HomeMy WebLinkAboutOctober 03, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, October 3, 2024
7:00 p.m.
7:30 p.m. Statutory Planning Meeting – 1 Application
The October 3, 2024 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 Meeting of Council held September 19, 2024
B. Statutory Planning Meeting held September 19, 2024
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
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
Council Agenda October 3, 2024
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12.1.1 Receive for Information
A. Notice of Decision re Minor Variance Application A-04/24 Sawatzky Friesen
B. Notice of Decision re Minor Variance Application A-16/24 Clarke Sullivan
C. Notice of Decision re Minor Variance Application A-17/24 Klassen
D. Notice of Public Meeting re Proposed Official Plan Amendment & Zoning By-law
Amendment, Municipality of Bayham
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-72/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-22/24 Froese, 55210 Maple Grove Line
B. Report DS-73/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E79-24 Hildebrandt H & E, 56092 Heritage Line
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. City of Kitchener re Changes to the Landlord Tenant Tribunal (LTB)
B. Town of Tillsonburg re Cellular Coverage Concerns
C. Municipality of Tweed re Canada Community-Building Funds
D. County of Brant re Southwest Community Transit Funding
E. Elgin County re September 10, 2024 County Council Highlights
13.1.2 Requiring Action
A. Debbie Marlatt re Request for Action to Reform Hall Rental Administration
B. Vienna Lions re Parking Lot
C. Straffordville Community Committee re Request for Support
13.2 Reports to Council
A. Report CAO-40/24 by Thomas Thayer, CAO re Amended Transfer Payment Agreement –
Investing in Canada Infrastructure Program (ICIP) Community, Culture and Recreation
(CCR) Stream – Straffordville Community Centre Expansion
14. BY-LAWS
A. By-law No. 2024-058 Being a by-law respecting the municipal water supply
system in the Municipality of Bayham and the establishment of water rates
Council Agenda October 3, 2024
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B. By-law No. 2024-059 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
C. By-law No. Z791-2024 Being a by-law to amend By-law No. Z456-2003, as
amended – Froese
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
16.1 In Camera
A. Confidential Item re a trade secret or scientific, technical, commercial, financial or labour
relations information, supplied in confidence to the municipality or local board, which, if
disclosed, could reasonably be expected to prejudice significantly the competitive position
or interfere significantly with the contractual or other negotiations of a person, group of
persons, or organization (Agreement)
B. Confidential Item re a position, plan, procedure, criteria, or instruction to be applied to any
negotiations on or to be carried on by or on behalf of the Municipality or Local Board
(Municipal Property)
16.2 Out of Camera
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2024-060 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, September 19, 2024
7:00 p.m.
7:30 p.m. Statutory Planning Meeting – 1 Application
The September 19, 2024 Council Meeting was held using hybrid technologies via Zoom
and livestreamed on YouTube.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS DAN FROESE
SUSAN CHILCOTT
TIMOTHY EMERSON
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:00 pm.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest declared.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
4. ANNOUNCEMENTS
CAO Thomas Thayer provided an update on the timeline for consideration of the Capital Budget
noting that it is expected to post the draft budget to the Municipal Website on October 10, 2024
with a Special Meeting to be scheduled mid-November.
Mayor Ketchabaw noted that Bayham is participating in a bowling tournament on Saturday,
September 21, 2024 for a Comfort of Homes Campaign for Terrace Lodge.
5. PRESENTATIONS
A. Carolyn Krahn, Elgin County re 2024 Business Retention and Expansion Program Report
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the presentation from Carolyn Krahn, Elgin County re 2024 Business Retention and
Expansion Program Report be received for information.
CARRIED
Council Minutes September 19, 2024
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6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting of Council held September 5, 2024
B. Statutory Planning Meeting held September 5, 2024
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT the minutes of the Regular Meeting of Council held September 5, 2024 and the
minutes of the Statutory Planning Meeting held September 5, 2024 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
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Passing re Zoning By-law Amendment ZBA-21/24 Housekeeping
B. Notice of Decision re Minor Variance A-14/24 Driedger
C. Notice of Decision re Minor Variance A-15/24 Friesen
D. Notice of Public Meeting re Zoning By-law Amendment ZBA-22/24 Froese
E. Notice of Public Meeting re Minor Variance A-16/24 Clarke Sullivan
F. Notice of Public Meeting re Minor Variance A-17/24 Klassen
Council Minutes September 19, 2024
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G. Notice of Second Public Meeting re Minor Variance A-04/24 Sawatsky
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT items 12.1.1 A – G be received for information.
CARRIED
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-71/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Declare
Lands as Part of the Open Public Highway System, Reference Plan No. 11R11216 – Part
of Union Street, Vienna
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT Report DS-71/24 regarding Declare Lands as Part of the Open Public Highway
System – Union Street be received;
AND THAT By-law No. 2024-056, being a by-law to authorize and to declare lands in the
Municipality of Bayham as part of the open public highway system (Part 1 Reference Plan
No. 11R11216 – Part of Union Street), be presented for enactment.
CARRIED
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Long Point Region Conservation Authority re Board of Directors Meeting Minutes July 3,
2024
B. Woodstock Ingersoll Tillsonburg and Area Association of Realtors re August 2024 Housing
Market Update
C. Township of Springwater re Growth and Economic Viability Ad Hoc Committee Resolution
D. Elgin County and Municipality of Central Elgin re Joint Accessibility Advisory Committee
(JAAC) Recruitment
E. Long Point Region Conservation Authority re 30-Day Comment Period – Watershed-
based Resource Management Strategy and Conservation Land Strategy
F. Municipality of Bayham re Notice of Proposed Sale of Land
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
Council Minutes September 19, 2024
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THAT items 13.1.1 A – F be received for information.
CARRIED
The Council Meeting recessed at 7:29 to host a Statutory Planning Meeting
at 7:30 pm.
The Council Meeting resumed at 7:32 pm.
13.1.2 Requiring Action
13.2 Reports to Council
A. Report CL-09/24 by Meagan Elliott, Clerk re 2025 Council Schedule
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT Report CL-09/24 re 2025 Council Schedule be received for information;
AND THAT Council approves the 2025 Council Schedule.
CARRIED
B. Report CAO-38/24 by Thomas Thayer, CAO re Consideration of Additional Lands for
Residential Development Purposes
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT Report CAO-38/24 re Consideration of Additional Lands for Residential
Development Purposes be received for information.
CARRIED
C. Report CAO-39/24 by Thomas Thayer, CAO re Extension to Site Plan Agreement – Max
Underhill’s Farm Supply Limited – 56532 Calton Line, Vienna (Application No. SPA-04/23)
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report CAO-39/24 re Extension of Site Plan Agreement – Max Underhill’s Farm
Supply Ltd. – 56532 Calton Line, Vienna (Application No. SPA-04/23) be received for
information.
CARRIED
Council Minutes September 19, 2024
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14. BY-LAWS
A. By-law No. 2024-056 Being a by-law to authorize and to declare lands in the
Municipality of Bayham as part of the open public highway system (Part 1 of reference
plan No. 11R-11216 – Part of Union Street)
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT By-law No. 2024-056 be read a first, second, third time and finally passed.
CARRIED
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
16.1 In Camera
16.2 Out of Camera
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2024-057 Being a by-law to confirm all actions of Council
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT Confirming By-law No. 2024-057 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 8:05 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, September 19, 2024
7:30 p.m.
A. Proposed Zoning By-Law Amendment ZBA-22/24 55210 Maple Grove Line, Froese
The September 19, 2024 Planning Public Meeting was held using hybrid technologies via
Zoom and livestreamed on YouTube.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS DAN FROESE
SUSAN CHILCOTT
TIMOTHY EMERSON
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
PUBLIC ATTENDEES A: N/A
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:30 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest declared.
3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
A. Proposed Zoning By-Law Amendment ZBA-22/24 55210 Maple Grove Line, Froese
THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Agricultural
(A1-A)’ Zone to a ‘Site-Specific Agricultural (A1-A-XX)’ Zone to permit an ‘Agricultural Service
Establishment’ as an additional permitted use, limited to the storage and distribution of portable
toilets to support agricultural operations in the surrounding area. The proposed ‘Agricultural
Service Establishment’ shall be limited to a Maximum Floor Area of 280.0 m2 (3,013.8 ft2) and
outdoor storage will be restricted to the rear yard. The subject property is known as 55210
Maple Grove Line, north side, and west of Sandytown Road.
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THE EFFECT of this By-law is to allow for the storage and distribution of portable toilets to support
agricultural operations in the surrounding area as an additional permitted use with a limited area
Maximum Floor Area of 280.0 m2 (3,013.8 ft2) and outdoor storage will be restricted to the rear yard.
5. PUBLIC PARTICIPATION
No public participation.
6. CORRESPONDENCE
No correspondence.
7. OTHER BUSINESS
No other business.
8. ADJOURNMENT
Moved by: Councillor Emerson
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-22/24 is now complete at 7:32 p.m.
CARRIED
MAYOR CLERK
OPA-03/24 and ZBA-24/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: MUNICIPALITY OF BAYHAM LOCATION: PART OF SNOW STREET, REGISTERED PLAN 54, VILLAGE OF VIENNA
TAKE NOTICE that the Municipality of Bayham has received a complete application for an Official Plan Amendment (OPA-03/24) and Zoning By-law Amendment (ZBA-24/24), 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, October 3rd, 2024, at 7:30 p.m. in the Municipal Council Chambers,
56169 Heritage Line, Straffordville, to consider a proposed combined Official Plan and Zoning By-law Amendment under Sections 17 and 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 combined Official Plan and Zoning By-law Amendment is to designate the subject property to the ‘Residential’ land use designation and rezone the subject property from ‘Institutional (I)’ Zone to ‘Village Residential 1 (R1)’ Zone to facilitate the creation of a new residential lot. The subject property, being an unopened road allowance, is legally identified as Part of Snow Street, Registered Plan 54, in the Village of Vienna. The subject property is located immediately south of Ann Street.
THE EFFECT of this combined Official Plan and Zoning By-law Amendment is to facilitate the creation of a future residential lot.
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 4:30pm on Wednesday, September 25, 2024 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 and approval of the proposed Official Plan and Zoning By-law Amendment, you must make a written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed Official Plan and Zoning By-law Amendment may be obtained at the Municipal Office.
Dated at the Municipality of Bayham this 13th day of September 2024.
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
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: October 3, 2024
REPORT: DS-72/24 FILE NO. C-07 / D13.FROE
Roll # 3401-000-006-03700 SUBJECT: Rezoning Application ZBA-22/24 Froese, J & S
55210 Maple Grove Line, Eden
Draft Zoning By-law No. Z791-2024
BACKGROUND
Jesse and Sarah Froese have submitted a rezoning application for their property at 55210
Maple Grove Line, north side, west of Sandytown Road. The subject property is currently
designated as ‘Agriculture’ in Schedule ‘A1’ – Land Use of the Bayham Official Plan. The
rear/northern portion of the subject property is also within the ‘Significant Woodlands’ and
‘Hazards Lands’ designation in Schedule ‘A2’ – Constraints of the Bayham Official Plan. The
subject property is currently zoned as ‘Agricultural (A1-A)’ in Schedule ‘A’, Map No. 5 of the
Bayham Zoning By-law No. Z456-2003.
The purpose of this By-law Amendment is to rezone the subject property from ‘Agricultural (A1-
A)’ Zone to a ‘Site-Specific Agricultural (A1-A-48)’ Zone to permit an ‘Agricultural Service
Establishment’ as an additional permitted use, limited to the storage and distribution of portable
toilets to support agricultural operations in the surrounding area. The proposed ‘Agricultural
Service Establishment’ shall be limited to a Maximum Floor Area of 280.0 m2 (3,013.8 ft2) and
outdoor storage will be restricted to the rear yard.
The effect of this By-law is to allow for the storage and distribution of portable toilets to support
agricultural operations in the surrounding area as an additional permitted use with a limited
Maximum Floor Area of 280.0 m2 (3,013.8 ft2) and outdoor storage will be restricted to the rear
yard.
The public meeting was held on September 19, 2024 with no attendees and no oral or written
public submissions.
DISCUSSION
The attached planner’s memorandum, dated September 11, 2024, provides a full analysis of the
application against the Provincial Policy Statement (2020), Proposed Provincial Planning
Statement (2024), Elgin County Official Plan, Bayham Official Plan and Zoning By-law.
Staff Report DS-72/24 Froese 2
Staff and planner concur the rezoning application meets the policies and recommend approval
to change the zoning on the parcel from ‘Agricultural (A1-A) Zone’ to a ‘Site-Specific Agricultural
(A1-A-28) Zone’ to permit an ‘Agricultural Service Establishment’ as an additional permitted use,
limited to the storage and distribution of portable toilets, and limited to a maximum floor area of
280.0 m2 (3,013.8 ft2) and outdoor storage shall be limited to the rear yard.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS:
1. Rezoning Application ZBA-22/24 Froese
2. Arcadis Memorandum, dated September 11, 2024
3. Draft Zoning By-law No. Z791-2024
RECOMMENDATION
THAT Report DS-72/24 regarding the Froese rezoning application ZBA-22/24 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
September 19, 2024 associated with this application, there were no attendees and no
oral or written submissions 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 Part Lots 14 & 15 Concession 8, known
municipally as 55210 Maple Grove Line, from Agricultural (A1-A) to a Site-specific
Agricultural (A1-A-48) Zone to permit an ‘Agricultural Service Establishment’ as an
additional permitted use, limited to the storage and distribution of portable toilets, and
shall be limited to a Maximum Floor Area of 280.0 m2 (3,013.8 ft2) and outdoor storage
shall be limited to the rear yard.
AND THAT Zoning By-law No. Z791-2024 be presented to Council for enactment.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator/Deputy Clerk Chief Administrative Officer
420 Wes Graham Way, Suite 106
Waterloo, ON, N2L 0J6
www.arcadis.com
Memorandum
To/Attention Municipality of Bayham Date September 11th, 2024
From Christian Tsimenidis, BES Project No 3404 – 957
cc Douglas Stewart MCIP, RPP
Subject Jesse and Sarah Froese - Application for Zoning By-law
Amendment ZBA-22-24, 55210 Maple Grove Line
Background
1. Arcadis has completed a review of the application for a Zoning By-law Amendment
submitted by Jesse and Sarah Froese, owners of the subject property identified as
55210 Maple Grove Line, north side, and west of Sandytown Road. The applicant
is requesting a Zoning By-law Amendment to rezone the subject property from
‘Agricultural (A1-A)’ Zone to a ‘Site-Specific Agricultural (A1-A-48)’ Zone to permit
an ‘Agricultural Service Establishment’ as an additional permitted use, limited to the
storage and distribution of portable toilets, and shall be limited to a Maximum Floor
Area of 280.0 m2 (3,013.8 ft2) and outdoor storage shall be limited to the rear yard.
2. The intent of this application is to support the owner’s existing portable toilet
business known as “Castle Sanitation”. It is understood that this business currently
provides portable toilet services for weddings, farms, construction sites, and
outdoor gatherings throughout Bayham and adjacent municipalities. The intent of
this application is to allow for the storage and distribution of approximately 120
portable toilets to support existing agricultural operations in the surrounding area,
notably for seasonal farm labourers. These units would be stored on an existing
280.0 m2 concrete pad in the rear yard behind the existing barn. Parking for the
vehicles to distribute the units will also be located in the rear yard adjacent to the
storage area. It is further our understanding that the units will not be cleaned on-
site, as this will occur off-site. The proposed use is to simply store and distribute
units given the subject property’s close proximity to existing agricultural operations.
3. The subject property is currently designated as ‘Agriculture’ in Schedule ‘A1’ – Land
Use of the Bayham Official Plan. The rear/northern portion of the subject property
is also within the ‘Significant Woodlands’ and ‘Hazards Lands’ designation in
Schedule ‘A2’ – Constraints of the Bayham Official Plan. The subject property is
currently zoned as ‘Agricultural (A1-A)’ in Schedule ‘A’, Map No. 5 of the Bayham
Zoning By-law No. Z456-2003.
ARCADIS MEMORANDUM
Municipality of Bayham – September 11th, 2024
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Subject Property and Surrounding Area
4. The subject property has an estimated lot area of 53.0 hectares (130.96 acres), lot
frontage of 330 metres (1,082.7 feet), and an approximate lot depth of 1,060.0
metres (3,478.5 feet). The subject property is utilized for an existing agricultural
operation and accommodates an existing single-detached dwelling, a detached
garage, barn, a concrete pad to the rear of the barn, large shop, and a
supplementary farm dwelling. All of the existing building/structures will remain as
they exist today. Two (2) driveway accesses exist along Maple Grove Line to the
subject property and both will remain as they exist today. The subject property is
currently serviced by private well and septic services and will continue to be
privately serviced. The proposed use does not contemplate the use of existing
servicing, as only the storage and distribution of the portable toilets will occur on-
site.
5. The subject property is surrounded by agricultural lots in all directions. An existing
rural residential lot is located immediately to the south-east at the corner of Maple
Grove Line and Sandytown Road. The subject property is adjacent to a significant
woodlands and hazard lands to the rear of the property, however, the proposed use
will not be located within or adjacent to these identified significant woodlands and
hazard lands.
Public Comments
6. A statutory Public Meeting was held on September 5, 2024, and no written or verbal
feedback was from the public was received.
Provincial Policy Statement (2020)
7. The Provincial Policy Statement (PPS) defines agriculture-related uses as, “farm
related commercial and farm-related industrial uses that are directly related to farm
operations in the area, support agriculture, benefit from being in close proximity to
farm operations, and provide direct products and/or services to farm operations as
a primary activity.” Section 2.3.3.1 of the PPS outlines permitted uses in prime
agricultural areas and includes agriculture-related uses, stating that the proposed
use shall be compatible with, and shall not hinder surrounding agricultural
operations.
8. Comment: It is our opinion that the proposed use for the storage and distribution
of portable toilets to support surrounding agricultural operations meets the definition
of agriculture-related uses and can be considered secondary to the primary
agricultural operation. It is our opinion that the proposed use is compatible with the
surrounding area and is limited in size and scale (280.0 m2) in order to minimize
adverse impacts to the immediate area. Further, the proposed use only
ARCADIS MEMORANDUM
Municipality of Bayham – September 11th, 2024
3
contemplates and permits the storage and distribution, not the cleaning of the
portable toilets as this will be completed off-site. The nearest dwelling is
approximately 200 metres east of the proposed use and will be limited to outdoor
storage in the rear yard behind the existing barn, thus limiting negative visual
impacts from the streetscape and surrounding lots. It is our opinion that the
proposed use will be “secondary in nature” relative to the primary agricultural use
and will provide a service that is compatible with and beneficial to other agricultural
operations within Bayham.
Therefore, it is our opinion that the proposed use is consistent with the PPS.
Proposed Provincial Planning Statement (2024)
9. We have reviewed this Zoning By-law Amendment Application in relation to the
proposed new Provincial Planning Statement, which is intended replace the
existing PPS (2020) and Growth Plan for the Greater Golden Horseshoe. The new
PPS will be in-force and effect on October 20, 2024, therefore, the proposed PPS
2024 does not apply to this application at this time.
County of Elgin Official Plan (2015)
10. The County of Elgin Official Plan provides direction with respect to permitted uses
in the ‘Agricultural Area’ designation, notably Section C2.6 for ‘Agriculture-Related
Uses’ in the ‘Agricultural Area’ designation More specifically, Section C2.7.1 of the
Elgin County Official Plan states that, “A secondary use is any land use that is
secondary to the principle use on a property. If the principle use is agriculture, then
the secondary use must be accessory to and subordinate to the agricultural use…”
This Section also provides a list of criteria for local municipalities to consider when
determining whether a use is a secondary use and that local municipalities are
encouraged to include secondary uses in their Official Plans and Zoning By-laws:
a) the amount of land devoted to the secondary use in comparison to the amount
of land devoted to the principle use;
Comment: The amount of land devoted to the proposed use represents a total
lot coverage percentage of 0.05%. More specifically, the proposed use would
be limited in size to the 280.0 m2 of floor area relative to the 53 ha. of total land
area. As such, it is our opinion that the proposed land area demonstrates the
proposed use is secondary in nature relative to the principal agricultural
operation.
b) the size of the building housing the secondary use in relation to the sizes of
building(s) accommodating the principle use;
ARCADIS MEMORANDUM
Municipality of Bayham – September 11th, 2024
4
Comment: As mentioned above, the proposed use will be limited in size to the
280.0 m2 of floor area for the concrete pad. This is smaller in size/area
comparted to the existing single-detached dwelling, barn, shop, and
supplementary farm dwelling associated with the principal agricultural use.
c) the nature of the secondary use itself and whether the use is operated by the
owner of the property;
Comment: The proposed use will be secondary in nature to support
surrounding agricultural operations in Bayham and will be operated by the
owners of the subject property.
d) the number of people employed by the secondary use in relation to the number
of people employed by the principle use;
Comment: It is our understanding that the proposed use would be coordinated
and operated by the current owners on the subject property and is secondary
to the effort and employee count required to maintain the existing cash crop
operation on-site.
e) the extent to which retail sales occur as a component of the secondary use;
and,
Comment: There is no retail sales component for the proposed use, as the
proposed use is to simply store and distribute portable toilet units for an existing
business.
f) the amount of traffic generated by the secondary use in relation to the principle
use on the property.
Comment: It is our opinion that given the size and scale of the proposed use
for 280.0 m2 of floor area for total of 120 units, it is not anticipated that the
proposed use will have adverse impacts from traffic generated as it is our
understanding that only 1-3 vehicles will be used to distribute these units.
Therefore, it is our opinion that the proposed use conforms with the Elgin County
Official Plan.
Adopted County of Elgin Official Plan (2024)
11. We have reviewed this Zoning By-law Amendment Application in relation to the
adopted County of Elgin Official Plan intended to repeal and replace the existing
County of Elgin Official Plan (2015). The new County of Elgin Official Plan was
adopted by County of Elgin Council on May 14, 2024, and is currently being
reviewed by the Minister of Municipal Affairs and Housing for approval. Therefore,
the proposed County of Elgin Official Plan is not in-force and effect and does not
apply to this application at this time.
ARCADIS MEMORANDUM
Municipality of Bayham – September 11th, 2024
5
Municipality of Bayham Official Plan
12. The Bayham Official Plan designates the subject property as ‘Agriculture’ in
Schedule ‘A1’: Land Use in the Municipality of Bayham Official Plan. Section 2.1.1.2
of the Bayham Official Plan pertains to land uses in the ‘Agricultural’ designation
and indicates that agricultural-related uses and secondary uses are permitted in
this designation provided they are compatible with agricultural uses and do not
contribute to land use conflict. These uses may include surplus farm dwellings on
separate lots, agricultural home occupations, and farm-related industrial and
commercial uses.
13. Comment: It is our opinion that the proposed use for the storage and distribution
of portable toilets to support surrounding agricultural uses is considered an
agricultural-related use and secondary use in the ‘Agriculture’ land use designation.
The principal agricultural use, being a cash crop farming operation, will remain as
it exists today, and the proposed use would be smaller and subordinate to this
primary use. Further, it is our opinion that the proposed use will not contribute to
land use conflicts based on the size and scale of the proposal, given that it will be
limited to an area of 280.0 m2 in order to minimize adverse impacts to uses in the
immediate area. Further, the proposed use only contemplates and permits the
storage and distribution, not the cleaning of the portable toilets as this will be
completed off-site. The nearest dwelling is approximately 200 metres south-east of
the proposed use and will be limited to outdoor storage in the rear yard behind the
existing barn, thus limiting negative visual impacts from the streetscape and
surrounding lots. It is further our opinion that the proposed 1-3 vehicles used for the
distribution of the units will not have significant or adverse impacts to traffic along
Maple Grove Line.
Therefore, it is our opinion that the proposed use is considered an agricultural-
related use and secondary use in the ‘Agriculture’ land use designation and
conforms with the Bayham Official Plan.
Municipality of Bayham Zoning By-law
14. The subject property is currently zoned ‘Agricultural (A1-A)’ in Schedule ‘A’, Map
No. 5 in Zoning By-law No. Z456-2003. Based on our review of the Zoning By-law
in relation to the proposed use, it is our opinion that the proposed use is considered
an “AGRICULTURAL SERVICE ESTABLISHMENT”. As per Section 5.2 of the
Zoning By-law, the ‘A1-A’ Zone currently does not permit “AGRICULTURAL
SERVICE ESTABLISHMENT” on the subject property. Therefore, a Site-Specific
Exception to the A1-A Zone is required to permit the proposed use as an Additional
Permitted Use. As per the Notice of Passing and By-law prepared in addition to this
Memo, the Site-Specific Exceptions would read as follows:
ARCADIS MEMORANDUM
Municipality of Bayham – September 11th, 2024
6
Definition
Agricultural Service Establishment, shall mean the use of land and/or
buildings or structures for the purposes of storing and distributing portable
toilets.
Additional Permitted Uses
An Agricultural Service Establishment, as defined in this By-law, as a site-
specific agricultural-related use that is secondary to the principal agricultural
use, limited to a Maximum Floor Area of 280.0 m2 and outdoor storage will be
limited to the rear yard, in addition to all other permitted uses in the A1-A Zone.
15. Comment: It is our opinion that the proposed use would meet the general intent
and purpose of the Zoning By-law and A1-A Zone, as the proposed use would be
secondary to the principal agricultural operation. The proposed use would be
restricted to a Maximum Floor Area of 280.0 m2 and outdoor storage will be limited
to the rear yard, thus ensuring the scale of the use and business is smaller and
subordinate to the principal use and does not have adverse impacts to the
surrounding area. Further, there is sufficient space adjacent to the storage area to
accommodate the necessary parking spaces for the vehicles needed to distribute
the units. Therefore, we have no objection to the proposed Zoning By-law
Amendment.
Conclusion and Recommendations
16. Based on our review, Arcadis has no objection to the requested Zoning By-law
Amendment Application to rezone the subject property from ‘Agricultural (A1-A)’
Zone to a ‘Site-Specific Agricultural (A1-A-48)’ Zone to permit an ‘Agricultural
Service Establishment’ as an additional permitted use, limited to the storage and
distribution of portable toilets, and shall be limited to a Maximum Floor Area of 280.0
m2 (3,013.8 ft2) and outdoor storage shall be limited to the rear yard.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z791-2024
FROESE
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 ‘A1’ Map No. 5 by changing the zoning symbol on the lands from ‘Agricultural (A1-A)’ Zone to a ‘Site-Specific Agricultural (A1-A-48)’ Zone, which lands are outlined in heavy solid lines and marked “A1-A-48” on Schedule ‘A1’ Map No. 5 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 5.12
Exceptions – Agricultural (A1) Zone by adding the following clauses:
5.12.48.1 Defined Area
A1-A-48 as shown on Schedule ‘A1’ Map No. 5 to this By-law.
5.12.48.2 Definition
Agricultural Service Establishment, shall mean the use of land and/or buildings or structures for the purposes of storing and distributing portable toilets.
5.12.48.3 Additional Permitted Uses
An Agricultural Service Establishment, as defined in Section 5.12.48.2 of this By-law, as a site-specific agricultural-related use that is secondary to the principal agricultural
use, limited to a Maximum Floor Area of 280.0 m2 and outdoor storage will be limited to the rear yard, in addition to all other permitted uses in the A1-A Zone. 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 3RD DAY OF OCTOBER 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 3RD DAY OF OCTOBER 2024.
MAYOR CLERK
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: October 3, 2024
REPORT: DS-73/24 FILE NO. C-07 / D09.24HILD
Roll # 3401-000-004-32900
SUBJECT: Consent Application E79-24 Hildebrandt, H & E
56092 Heritage Line, Straffordville
BACKGROUND
Consent application E79-24 was received from the Elgin County Land Division Committee, as submitted
by Appointed Agent Gerhard Dyck on behalf of land owners Heinrich and Elizabeth Hildebrandt,
proposing to sever from the subject lands located at 56092 Heritage Line, in the village of Straffordville,
as an addition to a lot. The subject property is designated as a ‘Residential’ land use as per Schedule ‘B’
of the Municipality of Bayham Official Plan and is zoned ‘Village Residential 1 (R1)’ on Schedule ‘F’ of
Zoning By-law No. Z456-2003.
The application proposes to sever a parcel of land approximately 900.0 m2 (9,687.5 ft2) to merge on title
with the lands to the west, municipally known as 56088 Heritage Line and to retain approximately
1,900.0 m2 (20,451.4 ft2) of land. The purpose is to expand the rear yard and/or increase the lot area of
the neighbouring property.
Elgin County Land Division Committee will consider the application on October 23, 2024.
DISCUSSION
The planner’s memorandum attached, dated August 28, 2024, analyzes the application subject to the
Municipality of Bayham Official Plan and Zoning By-law.
The standard conditions would include: a digital copy of the final survey, a Letter of Undertaking for the
lands to merge, and the planning report fee payable to the Municipality upon the granting of the consent
by the Elgin County Land Division Committee. In addition, the owner is required to remove the existing
two (2) sheds located on Parcel ‘A’ to be severed as a lot addition.
Staff and municipal planner recommend the support of the consent application for the addition to a lot
with the recommended conditions.
Staff Report DS-73/24 Hildebrandt 2
STRATEGIC PLAN
Not Applicable.
ATTACHMENTS
1. Consent Application E79-24 Hildebrandt
2. Arcadis Memorandum, dated August 28, 2024
RECOMMENDATION
THAT Report DS-73/24 regarding the Consent Application E79-24 Hildebrandt be received;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent
Application E79-24 be granted subject to the following conditions and considerations:
1. That the Owner removes the existing two (2) sheds located on Parcel ‘A’ to be severed as a
lot addition to 56088 Heritage Line
2. That the Owner provides a digital copy of a survey of the subject lands.
3. That the Owner provides a Letter of Undertaking from their solicitor for the lands to merge on
title.
4. That the Owner provides the Planning Report Fee payable to the Municipality of Bayham
upon the granting of the consent by the Elgin County Land Division Committee.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator|Deputy Clerk Chief Administrative Officer
101-410 Albert Street Waterloo, ON, N2L 3V3
Memorandum
To/Attention Municipality of Bayham Date August 28, 2024
From Christian Tsimenidis, BES Project No 3404 – 958
cc Douglas W. Stewart, MCIP, RPP
Subject Heinrich & Elizabeth Hildebrandt - 56092 Heritage Line, Straffordville - Application for Consent E79-24
Background and Summary
1. We have completed our review of Consent Application E79-24 submitted by Gerhard
Dyck on behalf of the property owners Heinrich and Elizabeth Hildebrandt, for the
property identified as 56092 Heritage Line, north side, west of Sandytown Road in
the Village of Straffordville. The applicant is requesting Consent to sever a parcel of
land of approximately 900.0 square metres (9,687.5 square feet) as a Lot Addition to
be merged on title with the lands to the west, municipally known as 56088 Heritage
Line, and to retain approximately 1,900.0 square metres (20,451.4 square feet) of
land. The intent of this Consent Application is to expand the rear yard and/or increase
the lot area of the property located at 56088 Heritage Line.
2. The proposed Retained Lot has an estimated lot frontage of 24.3 metres (79.7 feet)
and lot depth of roughly 100.8 metres (330.7 feet) to accommodate the existing one-
storey single-detached dwelling, detached garage and shed, as per the applicant’s
Severance Sketch. As a result of this application, the two (2) existing sheds on the
proposed Lot Addition lands will be demolished as included in the Conditions of
Approval.
Subject Property and Surrounding Area
3. The subject property can be described as irregular shaped or ‘flagged-shaped’ parcel
that wraps behind the lands municipally known as 56088 Heritage Line. The subject
property and 56088 Heritage Line are currently serviced by private well and municipal
sanitary services, given that they are located within the Village of Straffordville. As
such, both the proposed Severed and Retained Lot would continue to utilize the
existing private well and municipal sewer service connection. The existing driveway
access along Heritage Line proposed for the Retained Lot would remain unaltered as
a result of this application. Since the proposed Lot Addition would merge on title with
ARCADIS MEMORANDUM
Municipality of Bayham – August 28, 2024
2
56088 Heritage Line, the existing driveway access along Heritage Line would
continue to be utilized.
4. The subject property is designated as a ‘Residential’ land use as per Schedule ‘B’ of
the Municipality of Bayham Official Plan and is zoned Village Residential 1 (R1) on
Schedule ‘F’ of Zoning By-law Z456-2003.
5. The subject property is immediately surrounded by low-rise residential uses to the
east, south and west, being located within the Village of Straffordville. An existing
agricultural lot is situated directly north of the subject property, within the settlement
area boundary. The subject property is also within proximity of existing commercial,
retail and institutional uses within the settlement area boundary. Further west and
outside of the settlement area boundary is existing agricultural lands.
Municipality of Bayham Official Plan
6. Section 4.5.1.1 of the Official Plan provides general policy direction with respect to
“Villages” in the Municipality of Bayham, such as the Village of Straffordville. As such,
for public health and safety purposes, all proposed development within the Village of
Straffordville shall require proof of potable water by the Municipality and will be
restricted to infilling until such time as municipal water becomes available.
7. Comment: The Consent Application for a Lot Addition to 56088 Heritage Line does
not propose any new development requiring connection to municipal sanitary services
or a private well. As mentioned in Paragraph 3 of this Memo, private well and
municipal sanitary services currently service the proposed Retained Lot. The Lot
Addition (Parcel ‘A’) will be added to 56088 Heritage Line and utilize the existing
private well and municipal sanitary systems servicing the property. Therefore, it is our
opinion that the proposed Lot Addition is in conformity with Section 4.5.1.1 of the
Official Plan.
8. Section 4.5.2 of the Official Plan, pertaining to the ‘Residential’ land use designation
in Villages, states that the primary use of land in settlement areas is intended for
single-detached dwellings or other low-density types of dwellings.
9. Comment: The proposed severed and Retained Lots are intended to support the
existing single-detached dwellings, which are permitted and encouraged within the
‘Residential’ land use designation. This Consent Application for a Lot Addition to
56088 Heritage Line does not propose any new development on the both lots, as the
existing single-detached dwellings will remain as they exist today. It is our opinion
that the proposed Consent for a Lot Addition to 56088 Heritage Line will maintain and
not conflict with the low-density residential character of the surrounding
neighbourhood, and therefore conform with Section 4.5.2.1 of the Official Plan.
10. Section 8.7.2.5 of the Official Plan provides policy direction with respect to “Consents
and the Creation of New Lots” in the Municipality of Bayham. As such, Consents for
lot additions are permitted in any land use designation, provided that the severance
ARCADIS MEMORANDUM
Municipality of Bayham – August 28, 2024
3
does not result in the creation of a new lot and the severed and retained parcels
comply with the other requirements of the Official Plan and the Zoning By-law.
11. Comment: The proposed Lot Addition will not result in the creation of a new lot, as
the proposed Parcel ‘A’ will be added to the lands directly west of the subject property.
It is our opinion that the proposed Consent for a Lot Addition to 56088 Heritage Line
will conform with Official Plan policies and comply to the provisions in the Municipality
of Bayham Zoning By-law for an ‘R1’ Zone, outlined in Paragraph 12 of this Memo.
In addition, the proposed lot addition will improve the lot configuration of the subject
property, as the shape of the lot will be more consistent in size and form with the
neighbouring lots along Heritage Line that are ‘rectangular’ in nature, rather than ‘flag-
shaped’.
Therefore, it is our opinion the proposed Lot Addition is in conformity with the above
noted policy.
Municipality of Bayham Zoning By-law
12. The subject property is located within the Village Residential (R1) Zone as per
Schedule ‘F’ of the Municipality of Bayham Zoning By-law Z456-2003. This Consent
Application for a Lot Addition to 56088 Heritage Line does not propose any new
development. As per Section 10.1 of the Zoning By-law, the existing single-detached
dwelling on the proposed Retained Lot is considered a permitted use and meets the
provisions of the Zoning By-law. The proposed Lot Addition will merge with 56088
Heritage Line, an existing residential lot also zoned ‘R1’ in Schedule ‘F’ of the
Municipality of Bayham Zoning By-law Z456-2003. As a Condition of Approval, the
owner will be required to remove the existing two (2) sheds on Parcel ‘A’ being
conveyed to 56088 Heritage Line.
13. The Retained Lot will meet the minimum lot area requirements of 900.0 m2 (where
sewer services are available) for an ‘R1’ Zone. As the proposed Lot Addition will be
merged with an existing residential lot, 56088 Heritage Line would meet the required
minimum lot area of 900.0 m2 (where sewer services are available). Further, both of
the proposed lots would meet the required minimum lot frontage of 20.0 metres (for
partially serviced lots). Therefore, it is our opinion that the proposed lots would comply
to the provisions outlined in the Municipality of Bayham Zoning By-law for an ‘R1’
Zone as a result of the proposed Lot Addition.
Conclusion and Recommendations
14. Based on the above review of Consent Application E79-24, Arcadis has no objection
to approval of the proposed Consent for a Lot Addition to 56088 Heritage Line subject
to the following conditions:
a) That the owner removes the existing two (2) sheds located on Parcel ‘A’ to be
Severed as a Lot Addition to 56088 Heritage Line.
b) That the owner provides a Letter of Undertaking for the lands to merge.
ARCADIS MEMORANDUM
Municipality of Bayham – August 28, 2024
4
c) That the owner provides a digital copy of a survey of the subject lands.
d) That the owner provides a Planning Report Fee payable to the Municipality of
Bayham.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham
AMANDA FUSCO
Director of Legislated Services & City Clerk
Corporate Services Department
Kitchener City Hall, 2nd Floor
200 King Street West, P.O. Box 1118
Kitchener, ON N2G 4G7
Phone: 519.741.2200 x 7809 Fax: 519.741.2705
amanda.fusco@kitchener.ca
TTY: 519-741-2385
September 19, 2024
Honourable Doug Ford
Premier of Ontario
Legislative Building
Queen’s Park
Toronto ON M7A 1A1
Dear Premier Ford:
This is to advise that City Council, at a meeting held on August 26, 2024, passed
the following resolution regarding Renovictions and Safe and Adequate Housing:
"WHEREAS the City of Kitchener adopted the resolution, “‘Renovictions’ -
Safe and Adequate Housing” on October 18, 2021, advocating to the
Province of Ontario to take additional and meaningful steps to address the
ever-increasing problem of Renovictions;
WHEREAS the City of Kitchener is taking meaningful steps to help address
the issue with the legislated tools available to municipalities including
adopting Inclusionary Zoning By-law and a Rental Replacement By-law;
THEREFORE IT BE RESOLVED that the City of Kitchener supports the
resolution adopted by the City of Toronto to urge the Province of Ontario to
proclaim and bring into force all regulations pertaining to Bill 97, Helping
Homebuyers, Protecting Tenants Act, 2023,
THEREFORE IT FURTHER BE RESOLVED that the City of Kitchener
supports the resolution adopted by the City of Toronto to request to the
Province of Ontario to amend the Residential Tenancies Act, 2006, and/or
related regulations to:
a. reintroduce vacancy control legislation which ties rents to
residential units rather than tenancies;
b. introduce rent control to cover units first occupied after November
15, 2018;
c. require landlords of residential units to be responsible for finding
temporary accommodation or provide sufficient relocation
assistance for their tenants for the duration of the renovations if
tenants intend to return post - repair/renovation;
-2-
d. require landlords to obtain a building permit before issuing an N13
notice of termination, provide a copy of the applicable permit to
tenants together with any N13 notice of termination, require
evidence that the permit was delivered with the N13 notice of
termination as part of any L2 application to end a tenancy filed on
that basis, and require the approved permit be provided to the
LTB as part of any L2 application to end a tenancy filed on the
basis of an N13 notice of termination;
e. provide the same rights and compensation afforded to tenants in
buildings with five (5) or more units to those in buildings with less
than five (5) units;
f. increase the required compensation for tenants in no-fault
evictions;
g. remove ex parte eviction orders for breached repayment
agreements;
h. require landlords to attach a plain-language tenants’ rights
information package to N13 eviction notices;
i. regulate N11s and buy-out agreements; and
j. amend Above Guideline Increase (AGI) rules to eliminate the
eligibility of capital expenditures that constitute general repair and
maintenance of the property; add a new subsection requiring
landlords to save 10 percent of rental income to be accessed for
capital expenditures; and require landlords to notify tenants of
the decrease in advance of the date when rent is required to be
reduced as specified in an order permitting an AGI related to
eligible capital expenses;
THEREFORE BE IT FURTHER RESOLVED that the City of Kitchener
supports the resolution adopted by the City of Toronto to urge to the
province of Ontario to make the following operational changes to the
Landlord Tenant Tribunal (LTB):
a. allow tenants the right to in-person LTB hearings to eliminate
technological barriers for individuals who do not have access to
digital devices or reliable internet connection;
b. simplify LTB notices with plain language so they are easily
understood and ensure all forms include a tracking number that
is linked to a public registry; and
c. establish a provincial rental registry that tracks building
ownership, rental rates, AGIs and their expiry dates, and LTB
eviction filings and their outcomes; and monitor data on N12 and
N13 evictions.
-3-
THEREFORE BE IT FINALLY RESOLVED that a copy of this motion be
sent to the Association of Municipalities of Ontario, the Premier of Ontario,
the Ministry of Municipal Affairs and housing, all other municipalities within
Ontario, the Region of Waterloo and other Municipalities for their
consideration and possible endorsement.”
Yours truly,
A. Fusco
Director of Legislated Services & City Clerk
Cc: Honourable Paul Calandra, Minister of Municipal Affairs and
Housing
Colin Best, President, Association of Municipalities Ontario
Will Short, Clerk, Region of Waterloo
Ontario Municipalities
Sloane Sweazey, Senior Policy Advisor, City of Kitchener
September 17, 2024
Hon. Francois-Phillip Champagne, Minister of Innovation, Science and Industry of
Canada, Government of Canada
Hon. Mary Ng, Minister of Export Promotion, International Trade and Economic
Development, Government of Canada
Arpan Khanna, MP
Ernie Hardeman, MPP
To Whom It May Concern:
Please be advised that the Council of the Town of Tillsonburg, at its meeting on
September 9th, 2024 passed the following resolution:
A. THAT report EDM 24-029 titled “Cellular Coverage
Concerns” be received;
B. THAT Council of the Town of Tillsonburg endorses the
following:
a. Whereas the residents of our community are not able to
have reliability and confidence in our telecommunications
infrastructure for our commercial establishments and
economic growth, employment, school, virtual medical
appointments, mental health, welfare and emergency
services;
b. Whereas many areas in and around the Town of
Tillsonburg are considered “Dead Zones” causing rural
and urban communities to incur prohibitive costs which
include roaming and overage fees and/or alternative
resources in order to gain basic and limited
communication functionality;
c. Whereas the Innovation, Science and Economic
Development Canada (ISED) has committed to have a
reliable Network and states that, “Reliable
telecommunications networks have never been more
Page 2 of 2
crucial. They support not only a wide range of economic
and social activities but also other critical infrastructure
sectors and government services, andthey are crucial for
emergency services and public safety. They are
fundamental to the safety, prosperity and well-being of
Canadians.”
d. THAT the top priority of the ISED as stated in the
Telecommunications Reliability Agenda is, “Robust
Networks and Systems – This means there is robust
architecture for telecommunications networks with
appropriate redundancy, diversity, and hardening against
hazards, with particular care for emergency services.
There are systems with controls and monitoring and the
telecommunications supply chain including supplier
equipment is trusted and secure. Investments are made
to support these activities including in rural and remote
areas or to address coverage gaps.”
C. THAT the Council of the Town of Tillsonburg requests that
the Federal Government and ISED make it their priority to
push forward with their commitment to provide this crucial
infrastructure in a meaningful and time manner and provide
action and enforcement on the regulations that mandate
timely installation of approved cell tower installations; and
D. THAT a copy of this resolution be also sent to all Ontario
municipalities, SWIFT, local telecommunications providers,
the local MP and MPP.
Sincerely,
Laura Pickersgill
Executive Assistant
Town of Tillsonburg
Cc: All Ontario Municipalities, SWIFT, Bell Canada
September 25, 2024
Re: County of Brant Resolution – September 24, 2024
At the meeting of September 24th, 2024, the Council of the County of Brant adopted the following:
“Whereas the County of Brant, Middlesex County, Municipality of Strathroy Caradoc,
Norfolk County, Town of Tillsonburg, Municipality of East Zorra Tavistock, Grey County,
Perth County, City of Stratford, Municipality of Lambton Shores, and Wellington County have successful utilized government funding to create and sustain local community
transit through Southwest Community Transit; and
Whereas 85,000 riders have utilized the Southwest Community Transit services in the first have of 2024 alone, demonstrating significant community reliance on these services;
and
Where as the economic impact of this transit system is estimated to be $748,800,000 annually, largely due to its role in providing transportation to employment opportunities;
and
Whereas the current funding for this critical small urban and rural inter-community transit
service is set to expire in March 2025, putting the sustainability of the service at risk:
Therefore be it resolved that County of Brant council urges the provincial government to continue funding Southwest Community Transit beyond March 2025 to ensure the
ongoing viability of this essential service for small urban and rural Ontario
Be it further resolved that this resolution be circulated to Elgin County, Middlesex County, Norfolk County, Oxford County, Municipality of Strathroy Caradoc, Town of
Tillsonburg, Municipality of East Zorra Tavistock, Perth County, City of Stratford,
Municipality of Lambton Shores, Wellington County, Bruce County, Municipality of Bayham, Municipality of Thames Centre and other relevant stakeholders for their
support and advocacy.”
Respectfully, Briar Allison
Deputy Clerk County of Brant
Council
Highlights
T u es da y,
Se pte m b er 1 0, 2 02 4
In This Issue:
Elgin County Libraries Show Strong
Performance in Technology, Staffing,
and Collections
Elgin County Endorses Proposed
Relocation of Rodney Library
Council Expresses Support for
Potential West Lorne Library
Expansion
Council Supports Planet Youth Model
for Youth Substance Use Prevention
Council Approves New Tourism
Wayfinding Strategy to Enhance
Visitor Experience
New Provincial Planning Statement
Paves Way for Growth in Elgin County
County Introduces Centralized
Planning Model and Plans to Gather
Feedback from Local Municipal
Partners
Elgin County to Raise Flag for
Welcoming Week in Celebration of
Diversity
Elgin County Council Highlights Page 01
Council received an in-depth analysis from the Director
of Community and Cultural Services on the performance
of Elgin County Library branches, based on the
Administrators of Rural and Urban Public Libraries of
Ontario (ARUPLO) Guidelines for Rural/Urban Public
Library Systems. This benchmarking report compared
key areas such as facility size, hours of operation,
staffing, collections, seating, and technology across the
County’s ten library branches.
The report found that the libraries performed well in
several categories. Nine out of ten branches met or
exceeded the guidelines for collections, technology, and
staffing. Notably, the system excelled in providing
technology access, with all branches surpassing the
ARUPLO guidelines in this area.
However, facility size remains a challenge, with only
three branches meeting the recommended space
requirements. The report identified growth in population
and insufficient space for community programs as
ongoing concerns. The Director noted that improvements
to facility size are largely dependent on local municipal
partners, as they own the buildings housing the
branches.
Council received the report for information, which will
support future planning and advocacy efforts for the
library system.
Elgin County Libraries Show Strong Performance
in Technology, Staffing, and Collections
Elgin County Council has endorsed a recommendation to support the Municipality of
West Elgin’s efforts to find a new location for the Rodney Library. While the project is
still in the early stages, the endorsement aligns with the County’s Library Branch
Construction Policy and follows a request from West Elgin to move the library as part
of a broader renovation project for the Old Town Hall, which has been supported by
the Investing in Canada Infrastructure Program.
Council has approved a letter of support to West Elgin and will collaborate with the
municipality on key details such as square footage, leasing arrangements, and
preparations for the new facility. While the move may result in increased leasing
costs for the County, options for financial collaboration are being explored, including
an interest-free loan from the County to assist with the project.
This decision reflects the ongoing collaboration between the County and local
municipal partners to improve and expand library facilities in line with community
needs and library planning guidelines.
Elgin County Council Highlights P age 02
Elgin County Endorses Proposed Relocation of Rodney Library
Elgin County Council has expressed support in principle for the expansion of the
West Lorne Library within the West Lorne Community Complex. The expansion would
add up to 1,000 square feet of space to the current library, addressing critical needs
such as dedicated program areas, a community meeting room, and quiet study
spaces.
The additional space, made available by a vacant office suite adjacent to the current
library, would bring the total library size to approximately 2,763 square feet, meeting
guidelines set by the library’s planning framework. The Municipality of West Elgin will
be responsible for preparing the space for library use and integrating it with the
existing facility.
Council's support is subject to further details being outlined in a formal "Letter of
Intent" from the Municipality of West Elgin, which will include specific square footage,
timelines, and lease considerations.
Council Expresses Support for Potential West Lorne Library Expansion
Elgin County Council Highlights Page 03
Council Approves New Tourism Wayfinding Strategy to Enhance
Visitor Experience
Elgin County Council has approved a new Tourism Wayfinding Strategy designed to
improve visitor navigation and promote key attractions across the County. The
strategy will replace aging signage with a more visually cohesive system, guiding
visitors to popular destinations like historic downtowns and beach communities. This
strategy will enhance the overall visitor experience while supporting tourism growth
throughout Elgin County.
Elgin County Council expressed support for Southwestern Public Health's adoption of
the Planet Youth model, a community-driven approach developed in Iceland to
reduce youth substance use. The model focuses on creating environments that
discourage substance use and foster protective factors through community
involvement and data-driven strategies. This initiative aligns with the County's
Community Safety and Well-Being Plan, aiming to enhance youth well-being and
safety across the region.
Council Supports Planet Youth Model for Youth Substance Use Prevention
Approximation of the design for the new County gateway signage
Elgin County Council Highlights P age 04
Elgin County Council reviewed the new 2024 Provincial Planning Statement (PPS),
which provides a streamlined policy framework to support land use planning and
housing development across Ontario. The PPS replaces previous provincial planning
documents and introduces significant changes, such as removing the need for
population and employment growth targets and allowing more flexible settlement
area expansions. The new PPS will come into effect on October 20, 2024, and all
local planning decisions will need to align with its guidelines.
New Provincial Planning Statement Paves Way for Growth in Elgin County
Elgin County Council reviewed a proposal to centralize planning services across the
County to enhance efficiency and address growth pressures stemming from major
developments like the Volkswagen EV battery plant. The proposed model would
gradually transition planning responsibilities from individual municipalities to a
centralized County service in a phased approach.
Council supported the model in principle and will move forward with gathering input
from local municipal partners. The Director of Planning and Development will present
the model to local municipal councils to ensure their needs and concerns are fully
addressed before implementation.
County Introduces Centralized Planning Model and Plans to Gather
Feedback from Local Municipal Partners
Elgin County Council approved a flag raising request from the St. Thomas-Elgin
Local Immigration Partnership (STELIP) to mark Welcoming Week 2024. The flag will
be raised on September 24, 2024, at the Elgin County Heritage Centre to celebrate
the ongoing efforts to create an inclusive and welcoming community for newcomers.
The event will reaffirm the County’s commitment to supporting diversity and
combating racism, xenophobia, and anti-immigrant sentiment.
Elgin County to Raise Flag for Welcoming Week in Celebration of Diversity
For the complete September 10, 2024 Agenda Package, please visit the following link:
County Council Agenda Package
Section 6.9.2 of Procedural By-law No. 2023-021 states: The Clerk, at his own discretion, is delegated the
authority to direct the item of Correspondence or a summary thereof to the appropriate Agenda.
Summary of Correspondence received from Debbie Marlatt:
Debbie Marlatt is requesting Council’s attention on the administration of hall rentals. Marlatt submitted
a Freedom of Information Request (FOI) earlier in 2024 to obtain copies of specific rental contracts from
one particular renter that is believed to have been receiving discounted rates outside of the approved
rental rates. Marlatt expresses frustration for the taxpayers subsidizing a specific renter and the cost to
process a Freedom of Information Request. Marlatt’s correspondence included a spreadsheet outlining
the findings from the FOI.
Marlatt requests the following:
1. Review and Audit: Conduct a comprehensive review and audit of all past and current hall rental
agreements to identify instances of unauthorized discounts and subsidies contrary to the approved
Rates and Fees bylaw.
2. Policy Development: Ensuring that all agreements are consistent with the approved rates and fees per
established bylaws, and any discounted rates outside the by-laws are approved by council.
3. Equal Access: Ensure that all community groups have equal access to hall rental opportunities and
that no single group is given preferential treatment.
4. Financial Accountability: Establish financial accountability measures to monitor and report on the
hall's financial performance regularly. Ensure rental contracts should be signed by the CAO and
Treasurer.
5. Public Disclosure: Make all hall rental agreements and financial reports publicly accessible to ensure
transparency and build public trust. A detailed-annual report should be presented on an agenda to
council of all rentals.
6. Deficit Reduction Plan: Develop a plan to reduce the hall's operating deficit, including exploring
alternative revenue sources and cost-saving measures without manipulating reporting to give the
illusion of a profit.
Official correspondence - Request for action
Dear Mayor and councillors
We are writing to bring to your attention a pressing concern regarding the
parking lot at the Vienna Lions Community Centre at 26 Fulton St, Vienna.
When the municipality sold the community centre to the Vienna Lions, the
parking lot was included in the sale. However, the municipality retained the
adjacent park and failed to provide adequate parking for park users. Now the
Municipality is selling off additional land within the area of the Vienna
Community Park. One lot is currently institutional that should remain that
zoning should the park need a parking lot.
The purchase agreement may allow park patrons to use the parking lot, but does
not imply permission or guarantee access.
The agreement of purchase and sale specifically stated “it is agreed and
understood that patrons of the Vienna community Park “may” continue to park
on the parking lot that is situate on the subject property while using the park.
Please note the word “may” does not denote or imply permission. This clause
does not state “shall”.
Despite our efforts to establish a cost-sharing agreement with the CAO, our
attempts have been rejected per below. This leaves the Vienna Lions Club and
park users vulnerable to liability, maintenance, and snow clearance issues. We
feel it is not responsible to expect the Vienna Lions Club to provide liability for
public park users on behalf of the Municipality of Bayham.
Since the sale, the municipality has enhanced the park with new facilities,
increasing parking lot usage. We request that the Municipality of Bayham take
responsibility for park users accessing the parking lot.
We request the following actions:
1. Provide a certificate of liability insurance to the Vienna Lions Club, covering
public users of the parking lot.
2. Enter into a cost-sharing agreement for parking lot maintenance, snow
clearance and repairs.
We look forward to a prompt resolution to this matter. If no resolution is met
we will be forced to take further action.
Sincerely,
Bruce Carmichael, President
Vienna Lions Club
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: October 3, 2024
REPORT: CAO-40/24 SUBJECT: AMENDED TRANSFER PAYMENT AGREEMENT – INVESTING IN CANADA
INFRASTRUCTURE PROGRAM (ICIP) COMMUNITY, CULTURE AND
RECREATION (CCR) STREAM – STRAFFORDVILLE COMMUNITY CENTRE
EXPANSION BACKGROUND
On March 16, 2023, Council received Report CAO-16/23 re Detailed Costing and Timeline
Update – Straffordville Community Centre Expansion. The Report provided a background to-
date of the Straffordville Community Centre (SCC) project, including details about the original
grant application, its contents, and the apparent cost over-runs as described by a+LINK
Architecture Inc. (a+LINK).
Council was presented with a detailed breakdown of the costs for the SCC expansion project,
which as of Q1 2023, had increased to approximately $2.9 million from $2.003 million, which
was applied for in 2019 and included ~$1.47 million in ICIP grant funding. Bayham was
projected to have to cover $535,000 in costs for its Municipal contribution, which was allocated
into the Facilities Reserve.
Council passed the following motion:
Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report CAO-16/23 re Detailed Costing and Timeline Update – Straffordville Community Centre Expansion be received for information; AND THAT the detailed costing for the proposed SCC Expansion be referred back to staff for further discussion and presentation to Council in Q2 2023.
On April 6, 2023 and after staff followed up with a+LINK on the Council decision, Council received Report CAO-20/23 re Follow-up Report – Detailed Costing and Timeline Update –
Straffordville Community Centre Expansion. After much discussion on the Report, Council passed the following motion:
Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report CAO-20/23 re Follow-up Report – Detailed Costing and Timeline Update –
Straffordville Community Centre Expansion be received for information; AND THAT, due to estimated cost over-runs, Council approve the re-scoping of the
Straffordville Community Hub project to remove the Covered Pavilion, LED Ball Diamond Lighting, and new concrete pad; AND THAT an application be made to the ICIP Community, Culture and Recreation program for consideration of the identified reduction in scope. In accordance, staff made application to the ICIP Community, Culture and Recreation (ICIP CCR) program for a scope reduction as directed by Council. The ICIP CCR program received
the scope reduction in mid-April 2023 and reached out in late-June 2023 for clarification on a few items. Staff were advised of a 3-6 month approval period for such a request.
At its December 7, 2023 meeting, Council received Report CAO-63/23 re Straffordville Community Centre Expansion – Timeline Update and Financial Impacts. The Report identified that the procurement timeline was negatively impacted by the lack of correspondence from ICIP on the scope reduction. The Municipality had to suspend detailed design work with a+LINK while the scope reduction was being reviewed. It was further identified that project delays may have negative impacts to costs due to additional inflationary pressures and impacts from large-scale development in the region. Council was also presented with competing budgetary priorities in Bayham’s core and non-core portfolios, which may require re-allocation of certain reserves to fund other projects. Council passed the following motion: Moved by: Councillor Chilcott
Seconded by: Councillor Froese THAT Report CAO-63/23 re Straffordville Community Centre Expansion – Timeline
Update and Financial Impacts be received for information. In regards to the scope reduction application, the Municipality was further contacted for follow-
up clarification of certain items in January 2024, but afterwards, communication went quiet once more. On September 25, 2024, the Municipality received correspondence from the ICIP CCR program advising of the approved scope reduction and requesting signatures on the amending Transfer Payment Agreement (TPA), which is attached to this Report. The original TPA was executed by the CAO and Treasurer as Municipal signing authorities in 2021. DISCUSSION Council approved a scope reduction on April 6, 2023, which, based on the estimates of the day, would have resulted in a project cost estimate of $2,269,972 + applicable HST and contingencies. The scope reduction has since been approved, which formally removes the
Covered Pavilion, new concrete pad, and LED Ball Diamond Lighting from the general scope of work.
Report CAO-63/23 identified concerns regarding the costing due to construction details
associated with the then-unknown status of the scope reduction. At the time, a+LINK Architecture noted upside risk on the estimate provided may be as much as 30 percent as of April 2024, should works proceed then. When considered in the context of the estimate received in Q1 2023 and approved re-scoped project amount, the upside could be $681,000 before tax and contingency. Based on the above, it was communicated that a cost increase of this nature would push the project past the brink of feasibility. Certain reserves are proposed in the upcoming budget cycle to be pledged to ensuring the Municipality can be positioned to extinguish the balance of the Ojibwa principal while reducing the corresponding tax levy impact as much as feasibly possible. Reserves such as the Contingency, Road Construction, and OCIF/Gas Tax allocations may be
used heavily in 2025, which lowers the overall cost ceiling for this project. Staff have reached back out to a+LINK to ascertain a better idea of the current cost
environment and updated implications for this project. They have advised that, relative to twelve months ago, they have seen costs on similar projects level out as there is more competition among their regular bidders, and more bidders are submitting to open tenders.
Ultimately, should Council authorize the amending TPA, there is nothing stopping the Municipality from continuing through the design process and into tendering. The intent of a Tender is to provide maximum construction detail at the front-end of a procurement process, and any bidder submitting a package for the Tender is to construct to the specifications identified with little to no negotiation. Under Bayham’s Procurement Policy (authorized by By-law No. 2015-030), specifically Section 8.12, it is noted that a Tender “Award shall be made to
the Lowest Compliant Bidder”. Risk exists to the Municipality in a Tender process because, despite reasonable cost estimates, the bid award could be lower or higher than the estimate. If higher, and indeed if too high for Council’s appetite upon consideration of the bids, Council may choose at that time to not proceed with the project due to financial viability, or Council may wish
to authorize debt to fund any overage not able to be covered by reserves. If the project is to proceed and a tender is to be issued, it has been suggested to staff that January 2025 would be ideal for a 2025 construction project. Section C2.0 of the TPA speaks to the upper-level financial contributions. The amending TPA does not amend Section C2.0. Therefore, as staff understand it, despite the scope reduction,
the funding contributions from the Province and Federal governments will remain unchanged. If Council is supportive to continue with this project, Council may authorize the CAO and Mayor to sign and remit the TPA to the Ministry. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Actively seek and apply for grants to support operational and capital projects
ATTACHMENTS
1. Amending Transfer Payment Agreement - Investing in Canada Infrastructure Program (ICIP) Community, Culture and Recreation Stream – Straffordville Community Centre Expansion RECOMMENDATION 1. THAT Report CAO-40/24 re Amending Transfer Payment Agreement – Investing in Canada Infrastructure Program (ICIP) Community, Culture and Recreation Stream –
Straffordville Community Centre Expansion be received for information;
2. AND THAT Council authorizes the CAO and Mayor to execute an amending Transfer Payment Agreement between His Majesty the King, in Right of Ontario, as represented by the Minister of Infrastructure and the Municipality of Bayham for the Investing in
Canada Infrastructure Program (ICIP): Community, Culture and Recreation Stream. Respectfully Submitted by: Thomas Thayer, CMO, AOMC
Chief Administrative Officer
Case Number 2019-10-1-1417881119
Corporation of the Municipality of Bayham and Ontario ICIP CCR TPA 1
AMENDING AGREEMENT NO. 1 TO A TRANSFER PAYMENT AGREEMENT FOR
THE INVESTING IN CANADA INFRASTRUCTURE PROGRAM (ICIP): COMMUNITY
CULTURE AND RECREATION STREAM
B E T W E E N :
HIS MAJESTY THE KING IN RIGHT OF ONTARIO
as represented by the Minister of Infrastructure
(the “Province”)
- and -
Corporation of the Municipality of Bayham
(CRA # 874182769)
(the “Recipient”)
BACKGROUND
1. The Province and the Recipient entered into an agreement effective as of
November 09, 2021 (the “Agreement”).
2. The Parties wish to amend the Agreement in the manner set out in this amending
agreement (the “Amending Agreement No. 1”).
IN CONSIDERATION of the mutual covenants and agreements contained herein, and
for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties hereto agree as follows:
1. Capitalized terms used but not defined in this Amending Agreement No. 1 have
the meanings ascribed to them in the Agreement.
2. Section C.1.1 (Project Description) of Schedule “C” of the Agreement is deleted
and replaced with:
C.1.1 Project Description.The Project, Straffordville Community Hub Construction &
Rehabilitation, will:
Case Number 2019-10-1-1417881119
Corporation of the Municipality of Bayham and Ontario ICIP CCR TPA 2
The Recipient will complete additions to facilitate all season accessible,
equitable, structured and unstructured recreation opportunities to meet
community need and promote healthy lifestyles accessible by active modes of
transportation.
The extension will be 4,000 square feet and include a canteen, a universal
washroom, a commercial kitchen, and a community meeting room. It will also
include the construction of a 2,300 square foot x 6’ accessible walking trail with
connection to accessible seating areas at sports fields, playground equipment
and facilities.
The Recipient will also rehabilitate the pavilion and sport field buildings.
Enhancements will provide an additional 35,750 m2 of newly renovated,
accessible space, and an additional 1,440 hours of structured or unstructured
use available per year.
It will also provide space for 13 known (and more unknown) community groups to
offer community programming and, it will service a minimum of 17,400 persons,
over 40% of whom are 19 years old or younger, and 35% who have low or
vulnerable income including the Mennonite community and temporary farm
labourers.
3. Clause D.1.1(a)(i) of Schedule “D” of the Agreement is deleted and replaced
with:
(i) submit to the Province, up and until the Final Payment has been
made pursuant to Schedule J (Request for Payment and Payment
Procedures), Progress Reports twice per calendar year on or
before March 1 and September 1.
4. Amending Agreement No.1 shall be effective as of the date of the last party to
sign the Amending Agreement No. 1.
5. Except for the amendments provided for in this Amending Agreement No. 1, all
provisions in the Agreement shall remain in full force and effect.
6. This Amending Agreement No. 1 may be signed in any number of counterparts,
each of which will be deemed to be an original, but all of which will constitute one
and the same instrument.
7. This Amending Agreement No. 1 may be validly executed electronically, and the
respective electronic signatures are the legal equivalent of manual signatures.
The electronic or manual signature of a Party may be evidenced by one of the
following means, and transmission of this Amending Agreement No. 1 may be
brought about as follows:
Case Number 2019-10-1-1417881119
Corporation of the Municipality of Bayham and Ontario ICIP CCR TPA 3
(i) a manual signature of an authorized signing representative placed in
the respective signature line of this Amending Agreement No. 1 and
it is scanned as a PDF file and delivered by email to the other Party;
(ii) a digital signature, including the name of the authorized signing
representative is typed in the respective signature line of this
Amending Agreement No. 1, an image of a manual signature or an
Adobe e-signature of an authorized signing representative, or any
other digital signature of an authorized signing representative with
the other Party’s prior written consent, is placed in the respective
signature line of this Amending Agreement No. 1 and it is delivered
by email to the other Party; or
(iii) any other means with the other Party’s prior written consent.
[Remainder of page intentionally left blank. Signature page follows.]
Case Number 2019-10-1-1417881119
Corporation of the Municipality of Bayham and Ontario ICIP CCR TPA 4
The Parties have executed this Amending Agreement No. 1 on the dates set out below.
HIS MAJESTY THE KING IN RIGHT OF ONTARIO
as represented by the Minister of Infrastructure
____________________ ______________
Name: Date
Title:
Corporation of the Municipality of Bayham
___________________ ______________
Name: Date
Title:
I have authority to bind the Recipient.
___________________ ______________
Name: Date
Title:
I have authority to bind the Recipient.
1
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO 2024-058
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,
2
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;
3
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
4
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
5
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
8
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.
15
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
16
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
17
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;
18
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
19
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
20
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. 2023-067 and any amendments shall be repealed in its entirety
after the effective date.
Section 14 – Effective Date
14.1 This by-law shall become effective and in full force on January 1, 2025.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 3rd DAY
OF OCTOBER, 2024.
________________________________ ________________________________
MAYOR CLERK
21
SCHEDULE ‘A’
Metered Water Rates (Bayham System)
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
Base
Monthly
Charge $14.26 $17.83 $22.29 $27.86 $34.83 $40.05 $46.06 $52.97 $55.62 $58.40
Volume
Charge
Per m3
$4.18 $4.39 $4.61 $4.84 $5.08 $5.33 $5.60 $5.88 $6.17 $6.48
Metered Water Rates (Richmond System)
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
Monthly
Charge $56.34 $59.16 $62.12 $65.23 $68.49 $71.91 $75.51 $79.29 $83.25 $87.41
Volume
Charge
Per m3
$4.18 $4.39 $4.61 $4.84 $5.08 $5.33 $5.60 $5.88 $6.17 $6.48
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 2024-059
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
3
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.
5
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.
6
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
7
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.
8
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
9
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
10
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. 2023-068 and any amendments shall be repealed in its entirety
after the Effective Date.
Section 13 – Effective Date
13.1 This by-law shall become effective and in full force on January 1, 2025.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 3rd DAY
OF OCTOBER, 2024.
________________________________ ________________________________
MAYOR CLERK
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Schedule ‘A’
Wastewater Surcharge Rates
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
Monthly
Charge $58.92 $60.69 $62.51 $64.39 $66.32 $68.31 $70.36 $72.47 $74.64 $76.88
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. Z791-2024
FROESE
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 ‘A1’ Map No. 5 by changing the zoning symbol on the lands from ‘Agricultural (A1-A)’ Zone to a ‘Site-Specific Agricultural (A1-A-48)’ Zone, which lands are outlined in heavy solid lines and marked “A1-A-48” on Schedule ‘A1’ Map No. 5 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 5.12
Exceptions – Agricultural (A1) Zone by adding the following clauses:
5.12.48.1 Defined Area
A1-A-48 as shown on Schedule ‘A1’ Map No. 5 to this By-law.
5.12.48.2 Definition
Agricultural Service Establishment, shall mean the use of land and/or buildings or structures for the purposes of storing and distributing portable toilets.
5.12.48.3 Additional Permitted Uses
An Agricultural Service Establishment, as defined in Section 5.12.48.2 of this By-law, as a site-specific agricultural-related use that is secondary to the principal agricultural
use, limited to a Maximum Floor Area of 280.0 m2 and outdoor storage will be limited to the rear yard, in addition to all other permitted uses in the A1-A Zone. 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 3RD DAY OF OCTOBER 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 3RD DAY OF OCTOBER 2024.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-060
A BY-LAW TO CONFIRM ALL ACTIONS OF
THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD OCTOBER 3, 2024
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 Special Council meeting held October 3, 2024 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 3rd DAY
OF OCTOBER, 2024.
____________________________ _____________________________
MAYOR CLERK