Shane Hughes has accepted the position of Building Inspector/Deputy Chief Building Official in support of the Shared Service MOU for Building Services between Malahide and Bayham. Hughes has fifteen (15) years of building sector experience with the City of London and most recently with the Municipality of Strathroy-Caradoc. He will start with Malahide and Bayham on September 18, 2023.
To ensure he is properly appointed to his roles with Bayham, an amending by-law is proposed to
Council to amend the Municipality’s appointment by-law. Staff recommend receipt of this Report for information and to authorize the appropriate amending by-law be presented to Council for consideration.
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): Not applicable. RECOMMENDATION 1. THAT Report CAO-48/23 re Building Inspector/Deputy Chief Building Official Recruitment - Shared Services Building Services be received for information;
2. AND THAT the appropriate appointment by-law be brought forward for Council’s consideration.
Respectfully Submitted by:
Thomas Thayer, CMO, AOMC
Chief Administrative Officer
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, without first having obtained prior written approval from the Municipality of Bayham; 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, without first having obtained prior written approval from the Municipality of Bayham; 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 7th DAY OF SEPTEMBER 2023.
___________________________ _____________________________ MAYOR CLERK
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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO 2023-067
BEING A BY-LAW RESPECTING THE MUNICIPAL WATER SUPPLY
SYSTEM IN THE MUNICIPALITY OF BAYHAM AND
THE ESTABLISHMENT OF WATER RATES
WHEREAS under Section 11 of the Municipal Act, 2001, a municipality may pass by-laws respecting matters within the sphere of jurisdiction of Public Utilities, which includes a system that is used to provide water services for the public; AND WHEREAS section 9 of the Municipal Act, 2001 provides that Section 11 shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as
they consider appropriate and to enhance their ability to respond to municipal issues; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS A BY-LAW AS FOLLOWS:
Short Title
This By-law may be referred to as the Municipal Water Supply System By-law Section 1 – Definitions
1.1 In this by-law: a) “Chief Building Official (CBO)” shall mean the Chief Building Official (CBO) of the Corporation of the Municipality of Bayham;
b) "Consumer" shall mean the Owner, occupant, builder or developer of property which is serviced by, connected to or uses the Municipal Water Supply System; c) “Council” shall mean the Council of the Corporation of the Municipality of Bayham;
d) "Dwelling Unit" shall mean real property used or designed for use as a home or as a place in which one or more persons may sleep; e) "Metered Water" shall mean Municipal Water supplied to Consumers through
Water Meters;
f) "Municipality" shall mean the Corporation of the Municipality of Bayham; g) "Municipal Water" shall mean Potable Water or Raw Water carried by the Municipal Water Supply System;
h) "Municipal Water Supply System" shall mean the water supply system of the Municipality including all water supply plants, wells, intakes, outlets, equipment, water storage tanks and reservoirs, water supply pumping stations, Watermains,
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appurtenances, Water Service Connections, Water Meters and all other water works designated for the supply of water together with all lands appropriated for
such purposes and uses; i) "Owner" shall mean the registered owner of a parcel of property as such person is described in the most current assessment roll;
j) "Person" shall include, but not be limited to, an individual, sole proprietorship, partnership, unincorporated association, unincorporated organization, corporation, trustee, heir, executor, administrator or other legal representative; k) "Potable Water" shall mean treated Municipal Water;
l) "Private Water Meter" shall mean a water meter purchased and installed by the Consumer for secondary measurement of water consumption; m) "Raw Water" shall mean untreated Municipal Water;
n) "Residential Building" shall mean a structure that contains one or more Dwelling Units; o) "Service Pipe" shall mean that part of a Water Service from the street line,
property line or easement limit to a building;
p) "Treasurer" shall mean the Treasurer of the Corporation of the Municipality of Bayham;
q) "Unit" shall mean an area within a building that is self-contained with separate
plumbing facilities and, in the case of multiple units, the units may be owned or rented by different Persons; r) "Unmetered Fire Line" shall mean a Water Service supplying Unmetered Water
for the purpose of fire protection but does not include a water line serving hydrants
owned and maintained by the Municipality; s) "Unmetered Water" shall mean Municipal Water supplied to Consumers without the use of a Water Meter;
t) "Water Charges" shall mean the charges set out in the Municipal Rates and Fees By-law; u) "Watermain" shall mean a pipe forming part of the Municipal Water Supply System
that conveys Municipal Water from water supply plants and wells to Water
Services; v) "Water Meter" shall mean a device and associated appurtenances supplied and installed by a licensed plumber or water meter installer used for measuring water
consumption for billing purposes;
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w) "Water Service" shall mean a pipe connecting a Watermain to a building or facility
for domestic or fire protection purposes consisting of a Water Service Connection and a Service Pipe; x) "Water Service Connection" shall mean that part of the Municipal Water Supply System connecting a Watermain to a Service Pipe;
y) "Water Rates" shall mean the rates set out in Schedule "A" of this by-law. z) "Water/Wastewater Operations Manager" shall mean the Water/Wastewater Operations Manager of the Corporation of the Municipality of Bayham.
Section 2 - General 2.1 The responsibility for the construction, operation and maintenance of the Municipal Water Supply System is vested in the Water/Wastewater Operations Manager.
2.2 No construction, operation or maintenance work of any kind or nature not specifically authorized by this by-law shall be performed on the whole or any part of the Municipal Water Supply System by anyone other than the Municipality except as authorized in writing by the Water/Wastewater Operations Manager.
2.3 The Municipality may supply Municipal Water as circumstances, equipment and capacity permit. 2.4 No Municipal Water shall be supplied to any property outside of the Municipality of
Bayham except by special agreement with the Municipality.
2.5 The Municipality does not guarantee to any Consumer an uninterrupted supply of Municipal Water or that any standard of water pressure, water quantity or water quality will be met or maintained and any failure to provide an uninterrupted supply
of Municipal Water or to meet any such standard shall not be construed as neglect
on the part of the Municipality. 2.6 No employee or agent of the Municipality shall under any circumstances be permitted to give any guarantee that any set standards for water pressure, water
quality or water quantity will be met or maintained.
2.7 The Municipality may limit the amount of Municipal Water supplied to a Consumer. 2.8 The Water/Wastewater Operations Manager may restrict the consumption and use
of Municipal Water when required at the sole, absolute and unfettered discretion of
the Water/Wastewater Operations Manager. Failure to comply with said restriction shall be an offence. 2.9 The Water/Wastewater Operations Manager may upon reasonable notice to the
Consumer shut off water within all or any part of the Municipal Water Supply
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System, however, in emergency situations, notice need not be given.
2.10 The Municipality shall not be liable for damages caused by the breaking of any Water Service, Watermain or appurtenance or for damage to boilers, fittings or other equipment or property or injury to any Person by reason of any disruption of water supply, including service shut-off and pressure fluctuations, even where no notice is given.
2.11 Any Person authorized by the Water/Wastewater Operations Manager for that purpose shall have free access, at all reasonable times, and upon reasonable notice given and request made, to all property and parts of every building or other premises to which Municipal Water is supplied, for the purpose of inspecting,
repairing, altering, disconnecting or shutting off any Service Pipe or appurtenances,
or for installing, sealing, replacing, maintaining, repairing, testing, reading, inspecting, or removing any Water Meter as he considers expedient and for such purposes may set the Water Meter or alter its position.
2.12 Plants, shrubs, trees, hedges, fences, other structures and vehicles shall not
obstruct the free access to, and the repair or operation of a hydrant, hydrant valve, a Water Service Connection, a valve box, a service box, Water Meter, curb stop or chamber, by duly authorized employees or agents of the Municipality.
2.13 No Person shall proceed with, or authorize, any construction which is, or is
proposed to be, located over, under, across or along any Watermain or other works forming part of the Municipal Water Supply System without first notifying the Water/Wastewater Operations Manager in writing of his intention to proceed with the same. If, in the opinion of the Water/Wastewater Operations Manager, it
becomes necessary to support, protect or relocate such Watermain or other works,
the cost of supporting, protecting or relocating the Watermain or other works shall be charged to such Person and the Water/Wastewater Operations Manager shall have the power to supervise and direct the supporting, protecting or relocating of such works.
2.14 Any Person who has proceeded with or authorized any construction or work which is located under, over, across or along any Watermain or other part of the Municipal Water Supply System shall be liable for any damage caused by such construction or work. The Water/Wastewater Operations Manager shall be notified
immediately of any damage inflicted on the Municipal Water Supply System. If the
damage is not remedied to the satisfaction of the Water/Wastewater Operations Manager within a reasonable period of time, the Water/Wastewater Operations Manager may, upon giving reasonable notice, have such damage repaired, and the cost of repairs shall be borne solely by such Person.
Section 3 – Water Rates, Charges and Revenues 3.1 If in any fiscal year the revenues generated by the Water Rates and Water Charges are not sufficient to meet the Municipality's expenditures for the Municipal
Water Supply System, the deficit may be covered by a duly authorized increase in
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Water Rates and Water Charges for the succeeding fiscal year. To the extent that such increases are not sufficient for such purposes, the required amounts shall be
raised by a duly authorized special Municipal levy as set out in the Municipal Act,
2001. 3.2 All revenue raised by the methods described in this by-law, or authorized, shall be applied to the Municipal Water Supply System.
3.3 Consumers of Metered Water shall be billed on the basis of their consumption of Municipal Water and shall be charged the Metered Water Rates set out in Schedule "A" of this by-law.
3.4 Persons desiring to connect buildings that they own or occupy to the Municipal
Water Supply System shall, in accordance with Section 5 of this by-law, pay the required fees in accordance with the Municipality’s Development Charges By-law. 3.5 Persons desiring the extension of the Municipal Water Supply System shall pay
charges in accordance with Section 6 of this by-law.
3.6 Persons requiring the miscellaneous services set out in various parts of this by-law shall pay the charges set out in the Municipal Rates and Fees By-law.
3.7 Notwithstanding any Section or Schedule of this by-law the Consumer shall be
responsible for all applicable costs associated with the Municipal Water Supply System and the Water/Wastewater Operations Manager shall have authority to require full cost recovery payments of a Consumer for any service provided.
Section 4 – Metered Water Service
4.1 Water Meters shall be installed on all Water Services unless otherwise directed by the Water/Wastewater Operations Manager.
4.2 Consumers shall be responsible for providing a location and suitable plumbing for
the installation of a Water Meter and any other devices or reading devices associated with the Water Meter. The Water Meter and associated devices shall be installed by a licensed plumber or Water Meter installer prior to occupancy of the building. A Water Meter and any other devices or reading devices associated with
the Water Meter shall be inspected by the Municipality prior to occupancy of the
building. 4.3 The Water Meter location shall be readily accessible and located where the Service Pipe enters a building's full basement or in another area of a building or location
approved by the Water/Wastewater Operations Manager. The Water Meter shall
not be covered or enclosed except with the approval of the Water/Wastewater Operations Manager. 4.4 All Water Meters shall be owned by the Municipality. The cost of additional private
water meters, including supply, installation, repair and replacement, shall be borne
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by the Consumer. Once installed, the Water Meter location shall not be changed except with the approval of the Water/Wastewater Operations Manager.
4.5 Water Meters shall be installed, sealed, replaced, maintained, repaired, tested, inspected, and removed only by employees or agents of the Municipality or by a licensed plumber or water meter installer.
4.6 If the Municipality cannot gain access to a premise, for the purpose of installing, sealing, replacing, maintaining, repairing, testing, reading, inspecting or removing a Water Meter, the Municipality may shut off or restrict the supply of Municipal Water to the property and the Consumer shall pay the water shut off charges set out in the Municipal Rates and Fees By-law.
4.7 The Municipality shall not be responsible for any damage to buildings or property occasioned by, or in the course of, installing, sealing, replacing, maintaining, repairing, testing, reading, inspecting or removing any Water Meter provided that reasonable care has been taken by the employees or agents of the Municipality in
the course of such activities.
4.8 Where a metered Water Service is in use, all Municipal Water consumed on the property shall pass through the Water Meter authorized by the Municipality for use on the property except where unmetered use is permitted by this by-law.
4.9 Consumers shall be responsible for the safety and care of the Water Meter placed in the Consumer's building, meter room, chamber or other facility and shall be liable for all damage from any cause, and for the loss of the Water Meter. If the Water Meter is removed without the consent of the Municipality, whether stolen or
otherwise, or damaged from any cause, the cost of replacement or repair shall be
payable to the Municipality by the Consumer on demand in accordance with the charge for Water Meter Bottom Frost Plate with Gasket set out in the Municipal Rates and Fees By-law.
4.10 Only one Water Meter shall be installed on a Service Pipe whether the Service Pipe
serves a single building, a number of buildings or a multi-unit building unless otherwise approved by the Water/Wastewater Operations Manager. For purposes of this subsection, each half of a semi-detached dwelling and each unit of street townhouses or link houses with separate water services are to be considered a
single building.
4.11 If a Consumer receiving Unmetered Water requests that a Water Meter be installed, the Water/Wastewater Operations Manager may, at his discretion, comply with such request. The cost of any plumbing alterations shall be borne by the Consumer.
4.12 The Municipality shall not supply, install, replace, repair or inspect Private Water Meters or bill water consumption based on Private Water Meters. Water supply pipes to Private Water Meters must be connected to the Owner's plumbing on the outlet side of a Water Meter.
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4.13 No Person, except a Person authorized by the Water/Wastewater Operations Manager for that purpose, shall be permitted to open, or in any way tamper with,
any Water Meter, or with the seals placed thereon, or do anything to interfere with the proper registration of the quantity of water passing through such Water Meter. Should any Person change, tamper with or otherwise interfere in any way with any Water Meter placed in any building, meter room, chamber or other facility, the Water/Wastewater Operations Manager may without notice shut-off the water for
such building, or premise, and the water shall not be turned on to such building, or premises, without the approval of the Water/Wastewater Operations Manager. 4.14 If the Water/Wastewater Operations Manager directs that a Water Meter be installed in a meter chamber or other facility, it shall be constructed, maintained and
kept accessible to the employees or agents of the Municipality by the Consumer at
the Consumer's cost in a manner satisfactory to the Water/Wastewater Operations Manager. 4.15 The size of Water Meters to be installed will be determined by the
Water/Wastewater Operations Manager based on either maximum demand flow
rates provided by the Consumer or on the consumption estimates of the Water/Wastewater Operations Manager where no flow rates are provided by the Consumer or where the flow rates provided by the Consumer are inappropriate in the opinion of the Water/Wastewater Operations Manager.
4.16 Unless otherwise approved by the Water/Wastewater Operations Manager, no pipe connection shall be made to a Service Pipe other than after the outlet side of a Water Meter. Where required or approved by the Water/Wastewater Operations Manager, properly valved and sealed by-passes around the Water Meter shall be
provided by and at the expense of the Consumer.
4.17 A Water Meter by-pass is intended for meter maintenance purposes only and shall not be turned on except by the Municipality.
4.18 Stop and waste corporation valves shall be installed on either side of Water Meters.
4.19 Consumers shall immediately notify the Water/Wastewater Operations Manager of any breakage, stoppage or irregularity in a Water Meter.
4.20 Before demolition or removal of a building, the Consumer shall make arrangements
with the Water/Wastewater Operations Manager for the shutting off of the Water Service and for safe access for the removal of the Water Meter. All costs to repair or replace a Water Meter, damaged or lost due to building demolition or removal shall be borne by the Consumer.
4.21 All Water Meter readings shall be obtained under the co-ordination and control of the Treasurer. 4.22 Water Meter readings may be obtained by duly authorized employees or agents of
the Municipality who, while performing Water Meter reading duties, shall carry
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identification designating them as employees or agents of the Municipality.
4.23 Consumers shall provide free and clear access to Water Meters for purposes of reading or inspection, in accordance with Section 4.6 of this by-law. 4.24 Water Meters shall be read at such time as the Treasurer shall, in his absolute discretion, deem advisable.
4.25 The Treasurer shall estimate the quantity of water used by the Consumer since the date of the last accurate meter reading or the last estimate of consumption and bill the Consumer in accordance with the rates set out in Schedule "A" of this by-law, in circumstances where:
a) the Water Meter is broken, stopped, frozen or operates intermittently;
b) the Water Meter or meter seal has been disconnected, altered, broken or tampered with in any way; c) the Water Meter has been incorrectly read; d) the Water Meter reading has been incorrectly recorded;
e) a Water Meter by-pass has been used or the by-pass seal has been disconnected,
broken, altered or tampered with; f) the Person duly authorized to do so has been unable to obtain a Water Meter reading; g) no Water Meter reading has been submitted to the Treasurer by a Consumer
requested to do so; or
h) the Treasurer deems it necessary or desirable 4.26 Where the quantity of water used by a Consumer has been estimated pursuant to Section 4.25 of this by-law, the Treasurer may, at the time of the first accurate
meter reading subsequent to such estimate, make a new estimate of the quantity of
water used by the Consumer and adjust the billing to the Consumer accordingly. 4.27 In circumstances where, in the opinion of the Water/Wastewater Operations Manager, it is necessary or desirable that a Consumer run water continuously, the
Water/Wastewater Operations Manager may authorize such usage and the
Treasurer may adjust the Consumer's metered billing to conform with the Consumer's normal pattern of water use. 4.28 A Consumer, upon written application to the Treasurer, may have a Water Meter
tested. If a Water Meter is shown by the test to measure the flow of water within or
below American Water Works Association (AWWA) specifications, the Consumer shall be charged the fee for the test set out in the Municipality’s Rates and Fees by-law. If a Water Meter is shown by the test to measure the flow of water above AWWA specifications, no fee shall be charged for the test, and the Consumer's water bill will
be adjusted in an amount determined by the Treasurer.
Section 5 – Connections to Municipal Water Supply System 5.1 An Owner (referred to in this Part as an "Applicant") wishing to have a building
connected to the Municipal Water Supply System shall apply to the Municipality.
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5.2 No connection shall be made to the Municipal Water Supply System until;
a) an Application for Sewer/Water Service in the form provided by the Water/Wastewater Operations Manager (referred to in this Part as an "Application") has been approved by the Municipality; and b) a plumbing permit has been approved by the Chief Building Official.
5.3 All applicable connection charges must be paid by certified payment and the Municipality's approval received at least three weeks prior to the date by which connection to the Municipal Water Supply System is requested for any Water Service Connection to be installed by the Municipality.
5.4 An Application must be completed prior to the connection of the Service Pipe to the
preinstalled Water Service Connection for each separate Water Service in housing developments built on lands subject to registered plans of subdivision where the Water Service Connection has been installed by the subdivider.
5.5 The Water/Wastewater Operations Manager may refuse approval of an Application
where, in the Water/Wastewater Operations Manager’s opinion; a) the Municipal Water Supply System may be adversely affected; b) there is insufficient water supply available; c) Municipal Water pressures are high or low;
d) a Watermain does not abut the Applicant's land; or
e) the service would contravene existing by-laws or other regulations. 5.6 An application shall be approved and issued prior to a building permit or plumbing permit being issued where such permits are necessary.
5.7 Where a Water Service Connection is to be installed as part of an Unmetered Fire Line, or for any use other than a single family, semi-detached, street townhouse or street link houses, or where the proposed Water Service Connection is greater than one inch in diameter, detailed plans of the proposed Water Service or Unmetered
Fire Line acceptable to the Water/Wastewater Operations Manager shall be
submitted with each Application. 5.8 Every application shall be accompanied by the applicable fee as outlined in the Municipality’s Development Charges By-law.
5.9 Where a Water Service Connection is required and is not installed as part of a plan of subdivision, the Application shall be construed or interpreted to be an application for the Municipality to construct the Water Service Connection. a) The installation of the Water Service Connection shall not be scheduled or
commenced in any way until the Applicant has met all requirements of this by-law.
5.10 If any Water Service installation does not comply with the plans submitted pursuant to Section 5.7 of this by-law, Municipal Water shall not be supplied to the premises served, until the installation is made to comply with the approved plans.
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5.11 If the service box on a Water Service Connection, preinstalled as part of a plan of subdivision or newly installed for the development of the lot, has been damaged,
the Municipality will repair the service box and invoice the Applicant any associated costs. 5.12 Water Services for commercial, industrial, institutional and multi-residential buildings shall not be turned on until the systems on private property have been
inspected, pressure tested, flushed and chlorinated and the water is determined by qualified personnel to be safe for drinking, all to the satisfaction of the Water/Wastewater Operations Manager. Test results shall be submitted to the Water/Wastewater Operations Manager prior to the Water Service being turned on.
5.13 For those applications for which there is insufficient capacity within the water supply
facilities servicing the Applicant's property to meet the request of the Applicant, the Municipality may, a) deny the Application; b) grant the Application if, capacity can otherwise be made available;
c) require the Applicant to enter into a consumption and discharge agreement with the
Municipality ; d) require the Applicant to agree to pay the cost of additional facilities necessary to meet the requirements set out in the application.
5.14 Following the approval by the Municipality of an Application, the Treasurer shall, in
the case of a commercial building, establish a customer account in the name of the Consumer, and in the case of a residential building, establish a customer account in the name of the Owner, for the purpose of billing Water Rates and Charges. A Change of Occupancy-New Account Charge in accordance with the Municipal
Rates and Fees By-law.
5.15 All work involved in the installation and maintenance of Water Service Connections shall be performed only by duly authorized employees or agents of the Municipality or by the Applicant in accordance with the terms of a servicing agreement.
5.16 Every Water Service shall be laid in a straight line and at a right angle to a Watermain, as nearly as practicable. 5.17 Where the Applicant indicates in the Application a desired location for the Water
Service Connection, it shall be located as indicated provided the proposed location
is approved by the Water/Wastewater Operations Manager. 5.18 Where the Applicant does not indicate in the Application a desired location for the Water Service Connection, it will be located as determined by the
Water/Wastewater Operations Manager. If the Applicant subsequently requires a
relocation of the Water Service Connection, such relocation shall be at the expense of the Applicant, which is in addition to the original Water Service Connection charge.
5.19 No Water Service to one Owner's building shall be installed in, over or across the
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property of another Person or located on an easement on another Person's property, except by the written consent, in the form of an easement agreement, of
the Persons concerned and the approval of the Water/Wastewater Operations Manager. 5.20 Only one Water Service shall be installed on each lot, block or parcel of land unless otherwise approved by the Water/Wastewater Operations Manager.
5.21 A Water Service shall be installed to each Unit of semi-detached houses; street townhouses and street link houses, unless the Water/Wastewater Operations Manager has approved an alternate form of connection.
5.22 Where more than one lot, block or parcel of land under separate ownership is
served by a single Water Service, the Water/Wastewater Operations Manager may order the affected Consumers to disconnect from the single Water Service and to conform to Section 5.20 of this by-law and all costs, including those for installing new Water Service Connections, shall be borne by the Consumers.
5.23 Where the Municipality replaces a substandard Water Service Connection as part of a construction project, the Consumer shall be responsible for the cost of replacing the Service Pipe and shall have a period of thirty days from the date of written notice from the Water/Wastewater Operations Manager to connect the
Consumer's building to the new Water Service Connection.
5.26 Anti-tampering devices shall be installed on service boxes on new Water Service Connections, when deemed necessary by the Water/Wastewater Operations Manager.
5.27 Where anti-tampering devices are installed on service boxes, the cost of purchasing, installing and maintaining such devices shall be borne by the Consumer.
5.28 The Consumer shall be responsible for the installation of a Service Pipe.
5.29 Water Services shall be installed in the size, material and in compliance with the Ontario Provincial Design Standards and/or Ontario Building Code and subsequently approved by the Water/Wastewater Operations Manager and/or
CBO.
5.30 Unless otherwise directed by the Water/Wastewater Operations Manager, Water Services shall be laid, a) at a depth of 1.8 metres below the surface of the soil surrounding the trench in
which the pipes are laid or below the certified road grade where the pipes are laid
on a road allowance; and b) at a distance of more than 0.5 metres from any other pipe, conduit or drain. 5.31 Service Pipes shall enter a building where there is a full basement or in another
area of a building or location approved by the Water/Wastewater Operations
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Manager which allows free and easy access to install, maintain and read a Water Meter.
5.32 Each Service Pipe, in accordance with Section 4.18 of this by-law, shall be fitted with two full port, stop and waste corporation valves (gate or ball type). One valve shall be located on the inlet side of the Water Meter immediately inside of the building. The other valve shall be on the outlet side of the Water Meter. The valves
shall be well secured from frost and of the same size as the Water Meter inlet and outlet stubs. The valves shall be installed and maintained at the Consumer's expense unless otherwise directed by the Water/Wastewater Operations Manager. 5.33 No soldered joints, fittings or other appurtenances shall be permitted on any Water
Service.
5.34 All Water Service trenches shall have proper bedding and be properly backfilled to the satisfaction of the Water/Wastewater Operations Manager and adequately protected against settlement.
5.35 The Consumer is responsible for the repair or replacement of a leaking or defective Service Pipe or appurtenance and if, after written notice, it is not remedied, forthwith to the satisfaction of the Water/Wastewater Operations Manager, the Water/Wastewater Operations Manager may enter upon the land where the
Service Pipe is located and repair or replace the same and the cost of such repair
or replacement shall be borne by the Consumer. 5.36 The Water/Wastewater Operations Manager may shut off or restrict the supply of water to any building in which any leaking or defective pipe, tap or fixture exists,
and may require that the pipe, tap or fixture be repaired or replaced by the
Consumer in such manner as the Water/Wastewater Operations Manager may approve, before the water is turned on again. 5.37 The Water/Wastewater Operations Manager or the Treasurer may estimate the
amount of water lost from leaks and charge the Consumer accordingly.
5.38 If a Service Pipe becomes frozen, the Water/Wastewater Operations Manager may upon request have such Service Pipe thawed, and the Owner shall be responsible for the full charges for such services. The repair costs for damages caused by the
thawing operation shall be the responsibility of the Owner.
5.39 Where any thawing operation undertaken pursuant to Section 5.38 of this by-law may in the opinion of the Water/Wastewater Operations Manager present a hazard, the Water/Wastewater Operations Manager may refuse to perform such activity.
5.40 When directed by the Water/Wastewater Operations Manager, the Consumer shall replace the Service Pipe if it is subject to freezing. The associated replacement costs shall be borne by the Consumer.
5.41 No Person shall make any temporary connection to the Municipal Water Supply
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System except by agreement with the Municipality.
5.42 Where a building has been or will be demolished or removed and an Owner wishes to reuse a Water Service Connection, which previously served the building, the Owner shall apply to reuse the Water Service Connection. Such Application shall be accompanied by an inspection fee in an amount set out in the Municipal Rates and Fees By-law.
5.43 Before approval and issuance of an Application, the Owner shall expose the disused Water Service Connection and prepare it for inspection by the Water/Wastewater Operations Manager, who may, upon inspecting such Water Service Connection, refuse to allow its reuse if, in the opinion of the
Water/Wastewater Operations Manager, it is not suitable material, of inadequate
size, or defective. The opinion of the Water/Wastewater Operations Manager on this matter shall be final. 5.44 Where the Water/Wastewater Operations Manager deems that the Water Service
Connection referred to in Section 5.43 of this by-law cannot be used, the
Municipality shall replace such Water Service Connection and all costs shall be borne by the Owner. If a deposit is required, any differential between the cost and the deposit shall either be refunded to or payable by the Owner, as appropriate.
5.45 When the Water/Wastewater Operations Manager determines that a Water Service
Connection is no longer required due to property redevelopment or otherwise and can be abandoned, the Water Service Connection shall be disconnected at the Watermain by the Municipality, and the cost of the disconnection shall be borne by the Owner of the lot, block or parcel of land which the Water Service Connection
served or was intended to serve, or collected as otherwise directed by the
Water/Wastewater Operations Manager. Section 6 – Extension of the Municipal Water Supply System 6.1 Extension of the Municipal Water Supply System may be undertaken upon such terms and conditions as Council may from time to time impose.
6.2 All extensions of the Municipal Water Supply System shall be made pursuant to by-laws of Council. 6.3 Owners may file with the Water/Wastewater Operations Manager a written request for an extension of the Municipal Water Supply System and shall supply the
Water/Wastewater Operations Manager with such information with regard to the proposed extension as the Water/Wastewater Operations Manager may request. 6.4 The Water/Wastewater Operations Manager shall forward all requests for extensions of the Municipal Water Supply System to Council.
6.5 Where the Municipal Water Supply System has been extended, Owners of lots abutting such extension shall pay frontage charges in accordance with the
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Municipality’s Development Charges By-law.
6.6 Where the Municipal Water Supply System is requested to be extended by an Owner and the building is more than 150 meters away from the Municipal Water Supply System, the Owner shall abide by the following conditions: a) A meter pit shall be installed at the property line closest to the Municipal Water Supply System;
b) The Owner of the property shall request from the contractor that the longest Service Pipe be used to reduce the amount of compression fittings on the Service Pipe to reduce potential future leakage problems; 6.7 If, at the same time that a request for the extension of the Municipal Water Supply
System is received, sufficient funds do not exist to finance any Municipal share of
the cost of such extension, the Owner's request shall either be deferred until the following year or proceeded with on the basis of the Owner prepaying the total cost of the extension.
Section 7 – Water Service for Fire Protection
8.1 No Person other than duly authorized employees or agents of the Municipality shall operate or take water from any Municipal or private hydrant.
7.2 The Water/Wastewater Operations Manager may supply Municipal Water to
Consumers within the Municipality of Bayham who have Unmetered Fire Lines for fire protection purposes and such water may serve private hydrants, automatic sprinkler systems and standpipes.
7.3 An Unmetered Fire Line shall be separate from the domestic Water Service.
7.4 An Unmetered Fire Line and Water Service Connection may be combined within a public road allowance or easement provided separation takes place within the public road allowance or easement and provided further that a valve is installed on
each branch within the public road allowance or easement.
7.5 The Municipality may inspect the installation of a separate fire line for the fee set out in the Municipal Rates and Fees By-law.
7.6 Private hydrants shall be inspected, operated and maintained by the Owners on an
annual basis or after every use as required by the Ontario Fire Code. Owners shall also flush private hydrants annually and repair them as required to ensure that they do not leak.
7.7 Where an Unmetered Fire Line is provided, no water shall be taken other than for
fire protection or testing of the fire protection system unless authorized by the Water/Wastewater Operations Manager. 7.9 Drain ports in private hydrants shall be plugged.
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7.10 If an Unmetered Fire Line or a private hydrant becomes frozen, the Water/Wastewater Operations Manager may upon request have such Unmetered
Fire Line or hydrant thawed, and the Owner shall be responsible for the charges for such services. a) The repair costs for damages caused by the thawing operation shall be the responsibility of the Owner of the building. b) Where any thawing operation undertaken pursuant to Section 7.10 (a) of this by-law
may in the opinion of the Water/Wastewater Operations Manager present a hazard, the Water/Wastewater Operations Manager may refuse to carry it out. 7.11 Anti-tampering devices shall be installed on hydrants and valve boxes, when deemed necessary by the Water/Wastewater Operations Manager.
a) Where anti-tampering devices are installed on hydrants in new developments such
as industrial or residential subdivisions, the cost of purchasing, installing and maintaining such devices shall be borne by the developer. 7.12 A driveway shall be constructed no closer than 1 metre from a hydrant.
7.13 If a person requests that a hydrant be relocated away from a driveway or for any other reason, the cost of relocating the hydrant shall be borne by the Person who requests such relocation.
Section 8 – Miscellaneous Services and Requirements
8.1 The Water/Wastewater Operations Manager shall, at the request of a Consumer, shut the Consumer's Municipal Water Supply off or turn it on for the charges set out in the Municipal Rates and Fees By-law.
8.2 The Treasurer shall, upon receiving a written request accompanied by payment of the fee set out in the Municipal Rates and Fees By-law in respect to each separate parcel of land or building, furnish any Person with a written certificate showing the arrears of Water Rates and Water Charges due on or in respect of, any parcel of
land or buildings, up to the date to which such rates or charges were last computed.
8.3 Cheques submitted by Consumers and subsequently dishonoured by the financial institutions on which they are drawn shall be processed by the Treasurer for the charge as set out in the Municipality’s Rates and Fees By-law.
8.4 When any building is empty, disused or vacated for a period which may exceed four weeks, or is without heat during below freezing weather, it is the Consumer's responsibility to shut off the water supply from within the building and to drain the piping and Water meter therein. The Consumer may apply verbally or in writing to
the Treasurer to have the curb stop turned off in accordance with the conditions set
out in Section 8.1 of this by-law. 8.5 Where the water supply has not been shut off at the curb stop and any building left vacant or without heat suffers damage or if any of the buildings contents are
damaged from a leaking or burst water pipe, the Consumer shall have no claim
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against the Municipality. Should the Municipality become aware of such leaking or burst water pipes, the Water/Wastewater Operations Manager will turn off the water
service at the curb stop and the water supply shall not be turned on until the Water/Wastewater Operations Manager considers it advisable. Section 9 - Billing and Collecting Water Rates and Charges
9.1 The Consumer shall notify the Treasurer in writing of any change of occupancy and shall pay the applicable charges as set out in the Municipal Rates and Fees By-law for change of occupancy. 9.2 All Water Rates and Water Charges shall be payable for water consumed and
services provided and shall be due and payable when rendered.
9.3 Regular billings for Water Rates and Water Charges may be rendered at any periodic interval deemed advisable by the Treasurer.
9.4 The Treasurer may with reasonable notice advance or delay any regular billing of
Water Rates or Water Charges. 9.5 The Treasurer may bill Owners for frontage charges imposed pursuant to the Municipality’s Development Charges By-law, in the same manner and with the
same remedies for collection as Water Rates.
9.6 Where full payment for any regular billing for Water Rates and Water Charges is not received by the Municipality by the due date, the Consumer shall be assessed a late payment charge as set out in the Municipal Rates and Fees By-law and the
amount shall appear on the next regular billing.
9.7 Where any regular billing for Water Rates and Water Charges or interest charges remains unpaid for three billing cycles, a period of six months, the Treasurer may add the amount owing to the municipal tax bill for the lot, as reflected in the
assessment roll book, and collect in the same way, as nearly as may be, as
municipal taxes are collected. a) If it becomes necessary for the Municipality to initiate the collection action indicated in Section 9.7 of this by-law, a collection fee as set out in the Municipal Rates and Fees By-law shall be charged to the Consumer.
9.8 All water bills shall be distributed to Consumers by ordinary, prepaid mail or by any other means deemed necessary or appropriate by the Treasurer. 9.9 Water Rates and Water Charges shall be charged and billed to, in the case of a
Residential Building, the Owner of the Residential Building; and in the case of all
other buildings and properties, the Consumer requesting the Water Services. 9.10 Notwithstanding Section 9.8 of this by-law Water Rates and Water Charges may continue to be charged and billed to the Consumer in whose name the account was
established prior to the enactment of this by-law if and so long as such Consumer
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remains in possession of the Residential Building. a) Where bills may be directed to tenants or occupants at the request of the Owner
pursuant to Section 9.10 of this by-law, it is the Owner who is ultimately responsible for the water consumed or wasted to the property. Unpaid Water Rates and Water Charges shall be directed to the owner for payment pursuant to Section 9.7 of this by-law.
9.11 All Water Rates and Water Charges for services rendered to buildings having multiple Units shall be charged and billed to the Owner of the property. a) Subject to Section 9.11 of this by-law properties and/or buildings containing more than one business and/or dwelling unit shall receive a base rate charge as described in Schedule "A" for each dwelling unit and/or business contained therein
plus a rate per cubic meter used.
b) An Owner may request an inspection by the Water/Wastewater Operations Manager to determine the amount of unit base charges to be charged pursuant to this by-law. c) The decision of the Water/Wastewater Operations Manager regarding an
inspection pursuant to Section 9.11(b) shall be final and not subject to appeal.
9.12 All Water Rates and Water Charges for services rendered to buildings registered under the Condominium Act, R.S.O. 1990, c.C.26, as amended, shall be billed to the condominium corporation.
9.13 A person may obtain permission from the Municipality and purchase bulk water from the Municipality if the hauler, upon inspection, has a device that prevents the possibility of a backflow occurrence into the Municipal Water Supply System to the satisfaction of the Water/Wastewater Operations Manager.
a) If the Municipality deems that the device on the hauler has the potential for a
backflow occurrence into the Municipal Water Supply System; the Municipality will require a backflow device to be installed on the hauler or any other vehicle that is used to haul water.
9.14 Bulk water will be charged at the Water Rate in Schedule ‘A’. The bulk hauler will
also be responsible to pay staff time and equipment costs associated with the bulk filling. 9.15 Payment may be made, with no additional service charge, by personal cheque
through the mail, by personal cheque or cash in person at Municipal Office, or with
a possible charge, at any chartered bank within the Municipality or at any location or payment means as directed by the Treasurer. Section 10 – Offences and Sanctions
10.1 No Person shall: a) willfully hinder or interrupt, or cause or procure to be hindered or interrupted the Municipality, or any of its officers, contractors, employees or agents, in the exercise
of any of the powers conferred by this by-law;
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b) willfully let off or discharge water so that the water runs waste or useless out of the Municipal Water Supply System;
c) being an Owner, a tenant, occupant, or inmate of any house, building or other place supplied with water from the Municipal Water Supply System, lend, sell, or dispose of the water, give it away, permit it to be taken or carried away, use or apply it to the use of benefit of another, or to any use and benefit other than his own, increase the supply of water agreed for without consent of the Municipality, or
improperly waste the water; d) without lawful authority willfully open or close or tamper with any hydrant, anti-tampering device, valve, curb stop, or other appurtenances; e) willfully obstruct free access by Municipal employees to any part of the Municipal Water Supply System;
f) throw or deposit any injurious, noisome or offensive matter into the water of the
Municipal Water Supply System, or upon the ice, if the water is frozen, or in any way foul the water or commits any damage, or injury to the Municipal Water Supply System or Municipal Water, or encourages the same to be done; g) willfully remove, alter or tamper with any Water Meter which includes the meter
seal or opens any Water Meter by-pass so as to lessen or alter the amount of
water registered; h) lay or cause to be laid any pipe or main to connect with any pipe or main of the Municipal Water Supply System, or in any way obtain or use Municipal Water without the consent of the Municipality;
i) hinder, obstruct or refuse entry to any employee or agent of the Municipality in the
discharge of any duty under this by-law; j) establish, maintain or use any connection or cross connection to any part of the Municipal Water Supply System whereby foreign matter, non potable water, water from a private well, wastewater, chemical or hazardous substance may enter the
Municipal Water Supply System;
k) fail to notify the Water/Wastewater Operations Manager of any breakage, stoppage or irregularity in any Water Meter for which he is responsible; l) fail to obey any restriction on consumption, hours of consumption and use of water; m) store pesticides for use of exterminating pests or weeds at a Municipal water
facility. These facilities are as follows:
i. All air release and drain chambers ii. All fire hydrants and blow-offs iii. Vienna booster station iv. All water valves
v. All water meter pits
n) contravene any provision of this by-law; 10.2 Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence,
exclusive of costs, as provided for in the Provincial Offences Act, R.S.O. 1990,
c.P.33, as may be amended from time to time 10.3 For purposes of Section 10 of this by-law, a separate violation shall be deemed to have been committed for each and every day during which any violation continues,
and conviction in respect of a violation shall not operate as a bar to further
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prosecution if such violation continues.
10.4 Where any Consumer willfully hinders or obstructs free access to any Municipal hydrant valve, curb stop or other appurtenance by parking or placing a vehicle or other object above or adjacent to such Municipal equipment, pursuant to Section 2.12 of this by-law, the Water/Wastewater Operations Manager may cause such vehicle or object to be towed or taken away and stored in a suitable place, and all
costs and charges for such towing, taking away and storage shall be the responsibility of such Owner. 10.5 In addition to all other sanctions and remedies provided in this by-law, the Water/Wastewater Operations Manager may shut off, restrict, or disconnect the
supply of Municipal Water to any Consumer where such Consumer has violated
any of the provisions of this by-law or for failure to pay any Municipal invoice or Water Rates or Water Charges and may refuse to restore normal service until the violation complained of has been terminated or remedied. The Municipality will not be liable for any damages to property or injury to Person by reason of shut off,
restriction or disconnection of water supply. The Consumer shall pay the applicable
charges as set out in the Municipal Rates and Fees By-law. 10.6 Where a condition is found to exist which is contrary to this by-law the Municipality may carry out an inspection and shall issue an order or orders to the Owner to
obtain compliance.
a) Where with a written notice from the Water/Wastewater Operations Manager has not been complied with within the time period specified within the written notice, the Municipality may take any action deemed necessary to rectify the issue. All costs to rectify the issue shall be borne by the Owner.
Section 11 – Enforcement 12.1 The provisions of this by-law may be enforced by any Person, including the Water/Wastewater Operations Manager, approved for the purpose by a by-law of
the Municipality and/or employees of the Municipality whose duties include
enforcement of this by-law. 12.2 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.
Section 12 – Interpretation 12.1 The schedules referred to in this by-law shall form part of this by-law.
12.2 If any section, subsection, or part of this by-law is declared by any court of competent jurisdiction to be illegal or ultra vires, such section, subsection or part shall be declared to be separate and independent and enacted as such.
12.3 Wherever a word importing the singular number is used in this by-law, such word
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shall include the plural.
12.4 The grammatical changes required to make the provisions of this by-law apply to individuals (male or female), sole proprietorships, partnerships, unincorporated associations, unincorporated organizations, corporations, trustees, heirs, executors, administrators and other legal representatives where the context so requires shall be assumed as though in each case fully expressed.
Section 13 - Repeal 13.1 That By-law No. 2019-061 and any amendments shall be repealed in its entirety. Section 14 – Effective Date
14.1 This by-law shall become effective and in full force on the day of its passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7th DAY OF SEPTEMBER 2023.
________________________________ ________________________________ MAYOR CLERK
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SCHEDULE ‘A’
Metered Water Rates (Bayham System)
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029
Base Monthly Charge $12.92 $13.18 $13.44 $13.71 $13.98 $14.26 $14.55 $14.84 $15.14 $15.44 $15.75
Volume
Charge Per m3 $3.78 $3.86 $3.94 $4.02 $4.10 $4.18 $4.26 $4.35 $4.44 $4.53 $4.62
Metered Water Rates (Richmond System)
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029
Monthly Charge $51.04 $52.06 $53.10 $54.16 $55.24 $56.34 $57.47 $58.62 $59.79 $60.99 $62.21
Volume Charge Per m3 $3.78 $3.86 $3.94 $4.02 $4.10 $4.18 $4.26 $4.35 $4.44 $4.53 $4.62
Notes: 1) Should costs exceed minimum fee, full cost recovery for Capital Construction will be
applied. (This will include road restoration and all other costs incurred to install services.) 2) Bulk Water cost is metered rate plus $250.00
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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO 2023-068
BEING A BY-LAW RESPECTING THE MUNICIPAL POLLUTION CONTROL SYSTEM AND MUNICIPAL STORM SEWER SYSTEM IN THE MUNICIPALITY OF
BAYHAM AND THE ESTABLISHMENT OF SEWER SURCHARGE RATES WHEREAS under Section 11 of the Municipal Act, 2001, a municipality may pass by-laws respecting matters within the sphere of jurisdiction of Public Utilities, which includes a
system that is used to provide water services for the public; AND WHEREAS section 9 of the Municipal Act, 2001 provides that Section 11 shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate and to enhance their ability to respond to
municipal issues; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS A BY-LAW AS FOLLOWS: Short Title This By-law may be referred to as the Municipal Pollution Control System and Storm Sewer System By-law
Section 1 - Definitions 1.1 In this by-law:
a) "Building Sewer" shall mean that part of the Sewer Service commencing at a point one metre from the outer face of the wall of a building or other structure and terminating at the street line, property line or easement limit; b) “Chief Building Official (CBO)” shall mean the Chief Building Official (CBO) of
the Corporation of the Municipality of Bayham; c) "Council" shall mean the Council of the Corporation of the Municipality of Bayham;
d) "Consumer" shall mean the Owner, occupant, builder or developer of property
which is serviced by, connected to or uses the Municipal Water Pollution Control System; e) "Dwelling Unit" shall mean a real property used or designed for use as a home
or as a place in which one or more persons may sleep;
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f) “Manager of Public Works” shall mean the Manager of Public Works of the Corporation of the Municipality of Bayham;
g) "Municipality" shall mean the Corporation of the Municipality of Bayham; h) "Municipal Storm Sewer System" shall mean the buildings, structures, storm sewers and Sewer Service Connections, equipment, appurtenances, pumping
stations and outfalls under the jurisdiction of the Municipality for land drainage
including storm, surface overflow, sub-surface or seepage waters or other drainage from the land within the Municipality of Bayham; i) "Municipal Water" shall mean potable water or raw water carried by the
Municipal Water Supply System; j) "Municipal Water Pollution Control System" shall mean the water pollution control system of the Municipality including all Municipal buildings, structures, water pollution control plants, outfalls, equipment, water pollution control pumping
stations, sanitary sewers, Sewer Service Connections, appurtenances and all sewage works other than the Municipal Storm Sewer System designated for the collection and disposal of sewage together with all lands appropriated for such purposes and uses;
k) "Owner" shall mean the registered owner of a parcel of property as such person is described in the most current assessment roll; l) "Person" shall include an individual, sole proprietorship, partnership, unincorporated association, unincorporated organization, corporation, trustee, heir,
executor, administrator or other legal representative; m) "Residential Building" shall mean a structure that contains one or more Dwelling Units;
n) "Sewer" shall mean a pipe forming part of the Municipal Water Pollution Control System that conveys sewage from Sewer Services to water pollution control plants or outlets or part of the Municipal Storm Sewer System that conveys stormwater; o) "Sewer Charges" shall mean the charges set out in the Municipal Rates and
Fees By-law. p) "Sewer Service" shall mean the pipe connecting a Municipal Sewer to the building drain at a point one metre from the outer face of the wall of a building or other structure and such pipe consists of a Sewer Service Connection and a
Building Sewer; q) "Sewer Service Connection" shall mean that part of the Sewer Service from the Municipal Sewer to the Building Sewer;
r) "Sewer Surcharge Rates" shall mean the rates set out in Schedules "A" of this
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by-law;
s) "Unit" shall mean an area within a building that is self-contained with separate
plumbing facilities and, in the case of multiple units, the units may be owned or rented by different Persons; t) "Treasurer" shall mean the Treasurer of the Corporation of the Municipality of
Bayham; u) "Water/Wastewater Operations Manager" shall mean the Water/Wastewater Operations Manager of the Corporation of the Municipality of Bayham.
Section 2 - General Provisions
2.1 The responsibility for the construction, operation and maintenance of the Municipal Water Pollution Control System is vested in the Water/Wastewater Operations Manager.
2.2 The responsibility for the construction, operation and maintenance of the Municipal Storm Sewer System is vested in the Manger of Public Works. 2.3 No construction, operation or maintenance work of any kind or nature not
specifically authorized by this by-law shall be performed on the whole or any part of the Municipal Water Pollution Control System except as authorized in writing by the Water/Wastewater Operations Manager 2.4 No construction, operation or maintenance work of any kind or nature not
specifically authorized by this by-law shall be performed on the whole or any part of the Municipal Storm Sewer System except as authorized in writing by the Manager of Public Works 2.5 The Municipality may provide a Municipal Water Pollution Control System and a
Municipal Storm Sewer System, as circumstances, equipment and capacity permit. 2.6 No Municipal Water Pollution Control System or Municipal Storm Sewer System shall be provided to any property outside of the Municipality of Bayham except by special agreement with the Municipality.
2.7 Any Person authorized by the Water/Wastewater Operations Manager for that purpose shall have free access, at all reasonable times, and upon reasonable notice given and request made, to all property and parts of every building or other premises to which Municipal Water Pollution Control System Services are supplied,
for the purpose of inspecting, repairing, altering or disconnecting any Municipal Water Pollution Control System Service. 2.8 Any Person authorized by the Manager of Public Works for that purpose shall have free access, at all reasonable times, and upon reasonable notice given and request
made, to all property and parts of every building or other premises to which
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Municipal Storm Sewer System Services are supplied, for the purpose of inspecting, repairing, altering or disconnecting any Municipal Storm Sewer System
Service.
2.9 Plants, Shrubs, trees, hedges, fences, other structures and vehicles shall not obstruct the free access to, and the repair or operation of any portion of the Municipal Water Pollution Control System or Municipal Storm Sewer System by
duly authorized employees or agents of the Municipality
2.10 No Person shall proceed with, or authorize, any construction which is, or is proposed to be, located over, under, across or along any Sewer or other works forming part of the Municipal Water Pollution Control System without first notifying
the Water/Wastewater Operations Manager in writing of his intention to proceed
with the same. If, in the opinion of the Water/Wastewater Operations Manager, it becomes necessary to support, protect or relocate such Sewer or other works, the cost of supporting, protecting or relocating the Sewer or other works shall be charged to such Person and the Water/Wastewater Operations Manager shall have
the power to supervise and direct the supporting, protecting or relocating of such works. 2.11 No Person shall proceed with, or authorize, any construction which is, or is proposed to be, located over, under, across or along any Sewer or other works
forming part of the Municipal Storm Sewer System without first notifying the Manager of Public Works in writing of his intention to proceed with the same. If, in the opinion of the Manager of Public Works, it becomes necessary to support, protect or relocate such Sewer or other works, the cost of supporting, protecting or relocating the Sewer or other works shall be charged to such Person and the
Manager of Public Works shall have the power to supervise and direct the supporting, protecting or relocating of such works. 2.12 Any Person who has proceeded with or authorized any construction or work which is located under, over, across or along any Sewer or other part of the Municipal
Water Pollution Control System shall be liable for any damage caused by such construction work. The Water/Wastewater Operations Manager shall be notified immediately of any damage inflicted on the Municipal Water Pollution Control System. If the damage is not remedied to the satisfaction of the Water/Wastewater Operations Manager within a reasonable period of time, the Water/Wastewater
Operations Manager may, upon giving reasonable notice, have such damage repaired, and the cost of the repairs shall be borne by such Person. 2.13 Any Person who has proceeded with or authorized any construction or work which is located under, over, across or along any Sewer or other part of the Municipal
Storm Sewer System shall be liable for any damage caused by such construction work. The Manager of Public Works shall be notified immediately of any damage inflicted on the Municipal Storm Sewer System. If the damage is not remedied to the satisfaction of the Manager of Public Works within a reasonable period of time, the Manager of Public Works may, upon giving reasonable notice, have such
damage repaired, and the cost of the repairs shall be borne by such Person.
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Section 3 - Sewer Surcharge Rates, Charges and Revenue
3.1 If in any fiscal year the revenues generated by the Sewer Surcharge Rates and Sewer Charges are not sufficient to meet the Municipality's expenditures for the Municipal Water Pollution Control System, the deficit may be covered by a duly authorized increase in Sewer Surcharge Rates and Sewer Charges for the
succeeding fiscal year. To the extent that such increases are not sufficient for such
purposes, the required amounts shall be raised by a duly authorized special Municipal levy as set out in the Municipal Act, 2001. 3.2 All revenue raised by the methods described in this by-law, or authorized, shall be
applied to the Municipal Water Pollution Control System.
3.3 Consumers who discharge flow to the Municipal Water Pollution Control System shall pay the Sewer Surcharge Rates set out in Schedule "A" of this by-law.
3.4 Persons desiring to connect buildings that they own or occupy to the Municipal Water Pollution Control System shall, in accordance with Section 5 of this by-law, pay the connection related charges. 3.5 Persons desiring the extension of the Municipal Water Pollution Control System
shall pay charges in accordance with the Municipality’s Development Charges By-law. 3.6 Persons requiring the miscellaneous services set out in various parts of this by-law shall pay the charges set out in the Municipal Rates and Fees By-law.
3.7 Notwithstanding any Section or Schedule of this by-law the Consumer shall be responsible for all applicable costs associated with the Municipal Water Supply System and the Water/Wastewater Operations Manager shall have authority to require full cost recovery payments of a Consumer for any service provided.
Section 4 – Connections to the Municipal Water Pollution Control System 4.1 For purposes of this Part, "Building Sewer", "Sewer", "Sewer Service" and "Sewer Service Connection" shall refer only to the Municipal Water Pollution Control
System. 4.2 An Owner (referred to in this Part as an "Applicant") wishing to have a building connected to the Municipal Water Pollution Control System shall apply to the Municipality.
4.3 No connection shall be made to the Municipal Water Pollution Control System until, a) an Application for Sewer/Water Service in the form provided by the Water/Wastewater Operations Manager (referred to in this Part as an "Application") has been approved by the Municipality; and
b) a plumbing permit has been approved by the CBO.
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4.4 All applicable connection charges shall be paid and the Municipality's approval
received at least three weeks prior to the date by which connection to the Municipal
Water Pollution Control System is requested for any Sewer Service Connection to be installed by the Municipality. 4.5 An Application must be completed prior to the connection of the Building Sewer to
the preinstalled Sewer Service Connection for each separate Sewer Service in
housing developments built on lands subject to registered plans of subdivision where the Sewer Service Connection has been installed by the subdivider. 4.6 The Water/Wastewater Operations Manager may refuse approval of an Application
where, in the Water/Wastewater Operations Manager's opinion,
a) the Municipal Water Pollution Control System may be adversely affected b) there is insufficient sewage collection and treatment capacity available c) a Sewer does not abut the applicant's land; or d) the service would contravene existing by-laws or other regulations.
4.7 An Application shall be approved and issued prior to a building permit or plumbing permit where such permits are necessary. 4.8 Where a Sewer Service Connection is to be installed for any use other than single
family, semi-detached, street townhouse or street link houses, detailed plans of the proposed Sewer Service acceptable to the Water/Wastewater Operations Manager, shall be submitted with each Application. 4.9 Every Application shall be accompanied by a payment equal to the sanitary Sewer
Service Connection charge set out in the Municipality’s Development Charges By-law. 4.10 Where a Sewer Service Connection is required and is not installed as part of a plan of subdivision, the Application shall be construed or interpreted to be an application
for the Municipality to construct the Sewer Service Connection. 4.11 The installation of the Sewer Service Connection shall not be scheduled or commenced in any way until the applicant has met all requirements of this by-law.
4.12 If any Sewer Service installation does not comply with the plans submitted pursuant to Section 4.8 of this by-law, the Municipality will not accept sewage from the premises served, or may shut off the supply of Municipal Water, until the installation is made to comply with the approved plans.
4.13 For those applications for which there is insufficient capacity within the Municipal Pollution Control System servicing the Applicant's property to meet the request of the Applicant, the Municipality may, a) deny the Application; b) grant the Application if, capacity can otherwise be made available;
c) require the Applicant to enter into a consumption and discharge agreement with the
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Municipality ; d) require the Applicant to agree to pay the cost of additional facilities necessary to
meet the requirements set out in the application.
4.14 Following the approval by the Municipality of an Application, the Treasurer shall, in the case of a commercial building, establish a customer account in the name of the Consumer, and in the case of a residential building, establish a customer account
in the name of the Owner, for the purpose of billing Sewer Charges and Sewer
Surcharge Rates. 4.15 All work involved in the installation and maintenance of Sewer Service Connections shall be performed only by duly authorized employees or agents of the Municipality
or by the Applicant in accordance with the terms of a servicing agreement.
4.16 Every Sewer Service shall be laid in a straight line and at a right angle to a Sewer, as nearly as practicable.
4.17 Where the Applicant indicates in the Application a desired location for the Sewer Service Connection, it shall be located as indicated provided the proposed location is approved by the Water/Wastewater Operations Manager. 4.18 Where the Applicant does not indicate in the Application a desired location for the
Sewer Service Connection, it will be located as determined by the Water/Wastewater Operations Manager. If the Applicant subsequently requires a relocation of the Sewer Service Connection, such relocation shall be at the expense of the Applicant, which is in addition to the original Sewer Service Connection charge.
4.19 No Sewer Service to one Owner's building shall be installed in, over or across the property of another Person or located on an easement on another Person's property, except by the written consent, in the form of an easement agreement, of the Persons concerned and the approval of the Water/Wastewater Operations
Manager. 4.20 Only one Sewer Service shall be installed on each lot, block or parcel of land unless otherwise approved by the Water/Wastewater Operations Manager.
4.21 A Sewer Service shall be installed to each Unit of semi-detached houses, street townhouses and street link houses, unless the Water/Wastewater Operations Manager has approved an alternate form of connection. 4.22 Where more than one lot, block or parcel of land under separate ownership is
served by a single Sewer Service, the Water/Wastewater Operations Manager may order the affected Consumers to disconnect from the single Sewer Service and to conform to Section 4.21 of this by-law and all costs, including those for installing new Sewer Service Connections, shall be borne by the Consumers.
4.23 A Consumer shall be responsible for the installation of a Building Sewer.
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4.24 There shall be no discharge of water or any other fluid or material into Sewer
Services during the construction of buildings.
4.25 Sewer Services shall be installed in the size, material and to other specifications approved by the Water/Wastewater Operations Manager.
4.26 Owners or occupants of land whose premises are served by the Municipal Water
Pollution Control System are responsible for providing a readily accessible 100 millimetre clean out within 1 metre of the inner face of the outside wall where the Building Sewer leaves the building.
4.27 All Sewer Service trenches shall have proper bedding and be properly backfilled to
the satisfaction of the Water/Wastewater Operations Manager and adequately protected against settlement. 4.28 Where an Application necessitates the installation of a monitoring manhole at the
property line on private property pursuant to the provisions of the Municipality’s' Sewer Use By-law, the installation of the manhole shall be the responsibility of the Applicant and the costs of such installation shall be borne by the Applicant. 4.29 The Water/Wastewater Operations Manager may connect a Sewer Service
Connection to an existing monitoring manhole on private property. 4.30 Where a monitoring manhole is required but not yet constructed, the Water/Wastewater Operations Manager may install the Sewer Service Connection and leave it plugged until a monitoring manhole is constructed by the Owner.
4.31 Where a monitoring manhole is constructed after the installation of a Sewer Service Connection, the Person constructing the monitoring manhole shall connect the Sewer Service Connection to the monitoring manhole, advise the Water/Wastewater Operations Manager that such connection has taken place and
request that the connection be inspected by the Water/Wastewater Operations Manager. 4.32 The Water/Wastewater Operations Manager is responsible for the installation, maintenance, flushing, cleaning, rotting, unblocking and repairing of Sewer Service
Connections and all such work shall be done only by employees or agents of the Municipality. 4.33 The Municipality will not clean, repair or renew Sewer Services which are longer than 30 metres.
4.34 The Municipality shall clean Sewer Services, including flushing, rodding or unblocking, throughout the Municipality of Bayham, only where readily accessible 100 millimetre diameter cleanouts are available, for single-family houses, semi-detached houses, street townhouses and street link houses with separate direct
connections to the street sewer, and up to the nearest outside manhole for
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condominiums and all costs shall be borne by the Consumer. a) If the Consumer or his agent does the cleaning, without the Municipality’s
authorization, the Consumers do so at the Consumer’s cost and there shall be no
reimbursement of such costs by the Municipality. 4.35 All Owners of single-family houses, semi-detached houses, street townhouses and street link houses which have less than a 100-millimetre diameter cleanout or a "T"
cleanout on their Sewer Services shall be provided with one (1) cleaning. Such
Owners shall be advised that no further cleaning will be provided by the Municipality until a readily accessible 100-millimetre diameter cleanout has been installed at their own expense.
4.36 All repairs to, or renewals of, Building Sewers for single-family houses, semi-
detached houses, street townhouses and street link houses with separate direct connections to the Sewer, shall be undertaken by the Municipality (excluding surface restoration, landscaping and paving) and all costs shall be borne by the Consumer. The Water/Wastewater Operations Manager may set guidelines for
such works. 4.37 Where any Sewer Service Connection or Building Sewer is found to have been blocked or damaged through the action of the Consumer occupying the property served by the pipe, or through the actions of any other Person, the cost of labour
and materials used to repair such blockage or damage shall be charged to the Owner. 4.38 No repairs to, or renewals of, Building Sewers shall be undertaken until the Owner signs the release form as provided by the Water/Wastewater Operations Manager.
4.39 Connection to the Municipal Water Pollution Control System through a rear yard shall only be allowed with the approval of the Water/Wastewater Operations Manager and by agreement with the Municipality covering, among other matters, maintenance, flushing, cleaning, rodding, unblocking, repairing, renewing and
charges. 4.40 No Person shall make any temporary connection to the Municipal Water Pollution Control System except by agreement with the Municipality.
4.41 Where a building has been or will be demolished or removed and an Owner wishes to reuse a Sewer Service Connection, which previously served the building, the Owner shall apply to reuse the Sewer Service Connection. Such Application shall be accompanied by an inspection fee in an amount set out in the Municipal Rates and Fees By-law.
4.42 Before approval and issuance of an Application, the Owner shall expose the disused Sewer Service Connection and prepare it for inspection by the Water/Wastewater Operations Manager, who may, upon inspecting such Sewer Service Connection, refuse to allow its reuse if, in the opinion of the
Water/Wastewater Operations Manager, it is not suitable material, of inadequate
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size, or defective. The opinion of the Water/Wastewater Operations Manager on this matter shall be final.
4.43 Where the Water/Wastewater Operations Manager deems that the Sewer Service Connection referred to in Section 4.42 of this by-law cannot be used, the Municipality shall replace such Sewer Service Connection and charge for such work and all costs shall be borne by the Owner.
4.44 When the Water/Wastewater Operations Manager determines that a Sewer Service Connection is no longer required due to property redevelopment or otherwise and can be abandoned, the Sewer Service Connection shall be disconnected at the Sewer by the Municipality, and the cost of the disconnection shall be borne by the
Owner of the lot, block or parcel of land which the Sewer Service Connection
served or was intended to serve, or collected as otherwise directed by the Water/Wastewater Operations Manager. Section 5 – Connections to the Municipal Storm Sewer System
5.1 For purposes of this Part, "Building Sewer", "Sewer Service" and "Sewer Service Connections" shall refer only to the Municipal Storm Sewer System. 5.2 An Owner (referred to in this Part as an "Applicant") wishing a connection to the
Municipal Storm Sewer System shall apply to the Municipality. 5.3 The Manager of Public Works, upon application to the Municipality by the Applicant, may permit foundation drain flows from a lot to be discharged by an Owner in the following manner:
a) via a sump pump to the ground surface, provided that the discharge to the ground surface does not create continually wet ground conditions and/or does not create any adverse effect upon municipal sidewalks and roads or upon adjacent properties; or b) via a sump pump to a storm sewer; or
c) via a sump pump to a dry well system, provided that appropriate soil and ground water testing is completed to establish the suitability of using a dry well system, and that the dry well system is designed and certified by a qualified Ontario Professional Engineer; or d) by gravity water flow to the storm sewer, if capacity, as determined by the Manager
of Public Works, exists in the storm sewer. 5.4 Pursuant to Section 5.3 of this By-law, any approved and permitted discharge flows shall be constructed, installed, maintained and serviced at no cost to the Municipality and all costs shall be borne by the Owner of the subject lot.
5.5 No connection shall be made to the Municipal Storm Sewer System until an Application for Sewer/Water Service in the form provided by the Manager of Public Works (referred to in this Part as an "Application") has been approved by the Municipality.
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5.6 Following the approval by the Municipality of an Application, the Treasurer shall, in the case of a commercial building, establish a customer account in the name of the
Consumer, and in the case of a residential building, establish a customer account
in the name of the Owner, for the purpose of billing Sewer Rates and Charges. A Change of Occupancy-New Account Charge in accordance with the Municipal Rates and Fees By-law shall apply.
5.7 All applicable connection charges must be paid by certified payment and the
Municipality's approval received at least three weeks prior to the date by which connection to the Municipal Storm Sewer System is requested for any Sewer Service Connection to be installed by the Municipality.
5.8 All Applications must be accompanied by detailed plans of the proposed Sewer
Service acceptable to the Manager of Public Works. 5.9 The Manager of Public Works may refuse to establish a connection to the Municipal Storm Sewer System where in his opinion the proposed connection
would harm or overload the system or where the connection would contravene existing by-laws or regulations. 5.10 All work involved in the installation of a Municipal Storm Sewer System Service Connection shall be performed by duly authorized employees or agents of the
Municipality or by the Applicant in accordance with the terms of a servicing agreement. 5.11 No person shall make any temporary connection to the Municipal Storm Sewer System, except by agreement with the Municipality.
Section 6 – Extension of the Municipal Water Pollution Control System 6.1 Extension of the Municipal Water Pollution Control System may be undertaken upon such terms and conditions as Municipal Council may from time to time
impose. 6.2 All extensions of the Municipal Water Pollution Control System shall be made pursuant to by-laws of Council.
6.3 Owners may file with the Water/Wastewater Operations Manager a written request for an extension of the Municipal Water Pollution Control System and shall supply the Water/Wastewater Operations Manager with such information with regard to the proposed extension as the Water/Wastewater Operations Manager may request.
6.4 The Water/Wastewater Operations Manager shall forward all requests for extensions of the Municipal Water Pollution Control System to Council. 6.5 Where the Municipal Water Pollution Control System has been extended, Owners
of lots abutting such extension shall pay frontage charges in accordance with the
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Municipality’s Development Charges By-law.
6.6 If, at the same time that a request for the extension of the Municipal Water Pollution
Control System is received, sufficient funds do not exist to finance any Municipal share of the cost of such extension, the Owner's request shall either be deferred until the following year or proceeded with on the basis of the Owner prepaying the total cost of the extension.
Section 7 - Miscellaneous Services and Requirements 7.1 The Treasurer shall, upon receiving a written request accompanied by payment of the fee set out in the Municipal Rates and Fees By-law in respect to each separate
parcel of land or building, furnish any Person with a written certificate showing the
arrears of Sewer Surcharge Rates and Sewer Charges due on or in respect of, any parcel of land or buildings, up to the date to which such rates or charges were last computed.
7.2 Payments submitted by Consumers and subsequently dishonoured by the financial institution on which they are drawn shall be processed by the Treasurer for the charge as set in the Municipality’s Rates and Fees By-law. Section 8 - Billing and Collecting Sewer Surcharge Rates and Charges
8.1 The Consumer shall notify the Treasurer in writing of any change of occupancy and shall pay the applicable charges as set out in the Municipal Rates and Fees By-law for change of occupancy.
8.2 All Sewer Charges and Sewer Surcharge Rates shall be payable for sewage discharged and services provided and shall be due and payable when rendered. 8.3 Regular billings for Sewer Charges and Sewer Surcharge Rates may be rendered at any periodic interval deemed advisable by the Treasurer.
8.4 The Treasurer may with reasonable notice advance or delay any regular billing of Sewer Charges and Sewer Surcharge Rates. 8.5 Where full payment for any regular billing for Sewer Charges and Sewer Surcharge
Rates is not received by the Municipality by the due date, the Consumer shall be assessed a late payment charge as set out in the Municipal Rates and Fees By-law and the amount shall appear on the next regular billing. 8.6 Where any regular billing for Sewer Charges and Sewer Surcharge Rates or
interest charges remains unpaid for three billing cycles, a period of six months, the Treasurer may add the amount owing to the municipal tax bill for the lot, as reflected in the assessment roll book, and collect in the same way, as nearly as may be, as municipal taxes are collected. a) If it becomes necessary for the Municipality to initiate the collection action indicated
in Section 8.7 of this by-law, a collection fee as set out in the Municipal Rates and
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Fees By-law shall be charged to the Consumer.
8.7 All sewer bills shall be distributed to Consumers by ordinary, prepaid mail or by any
other means deemed necessary or appropriate by the Treasurer. 8.8 Sewer Charges and Sewer Surcharge Rates shall be charged and billed to, in the case of a Residential Building, the Owner of the Residential Building; and in the
case of all other buildings and properties, the Consumer requesting the Sewer
Services. 8.9 Notwithstanding Section 8.9 of this by-law Sewer Charges and Sewer Surcharge Rates may continue to be charged and billed to the Consumer in whose name the
account was established prior to the enactment of this by-law if and so long as
such Consumer remains in possession of the Residential Building. a) Where bills may be directed to tenants or occupants at the request of the Owner pursuant to Section 8.10 of this by-law, it is the Owner who is ultimately responsible for the sewer services. Unpaid Sewer Charges and Sewer Surcharge Rates shall
be directed to the owner for payment pursuant to Section 8.9 of this by-law. 8.10 All Sewer Charges and Sewer Surcharge Rates for services rendered to buildings having multiple Units shall be charged and billed to the Owner of the property. a) Subject to Section 8.11 of this by-law properties and/or buildings containing more
than one business and/or dwelling unit shall receive a Sewer Surcharge Rate as described in Schedule "A" of this by-law for each dwelling unit and/or business contained therein. b) An Owner may request an inspection by the Water/Wastewater Operations Manager and/or CBO to determine the amount of unit base charges to be charged
pursuant to this by-law. c) The decision of the Water/Wastewater Operations Manager and/or CBO regarding an inspection pursuant to Section 8.11(b) shall be final and not subject to appeal. d) A Sewer Surcharge Rate reduction to 50% shall apply to vacant Commercial Units. The reduction is conditional upon the Owner notifying the municipality of the
vacancy in writing and the unit must be designated Commercial in the Municipality of Bayham Zoning By-law. 8.11 All Sewer Charges and Sewer Surcharge Rates for services rendered to buildings registered under the Condominium Act, R.S.O. 1990, c.C.26, as amended, shall be
billed to the condominium corporation. 8.12 Payment may be made, with no additional service charge, by personal cheque through the mail, by personal cheque or cash in person at Municipal Office, or with a possible charge, at any chartered bank within the Municipality or at any location
or payment means as directed by the Treasurer. Section 9 - Offences 9.1 No Person shall:
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a) willfully hinder or interrupt, or cause or procure to be hindered or interrupted the Municipality, or any of its officers, contractors, employees or agents, in the
exercise of any of the powers conferred by this by-law;
b) wilfully obstruct free access by Municipal employees to any part of the Municipal Water Pollution Control System or Municipal Storm Sewer System; c) lay or cause to be laid any pipe or sewer to connect with any pipe or sewer of the Municipal Water Pollution Control System or the Municipal Storm Sewer System
or in any way obtain use of the Municipal Water Pollution Control System or
Municipal Storm Sewer System without the consent of the Municipality; d) hinder, obstruct or refuse entry to any employee or agent of the Municipality in the discharge of any duty under this by-law; e) wilfully cause the Municipal Water Pollution Control System or the Municipal
Storm Sewer System to be blocked, obstructed, or damaged in any way.
f) contravene any provision of this by-law. 9.2 Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence,
exclusive of costs, as provided for in the Provincial Offences Act, R.S.O. 1990,
c.P.33, as may be amended from time to time 9.3 For purposes of Section 9 of this by-law, a separate violation shall be deemed to have been committed for each and every day during which any violation continues,
and conviction in respect of a violation shall not operate as a bar to further prosecution if such violation continues. 9.4 Where a condition is found to exist which is contrary to this by-law the Municipality may carry out an inspection and shall issue an order or orders to the Owner to
obtain compliance. a) Where with a written notice from the Water/Wastewater Operations Manager and/or the Manager of Public Works has not been complied with within the time period specified within the written notice, the Municipality may take any action deemed necessary to rectify the issue. All costs to rectify the issue shall be borne
by the Owner. Section 10 - Enforcement 10.1 The provisions of this by-law may be enforced by any Person, including the
Water/Wastewater Operations Manager and/or the Manager of Public Works, approved for the purpose by a by-law of the Municipality and/or employees of the Municipality whose duties include enforcement of this by-law. 10.2 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. Section 11 – Interpretation
11.1 The schedules referred to in this by-law shall form part of this by-law.
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11.2 If any section, subsection, or part of this by-law is declared by any court of
competent jurisdiction to be illegal or ultra vires, such section, subsection or part
shall be declared to be separate and independent and enacted as such. 11.3 Wherever a word importing the singular number is used in this by-law, such word shall include the plural.
11.4 The grammatical changes required to make the provisions of this by-law apply to individuals (male or female), sole proprietorships, partnerships, unincorporated associations, unincorporated organizations, corporations, trustees, heirs, executors, administrators and other legal representatives where the context so
requires shall be assumed as though in each case fully expressed.
Section 12 - Repeal 12.1 That By-law No. 2019-060 and any amendments shall be repealed in its entirety.
Section 13 – Effective Date 13.1 This by-law shall become effective and in full force on the day of its passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7th DAY OF SEPTEMBER 2023.
________________________________ ________________________________ MAYOR CLERK
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Schedule ‘A’
Wastewater Surcharge Rates
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029
Monthly Charge $56.06 $56.62 $57.19 $57.76 $58.34 $58.92 $59.51 $60.11 $60.71 $61.32 $61.93
Stormwater Private Drain Connection (PDC) Charges
Fee
Residential PDC Connection $4,000.00 Other/Commercial PDC Connection $5,250.00 Notes: 1) Should costs exceed minimum fee, full cost recovery for Capital Construction will be
applied. (This will include road restoration and all other costs incurred to install services.) 2) PDC Charges to be indexed annually in January in accordance with the Statistics Canada Quarterly, Construction Price Statistics, catalogue No. 11-001.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-069
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 Shane Hughes accepted the position of Deputy Chief Building Official in
support of the Shared Service MOU for Building Services between Malahide and Bayham; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT By-law No. 2023-053 be amended to add Shane Hughes as Deputy Chief Building Official for the Municipality of Bayham; 2. AND THAT this by-law shall come into force and take effect on September 18,
2023.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7th DAY OF SEPTEMBER 2023.
______________________________ _____________________________ MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z761-2023 BLATZ 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 Section 12.12 Exceptions – Mobile Home Park (MH) Zone by adding the following
clause:
12.12.3.4 Additional Permitted Uses
One residential dwelling unit in the second storey of an existing accessory building with maximum floor area living space of 52 square metres and accessory storage in the ground floor of the accessory building.
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 7th DAY OF SEPTEMBER 2023.
MAYOR CLERK
READ A THIRD TIME AND FINALLY PASSED THIS ____ DAY OF ______________ 2023.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z762-2023
THOMPSON
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. 6 by changing the zoning symbol on the lands from Estate Residential (ER) zone to a site-specific Estate Residential (ER-13) zone, which lands are
outlined in heavy solid lines and marked ER-13 on Schedule “A” Map No. 6 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
Section 8.13 Exception – Estate Residential (ER) Zone by adding the following clauses:
8.13.13.1 Defined Area
ER-13 as shown on Schedule “A” Map No. 6 to this By-law.
8.13.13.2 Permitted Uses
Light Industrial uses, including a mechanical services warehouse and office use
and accessory residential use.
8.13.13.3 Minimum Rear Yard Setback
6.0 metres
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 7th DAY OF SEPTEMBER 2023.
READ A THIRD TIME AND FINALLY PASSED THIS 7th DAY OF SEPTEMBER 2023.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-070 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD SEPTEMBER 7, 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 September 7, 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 7th DAY OF SEPTEMBER 2023.
____________________________ _____________________________ MAYOR CLERK