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Home My WebLink AboutAugust 21, 2025 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, August 21, 2025 7:00 p.m. 7:30 p.m. Statutory Planning Meeting – 1 Application The August 21, 2025 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 July 17, 2025 B. Statutory Planning Meeting held July 17, 2025 C. Court of Revision Meeting held July 17, 2025 D. Special Meeting of Council held July 30, 2025 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council 11. PHYSICAL SERVICES – EMERGENCY SERVICES 11.1 Correspondence 11.1.1 Receive for Information 11.1.2 Requiring Action Council Agenda August 21, 2025 2 11.2 Reports to Council A. Report BL-04/25 by Mark Russell, By-law Enforcement Officer re 2025 By-law Enforcement Services Mid-Year Report B. Report PS-08/25 by Steve Adams, Manager of Public Works/Drainage Superintendent re Quotation Award – RFQ 25-01 Straffordville Community Park Storage Building Upgrades 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Decision re OPA 39, 1498855 Ontario Inc. B. Notice of Public Meeting re ZBA-19/25 Bonney & Cadman 13540 Bayham Drive 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-35/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Official Plan Amendment OPA-01/25 and Zoning Amendment ZBA-17/25 Dujardin 56149 Glen Erie Line B. Report DS-36/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Official Plan Amendment OPA-02/25 and Zoning Amendment ZBA-18/25 Vyn 11045 Bayham Norfolk Boundary Road 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Village of Burk’s Falls re Battery Energy Storage System Facilities B. Norfolk County re Bill C-2 C. Township of Nairn and Hyman re Opposition to the Transportation and Disposal of Niobium Tailings at the Agnew Lake Tailings Management Area D. City of St. Catharines re Elect Respect Pledge 13.1.2 Requiring Action A. John Regan re Method of Voting 13.2 Reports to Council A. Report TR-17/25 by Lorne James, Treasurer re 2025 Mid-Year Parkland Dedication and Cash-in-Lieu of Parkland Funds Report B. Report CAO-33/25 by Thomas Thayer, CAO re Bayham Community Strategic Plan Progress – 2025 Mid-Year Report Council Agenda August 21, 2025 3 C. Report CAO-34/25 by Thomas Thayer, CAO re Temporary Use Agreement – Roe and Picard, 7127 Plank Road 14. BY-LAWS A. By-law No. 2025-051 Being a by-law to establish development charges for the Corporation of the Municipality of Bayham B. By-law No. 2025-052 Being a by-law to adopt Official Plan Amendment No. 40 C. By-law No. 2025-053 Being a by-law to adopt Official Plan Amendment No. 41 D. By-law No. Z812-2025 Being a by-law to amend By-law No. Z456-2003 – Dujardin E. By-law No. Z813-2025 Being a by-law to amend By-law No. Z456-2003 – Vyn 15. UNFINISHED BUSINESS 16. OTHER BUSINESS A. Draft Minutes of the July 21, 2025 Waterfront Advisory Committee Meeting B. Draft Minutes of the July 23, 2025 Museum Advisory Committee Meeting C. Recommendations to Council from the Waterfront Advisory Committee 16.1 In Camera A. Confidential Item re Personal matters about an identifiable individual (Waterfront Advisory Committee Appointment) 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2025-054 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, July 17, 2025 7:00 p.m. 7:30 p.m. Statutory Planning Meeting – 4 Applications 8:00 p.m. Grewal Drain Court of Revision The July 17, 2025 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL TREASURER LORNE JAMES MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS CHIEF BUILDING OFFICIAL SCOTT SUTHERLAND FIRE CHIEF HARRY BARANIK 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 pm. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Froese declared a pecuniary interest to item 12.2 E as he is the applicant. Councillor Emerson declared a pecuniary interest to item 13.1.2 A as he is the requester. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 6. A Susanne Schlotzhauer re Residential Building Height (document added) 13.2 A Report TR-16/25 by Lorne James, Treasurer re 2025 Q2 Variance Report 4. ANNOUNCEMENTS Councillor Chilcott reminded residents of the upcoming Car Show and Poker Run at the Vienna Memorial Park on Saturday, July 19, 2025. Councillor Chilcott also noted another upcoming speaker at the Edison, Vienna & Area Museum on Saturday, July 26, 2025. Council Minutes July 17, 2025 2 CAO Thomas Thayer reminded residents that the municipal office will be closed Monday, August 4, 2025 for the Civic Holiday. 5. PRESENTATIONS A. Nathan MacIntyre re Understanding Rip Currents Moved by: Councillor Emerson Seconded by: Councillor Froese THAT the presentation by Nathan MacIntyre re Understanding Rip Currents be received for information. CARRIED 6. DELEGATIONS A. Susanne Schlotzhauer re Residential Building Height Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the delegation by Susanne Schlotzhauer re Residential Building Height be received for information. CARRIED The Council Meeting recessed at 7:29 pm to hold a Statutory Planning Meeting and a Court of Revision Meeting. The Council Meeting resumed at 8:14 pm with a break until 8:23 pm. 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Development Charges Public Meeting held June 19, 2025 B. Regular Meeting of Council held June 19, 2025 C. Public Drainage Meeting held June 19, 2025 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the minutes of the Development Charges Public Meeting held June 19, 2025, the minutes of the Regular Meeting of Council held June 19, 2025 and the minutes of the Public Drainage Meeting held June 19, 2025 be approved as presented. CARRIED Council Minutes July 17, 2025 3 8. MOTIONS AND NOTICE OF MOTION A. Councillor Emerson re Harassment Moved by: Councillor Emerson Seconded by: Councillor Chilcott WHEREAS public sector employees and representatives serve the community with professionalism, dedication and accountability, performing essential duties in accordance with established laws, polices and standards; AND WHEREAS the nature of public sector duties places employees and representatives in regular interaction with members of the public, often involving sensitive matters; AND WHEREAS all member of the public have a right to freedom of expression, including the right to express opinions and concerns about public services, decisions and individual experiences; AND WHEREAS this right is fundamental in a democratic society but it must be exercised in a manner that respects the rights, safety and dignity of others; AND WHEREAS harassment, intimidation or targeted personal attacks against public employees or representatives whether in person, in writing or through social media constitutes unacceptable behaviour that goes beyond the bounds of free expression; NOW THEREFORE BE IT RESOLVED: 1. THAT the Municipality of Bayham Council affirms the right of every individual to share feedback, opinions and concerns regarding government services in a constructive and respectful manner; 2. THAT Council acknowledges that public sector employees and representatives are entitled to a safe, respectful and harassment-free work environment and condemns all forms of harassment and/or abuse; 3. THAT staff be directed to engage legal counsel to investigate options for how to enhance harassment and/or abuse protections and provisions in municipal policy; 4. AND THAT this resolution be circulated to the other Elgin County municipalities. CARRIED 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 Council Minutes July 17, 2025 4 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-27/24 1498855 Ontario Inc. (Emerson) B. Notice of Passing re Zoning By-law Amendment ZBA-15/25 Neufeld C. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-14/25 Countryside Communities Inc. D. Notice of Public Meeting re Proposed Amending By-law to Remove Holding Symbol ZBA- 16/25 Nezezon & Howlett E. Notice of Public Meeting re Proposed Official Plan Amendment OPA-01/25 and Proposed Zoning By-law Amendment ZBA-17/25 Dujardin F. Notice of Public Meeting re Proposed Official Plan Amendment OPA-02/25 and Proposed Zoning By-law Amendment ZBA-18/25 Vyn Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT items 12.1.1 A – F be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DR-08/25 by Steve Adams, Manager of Public Works/Drainage Superintendent re 2025 2nd Quarter Drainage Report Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report DR-08/25 re 2025 2nd Quarter Drainage Report be received for information. CARRIED B. Report DS-19/25 (revised) by Margaret Underhill, Planning Coordinator/Deputy Clerk & Harry Baranik, Fire Chief re Supplementary Staff Report – Residential Maximum Building Height Regulations Council Minutes July 17, 2025 5 Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report DS-19/25 regarding Residential Maximum Building Height Regulations be received for information; AND THAT Council amend Zoning By-law No. Z456-2003 Sections 10.5 and 11.6, Maximum Building Height regulations to increase the height to 8 meters. CARRIED C. Report DS-31/25 by Scott Sutherland, Chief Building Official re 2025 2nd Quarter Building Report Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Staff Report DS-31/25 re 2nd Quarter Report be received for information. CARRIED D. Report DS-32/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E45-25 2757886 Ontario Inc. (Neil Hiebert) 9407 Elgin Street Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DS-32/25 regarding the Consent Application E45-25 submitted by 2757886 Ontario Inc. be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E45-25 proposing to create a residential lot be granted subject to the following conditions and considerations: 1. That the Owner obtains approval from the Municipality of Bayham for the installation of a new private well on the proposed Retained and Severed Lots providing the Municipality with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety. 2. That the Owner obtains a permit from the Municipality of Bayham for the installation of a new municipal sanitary service connection to the proposed Retained and Severed Lots; 3. That the Owner obtains approval from the Municipality of Bayham for road entrance permit (Elgin Street) for a new access to the proposed Severed Lot; 4. That the Owner provides an engineered grading and storm water management plan for each parcel to demonstrate that each will drain properly with no negative impacts on the neighbouring lands or the street, all to the satisfaction of the Municipality of Bayham. 5. That the Owner initiates and assumes, if required, all engineering costs associated with the preparation of a revised assessment schedule for Straffordville Drain No. 8 in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid Council Minutes July 17, 2025 6 in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. 6. That the Owner provides a digital copy of a survey of the subject lands. 7. That the Owner applies and pays all fees to the Municipality with respect to Civic Addressing/signage for the severed lot. 8. That the Owner provides a Planning Report Fee payable to the Municipality of Bayham upon the granting of the consent. CARRIED Councillor Froese left the table at 9:15 pm E. Report DS-33/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E43-25 Dan Froese Farms, Plank Road Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Report DS-33/25 regarding the Consent Application E43-25 submitted by Dan Froese Farms Inc. be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E43-25 proposing to create a residential parcel within the Straffordville settlement boundary be granted subject to the following conditions and considerations: 1. That the Owner applies for a Minor Variance for the retained lands to address the minimum Lot Area requirement deficiency resulting from this severance. 2. That the Owner provides a digital copy of a survey of the subject lands. 3. That the Owner provides a Planning Report Fee payable to the Municipality of Bayham upon the granting of the consent. 4. That the Owner applies and pays all fees to the Municipality with respect to Civic Addressing/signage for both the severed and retained parcels. CARRIED Councillor Froese returned to the table at 9:18 pm F. Report DS-34/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-15/25 Nezezon Howlett Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report DS-34/25 regarding the Nezezon Howlett rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held July 17, 2025 associated with this application, there were no written submissions and no oral presentations Council Minutes July 17, 2025 7 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 portion of the lands owned by John Nezezon and Danielle Howlett identified as Parts 2, 3, 4, 5 of Registered Plan 11R-11177, and subject to Consent Applications E46-23, E47-23, E48-23 and E49-23 from Holding Village Residential 1 (R1(h1/h4)) Zone to Village Residential 1 (R1) Zone; AND THAT Zoning By-law No. Z810-2025 be presented to Council for enactment. CARRIED 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. The Honourable Robert Black re Soil Health in Canada B. City of Guelph re Special Economic Zones Act, 2025 C. Long Point Region Conservation Authority re June 4, 2025 Meeting Minutes D. Long Point Region Conservation Authority re June 4, 2025 Hearing Meeting Minutes E. Elgin OPP Detachment Board re 2024 Annual Report F. Elgin County re Joint Annual Accessibility Status Report 2023/2024 G. Municipality of Bayham re 2025 Museum Summer Programs Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT items 13.1.1 A – G be received for information. CARRIED Councillor Emerson left the table at 9:29 pm 13.1.2 Requiring Action A. Tim Emerson re AGCO Endorsement Request Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT upon confirmation of all applicable planning and/or municipal approvals, the Council of The Corporation of the Municipality of Bayham has no objection to 1498855 Council Minutes July 17, 2025 8 Ontario Inc. applying to the Alcohol and Gaming Commission of Ontario for a Manufacturer’s Limited Liquor Sales licence (also known as a “By the Glass” licence) for a tasting room/retail store located at 92 Edison Drive, Vienna. CARRIED Councillor Emerson returned to the table at 9:31 pm 13.2 Reports to Council A. Report TR-16/25 by Lorne James, Treasurer re 2025 Q2 Variance Report Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Report TR-16/25 re 2025 Q2 Variance Report be received for information; AND THAT the current cash on-hand from matured investments be left in the current operating account; AND THAT staff be directed to report back in Q3 on recommended investment strategies. CARRIED 14. BY-LAWS A. By-law No. 2025-046 Being a provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Grewal Drain B. By-law No. 2025-048 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and the Corporation of the County of Elgin for transitioning IT services C. By-law No. Z810-2025 Being a by-law to amend By-law No. Z456-2003 – Nezezon Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT By-law No 2025-046 be read a third time and finally passed; AND THAT By-law Nos. 2025-048 and Z810-2025 be read a first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera Council Minutes July 17, 2025 9 Moved by: Councillor Emerson Seconded by: Councillor Froese THAT the Council do now rise to enter into an “In Camera” Session at 9:44 p.m. to discuss: A. Confidential Item re Advice that is subject to solicitor-client privilege, including communications necessary for that purpose; 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 of Local Board (Municipal Property) B. Personal matters about an identifiable individual; Labour relations, employee negotiations (Human Resources) CARRIED 16.2 Out of Camera Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Council do now rise from the “In Camera” Session at 10:52 and report on Confidential Item re Advice that is subject to solicitor-client privilege, including communications necessary for that purpose; 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) and Personal matters about an identifiable individual; Labour relations, employee negotiations (Human Resources). CARRIED Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Confidential Item re Advice that is subject to solicitor-client privilege, including communications necessary for that purpose; 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) be received for information. AND THAT staff proceed as directed. CARRIED Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Confidential Item re Personal matters about an identifiable individual; Labour relations, employee negotiations (Human Resources) be received for information. AND THAT staff proceed as directed. CARRIED Council Minutes July 17, 2025 10 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2025-049 Being a by-law to confirm all actions of Council Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Confirming By-law No. 2025-049 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 10:54 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, July 17, 2025 7:30 p.m. A. Proposed Zoning By-law Amendment ZBA-14/25 Countryside Communities, Vienna B. Proposed Amending By-law to Remove Holding Symbol ZBA-16/25 Nezezon & Howlett, 46 Chapel Street C. Proposed Official Plan Amendment OPA-01/25 and Proposed Zoning By-law Amendment ZBA- 17/25 Dujardin, 56149 Glen Erie Line D. Proposed Official Plan Amendment OPA-02/25 and Proposed Zoning By-law Amendment ZBA- 18/25 Vyn, 11045 Bayham Norfolk Boundary Road The July 17, 2025 Statutory Planning Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL TREASURER LORNE JAMES MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS CHIEF BUILDING OFFICIAL SCOTT SUTHERLAND FIRE CHIEF HARRY BARANIK PUBLIC ATTENDEES A: PAUL HINDE PUBLIC ATTENDEES B: N/A PUBLIC ATTENDEES C: EMILY STANLEY PUBLIC ATTENDEES D: JOHN SELDON EMILY STANLEY APPLICATION A 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:30 pm. 2 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest. 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-14/25 Countryside Communities, Vienna THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Village Residential 1 (R1(h2))’ Zone to a ‘Site Specific Village Residential (R1(h2)-XX)’ Zone to permit the development of eight (8) single detached and eight (8) semi-detached residential dwellings on the subject property as part of a Draft Plan of Subdivision, application reference 34T- BA2501; which requires the additional following provisions: • Section 10.12.X to permit a minimum Lot Area of 755m² for proposed Lot 12 of Draft Plan of Subdivision 34T-BA2501; where-as 800m² is required for Single Detached Dwellings, under Section 10.3; • Section 10.12.X to permit a minimum Lot Area of 375m² for proposed Lots 3 and 4 of Draft Plan of Subdivision 34T-BA2501; where-as 400m² is required for Interior Semi-Detached Dwellings under Section 10.3; • Section 10.12.X to permit a maximum Building Coverage of 35% for all Lots proposed within Draft Plan of Subdivision 34T-BA2501; where-as a maximum of 30% is required under Section 10.6; • Section 10.12.X to permit a maximum Building Height of 8.0 metres for all Lots proposed within Draft Plan of Subdivision 34T-BA2501; where-as a maximum of 7 metres is required under Section 10.5; • Section 10.12.X to permit a maximum Driveway Coverage of 60% for all Semi-detached Lots proposed within Draft Plan of Subdivision 34T-BA2501; where-as a maximum of 50% is required under Section 4.34.1. The subject property is located on the north side of Chestnut Street and beyond the end of the paved maintained section of Union Street. THE EFFECT of this By-law is to permit the development of eight (8) single detached and eight (8) semi-detached residential dwellings on the subject property as part of Draft Plan of Subdivision, application 34T-BA2501 and to retain the Holding Provision (h2) until such time as there is a subdivision agreement between the applicant and the Municipality. 5. PUBLIC PARTICIPATION Paul Hinde, agent, summarized the application and noted that himself and the applicant are present for any questions. 6. CORRESPONDENCE No correspondence. 3 7. OTHER BUSINESS No other business. 8. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the Zoning By-law be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application ZBA-14/25 is now complete at 7:39 p.m. CARRIED APPLICATION B 9. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:40 pm. 10. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest. 11. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING 12. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT B. Proposed Amending By-law to Remove Holding Symbol ZBA-16/25 Nezezon & Howlett, 46 Chapel Street THE PURPOSE of the By-law is to facilitate the removal of the ‘h1’ and ‘h4’ Holding Provisions on the lands legally described as Lot 15, Concession 3; Reference Plan 54 in the Village of Vienna. An area of the subject property, specifically the four (4) proposed new Lots as shown below, is to be rezoned from the ‘Holding Village Residential 1 (R1(h1/h4))’ Zone to ‘Village Residential 1 (R1)’ Zone in the Municipality of Bayham Zoning By-law Z456-2003. The retained Lot will remain Agricultural (A1). THE EFFECT of this By-law will be to satisfy the Severance Application Municipal Condition #6 that was approved for applications E 46-23 to E 49-23 inclusive on July 26th, 2023 by the County of Elgin. 13. PUBLIC PARTICIPATION The applicant was present virtually but did not make a presentation. 14. CORRESPONDENCE No correspondence. 4 15. OTHER BUSINESS No other business. 16. ADJOURNMENT Moved by: Councillor Emerson Seconded by: Councillor Froese THAT the Zoning By-law be considered by Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application ZBA-16/25 is now complete at 7:42 p.m. CARRIED APPLICATION C 17. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:43 pm. 18. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest. 19. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING 20. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT C. Proposed Official Plan Amendment OPA-01/25 and Proposed Zoning By-law Amendment ZBA-17/25 Dujardin, 56149 Glen Erie Line THE PURPOSE of this this combined Official Plan Amendment and Zoning By-law Amendment is to permit the Additional Use of Large Scale Supplementary Farm Dwellings and to rezone the subject property from ‘Agricultural (A1)’ Zone to a ‘Site Specific Agricultural (A1-XX)’ Zone to permit Additional Permitted Uses in the form of three (3) existing Supplementary Farm Dwellings and one (1) new Large Scale Supplementary Farm Dwelling on the subject property, which requires the additional following provisions: • Section 5.12.X to permit Additional Permitted Uses of a maximum of four (4) Supplementary Farm Dwellings in the form of three (3) Supplementary Farm Dwelling and one (1) Large Scale Supplementary Farm Dwelling. • Section 5.12.X to permit a Building Area for Supplementary Farm Dwellings of 302m² for the one (1) Large Scale Supplementary Farm Dwelling and a maximum total cumulative Gross Floor Area of 500m² for all four (4) Supplementary Farm Dwellings. • Section 5.12.X to permit a Minimum Front Yard Depth of 6.0m to an existing Supplementary Farm Dwelling, whereas Section 4.2 (b) requires that accessory uses shall not be built closer to 5 the front lot line than the minimum distance required for the main building on the lot, being 15.0m under Section 5.8. The subject property is located on the southeast corner of Glen Erie Line and Clarke Road. THE EFFECT of this combined Official Plan Amendment and Zoning By-law Amendment is to permit the Additional Use of Large Scale Supplementary Farm Dwelling on the subject property to provide accommodation for temporary Farm Labour. Additionally, the effect of the Zoning By-law Amendment is to legalize the location of an existing Supplementary Farm Dwelling. 21. PUBLIC PARTICIPATION Emily Stone of Nethery Planning, agent, presented a slideshow to summarize the application. 22. CORRESPONDENCE No correspondence. 23. OTHER BUSINESS No other business. 24. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT the Official Plan Amendment and Zoning By-law be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Official Plan Amendment Application OPA-01/25 and Zoning Application ZBA-17/25 is now complete at 7:55 p.m. CARRIED APPLICATION D 25. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:55 pm. 26. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest. 27. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING 28. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT 6 D. Proposed Official Plan Amendment OPA-02/25 and Proposed Zoning By-law Amendment ZBA-18/25 Vyn, 11045 Bayham Norfolk Boundary Road THE PURPOSE of this this combined Official Plan Amendment and Zoning By-law Amendment is to permit the Additional Use of Large Scale Supplementary Farm Dwellings and to rezone the subject property from ‘Agricultural (A1)’ Zone to a ‘Site Specific Agricultural (A1-XX)’ Zone to permit Additional Permitted Uses in the form of two (2) Supplementary Farm Dwellings including one (1) existing Supplementary Farm Dwelling and one (1) Supplementary Farm Dwelling in the form of a temporary mobile home to be removed and replaced in the future by one (1) new Large Scale Supplementary Farm Dwelling on the subject property, which requires the additional following provisions: • Section 5.12.X to permit Additional Permitted Uses of a maximum of two (2) Supplementary Farm Dwellings in the form of one (1) Supplementary Farm Dwelling and one (1) in the form of a temporary mobile home to be replaced in the future by one (1) Large Scale Supplementary Farm Dwelling. • Section 5.12.X to permit a Building Area for Supplementary Farm Dwellings of 550m² for the one (1) Large Scale Supplementary Farm Dwelling and a maximum total cumulative Gross Floor Area of 615m² for both Supplementary Farm Dwellings. • Section 5.12.X to permit a Minimum Front Yard Depth of 9.0m to an existing Barn and 12.0m to an existing Greenhouse (Accessory Farm Buildings), whereas Section 4.2 (b) requires that accessory uses shall not be built closer to the front lot line than the minimum distance required for the main building on the lot, being 15.0m under Section 5.8. The subject property is a corner Lot located on the west side of Bayham Norfolk Boundary Road and the north side of Vincent Line; south-east of Eden. THE EFFECT of this combined Official Plan and Zoning By-law Amendment is to permit a new Large Scale Supplementary Farm Dwelling on the subject property to provide accommodation for temporary Farm Labour. The additional effect of the Zoning By-law Amendment is to legalize the location of existing Accessory Farm Buildings. 29. PUBLIC PARTICIPATION Emily Stone of Nethery Planning, agent, presented a slideshow to summarize the application. John Seldon, resident, noted concerns with the proposal wording for upgrades in the future but not knowing when or what that entails. Agent Emily Stone noted she would follow up with the applicant and provide this further information. 30. CORRESPONDENCE No correspondence. 31. OTHER BUSINESS No other business. 32. ADJOURNMENT Moved by: Deputy Mayor Weisler 7 Seconded by: Councillor Froese THAT the Official Plan Amendment and Zoning By-law be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Official Plan Amendment Application OPA-02/25 and Zoning Application ZBA-18/25 is now complete at 8:09 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers - HYBRID Thursday, July 17, 2025 8:00 p.m. – Grewal Drain The July 17, 2025 Court of Revision Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL TREASURER LORNE JAMES MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS CHIEF BUILDING OFFICIAL SCOTT SUTHERLAND FIRE CHIEF HARRY BARANIK ENGINEER: JOHN SPRIET PUBLIC ATTENDEES: N/A 1. CALL TO ORDER Mayor Ketchabaw called the Court of Revision meeting to order at 8:00 pm. 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 A. Grewal Drain Notice of Court of Revision Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the Court of Revision is to provide an opportunity for any person or body entitled to receive Notice to appeal their assessment as per the Engineers Report. 4. STAFF PRESENTATION A. Report DR-09/25 by Steve Adams, Manager of Public Works / Drainage Superintendent re Grewal Drain Court of Revision 5. PUBLIC PARTICIPATION No public participation. 6. DISPOSITION Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Report DR-09/25 re Grewal Drain Extension Court of Revision be received for information; AND THAT the Court of Revision acknowledge that no appeals have been received with respect to the Grewal Drain Extension assessments outlined in Engineer’s Report No. 223284; AND THAT Engineer’s Report No. 223284, dated April 28, 2025, for the Grewal Drain Extension be adopted as presented; AND THAT corresponding By-law No. 2025-046 be presented to Council for a third and final reading. CARRIED 7. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Emerson THAT the Court of Revision for the Grewal Drain be adjourned at 8:14 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SPECIAL COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Wednesday, July 30, 2025 6:00 p.m. The July 30, 2025 Special Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER *via Zoom COUNCILLORS TIMOTHY EMERSON DAN FROESE *via Zoom SUSAN CHILCOTT *via Zoom STAFF PRESENT: CAO THOMAS THAYER TREASURER LORNE JAMES *via Zoom 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 6:00 pm. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. PRESENTATIONS A. Watson & Associates Economists Ltd. re Asset Management Plan – Financial Strategy Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT the Municipality of Bayham Asset Management Plan – Financial Strategy be received and amended for a 25-year time horizon to fully address the municipality’s annual lifecycle funding gap; AND THAT the Municipality of Bayham Asset Management Plan – Financial Strategy Report be finalized to incorporate the 25-year time horizon and presented to Council for endorsement; AND THAT consideration be made as part of the annual budgeting process to ensure sufficient capital funding is available to implement the Financial Strategy. CARRIED 4. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2025-050 Being a by-law to confirm all actions of Council Council Minutes July 30, 2025 2 Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Confirming By-law No. 2025-050 be read a first, second and third time and finally passed. CARRIED 5. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT the Council meeting be adjourned at 7:27 p.m. CARRIED MAYOR CLERK 1 REPORT MUNICIPAL LAW ENFORCEMENT TO: Mayor & Members of Council FROM: Mark Russell, By-law Enforcement Officer DATE: August 21, 2025 REPORT: BL-04/25 SUBJECT: 2025 BY-LAW ENFORCEMENT SERVICES MID-YEAR REPORT BACKGROUND On March 20, 2025, Council received Report BL-03/25 re 2024 By-law Enforcement Annual Report. Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report BL-03/25 re 2024 By-law Enforcement Annual Report be received for information. This Report provides a snapshot of 2025 interim by-law enforcement statistics from January 1, 2025 to June 30, 2025. DISCUSSION As part of the increased level of service, By-law Enforcement Services has continued tracking statistics related to complaints received in 2025. In addition to statistics related to complaint volumes, By-law Enforcement Services has been tracking the number of days between when a complaint has been received to initial response. Statistics have also been tracked by complaints by geographical area in Bayham. This improved statistical tracking will allow the Municipality of Bayham to make data-driven decisions related to By-law Enforcement activities going forward. By-law-Related Responses: Calls for Service The Municipality of Bayham By-law Department received 97 total complaints in the first half of 2025. This is a slight increase from the same period last year of 79 complaints. 2 The By-law Officer has been tracking the response time between the date a complaint has been received to initial response and the figures are included below. Tracking Numbers January 1 – June 30 Category 2024 2025 Number of Complaints Submitted 79 97 Investigated within 5 days 72 88 Percent Investigated within 5 days 91.14% 90.72% By-law Enforcement continues to action complaints at a high level, with greater than 90 percent of received complaints actioned within five business days. This is consistent with the same period in 2024 despite an increase in the number of complaints received 22.8 percent more complaints (97 versus 79) were received in the first half of 2025 compared to the same period in 2024. Bayham is currently on pace for one of, if not its busiest year in complaint-based by-law enforcement. By Geography In terms of geographic area, the majority of complaints are from Ward 1, with a total of 62 percent (60 of 97) of complaints from Port Burwell and Vienna. Additionally, 18 percent of complaints are from Rural Bayham with the balance from Eden, Richmond, North Hall, and Straffordville. The below graphic and related table provide a visual and numeric breakdown: 8% 37% 25% 3% 7% 0% 18% Complaints by Area January 1 to June 30, 2025 Straffordville 8 Port Burwell 36 Vienna 24 Richmond 3 Eden 7 Corinth 0 North Hall 2 Calton 0 Rural Bayham 17 3 Complaints by Location Complaints by Location 2024 Jan 1 – Jun 30th 2025 Jan 1 – Jun 30th Calton 0 0 Corinth 0 0 Eden 7 7 North Hall 0 2 Port Burwell 30 36 Richmond 1 3 Rural Bayham 10 17 Straffordville 14 8 Vienna 17 24 Total Count 79 97 The following chart is total number of complaints between January 1st to June 30th 2025. Complaints between January 1- June 30th Complaint Type 2024 2025 Animal Control 0 0 Dog – Barking 6 4 Dog Bite 0 0 Dog Other 0 0 Dog at Large 4 7 Dog – Number 2 3 Dumping 0 0 Encroachment 1 1 Livestock at Large 6 1 Lot Maintenance 19 9 Noise 7 7 Non-By-law Issue 7 7 Off – Road Vehicle 0 5 Open Burning 1 2 Other 0 1 Parking 5 24 Prohibited Animals 0 0 Property Standards 1 5 Roadside Garbage 0 0 Several By-law Issues 3 6 Signs 1 2 Swimming Pool 0 1 Zoning 16 12 Total Count 79 97 Note: These numbers in the above table, do not include the inquiries to staff which are not recorded by way of complaint such as e-mails. 4 Parking The following chart is total number of parking tickets issued between January 1st to June 30th 2025. Parking Tickets Issued January 1- June 30th Location Number of Tickets issued Calton 0 Corinth 0 Eden 1 North Hall 0 Port Burwell (Beach/Beach Zone) 183 Port Burwell (Non-Beach Zone) 9 Richmond 0 Rural Bayham 0 Straffordville 4 Vienna 1 Total Count 198 A majority of the above fines were issued between the months May to June and were located within the Beach parking area or in the Beach zone. This is consistent with increased active enforcement in support of Bayham’s ongoing paid parking pilot at the East Beach and is therefore a significant increase in the number of tickets issued from previous calendar years. RESPONSE TO COMPLAINTS For the majority of calls for service, the steps outlined in the Municipal Law Enforcement Policy are followed. The process changes if there is an inherent risk to public safety or the need for protection of property. Typically enforcement entails a first contact approach, whereby the By- law Officer advises of there has been a complaint, and provides some education with a Notice of Non-compliance. Step 1 – 1st Notice of Non-Compliance (Free) Step 2 – Either an Extension ($50) or a 2nd Notice of Non-Compliance ($150). The 2nd Notice of Non-Compliance is required when a re-inspection occurs and less than 75 percent of the work has not been completed without requesting an extension prior to the re-inspection. Step 3 – 3rd and Final Notice of Non-Compliance / Order ($200). Required at this stage if the requested work is still not completed. Step 4 - Remedial Action Remedial action happens after a final notice has not been complied with. This multi-step approach is not followed if there is an immediate safety concern. If one is present, the By-law Enforcement Officer may transition directly into an Order. Please note that this four-step process has increase voluntary compliance on difficult files and has reduced the number of visits to properties in the majority of cases. 5 CONCLUSION A significant increase has been seen in the capacity for the Municipality of Bayham to respond quickly, and work with residents, in order to achieve compliance. There has also been a significant decrease in files carried over from year to year. This is important as it has freed up capacity to address the increased volume of complaints thus far in 2025. Staff are pleased with all the accomplishments that have occurred over the first half of 2025, which include but are not limited to the following. -Presenting detailed Report on paid parking for the East Beach. -Council approval of a new Parking By-law. -Receiving approval for set fines submitted to the Ministry of Attorney General. -Creating new ticket books. -Hiring, training, and monitoring seasonal by-law staff. -Implementation of paid parking pilot using Honk mobile platform and appropriate signage. -Review of 1154 Seasonal Residential Parking Permit applications, with 1143 passes (99.04 percent) being issued. -Maintaining existing level of service for both Bayham and Malahide. STRATEGIC PLAN Not applicable. ATTACHMENTS Not applicable. RECOMMENDATION 1. THAT Report BL-04/25 re 2025 By-law Enforcement Services Mid-Year Report be received for information. Respectfully submitted: Reviewed by: Mark Russell, CMM III Thomas Thayer, CMO, AOMC By-Law Enforcement Officer Chief Administrative Officer REPORT PHYSICAL SERVICES TO: Mayor & Members of Council FROM: Steve Adams, Manager of Public Works/Drainage Superintendent DATE: August 21, 2025 REPORT: PS-08/25 SUBJECT: QUOTATION AWARD – RFQ 25-01 STRAFFORDVILLE COMMUNITY PARK STORAGE BUILDING UPGRADES BACKGROUND At its November 13, 2024 Special Capital Budget meeting, Council received Report TR-14/24 re 2025-2034 Capital Budget – Draft. Council passed the following motion in part: Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report TR-14/24 re 2025-2034 Capital Budget - Draft be received for information; AND THAT Council approve in principle the 2025-2034 Capital Budget presented with the following edits: • Reduce funding of PW-107 to 25k • Removal of WW-09 • Update FA-02 to be 30k from reserve and 30k from levy • Addition of PW-135 and PW-136 in 2025 • Amend PR-02 to remove the playground from the East Beach and replace it with a playground at the Port Burwell Memorial Park The 2025-2034 Municipality of Bayham Capital Budget includes two 2025 items for the Straffordville Community Park: • PR-07 Straffordville Pavilion - $10,000 • PR-08 Straffordville Storage Sheds - $25,000 These items were adopted in the Capital Budget as presented and are part of the general site works associated with the Straffordville Community Centre expansion project under the ICIP Community, Culture, and Recreation stream. DISCUSSION In spring 2025, staff conducted inspections and identified the following buildings in the Straffordville Community Park that under the scope of Capital Items Nos. PR-07 and PR-08: • Straffordville Pavilion The roof steel, gable siding, and fascia are all in excellent condition. No repairs are required at this time. • Straffordville Large Storage Building Signs of rot and decay were found along the drip edge, as past repairs did not include a sealed bottom edge or proper drip protection. This has resulted in sub-roof exposure to the elements. The man door has also been damaged due to vandalism and needs replacement. Additionally, the three existing sliding bay doors are recommended to be replaced with overhead doors as an optional item. • Straffordville Ball Diamond Storage Shed (Double Door) Roof inspection revealed multiple leaks caused by missing fasteners. The roof, fascia, and siding should be replaced. The current plywood doors should be upgraded to a steel overhead door. • Straffordville Ball Diamond Pitching Cage Storage Shed Similar to the above, the roof inspection revealed extensive leaks due to missing fasteners. The roof, fascia, and siding should be replaced. In accordance with the above, RFQ 01-25 was posted on July 14, 2025 and covers PR-08 only as the Pavilion is still in excellent condition and maintenance at this time is unnecessary. RFQ 25-01 was distributed to multiple contractors in the surrounding area and contains one optional item to be included in (or excluded from) the Bid Price. The RFQ closed on August 5, 2025. The results are as follows: Bidder Bid Price The Haines Group $ 27,030.00+HST Franklin Construction $ 27,534.89+HST Staff have followed up with both contractors to review their submissions, as the bids were notably competitive. Franklin Construction confirmed that their quote aligns with the requirements outlined in RFQ-25-01, including the optional item – the installation of three weather-sealed overhead doors at the storage shed, along with the construction of the bottom sill. The Haines Group, whose bid for the large storage shed was significantly lower than Franklin’s, did not include the optional overhead doors or bottom sill installation item in their pricing. Their estimator clarified that this work falls outside their company’s scope and would need to be completed by municipal staff or handled as a separate item. Municipal staff have since confirmed that the additional cost to supply and install the overhead doors through a third-party contractor would be approximately $13,000 + HST. Based upon this information, the total cost for the Haines Group quote plus additional resourcing to execute the three overhead doors and sill works is approximately $40,030+HST. The quotation from Franklin Construction covers all four items in the RFQ document at a lower aggregate price, and is the only one received within the total budgetary scope of $35,000. Staff recommend the budgeted funds for Capital Item No. PR-07 be reallocated to PR-08 for the purpose of completing outbuilding rehabilitation, and further recommend acceptance of the quotation from Franklin Construction in the amount of $27,534.89 + HST. Any leftover funds will be recommended for reserve transfer in February 2026. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not Applicable. RECOMMENDATION 1. THAT Report PS-08/25 re Quotation Award – RFQ 25-01 Straffordville Community Park Storage Building Upgrades be received for information; 2. AND THAT Council directs the $10,000 for Capital Item No. PR-07 be reallocated to PR-08; 3. AND THAT Council accepts the quotation provided by Franklin Construction in the amount of $27,534.89 + HST for repairs to the Straffordville Community Park Storage Buildings. Respectfully Submitted by: Reviewed by: Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works|Drainage Superintendent Chief Administrative Officer File No.: Municipality: Subject Land: BA-OPA 4-24 (OPA No. 39) Municipality of Bayham Part Block F N/S Creek Rd Plan 54 Designated as Parts 23 and 24 11R6158 and Part 1 11R6159; S/T LT38430 92 Edison Drive Applicant: Owner: Date of Decision: Date of Notice: Last Date of Appeal: Timothy Emreson 1498855 Ontario Inc. July 8, 2025 July 14, 2025 August 3, 2025 NOTICE OF DECISION With respect to an Official Plan Amendment Section 17(35) and 21 of the Planning Act Purpose and Effect of the Official Plan Amendment The purpose and effect of the Official Plan Amendment is to re-designate the south-western portion of the subject lands from ‘Open Space’ and ‘Hazard Lands’ to a ‘Site-Specific Commercial’ in order to permit a Micro-Distillery use with an ancillary Interpretation and Information Centre on private services within an existing building. Decision On July 8, 2025, Elgin County Council APPROVED Amendment No. 39 to the Official Plan for the Municipality of Bayham. Council considered all written and oral submissions received on this application the effect of which helped Council to make an informed decision. No modifications were made as a result of submissions received. When and How to File an Appeal Any appeal to the Ontario Land Tribunal must be filed with the County of Elgin no later than 20 days from the date of this notice as shown above as the last date of appeal. The appeal should be sent to the attention of the Manager of Planning, at the address shown below and must: (1) set out the specific part of the proposed official plan amendment to which the appeal applies; (2) set out the reasons for the request for the appeal; and, (3) be accompanied by the fee required by the Tribunal. When the Decision is Final The decision of the County of Elgin is final if a Notice of Appeal is not received on or before the last date for filing of a notice of appeal. Other Related Applications: None. Getting Additional Information Additional information about the application is available for public inspection during regular office hours at the County of Elgin at the address noted below. Who Can File an Appeal Only those persons and bodies detailed in Section 17(36) of the Planning Act may file an appeal. Only individuals, corporations or public bodies may appeal a decision of the approval authority to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. No person or public body shall be added as a party to the hearing of the appeal unless, before the plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party. Mailing Address for Filing a Notice of Appeal County of Elgin Planning Department 450 Sunset Drive St. Thomas, ON N5R 5V1 Submit notice of appeal to the attention of: Mat Vaughan Director of Planning and Development Telephone: 519-631-1460 ext.194 Email: mvaughan@elgin.ca ZBA-19/25 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: BRYAN BONNEY & DANA CADMAN LOCATION: 13540 BAYHAM DRIVE TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-19/25). AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, August 21st, 2025, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Specific Agricultural (A1-49)’ Zone to ‘Specific Agricultural (A1-X)’ Zone to permit a new accessory building containing an indoor pool, associated pool house and facilities, and an Additional Residential Unit (ARU); which requires the additional following provisions: • Section 5.12.X to permit a combined Maximum Floor Area for Accessory Buildings of 861.0m² (9,264ft²); whereas Section 5.12.49 permits an accessory building with a Maximum Floor Area of 385.4 m2 (4,148.0 ft2) on the subject lands and Section 4.2(f)(ii) permits a combined Maximum Floor Area of accessory buildings of 200m2 on lots 0.4 ha or more • Section 5.12.X to permit an Additional Residential Unit with a Maximum Gross Floor Area that is 73.4% (185.7 m2 or 1,998 ft2 in size) of the primary dwelling unit (253.1 m2 or 2,724.0 ft2 in size), whereas Section 5.12.49 permits a maximum of 57.1% (144.4 m2 or 1,553.9 ft2 in size) on the subject lands and Section 4.59(e) permits a maximum of 40% If approved, this Zoning By-law Application will repeal and replace Zoning By-law Z794-2024, approved in November 2024. The subject property is known as 13540 Bayham Drive, east side, and south of Talbot Line (Highway 3). THE EFFECT of this By-law is to permit a new accessory building that contains an indoor pool, associated pool house and facilities, and an ARU that exceeds the Maximum Floor Area requirements for Accessory Uses and Maximum Floor Area for an ARU. 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 submitted on or before 12:00 Noon on Wednesday, August 13th, 2025 to munderhill@bayham.on.ca or at the municipal office will be included in the public meeting agenda. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 25th day of July 2025. 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, Deputy Clerk/Planning Coordinator DATE: August 21, 2025 REPORT: DS-35/25 FILE NO. C-07/ D07 and D13 Roll # 3401-000-05100/05300 SUBJECT: Official Plan Amendment OPA-01/25 and Zoning Amendment ZBA-17/25 Draft By-law No. 2025-052 OPA No. 40 and Draft Zoning By-law Z812-2025 Dujardin, 56149 Glen Erie Line BACKGROUND Official Plan Amendment and Zoning By-law Amendment applications were submitted by Agent Nethery Planning on behalf of Lucien Dujardin proposing a site-specific official plan amendment and zoning by-law amendment on lands located on the southeast corner of the intersection of Glen Erie Line and Clarke Road, known municipally as 56149 Glen Erie Line. The subject property is currently designated in Schedule ‘A1’ as “Agricultural”, with a “Natural Gas Reservoir” overlay and “Hazard Lands” on the west of the lands. Per the below agency comments, however, the Long Point Region Conservation Authority (LPRCA) confirmed that the subject property is not subject to natural hazards and does not contain wetlands so is not regulated by the LPRCA. The subject property is currently zoned ‘Agricultural 1’ Zone in Schedule ‘A, Map 15’ of the Municipality of Bayham Zoning By-law No. Z456-2003. Official Plan Amendment The purpose of the Official Plan Amendment is to permit a new Large Scale Supplementary Farm Dwelling, alongside three existing Supplementary Farm Dwellings on the subject property that requires considerations to have been met as specified in Section 2.1.11 of the Official Plan. These considerations include: alternative locations for accommodations are not feasible or appropriate; there are no negative impacts from the proposed building to the surrounding community; and, that the new building be situated within proximity of the existing farm building cluster. The effect of this Official Plan Amendment will be to permit the development of a Large Scale Supplementary Farm Dwelling with a maximum gross floor area of 302m², and a total of four DS-35/25 Dujardin 2 supplementary dwellings on the subject lands, having a total gross floor area of 500m² to provide temporary accommodation for seasonal Farm Labour. Zoning Amendment The purpose of this Zoning By-law Amendment is to rezone the subject property from ‘Agricultural (A1)’ Zone to a ‘Site Specific Agricultural (A1-51)’ Zone to permit Additional Permitted Uses in the form of three existing Supplementary Farm Dwellings and one new Large Scale Supplementary Farm Dwelling on the subject property, which requires the additional following provisions:   • Section 5.12.51.2 to permit Additional Permitted Uses of a maximum of four (4) Supplementary Farm Dwellings in the form of three (3) Supplementary Farm Dwelling and one (1) Large Scale Supplementary Farm Dwelling.  • Section 5.12.51.3 to permit a Building Area for Supplementary Farm Dwellings of 302m² for the one (1) Large Scale Supplementary Farm Dwelling and a maximum total cumulative Gross Floor Area of 500m² for all four (4) Supplementary Farm Dwellings.  • Section 5.12.51.4 to permit a Minimum Front Yard Depth of 6.0m to an existing Supplementary Farm Dwelling, whereas Section 4.2 (b) requires that accessory uses shall not be built closer to the front lot line than the minimum distance required for the main building on the lot, being 15.0m under Section 5.8.  The effect of this Zoning By-law is to permit a Large Scale Supplementary Farm Dwelling, in addition to the existing three supplementary farm dwellings to provide accommodation for Seasonal Farm Workers; and additionally to legalize the setbacks of an existing Supplementary Farm Dwelling on the subject property. PUBLIC PARTICIPATION The Notice of Public Meeting was circulated as required by the Planning Act. The public meeting was held on July 17, 2025 in the Municipal Council Chambers, 56169 Heritage Line in Straffordville. Council received the Appointed Agent’s presentation and no public comments in person or virtually. DISCUSSION The applications, Planning Justification Report, and relevant reports were considered by municipal staff. The attached municipal planner’s memorandum, dated August 12, 2025, provides the details and rationale for the recommendation. Staff planning opinion is that the applications for amendments can be supported as they meet the Provincial Planning Statement (2024), Elgin County Official Plan, Bayham Official Plan, and Zoning By-law. The Official Plan Amendment requires approval by the County of Elgin and, therefore, staff recommend adopting OPA No. 40 and the approval of the Draft Zoning By-law. STRATEGIC PLAN Not applicable. DS-35/25 Dujardin 3 ATTACHMENTS 1)Official Plan Amendment Application OPA-01/252)Planning Justification Report – Nethery Planning3)Application for Amendment to the Zoning By-law ZBA-17/25 4)County of Elgin Preliminary Comments – June 26, 20255)Written Agency Correspondence •Southwestern Public Health – June 23, 2025 letter •LPRCA – July 7, 2025 email6)Arcadis Memorandum dated August 12, 20257)Draft Official Plan Amendment No. 408)Draft Zoning By-law No. Z812-2025 RECOMMENDATION THAT Report DS-35/25 regarding the Official Plan Amendment Application OPA-01/25 and Zoning By-law Amendment Application ZBA-17/25 submitted by Dujardin be received for information; AND THAT, pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held July 17, 2025 associated with these applications, the Appointed Agent presented a summary and there were no public comments received in person or virtually and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Council considers the proposed amendment to add a site-specific text section to the Official Plan to be consistent with the Provincial Planning Statement (2024), and in conformity to the Elgin County Official Plan, and the Municipality of Bayham Official Plan; AND THAT By-law No. 2025-052, being an adopting By-law for Official Plan Amendment No. 40 for the purpose of adding a new site-specific sub-section 2.1.11.5 to the Official Plan and subsequently, Zoning By-law No. Z812-2025 to rezone the subject property from the current Agricultural (A1) Zone to a Site-specific Agricultural (A1-51) Zone to permit a maximum of four (4) Supplementary Farm Dwellings in the form of three (3) Supplementary Farm Dwellings and one (1) Large Scale Supplementary Farm dwelling with a gross floor area of 302 m2, for a combined maximum gross floor area of all Supplementary Farm Dwellings of 500 m2 and to recognize an existing Supplementary Farm Dwelling Front Yard Setback of 6.0 metres on lands known municipally as 56149 Glen Erie Line be presented for enactment; AND THAT adopted Official Plan Amendment No. 40 be forwarded to the County of Elgin for approval; Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer Planning Justification Report 56149 Glen Erie Line [This page is left intentionally blank] i Table of Contents ......................................................................................................................... i List of Figures .............................................................................................................................. i 1. Introduction ......................................................................................................................... 2 2. Site & Surroundings ............................................................................................................ 2 2.1 Site Description ............................................................................................................ 2 2.2 Transportation Network ................................................................................................ 4 3. Proposal ............................................................................................................................. 5 3.1 Description of Proposal ................................................................................................ 5 3.2 Required Approvals ..................................................................................................... 6 4. Policy & Regulatory Context................................................................................................ 6 4.1 Overview ...................................................................................................................... 6 4.2 The Planning Act, R.S.O, 1990, c. P.13 ....................................................................... 6 4.3 Provincial Planning Statement (2024) .......................................................................... 7 4.4 County of Elgin Official Plan ........................................................................................11 4.5 Municipality of Bayham Official Plan ...........................................................................12 4.6 Municipality of Bayham Zoning By-Law (2022) ...........................................................17 5. Conclusion .........................................................................................................................20 Figure 1 – Street view of subject lands. Figure 2 – Aerial view of subject lands Figure 3 – Area surrounding subject lands. Figure 4 – Concept Plan Figure 5 – Official Plan of the Municipality of Bayham Schedule 'A1' Nethery Planning has prepared this Planning Justification Report (PJR) on behalf of Lucien Dujardin, the owner of the property municipally known as 56149 Glen Erie Line. The subject property is located within the Municipality of Bayham, County of Elgin. The purpose of this PJR is to demonstrate that the proposed development represents good planning and is consistent with or conforms to local and provincial planning policies. The PJR is submitted in support of applications for an Official Plan Amendment, Zoning By-law Amendment and Site Plan for County and Municipal approval. Figure 1: Street view of subject lands. Site The subject lands are municipally addressed as 56149 Glen Erie Line, located within the Municipality of Bayham. The land is situated on the south side of Glen Erie Line and the east side of Clarke Road encompassing a total area of approximately 19.617 hectares (48.47acres). The subject lands are characterized by their use as agricultural land. The land is predominantly flat and does not contain any significant natural features, as shown in Figure 1. The subject lands have a frontage of approximately 414.19 meters along Glen Erie Line and are serviced by private water and sewer facilities. The subject lands currently host farm facilities, including a greenhouse, a house, and three bunkhouses. The lands are primarily used for cultivation. Figure 2 provides an aerial view of the subject lands, including approximate measurements of the lot’s width and depth. Figure 2: Aerial view of subject lands Surroundings The subject lands are located in a predominantly rural area within the Municipality of Bayham (see Figure 3). The surrounding area is characterized by extensive agricultural uses, with a mix of farmland and forest dominating the landscape. In addition to the agricultural properties, there are some rural residential homes located on farms. North – Directly north of the subject lands lies Hemlock Creek running along the roadside. Further north, the area continues to be characterized by agricultural uses and the South Otter Creek natural areas. East – To the east of the subject lands are active agricultural fields, with scattered farm buildings. This pattern continues eastward beyond Stafford Road. South – To the south, the subject lands are bounded by additional farmland and natural features, transitioning into a more wooded landscape as it approaches Lake Erie. West – West of the subject lands are large agricultural parcels and wooded areas. Further east is the South Otter Creek, and the community of Port Burwell. Figure 3: Area surrounding subject lands. Road Network The subject land is located at the southeast corner of Glen Erie Line, a County road, and Clarke Road, a local rural road within the Municipality of Bayham. Glen Erie Line provides key east-west connectivity through southern Elgin County. To the west, Glen Erie Line connects to Plank Road, a significant north-south corridor that passes through the rural communities of Port Burwell, Vienna, Straffordville, and Eden—settlements located within Elgin County. Plank Road continues north to the Town of Tillsonburg, where it intersects with Highway 3, providing access to the broader regional transportation network. To the east, Glen Erie Line exits Elgin County and terminates at Elgin County Road 55, which serves rural areas in the neighbouring jurisdiction, Norfolk County. Glen Erie Line is currently undergoing infrastructure improvements, including a slope stabilization project, which will ensure long-term reliability along this corridor. Additionally, Elgin County Road 55 is scheduled for a surface treatment project this year, further improving road conditions in the area. The proposed development involves the construction of a fourth accessory bunkhouse on the subject farm property to accommodate up to 20 additional seasonal farm labourers (including 16 new workers and 4 being relocated from existing bunkhouses). The bunkhouse will provide safe, on-site accommodation for seasonal farm labourers, ensuring proximity to the farming operations they support and reducing the need for off-site transportation. A pre-consultation meeting was held with municipal staff on March 20, 2024, to introduce the concept and confirm the required planning applications. The proposed bunkhouse is being pursued in response to the expansion of the farming operation, particularly the significant increase in ginseng cultivation. The owner previously cultivated 210 acres of tobacco and 80 acres of ginseng but is now expanding the ginseng crop to 200 acres. As a result of this increased labour demand, the farm requires accommodation for up to 16 additional seasonal farm labourers. The proposed fourth bunkhouse will house these labourers and allow for the redistribution of four labourers currently housed in existing accommodations to improve overall living conditions and reduce overcrowding. The structure will be designed and located to minimize impacts on the agricultural productivity of the property and to protect nearby natural heritage features. A concept plan illustrating the proposed development is provided in Figure 4. Figure 4: Concept Plan To permit the proposed development, three planning applications are required: a site-specific Official Plan Amendment, a Zoning By-law Amendment, and Site Plan Approval. The Official Plan Amendment will seek to permit the establishment of an additional accessory bunkhouse use on the subject lands. The current designation of Agriculture under the Bayham Official Plan supports agricultural operations and associated uses; however, a site-specific policy amendment is required to allow for a fourth bunkhouse accommodating additional seasonal farm labourers. The amendment will maintain the Agricultural designation while specifically permitting the proposed bunkhouse as an accessory use to the principal farm operation. The Zoning By-law Amendment will seek to rezone the property from its current Agriculture (A1) zoning to a site-specific provision within the Agriculture zone, as directed by Sections 2.1.10 and 2.1.11 of the Bayham Official Plan. The amendment is proposed to permit a fourth bunkhouse as an accessory structure and to explicitly recognize a reduced front yard setback for one of the existing bunkhouses, which is located approximately 6.0 metres from the front lot line. Aside from this clarification, the proposed development will continue to comply with all applicable A1 Zone development standards, including setbacks, height, and lot coverage. A third application, Site Plan Approval, will also be required to facilitate the development. This process will allow the Municipality to review the layout of the proposed bunkhouse in detail, including its siting, access, grading, servicing, and stormwater management. The Site Plan process will ensure that the development is implemented in accordance with the approved concept plan. A detailed site plan will be submitted in support of this application. No changes are being proposed to the overall agricultural use of the property. The additional bunkhouse is intended to directly support the ongoing farming operation, consistent with the general intent of the Agricultural designation and zoning category. This section provides an overview of the relevant planning policy and regulatory framework applicable to the proposed development. It examines the applicable provisions of the Planning Act, the Provincial Planning Statement (PPS, 2024), the County of Elgin Official Plan, the Municipality of Bayham Official Plan, and the Municipality of Bayham Zoning By-law. The following subsections provide a detailed review of each applicable policy document and outline how the proposed development is consistent with or conforms to and implements their objectives. The Planning Act is provincial legislation that sets out the provisions for land use planning in Ontario and provides for a land use planning system led by provincial policy. The Planning Act promotes sustainable economic development and integrates matters of Provincial Interest into provincial and municipal planning decisions by requiring that all decisions be consistent with the Provincial Planning Statement and conform/not conflict with municipal plans. Section 2 of the Planning Act requires that an approval authority, in carrying out its responsibilities under the Act, “shall have regard to” matters of provincial interest. The relevant matters of provincial interest and the manner in which they have been taken into consideration with respect to the proposed development are as follows: (b) the protection of the agricultural resources of the Province; (c) the conservation and management of natural resources and the mineral resource base; (k) the adequate provision of employment opportunities; The regulations and direction of Section 2 of the Planning Act inform the Provincial Planning Statement, 2024 and the matters of provincial interest. The Provincial Planning Statement, 2024 is detailed in the following section of this report. It is our opinion that the proposed development has regard for matters of provincial interest. Issued under the authority of Section 3 of the Planning Act, the Provincial Planning Statement (2024) (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The new Provincial Planning Statement came into effect on October 20, 2024, replacing the Provincial Policy Statement, 2020. The PPS sets the policy foundation for regulating the development and use of land. The PPS provides for and encourages appropriate development and long-term economic prosperity while ensuring the protection of resources of provincial interest, promoting responsible development forms, ensuring public health and safety, and the quality of the natural and built environment. Furthermore, the PPS encourages the development of strong and healthy communities. The following policies support the proposed development’s Official Plan and Zoning By-law amendments: 2.5 Rural Areas in Municipalities 1. Healthy, integrated and viable rural areas should be supported by: a) building upon rural character, and leveraging rural amenities and assets; b) promoting regeneration, including the redevelopment of brownfield sites; c) accommodating an appropriate range and mix of housing in rural settlement areas; d) using rural infrastructure and public service facilities efficiently; e) promoting diversification of the economic base and employment opportunities through goods and services, including value-added products and the sustainable management or use of resources; f) providing opportunities for sustainable and diversified tourism, including leveraging historical, cultural, and natural assets; g) conserving biodiversity and considering the ecological benefits provided by nature; and h) providing opportunities for economic activities in prime agricultural areas, in accordance with policy 4.3. Response: The proposed development supports healthy, integrated, and viable rural areas by reinforcing the agricultural function of the subject property through the addition of a fourth accessory bunkhouse. This structure will provide on-site accommodation for up to 20 seasonal farm labourers, directly supporting the continued productivity and economic viability of the farming operation. The bunkhouse builds upon the rural character of the area, aligns with existing agricultural land uses, and leverages existing infrastructure. 2.6 Rural Lands in Municipalities 1. On rural lands located in municipalities, permitted uses are: a) the management or use of resources; b) resource-based recreational uses (including recreational dwellings not intended as permanent residences); c) residential development, including lot creation, where site conditions are suitable for the provision of appropriate sewage and water services; d) agricultural uses, agriculture-related uses, on-farm diversified uses and normal farm practices, in accordance with provincial standards; e) home occupations and home industries; f) cemeteries; and g) other rural land uses. 2. Development that can be sustained by rural service levels should be promoted. 3. Development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the uneconomical expansion of this infrastructure. 4. Planning authorities should support a diversified rural economy by protecting agricultural and other resource-related uses and directing non-related development to areas where it will minimize constraints on these uses. Response: The proposed development is consistent with the policies for rural lands by supporting and enhancing an existing agricultural use through the addition of an agriculture-related accessory structure. The proposed bunkhouse is directly tied to the farm’s labour needs and aligns with provincial standards for agriculture-related accommodations. The development will be sustained by existing services and will not require an uneconomical expansion of infrastructure. The project promotes the long-term viability of the rural agricultural economy by protecting and strengthening the farm’s operational capacity without introducing incompatible or non-farm- related development. 2.8 Employment 1. Planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment, institutional, and broader mixed uses to meet long-term needs; b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; c) identifying strategic sites for investment, monitoring the availability and suitability of employment sites, including market-ready sites, and seeking to address potential barriers to investment; d) encouraging intensification of employment uses and compatible, compact, mixed-use development to support the achievement of complete communities; and e) addressing land use compatibility adjacent to employment areas by providing an appropriate transition to sensitive land uses. Response: The proposed development supports economic development and competitiveness by strengthening the viability of an active agricultural operation, which is a key component of the rural employment base in the Municipality of Bayham. By providing on-site accommodation for seasonal farm labourers, the proposal ensures the farm can attract and retain necessary labour to maintain productivity. The additional bunkhouse not only accommodates the expanded workforce required due to the increase in ginseng production but also provides more livable space per labourer by redistributing four labourers from the existing bunkhouses into the new unit. The bunkhouse supports a use that is already established on the property and does not introduce any land use compatibility concerns, as it is functionally integrated with the existing farm operation and does not constrain the ability of surrounding properties to develop in accordance with their permitted uses. 4.3 Agriculture 4.3.1 General policies for Agriculture 1. Planning authorities are required to use an agricultural system approach, based on provincial guidance, to maintain and enhance a geographically continuous agricultural land base and support and foster the long-term economic prosperity and productive capacity of the agri-food network. 4.3.2 Permitted Uses 1. In prime agricultural areas, permitted uses and activities are: agricultural uses, agriculture- related uses and on-farm diversified uses based on provincial guidance. Proposed agriculture-related uses and on-farm diversified uses shall be compatible with, and shall not hinder, surrounding agricultural operations. Criteria for these uses may be based on provincial guidance or municipal approaches, as set out in municipal planning documents, which achieve the same objectives. 2. In prime agricultural areas, all types, sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. 5. Where a residential dwelling is permitted on a lot in a prime agricultural area, up to two additional residential units shall be permitted in accordance with provincial guidance, provided that, where two additional residential units are proposed, at least one of these additional residential units is located within or attached to the principal dwelling, and any additional residential units: a) comply with the minimum distance separation formulae; b) are compatible with, and would not hinder, surrounding agricultural operations; c) have appropriate sewage and water services; d) address any public health and safety concerns; e) are of limited scale and are located within, attached, or in close proximity to the principal dwelling or farm building cluster; and f) minimize land taken out of agricultural production. Lots with additional residential units may only be severed in accordance with policy 4.3.3.1.c 6. For greater certainty, the two additional residential units that are permitted on a lot in a prime agricultural area in accordance with policy 4.3.2.5 are in addition to farm worker housing permitted as an agricultural use. Response: The proposed development is consistent with the agricultural policies of the PPS, which promote the protection and enhancement of prime agricultural areas. The addition of a fourth accessory bunkhouse to house seasonal farm labourers qualifies as an agriculture-related use that is directly tied to the ongoing farm operation. This use supports the long-term economic prosperity and productive capacity of the agri-food network by ensuring that the farm has access to the labour required for production. The bunkhouse will be located within the existing farm building cluster, minimizing land consumption and maintaining the geographic continuity of the agricultural land base. As clarified under Policy 4.3.2.6, seasonal farm labourers housing is considered separate from additional residential units and is a permitted agricultural use in prime agricultural areas. As such, the proposed development is in conformity with the policies of the PPS and reflects both provincial guidance and local implementation frameworks. 4.4 Mineral and Petroleum 4.4.1 General policies for minerals and petroleum 1. Minerals and petroleum resources shall be protected for long-term use. Response: The proposed bunkhouse will be located within the existing farm building cluster and will not impact the long-term use or potential extraction of petroleum resources. No disturbance to known deposits or related infrastructure is proposed, and the development will not constrain access to or exploration of these resources. The Elgin County Official Plan was approved by the Province in October, 2013. This long-range document is based on a planning horizon for the next 20 years and addresses matters of County importance while acknowledging local planning authority and the need to provide a balanced approach to planning in the County. The following policies support the proposed development’s amendments: C2 Agricultural Area C2.1 Objectives It is the objective of this land use designation to: a) recognize agriculture as the primary activity and land use; b) maintain and preserve the agricultural resource base of the County; c) protect the County’s prime agricultural area from fragmentation, development and land uses unrelated to agriculture; d) promote normal farm practices and to protect the right to farm; e) promote a diverse, innovative and economically strong agricultural industry and associated activities by enhancing their capacity to contribute to the economy of the County; and, f) preserve and promote the agricultural character of the County and its local communities. C2.3 Permitted Uses Permitted uses in the Agricultural area designations are: a) agricultural uses; b) a single detached dwelling in conjunction with an agricultural use; c) a single detached dwelling on an existing vacant lot, subject to the policies of the lower tier Official Plan; d) accessory accommodation subject to Section C2.5; e) agriculture-related uses subject to Section C2.6; f) secondary uses subject to Section C2.7; g) farm winery subject to Section C2.8; h) forest, wildlife and fisheries management; i) watershed management and flood and erosion control projects carried out or supervised by a public agency; j) passive non-motorized recreational uses, such as nature viewing and pedestrian trail activities; k) conservation uses; and, l) temporary agricultural demonstration events such as a plowing match, subject to lower tier approvals as required. All uses in the Agricultural Area designation shall be designed, located and managed to not detract from the primary role of the Agricultural Area as set out in Section C2.1 of this Plan. C2.5 Accessory Accommodation on Farm Properties The establishment of additional accommodation on a farm for full-time or seasonal farm labour is permitted, provided it can be demonstrated that the size and nature of the operation requires additional employment and the lands are appropriately zoned and provided the local Official Plan permits this type of use. Temporary structures are the preferred method for accommodating additional farm help, which recognizes the changing nature of a farm operation. The future severance of the lands that are the site of the accessory accommodation use is not permitted. Response: The proposed development conforms to the policies of the Elgin County Official Plan for lands designated Agricultural Area. The construction of a fourth accessory bunkhouse to house seasonal farm labourers supports the objective of recognizing agriculture as the primary land use and promoting a strong and diverse agricultural economy. The proposed use is consistent with Section C2.5, which permits accessory accommodation on farm properties where the size and nature of the operation require additional labour. In this case, the need for additional labour is directly tied to the expansion of ginseng production, which has increased from 80 acres to 200 acres. This expansion, along with the ongoing cultivation of 210 acres of tobacco, necessitates additional seasonal workers to support the overall productivity of the operation. The bunkhouse is intended to support the ongoing ginseng cultivation of the existing agricultural use and will be located within the established farm building cluster to preserve the agricultural character of the property. A severance of the lands is not being proposed, and the structure will not detract from the primary role of the Agricultural Area. The proposal upholds the County’s broader objectives of protecting prime agricultural land, promoting normal farm practices, and enhancing the viability of local agri-food operations. No severance of the lands is being proposed, and the structure will not detract from the primary role of the Agricultural Area. Importantly, the proposed development will not result in the removal or conversion of any actively farmed land. The proposal upholds the County’s broader objectives of protecting prime agricultural land, promoting normal farm practices, and enhancing the viability of local agri-food operations. The Bayham Official Plan provides a long-range vision for change and development within the Municipality, establishing broad land use and development guidelines to guide future growth. The Official Plan is implemented through the Municipality’s Zoning By-law. The most recent consolidation of the Bayham Official Plan was completed on April 8, 2024. The subject lands are designated “Agriculture” with a “Natural Gas Reservoir” overlay in the Bayham Official Plan, as shown in Figure 5. The west side of the site has Hazard Lands and there is an existing petroleum well identified on the west end subject property line (Official Plan Schedule A2- Constraints). Figure 5: Official Plan of the Municipality of Bayham Schedule 'A1' The following policies of the Official Plan support the proposed amendments: 2.1 Agriculture resources 2.1.1 Land Use 2.1.1.2 All types, sizes, and intensities of agricultural uses and normal farm practices will be permitted and encouraged in the “Agriculture” designation. Agriculture-related uses and secondary uses will also be permitted in the “Agriculture” designation provided they are compatible with agricultural uses and do not contribute to land use conflicts. These uses may include surplus farm dwellings on separate lots, agricultural home occupations, and farm-related industrial and commercial uses. 2.1.10 Supplementary Farm Dwellings 2.1.10.1 The Municipality supports the erection or placement of additional dwellings on farm parcels where the size or nature of the farming operation warrants additional dwellings. Such dwellings may only be permitted by a minor variance to the Zoning By-law and may not be severed from the farm operation. Such dwellings may be temporary dwellings in the form of a mobile home or modular home; or a permanent dwelling in the form of a converted dwelling or bunkhouse. Farming operations shall refer to any parcels owned, or owned in part by an applicant. Establishment of supplementary farm dwellings will be permitted subject to the following criteria: a) Need: Sufficient information must be provided which outlines how the type, scale, and/or size of the farm operation warrant the need for a supplementary farm dwelling; b) Existing dwellings: Sufficient justification must be provided to show how any existing supplementary farm dwellings that are part of the farming operation can’t satisfy the housing needs of the farming operation; c) Location: Sufficient justification must be provided to show how the location of the supplementary farm dwelling makes efficient use of existing services and infrastructure and how the location will not impact surrounding land uses. Preference will be given to close proximity to principal farm dwellings and the use of natural landscaping to buffer temporary dwellings from surrounding land uses; d) Size and type: The supplementary farm dwelling unit is of a minimum size and type that can accommodate both health unit and building code requirements, and shall be no larger than necessary to accommodate the needs of the temporary farm help residing in the dwelling. Preference will be given to temporary dwellings, or alternatively permanent dwellings that are one storey in height with a maximum floor area of approximately 167m² e) Services: The supplementary farm dwelling must demonstrate an adequate supply of potable water and sanitary sewage disposal system to the satisfaction of the Municipality. Preference will be given to dwellings which can make use of existing services; and, f) Vehicular access: The supplementary farm dwelling must demonstrate how vehicular access will not contribute to any traffic-related hazards to the satisfaction of the appropriate road authority. Preference will be given to the use of existing driveways. The Municipality may enter into an agreement with the applicant relating to such matters as location, maintenance, buffering, removal, and period of occupancy of any dwellings, as well as any other matters deemed appropriate to ensure that the dwelling is used for its intended purpose of providing housing for farm help. 2.1.11 Large Scale Supplementary Farm Dwellings Supplementary farm dwellings that exceed the approval criteria in Section 2.1.10 may be permitted for temporary accommodation of seasonal farm labour through temporary dwellings, or a permanent dwelling subject to the following policies: 1. The owner shall apply for an Official Plan and Zoning By-law amendment to permit the farm dwelling subject to the following criteria: a) Consideration of all criteria and policies for supplementary farm dwellings permitted by a minor variance; b) Demonstration that alternative locations for the accommodation in existing farm dwellings on lots in the same farm operation, in temporary accommodation, in settlement areas and other similar accommodation are not feasible and not appropriate for the intended accommodation; c) Identification of the potential off-site impacts related to noise, lighting, traffic, maintenance and operation of the site on the surrounding community and the identification of appropriate mitigation measures; and d) A location in the Municipality where the site and building design shall provide appropriate accommodation for the health and safety of seasonal farm labourers. 2. Large scale supplementary farm dwellings shall be for the temporary accommodation of seasonal farm labour. The accommodation shall be located in proximity to the farm building cluster. The site and buildings shall be subject to agreements with the Municipality for the maintenance, buffering, removal of structures and improvement and limitations on the period of seasonal occupancy. The Municipality may enact licensing bylaws to ensure the health and safety of the occupants. 3. Notwithstanding Section 2.1.11 the existing dwelling located in Concession 2, Part Lot 14, and municipally known as 4964 and 4968 Plank Road may be used as a Large Scale Supplementary Farm Dwelling to house up to a maximum of twenty-nine (29) seasonal workers during the apple growing season being transported to and from leased farm parcels in the area, in the existing dwelling with gross floor area maximum of 305 m2. The subject lands subject to this Amendment as designated "Agriculture" may be used, developed, and zoned to permit a Large Scale Supplementary Farm Dwelling in accordance to Section 2.1.11 of the Official Plan, as amended. 4. Notwithstanding Section 2.1.11 the supplementary farm dwelling located in Concession 3, Lot 19 and 20, and municipally known as 56237 Chute Line may be used as a Large Scale Supplementary Farm Dwelling to house up to a maximum of twenty-four (24) seasonal workers during the apple growing season being transported to and from leased farm parcels in the area, in the a dwelling with gross floor area maximum of 322 square metres. 2.1.12 Additional Residential Units Agriculture Additional Residential Units may be permitted in the Agriculture Resource designation where a single detached dwelling is permitted. The Additional Residential Unit shall fulfill all the criteria for Additional Residential Units set out in Section 4.7.1. The Additional Residential Unit occupied in the Agriculture Resource designation shall not be used for seasonal farm labour as intended in the supplementary farm dwelling policies Section 2.1.10. Response: The proposed development conforms to the relevant policies set out within the Bayham Official Plan as it relates to agricultural areas and the provision of supplementary farm dwellings. The subject lands are designated “Agriculture,” which permits agriculture-related uses and supplementary accommodations that support farm operations, provided they do not conflict with surrounding land uses. In particular, Section 2.1.11 of the Plan explicitly permits Large Scale Supplementary Farm Dwellings for the temporary accommodation of seasonal farm labour, subject to a site-specific Official Plan and Zoning By-law Amendment. The proposed bunkhouse is intended to house up to 20 seasonal farm labourers in direct support of an active agricultural operation and is being pursued through the required amendment process in accordance with this policy. The proposed structure exceeds the preferred maximum floor area of 167 m² outlined under Section 2.1.10.1; however, this will be addressed as part of the site-specific amendment and justified based on operational need. The bunkhouse will be located within the existing farm building cluster to minimize land use impacts, and the site will be designed to meet all applicable health, safety, and servicing standards. The proposal meets the specific criteria outlined under Sections 2.1.10 and 2.1.11. First, demonstrated need is established by the scale of the operation and the existing presence of three bunkhouses on-site, which are no longer sufficient to accommodate the number of seasonal farm labourers required. The new bunkhouse is necessary to ensure adequate housing during peak labour periods. In addition to accommodating new workers, four migrant workers from the existing bunkhouses will also be relocated to the new structure to improve living conditions and provide more space per occupant. Second, location is addressed by situating the structure within close proximity to existing farm buildings and driveways, thereby ensuring efficient use of infrastructure, maintaining visual cohesion, and minimizing new land disturbance. Third, scale and type are appropriate: the proposed bunkhouse is a permanent, one-storey structure of modest size, consistent with the Plan’s guidance that such structures should be no larger than required to serve temporary agricultural labour needs. Fourth, the site can be adequately serviced with on-site water and septic, to the satisfaction of the Municipality. Lastly, vehicular access will be provided using existing farm driveways, avoiding any new entrances or traffic hazards. The proposal, therefore, satisfies the intent and criteria of the Bayham Official Plan and represents a well- planned extension of an established agricultural use. 6.1 Hazard Lands Designation 6.1.1.2 In the Municipality of Bayham the boundaries of the “Hazard Lands” designation have been generalized on Schedule “A2”, “B”, “C”, and “D” to follow the regulation limit determined by the Long Point Region Conservation Authority due to the absence of detailed engineered flood line mapping in the Municipality. These areas may be used for any of the uses permitted in the underlying land use designation found on the map. In all cases the location of buildings and structures for purposes other than flood or erosion control will be regulated through the provisions of the Zoning By-law after Municipal Council has consulted the Conservation Authority where applicable. 6.1.5 Setbacks and Lotlines Building setbacks will be imposed from the margins of hazard lands in relation to the kind, extent and severity of the existing and potential hazards after consultation with the Conservation Authority. 6.1.9 Development Policies 6.1.9.1 The following policies will apply for any proposed development within the “Hazard Lands” designation: a) Development within the defined portion of a dynamic beach, or in areas which will initiate or increase existing flooding hazards, erosion rates, or dynamic beach processes along areas of the Flood plain, valley walls and Lake Erie shoreline will not be permitted. b) On the Lake Erie shoreline, the approval of the Ministry of Natural Resources and Forestry will also be secured before Council gives favourable consideration to any shoreline-related development. c) Vehicular and pedestrian mobility to and from sites within the “Hazard Lands” designation must be ensured during times of emergency (i.e. flooding, erosion etc.). d) No new development of buildings or other structures will be permitted on the toe of slope if it is unstable and susceptible to erosion. Slope stabilization measures shall be undertaken in accordance with the advice of the appropriate Conservation Authority. e) No development involving institutional uses, essential emergency services, or involving the disposal, manufacture, treatment, or storage of hazardous substances will be permitted. Response: The subject lands are located within the Municipality of Bayham and fall partially within the “Hazard Lands” designation as identified in Schedule A of the Official Plan. These areas are regulated by the Long Point Region Conservation Authority (LPRCA). Although the regulation limit applies to portions of the property, the proposed bunkhouse is sited outside of any known flood or erosion hazard areas and does not require development within regulated limits. The development does not involve shoreline-related works, institutional or emergency services, nor does it propose any activities involving hazardous substances. Access for emergency vehicles is available via Glen Erie Line and Clarke Road, and no hazard-related access concerns are anticipated. As such, the proposed development conforms with Sections 6.1.2, 6.1.5, and 6.1.9 of the Official Plan and will not pose risk to life or property due to natural hazards. The Municipality of Bayham Zoning By-law regulates land use and development in accordance with the policies of the Bayham Official Plan. The Zoning By-law was originally adopted on April 15, 2002 and last updated on January 16, 2020. The most recent consolidation of the Zoning By- law was completed on October 21, 2022. Figure 4 illustrates the location and footprint of the proposed bunkhouse in relation to existing buildings and property boundaries, demonstrating conformity with applicable setback, lot coverage, and siting provisions. The subject lands are zoned Agriculture (A1) Zone. The following policies of the Zoning By-law support the proposed amendments: 4.22 Minimum setback from Arterial Roads (Streets) 4.22.1 Notwithstanding any other provision of this By-law, where a building or structure is erected adjacent to a Provincial Highway, or a County Road, and in the absence of an established building line as determined by the Ontario Ministry of Transportation, the County of Elgin or the Municipality of Bayham, as the case may be, minimum setbacks from such arterial streets or arterial roads shall be as follows: a) Provincial Highway: Varies. Subject to the review and approval of the Ministry of Transportation b) County Road: 26.0 metres from the centre line of the right-of-way 4.22.2 Notwithstanding any other provision of this By-law, a building or structure in any zone on a public road allowance which is less than 20.0 metres wide, shall be set back 10.0 metres in addition to the required minimum front yard for that zone measured from the centre line of the road allowance. 4.22.3 Any development located adjacent to a Provincial highway will be carried out in accordance with the safety and geometric requirements as well as the access and building permit controls of the Ministry of Transportation. Any proposed access to a Provincial highway will be subject to the prior approval of the Ministry of Transportation. MTO permits must be obtained prior to any construction and/or grading taking place on any lands adjacent to a Provincial Highway. 5. Agricultural (A1/A1-A) Zone Regulations 5.2 Permitted Uses No land shall be used and no buildings or structures shall be erected, used or altered in the Agricultural (A1) or Agricultural (A1-A) Zones except for the following purposes: Agri-tourism Establishment; Agricultural use; Agricultural home occupation; Bed and Breakfast Lodging or Tourist Home; Commercial greenhouse; Forestry use; Market garden operation; Farm produce outlet; Plant nursery; Home occupation; Landing strip; Riding stable; Single detached dwellings lawfully in existence as of the date of the passing of this By-law or one new single detached dwelling on a vacant lot subject to all other applicable regulations of this By- law; On-farm diversified use; Accessory use. Provision Requirement Proposed Minimum Lot Area 20.0 hectares ±19.617ha (existing) Minimum Lot Frontage 150.0m ±424.6m Minimum Lot Coverage 20% ±3.2% Maximum Building Height 20.0 metres <20m Minimum Front Yard Depth 15.0 metres ±18.5m Minimum Side Yard Width For a single-detached dwelling: 3.0 metres All other cases: 10.0 metres ±97.7m Minimum Rear Yard Depth 10.0m ±384.0m Provision Requirement Proposed Accessory Structure Front Yard (minimum) 15m ±6.0m (existing) ±62.5m (proposed) Side Yard (minimum) 1.0m ±70.0m Lot Coverage (maximum) - not including barn and greenhouses. 83.9m² 25% of main dwelling ±391m² Height (maximum) 6m <6m Response: The subject lands are zoned Agriculture (A1) in the Municipality of Bayham Zoning By-law, which permits agricultural uses and accessory uses, including on-farm accommodations that support active farming operations. While the A1 Zone supports a wide range of agricultural and farm-related uses, Sections 2.1.10 and 2.1.11 of the Bayham Official Plan direct that a Zoning By-law Amendment is required to permit large-scale supplementary farm dwellings such as the proposed fourth bunkhouse. As such, a Zoning By-law Amendment is required to introduce site- specific provisions to permit a Large Scale Supplementary Farm Dwelling as an additional accessory use. Notably, a Minor Variance was previously pursued for one of the existing bunkhouses on the property, providing important context for the evolution of the site’s development. Proposed Zoning By-law Language: The Zoning By-law amendment will be written as follows: Permitted Uses A bunkhouse accommodation up to a maximum gross floor area of 3,500 square feet is permitted. Minimum Front Yard for Accessory Structures 6.0 metres A previous Minor Variance was approved in 2017 to permit the placement of a 6.0-metre by 11.5- metre accessory bunkhouse building and recognize two existing bunkhouses constructed decades earlier. One of the existing bunkhouses on the property was previously constructed with a front yard setback of approximately 6.0 metres. While this setback was not explicitly listed as a relief item in the 2017 Minor Variance approval, the structure was recognized and approved as part of that application, including its location. To ensure clarity and eliminate any uncertainty regarding its compliance status, the current Zoning By-law Amendment will explicitly include relief to recognize a reduced front yard setback for accessory bunkhouse buildings. This approach formalizes the existing condition and ensures alignment with both past approvals and current zoning permissions. The proposed bunkhouse will be located within the existing farm building cluster and will comply with all applicable performance standards, including minimum setbacks, building height, and lot coverage regulations. The subject lands exceed the minimum lot area and frontage requirements of the A1 Zone, and the proposed development can be appropriately accommodated on the site without creating land use conflicts. In accordance with Section 4.22 of the Zoning By-law, the proposed structure will be set back a minimum of 26.0 metres from the centre line of Glen Erie Line, which is a County Road, ensuring compliance with arterial road setback requirements. While the Zoning By-law does not contain explicit provisions regulating the number of vehicles permitted on agricultural properties, it is noted that the client currently operates six work vehicles, with plans to acquire two additional vehicles in support of the expanded workforce. A site-specific provision for the Agriculture zone is proposed to recognize the bunkhouse use while also meeting the existing provisions of the zone and preserving the agricultural function and character of the property. The proposed development at 56149 Glen Erie Line represents good planning and is in the public interest for several key reasons. The development is consistent with the intent and direction of the Provincial Planning Statement (2024), which encourages diversified rural economies, supports agriculture-related uses in prime agricultural areas, and promotes appropriate development that aligns with available rural service levels. Further, the proposed bunkhouse directly supports a productive agricultural operation and is a permitted use under provincial guidance for agriculture-related accommodations. At the County and municipal levels, the proposal conforms to the Elgin County Official Plan and the Municipality of Bayham Official Plan, both of which support the provision of supplementary housing for seasonal farm labour where it is necessary to the functioning of an agricultural operation. The development meets all relevant criteria for a large-scale supplementary farm dwelling, including demonstrated need, appropriate location within the farm cluster, and the capacity to be serviced. Overall, the proposal supports the economic viability of local agriculture, provides safe and appropriate housing for essential seasonal farm labourers, and ensures that Bayham continues to uphold its role as a strong contributor to Ontario’s agri-food system. It is respectfully submitted that the proposed Official Plan and Zoning By-law Amendments represent good planning, are consistent with provincial policies and conform to County and local policies, and are in the public interest. Sincerely, Emily Stanley, BA(Hons), MA, RPP, MCIP Marcus Ruggiero, BA Senior Planner Planner 1 FROM: Diana Morris, Senior Planner DATE: June 26, 2025 SUBJECT: Request for Comments – Municipality of Bayham 56149 Glen Erie Line OPA-01/25 and ZBA-17/25 Thank you for circulating the formal submission for lands located at 56149 Glen Erie Line. Applications for an Official Plan Amendment (OPA-01/25) and Zoning By-law Amendment (ZBA-17/25) have been submitted. Elgin County staff offer the following comments: PROPOSAL: The subject lands are located on the south side of Glen Erie Line, east of Clarke Road with a total land area of approximately 19.62 ha (48.47ac). The lands currently host farm facilities and encompass a greenhouse, a house and three bunkhouses and is used for cultivation. The proposed development involves the construction of a fourth accessory bunkhouse on the subject farm property to accommodate up to 20 additional seasonal farm labourers (including 16 new workers and 4 workers being relocated from existing bunkhouses). The Local Official Plan Amendment is required to permit the establishment of an additional accessory bunkhouse use on the subject lands. Bayham Official Plan designates the lands as ‘Agriculture’ which supports agricultural operations and associated uses; however, a site-specific policy amendment is required to allow for a fourth bunkhouse accommodating additional seasonal farm labourers. The amendment will maintain the Agricultural designation while specifically permitting the proposed bunkhouse as an accessory use to the principal farm operation. County of Elgin Official Plan (CEOP, 2015) The subject lands are within the Agricultural Area. Accessory accommodations are COMMENTS: 2 permitted within this area subject to the following: C2.5 Accessory Accommodation on Farm Properties The establishment of additional accommodation on a farm for full-time or seasonal farm labour is permitted, provided it can be demonstrated that the size and nature of the operation requires additional employment and the lands are appropriately zoned and provided the local Official Plan permits this type of use. Temporary structures are the preferred method for accommodating additional farm help, which recognizes the changing nature of a farm operation. The future severance of the lands that are the site of the accessory accommodation use is not permitted. The applicant has advised in their submission that the construction of a fourth accessory bunkhouse is needed to house seasonal farm labourers due to an increase in ginseng production from 80 acres to 200 acres. This expansion along with the ongoing cultivation of 210 acres of tobacco necessitates additional seasonal workers to support the ongoing productivity of the farm operations. No severances are being proposed. Elgin County Official Plan, 2024 (NOTE: adopted by Council but not yet approved by the Province) The subject lands are within the Agricultural Area (Rural Area). Section 5.11 Farm Labour Accommodations specifies that the establishment of accommodations for farm labour is permitted in the Rural Area provided that it can be demonstrated that: a) that the size and nature of the farm operation requires additional employment; b) that it is not practical or feasible to locate the accommodations within a settlement area; c) that the visual impacts on rural character are addressed through architecture, massing, and landscaping; and d) that adequate amenity space is incorporated into the development for the occupant(s). As noted above, the applicant has advised in their submission that the proposed application(s) are required in order to house additional seasonal workers due to an increase in overall farm production from 80 acres to 200 acres. The proposal will be subject to site plan control which will address visual impacts/massing/landscaping etc. This process will ensure orderly development and 3 protection of rural character. At no time will a severance application be permitted for the subject lands. County staff are of the opinion that the proposed conforms to the policies of Elgin County Official Plan as it is in keeping with the intent of the Agricultural Area policies and have no concerns. Note that the Local Official Plan Amendment will be endorsed or not endorsed by Municipality of Bayham Council. Elgin County Council will approve or not approve the Amendment. Respectfully submitted, Diana Morris, Senior Planner www.elgincounty.ca 450 Sunset Drive, St. Thomas, ON N5R 5V1 June 23, 2025 Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville ON N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 munderhill@bayham.on.ca St. Thomas Site Administrative Office 1230 Talbot Street St. Thomas, ON N5P 1G9 Woodstock Site 410 Buller Street Woodstock, ON N4S 4N2 Dear Margaret Underhill RE: DJUARDIN OPA and ZBA for Large Scale Supplementary Farm dwelling - 56149 Glen Erie Line This letter acknowledges receipt of DJUARDIN OPA and ZBA for Large Scale Supplementary Farm dwelling - 56149 Glen Erie Line July 11, 2025, with reference to the above premises/property. Public Health reviews these applications using the best available evidence regarding land use planning, zoning, and health protection. A review of the application provides the following: ( ) 1. The application contains information that Public Health is not able to comment on. ( X ) 2. Public Health has no objection to the content of the application as it currently stands. ( ) 3. Public Health provides the attached letter for comments on the application. Please note that items marked with an “X” are applicable to this application as it currently stands. Should there be amendments to the application, please forward them to Public Health for further assessment. Sincerely, Renee McVicar Robert Northcott Public Health Inspector Health Promoter Environmental Health Built Environment and Healthy Public Policy JF, JL; am Disclaimer: These comments are provided by Southwestern Public Health (SWPH) at the request of the municipality with the decision-making power over this land use planning/zoning application. SWPH is not a decision maker on this application and its comments are made solely with regard to SWPH’s role as a public body with an interest in the potential public health impacts of this application and for no other purpose. www.swpublichealth.ca From:planning To:Marg Underhill; Thomas Thayer Subject:RE: DJUARDIN OPA and ZBA for Large Scale Supplementary Farm dwelling - 56149 Glen Erie Line Date:July 7, 2025 2:54:49 PM Attachments:image001.png CAUTION: This email originated from outside of the Municipality of Bayham email system. Please use caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. Good afternoon, The subject property is not subject to natural hazards and does not contain Wetlands. Therefore, LPRCA staff have no comments or concerns with the application. Please contact me should you have further questions in this regard. Thank you, Isabel Johnson, Resource Planner Regulations Officer Long Point Region Conservation Authority 4 Elm Street, Tillsonburg, ON. N4G 0C4 519-842-4242 ext. 229. From: Marg Underhill <MUnderhill@bayham.on.ca> Sent: June 20, 2025 1:34 PM To: Thomas Thayer <cao@bayham.on.ca>; Steve Adams <SAdams@bayham.on.ca>; Harry Baranik <HBaranik@bayham.on.ca>; Scott Sutherland <SSutherland@bayham.on.ca>; planning@elgin.ca; planning <planning@lprca.on.ca>; rmcvicar@swpublichealth.ca Cc: Jonathan Weir <JWeir@bayham.on.ca>; Leann Walsh <lwalsh@bayham.on.ca> Subject: DJUARDIN OPA and ZBA for Large Scale Supplementary Farm dwelling - 56149 Glen Erie Line All The attached OPA and ZBA applications and supporting documents are on file for review and processing. DUJARDIN is proposing accumulative large scale supplementary farm dwelling approval for seasonal workers. See the attached Notice of Complete Application summarizing the proposal. Please review and provide comments back by July 11th – the public meeting is scheduled for July 17th, Notice will follow the end of June. Regards, Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham56169 Heritage Line, PO Box 160 Straffordville ON N0J 1Y0T: 519-866-5521 Ext 2 Planning F: 519-866-3884munderhill@bayham.on.ca www.bayham.on.ca 420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0J6 www.arcadis.com Memorandum To/Attention Municipality of Bayham Date August 12th, 2025 From Jeff Henry, RPP, MCIP Project No 1002 cc Subject LUCIEN DUJARDIN (c/o Nethery Planning - Agent) Application for Official Plan and Zoning By-law Amendment (OPA-01/25 and ZBA-17/25), 56149 Glen Erie Line Background 1. Arcadis has completed the review of a combined Official Plan and Zoning By-law Amendment Application submitted by Nethery Planning, on behalf of the owner, Lucien Dujardin for the lands identified as 56149 Glen Erie Line, at south-east corner of the intersection with Clarke Road. 1. The intent of this combined Official Plan and Zoning By-law Amendment is to permit the development of a Large Scale Supplementary Farm Dwelling with a gross floor area of 302m² in addition to the three (3) existing Supplementary Farm Dwellings for a total of four Supplementary Farm Dwellings on the subject lands, having a combined gross floor area of 500m² to provide temporary accommodation for seasonal Farm Labour. Through the Zoning By-law Amendment, the deficient front yard setback of an existing Supplementary Farm Dwelling will also be legalized. 2. As described by the applicant, the intent of this proposal is to provide more temporary accommodation for seasonal farm labour. The owner currently cultivates tobacco and ginseng on the subject lands and wished to shift the primary crop to ginseng, which is a more labour-intensive crop. 3. The applicant estimates that the proposed Large Scale Supplementary Building can accommodate up to 20 persons, which will be confirmed as part of the Ontario Building Code review during the future Building Permit stage. The existing three Supplementary Farm Dwellings would continue to be used for seasonal Farm Labour. All four buildings will be on private services and use the existing gravel parking area. Subject Property and Surrounding Area 4. The subject lands are characterized as an agricultural property that is currently used for agricultural purposes, to cultivate tobacco and ginseng. There are existing farm ARCADIS MEMORANDUM Municipality of Bayham – January 28, 2025 2 related buildings, including greenhouses, three supplementary farm dwellings and storage structures on the subject lands, in a cluster to the front (north) of the property. 5. The subject lands can be described as rectangular shaped lot with an approximate lot area of 19.6 hectares (48.5 acres), an estimated lot frontage of 414 metres (1,358 feet) along Glen Erie Line, and an estimated lot depth of 520 metres (1,706 feet). The surrounding lands are agricultural in all directions, with areas of woodland to the south and west. 6. The subject property is currently designated in Schedule ‘A1’ as “Agricultural”, with a “Natural Gas Reservoir” overlay and “Hazard Lands” on the west of the lands. Per the below agency comments, however, the LPRCA confirmed that the subject property is not subject to natural hazards and does not contain wetlands so is not regulated by LPRCA. The subject property is currently zoned ‘Agricultural 1’ Zone in Schedule ‘A, Map 15’ of the Municipality of Bayham Zoning By-law Z456-2003. Public Comments 2. A statutory Public Meeting was held on July 17th, 2025. No Public comments were received in person or virtually. Peer Comments 7. The applications were circulated to all relevant parties and the following comments were received: Elgin County 8. Elgin County Senior Planner (Diana Morris) reviewed the application and made the following comments i. The proposal will be subject to site plan control which will address visual impacts/massing/landscaping etc. This process will ensure orderly development and protection of rural character. ii. At no time will a severance application be permitted for the subject lands. iii. County staff are of the opinion that the proposed conforms to the policies of Elgin County Official Plan as it is in keeping with the intent of the Agricultural Area policies and have no concerns. 9. Comment : Elgin County is supportive of the application. Southwestern Public Health 10. Public Health Inspector Renee McVicar and Health Promoter Robert Northcott reviewed the application and have no objections to the application as currently stands. 11. Comment: Southwestern Public Health has no concerns with the application. ARCADIS MEMORANDUM Municipality of Bayham – January 28, 2025 3 Municipality of Bayham Building Department 12. The Municipality of Bayham Chief Building Official reviewed the applications and gave the following comments: i. A building permit will be required for the proposed Large Scale Supplementary Farm Dwelling ii. A septic permit will be required for the proposed septic system, if the total flow is greater than 10,000 litres / day, the septic approval will be through the MOE. 13. Comment: The Building Department has no concerns with this application. Long Point Region Conservation Authority 14. LPRCA Resource Planner & Regulations Officer reviewed the application and confirmed that as the subject property is not subject to natural hazards and does not contain Wetlands, the LPRCA have no comments or concerns with the application. 15. Comment: The LPRCA have no concerns with the application. Provincial Planning Statement (2024) 16. We have reviewed this Official Plan and Zoning By-law Amendment Application in relation to the new Provincial Planning Statement (PPS), which replaced the previous PPS (2020) and Growth Plan for the Greater Golden Horseshoe. The new PPS is in-force and effect, as of October 20, 2024. 17. The PPS states its first General Policy within Agriculture is ‘to maintain and enhance a geographically continuous agricultural land base and support and foster the long- term economic prosperity and productive capacity of the agri-food network’, notably Section 4.3.2, states that proposed agriculture-related uses and on-farm diversified uses shall be compatible with, and shall not hinder, surrounding agricultural operations. Criteria for these uses may be based on provincial guidance or municipal approaches, as set out in municipal planning documents, which achieve the same objectives. 18. The PPS lists ‘housing for farm workers, when the size and nature of the operation requires additional employment’ as a use permitted within Agricultural uses. 19. Comment: It is our opinion that the proposed Official Plan and Zoning By-law Amendment to provide a Large Scale Supplementary Farm Dwelling is consistent with the policies of the PPS. It is a permitted use and will ensure accommodation is provided to seasonal farm workers, who can in turn ensure the farm operations can continue to be economically successful. 20. Further, the proposed Site Plan shows the new development will be in keeping with & located within the existing farm building cluster. ARCADIS MEMORANDUM Municipality of Bayham – January 28, 2025 4 County of Elgin Official Plan 21. The current County of Elgin Official Plan identifies the subject property as ‘Agricultural’. The objectives of this designation, as set out in Section C2.1, include ‘promoting normal farm practices and to protect the right to farm’ and to ‘promote a diverse, innovative and economically strong agricultural industry and associated activities by enhancing their capacity to contribute to the economy of the County.’ 22. Section C2.5 further provides the following for “accessory accommodations on farm properties”: The establishment of additional accommodation on a farm for fulltime or seasonal farm labour is permitted, provided it can be demonstrated that the size and nature of the operation requires additional employment and the lands are appropriately zoned and provided the local Official Plan permits this type of use. Temporary structures are the preferred method for accommodating additional farm help, which recognizes the changing nature of a farm operation. The future severance of the lands that are the site of the accessory accommodation use is not permitted. 23. Comment: It is our opinion that the proposed Official Plan and Zoning By-law Amendment to facilitate the development of a new Large Scale Supplementary Farm dwelling is in keeping with the County’s Official Plan objectives and policies. The application to amend the Municipality of Bayham Official Plan supports that additional farm labour is required at this scale. Municipality of Bayham Official Plan 24. The subject lands are designated in Schedule ‘A1’ as “Agricultural’, with an overlay of ‘Natural Gas Reservoir’ in the County’s Official Plan. 25. Specifically related to the OPA and ZBA Applications, Section 2.1.11 details Large Scale Supplementary Farm Dwellings are permitted under the following criteria: 1. a) Consideration of all criteria and policies for supplementary farm dwellings permitted by a minor variance; b) Demonstration that alternative locations for the accommodation in existing farm dwellings on lots in the same farm operation, in temporary accommodation, in settlement areas and other similar accommodation are not feasible and not appropriate for the intended accommodation; c) Identification of the potential off-site impacts related to noise, lighting, traffic, maintenance and operation of the site on the surrounding community and the identification of appropriate mitigation measures; and d) A location in the Municipality where the site and building design shall provide appropriate accommodation for the health and safety of seasonal farm labourers. 2. Large scale supplementary farm dwellings shall be for the temporary accommodation of seasonal farm labour. The accommodation shall be located ARCADIS MEMORANDUM Municipality of Bayham – January 28, 2025 5 in proximity to the farm building cluster. The site and buildings shall be subject to agreements with the Municipality for the maintenance, buffering, removal of structures and improvement and limitations on the period of seasonal occupancy. The Municipality may enact licensing bylaws to ensure the health and safety of the occupants. 26. Comment: As mentioned throughout this Memo, the subject lands are currently being cultivated for tobacco and ginseng crops. The owner would like to increase the cultivation of the Ginseng crop, which is more labour intensive, but has greater economic return. To provide safe and suitable accommodation for Seasonal Farm Labourers, who would be required to cultivate the crop, the owner wishes to build a new Large Scale Supplementary Dwelling within the existing cluster of farm buildings to the north of the property. This will be in addition to small scale Supplementary dwellings that exist on the property. Further, additional private services will be confirmed through the building permit process and the new supplementary dwelling will use the existing driveway access. 27. Based on the above, the proposed Official Plan and Zoning By-law Amendment is in conformity with the criteria listed in Section 2.1.11 of the Official Plan. Municipality of Bayham Zoning By-law 28. The subject lands are currently zoned ‘Agricultural 1 (A1)’ Zone in Schedule A, Map 15’ of the Zoning By-law, as shown in the figure below. 29. A Large Scale Supplementary Dwelling is defined under Section 2 as “a supplementary farm dwelling with a building floor area greater than 167m² or providing accommodation for ten or more persons, and shall comply with applicable ARCADIS MEMORANDUM Municipality of Bayham – January 28, 2025 6 requirements of the Ontario Building Code and the Health Unit”. Supplementary Farm Dwelling being ‘a building or structure intended for accommodating supplementary farm labour for a period not exceeding eight months. 30. A Large Scale Supplementary Farm Dwelling cannot be permitted within a Zone unless Site-Specific Official Plan and Zoning By-law Amendments have been adopted. Conclusion and Recommendations 31. Based on our review, Arcadis has no objection to the proposed Official Plan Amendment and Zoning By-Law Amendment to permit a Large Scale Supplementary Farm Dwelling with a gross floor area of 302m², within a cluster of farm buildings containing three existing supplementary farm dwellings for a maximum total gross floor area of all Supplementary Farm Dwellings of 500m². Jeff Henry Arcadis Professional Services (Canada) Inc. Jeff Henry, RPP, MCIP Consulting Planner to the Municipality of Bayham AMENDMENT NO. 40 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Lucien Dujardin 56149 Glen Erie Line The following text constitutes Amendment No. 40 to the Official Plan of the Municipality of Bayham OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2025-052, in accordance with Section 17 of the PLANNING ACT, on the 21st day of August 2025. MAYOR CLERK MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-052 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 40 to the Official Plan of the Municipality of Bayham is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make an application to the County of Elgin for approval of the aforementioned Amendment No. 40 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this 21st day of August 2025. MAYOR CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 40 1. PURPOSE The purpose of the Official Plan Amendment is to permit a new Large Scale Supplementary Farm Dwelling, alongside three existing Supplementary Farm Dwellings on the subject property. Currently, Section 2.1.11 states that Large Scale Supplementary Farm Dwellings may be permitted for temporary accommodation of seasonal farm labour subject to the policies set out in Section 2.1.11 and detailed below. 2. LOCATION The Official Plan Amendment will be applicable to lands known as Concession 1, Lot 19 and known municipally as 56149 Glen Erie Line. 3. BASIS OF THE AMENDMENT The subject lands are characterized as a farmed parcel with multiple farm accessory buildings, including three existing small scale supplementary farm dwellings. The subject lands are located at the southeast corner of the Glen Erie Line and Clarke Road intersection. The subject lands can be described as rectangular shaped lot with an approximate lot area of 19.6 hectares (48.5 acres), an estimated lot frontage of 414 metres (1,358 feet) along Glen Erie Line, and an estimated lot depth of 520 metres (1,706 feet). The subject lands are used primarily for cultivation of ginseng and tobacco. The surrounding lands are agricultural in all directions, with areas of woodland to the south and west. The Provincial Planning Statement, 2024 and the Elgin County Official Plan permits Large Scale Supplementary Farm Dwellings for the temporary accommodation of seasonal farm labour and this is further clarified within the Official Plan of the Municipality of Bayham in Section 2.1.11, where permitted under the following criteria: 1. a) Consideration of all criteria and policies for supplementary farm dwellings permitted by a minor variance; b) Demonstration that alternative locations for the accommodation in existing farm dwellings on lots in the same farm operation, in temporary accommodation, in settlement areas and other similar accommodation are not feasible and not appropriate for the intended accommodation; c) Identification of the potential off-site impacts related to noise, lighting, traffic, maintenance and operation of the site on the surrounding community and the identification of appropriate mitigation measures; and d) A location in the Municipality where the site and building design shall provide appropriate accommodation for the health and safety of seasonal farm labourers. 2. Large scale supplementary farm dwellings shall be for the temporary accommodation of seasonal farm labour. The accommodation shall be located in proximity to the farm building cluster. The site and buildings shall be subject to agreements with the Municipality for the maintenance, buffering, removal of structures and improvement and limitations on the period of seasonal occupancy. The Municipality may enact licensing bylaws to ensure the health and safety of the occupants. The application and supporting documentation has shown that the criteria above has been met and an appropriate Zoning By-law Amendment Application is being processed in conjunction with this application. The proposed new Large Scale Supplementary Farm Dwelling would be in conformity to the Official Plan. 4. DETAILS OF THE AMENDMENT a) Section 2.1.11 of the Official Plan of the Municipality of Bayham is hereby amended to add the following subsection: 2.1.11.5 Notwithstanding Section 2.1.11 the lands located in Concession 1, Lot 19, and municipally known as 56149 Glen Erie Line may be used, developed, and zoned to permit a Large Scale Supplementary Farm Dwelling in addition to the three existing Supplementary Farm Dwellings to house seasonal workers during the growing season being transported to and from leased farm parcels in the area. The proposed Large Scale Supplementary Farm building shall have a gross floor area maximum of 302m². The combined gross floor area of all Supplementary Farm Buildings, including the new Large Scale Supplementary Farm building and existing Supplementary Farm Dwellings may not exceed a maximum of 500m². THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z812-2025 DUJARDIN BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A”, Map 15 by changing the zoning symbol on the lands from “Agricultural (A1) Zone to a ‘Site Specific Agricultural (A1-51)’ Zone, which lands are outlined in heavy solid lines and marked “A1-51” on Schedule A, Map 15 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:   5.12.51.1 Defined Area   “A1-51” as shown on Schedule “A, Map 15” to this By-law.  5.12.51.2 Permitted Buildings and Structures Notwithstanding the provisions of Section 5.2, of this By-law, the following use shall be permitted: A maximum of four (4) Supplementary Farm Dwellings in the form of three (3) Supplementary Farm Dwelling and one (1) Large Scale Supplementary Farm Dwelling 5.12.51.3 Building Area for Supplementary Farm Dwellings The permitted Building Area for Supplementary Farm Dwellings shall be 302m² for the one (1) Large Scale Supplementary Farm Dwelling and a maximum total cumulative Gross Floor Area of 500m² for all four (4) Supplementary Farm Dwellings.   5.12.51.4 Minimum Front Yard Setback for Accessory Use Notwithstanding Sections 4.2 (b) and 5.8, the following shall be permitted for an existing Supplementary Farm Dwelling: A Front Yard Setback of 6.0m 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 Z812-2025 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. c) Where Official Plan Amendment No. 40 comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c.P.13, as amended. READ A FIRST TIME AND SECOND TIME THIS 21st DAY OF AUGUST, 2025. READ A THIRD TIME AND FINALLY PASSED THIS 21st DAY OF AUGUST, 2025. _____________________________ ____________________________ MAYOR CLERK Z812-2025 REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: August 21, 2025 REPORT: DS-36/25 FILE NO. C-07/ D07 and D13 Roll # 3401-000-006-09600 SUBJECT: Official Plan Amendment OPA-02/25 and Zoning Amendment ZBA-18/25 Draft By-law 2025-053 OPA No. 41 and Draft Zoning By-law Z813-2025 Vyn, 11045 Bayham Norfolk Boundary Road BACKGROUND Official Plan Amendment and Zoning By-law Amendment applications were submitted by Agent Nethery Planning on behalf of Davie and Leigh Vyn proposing a site-specific official plan amendment and zoning amendment on lands located on the west side of Bayham Norfolk Boundary Road and the north side of Vincent Line, southeast of Eden and known municipally as 11045 Bayham Norfolk Boundary Road. The subject property is currently designated in Schedule ‘A1’ as “Agricultural”, with a “Natural Gas Reservoir” overlay and “Hazard Lands” on the west of the lands. Per the below agency comments, however, the LPRCA confirmed that the development site is not within the LPRCA regulated area. The subject property is currently zoned ‘Agricultural 1’ Zone in Schedule ‘A, Map 15’ of the Municipality of Bayham Zoning By-law No. Z456-2003. Official Plan Amendment The purpose of the Official Plan Amendment is to permit a new Large Scale Supplementary Farm Dwelling to replace one temporary Supplementary Farm Dwelling in the future, alongside one existing Supplementary Farm Dwelling on the subject property, which requires considerations to have been met as specified in Section 2.1.11 of the Official Plan. These considerations include: alternative locations for accommodations are not feasible or appropriate; there are no negative impacts from the proposed building to the surrounding community; and, that the new building be situated within proximity of the existing farm building cluster. The effect of this Official Plan Amendment will be to permit the development of a Large Scale Supplementary Farm Dwelling with a maximum gross floor area of 550m², replacing one temporary Supplementary Farm Dwelling in the future, and one existing supplementary farm dwelling on the subject DS-36/25 Vyn 2 lands, having a total gross floor area of 615m² to provide temporary accommodation for seasonal Farm Labour. Zoning Amendment The purpose of this Zoning By-law Amendment is to rezone the subject property from ‘Agricultural (A1)’ Zone to a ‘Site Specific Agricultural (A1-52)’ Zone to permit the Additional Use of Large Scale Supplementary Farm Dwellings in the form of two Supplementary Farm Dwellings including one existing Supplementary Farm Dwelling and one Supplementary Farm Dwelling in the form of a temporary mobile home to be removed and replaced in the future by one new Large Scale Supplementary Farm Dwelling on the subject property, which requires the additional following provisions:  • Section 5.12.52 to permit Additional Permitted Uses of a maximum of two (2) Supplementary Farm Dwellings in the form of one (1) Supplementary Farm Dwelling and one (1) in the form of a temporary mobile home to be replaced in the future by one (1) Large Scale Supplementary Farm Dwelling.  • Section 5.12.52 to permit a Building Area for Supplementary Farm Dwellings of 550m² for the one (1) Large Scale Supplementary Farm Dwelling and a maximum total cumulative Gross Floor Area of 615m² for both Supplementary Farm Dwellings.  • Section 5.12.52 to permit a Minimum Front Yard Depth of 9.0m to an existing Barn and 12.0m to an existing Greenhouse (Accessory Farm Buildings), whereas Section 4.2 (b) requires that accessory uses shall not be built closer to the front lot line than the minimum distance required for the main building on the lot, being 15.0m under Section 5.8.  The effect of this Zoning By-law is to permit a new Large Scale Supplementary Farm Dwelling on the subject property and an increased maximum total cumulative gross floor area of all Supplementary Farm Dwellings to provide accommodation for temporary farm labour. The additional effect of the Zoning By-law Amendment is to legalize the location of existing accessory farm buildings. PUBLIC PARTICIPATION The Notice of Public Meeting was circulated as required by the Planning Act. The public meeting was held on July 17, 2025 in the Municipal Council Chambers, 56169 Heritage Line in Straffordville. Council received the Appointed Agent’s presentation and one in person public comment and no comments virtually. DISCUSSION The applications, Planning Justification Report and relevant reports were considered by municipal staff. The attached municipal planner’s memorandum, dated August 12, 2025, provides the details and rational for the recommendation. Staff planning opinion is that the applications for amendments can be supported as they meet the Provincial Planning Statement (2024), Elgin County Official Plan, Bayham Official Plan, and Zoning By-law. The Official Plan Amendment requires approval by the County of Elgin and, therefore, staff recommend adopting OPA No. 41 and the approval of the Draft Zoning By-law. STRATEGIC PLAN Not applicable. DS-36/25 Vyn 3 ATTACHMENTS 1)Official Plan Amendment Application OPA-02/252)Planning Justification Report – Nethery Planning3)Application for Amendment to the Zoning By-law ZBA-18/25 4)County of Elgin Preliminary Comments – June 26, 20255)Written Agency Correspondence •Southwestern Public Health – June 23, 2025 letter •LPRCA – July 7, 2025 email Draft Official Plan Amendment No. 416)Arcadis Memorandum dated August 12, 20257)Draft By-law 2025-053 Official Plan Amendment No. 418)Draft Zoning By-law No. Z813-2025 RECOMMENDATION THAT Report DS-36/25 regarding the Official Plan Amendment Application OPA-02/25 and Zoning By-law Amendment Application ZBA-18/25 submitted by Vyn be received for information; AND THAT, pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held July 17, 2025 associated with these applications, the Appointed Agent presented a summary and there was one in person public comment and no comments virtually and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Council considers the proposed amendment to add a site-specific text section to the Official Plan to be consistent with the Provincial Planning Statement (2024), and in conformity to the Elgin County Official Plan, and the Municipality of Bayham Official Plan; AND THAT By-law No. 2025-053, being an adopting By-law for Official Plan Amendment No. 41 for the purpose of adding a new site-specific sub-section 2.1.11.6 to the Official Plan and subsequently, Zoning By-law No. Z813-2025 to rezone the subject property from the current Agricultural (A1) Zone to a Site-specific Agricultural (A1-52) Zone to permit a maximum of two (2) Supplementary Farm Dwellings in the form of one (1) Supplementary Farm Dwelling and one (1) temporary mobile home to be replaced in the future by one (1) Large Scale Supplementary Farm Dwelling with maximum building area of 550 m2 and a maximum total cumulative gross floor area of 615 m2 for all Supplementary Farm Dwellings and to recognize the existing minimum front yard setback of 9.0 metres to the existing barn and 12.0 metres to the existing greenhouse on lands known municipally as 11045 Bayham Norfolk Boundary Road, be presented for enactment; AND THAT adopted Official Plan Amendment No. 41 be forwarded to the County of Elgin for approval. DS-36/25 Vyn 4 Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer Planning Justification Report 11045 Bayham Norfolk Boundary Road [This page is left intentionally blank] i TABLE OF CONTENTS Table of Contents ......................................................................................................................... i List of Figures .............................................................................................................................. i 1. Introduction ..........................................................................................................................2 2. Site & Surroundings .............................................................................................................2 2.1 Site Description .............................................................................................................2 2.2 Transportation Network .................................................................................................4 3. Proposal ..............................................................................................................................5 3.1 Description of Proposal .................................................................................................5 3.2 Required Approvals ......................................................................................................6 4. Policy & Regulatory Context ................................................................................................6 4.1 Overview .......................................................................................................................6 4.2 The Planning Act, R.S.O, 1990, c. P.13 ........................................................................7 4.3 Provincial Planning Statement (2024) ...........................................................................7 4.4 County of Elgin Official Plan ........................................................................................11 4.5 Municipality of Bayham Official Plan ...........................................................................13 4.6 Municipality of Bayham Zoning By-Law (2022) ...........................................................16 5. Conclusion .........................................................................................................................18 LIST OF FIGURES Figure 1 – Street view of subject lands. Figure 2 – Aerial view of subject lands Figure 3 – Area surrounding subject lands. Figure 4 – Concept Plan Figure 5 – County of Elgin Official Plan Schedule A Figure 6 - Bayham Official Plan Schedule A1 Land Use 1. INTRODUCTION Nethery Planning has prepared this Planning Justification Report (PJR) on behalf of David and Leigh Vyn, the owners of the property municipally known as 11045 Bayham Norfolk Boundary Road, within the Municipality of Bayham, County of Elgin. This PJR is submitted in support of applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval, which are being advanced to permit a Large-Scale Supplementary Farm Dwelling in the form of a mobile home to house nine seasonal farm labourers. The request reflects the operational expansion of the Vyn’s flower farm operation, which will grow from 142 acres worked in 2024 to 252 acres in 2025. The mobile home has been installed on-site and is ready to be serviced. The proposal is consistent with or conforms to local and provincial policies supporting agricultural operations and farm labour accommodation. Figure 1 illustrates the current street view of the subject lands. This report demonstrates that the proposed development constitutes good planning and aligns with the public interest. Figure 1: Street view of subject lands. 2. SITE & SURROUNDINGS 2.1 SITE DESCRIPTION Site The property is municipally addressed as 11045 Bayham Norfolk Boundary Road (the subject lands), located within the Municipality of Bayham in the County of Elgin. The subject lands are situated at the northwest corner of Bayham Norfolk Boundary Road and Vincent Line and encompasses a total area of approximately 38.18 hectares (94.34 acres). The lands are primarily used for agricultural purposes, including the cultivation of flowers, and contain several existing farm buildings including a farmhouse, two barns, and a bunkhouse. The site is generally flat and open, with some forested creek area regulated by the Long Point Region Conservation Authority (LPRCA). Private services are used for water and sewage, with a new well installed in 2024 and a new septic system planned to accommodate additional labourer housing. The subject lands benefit from direct access to a County road and is well-suited to accommodate the proposed mobile home and future bunkhouse expansion. Figure 2 provides an aerial view of the subject lands, illustrating the layout of agricultural fields, buildings, and surrounding features. Figure 2: Aerial view of subject lands Surroundings The subject lands are located in a predominantly rural area within the Municipality of Bayham. The surrounding area is characterized by extensive agricultural uses, with a mix of farmland and forest dominating the landscape, as shown in Figure 3. In addition to the agricultural properties, there are some rural residential homes located on farms. North – To the north of the subject lands lies a mix of farmland and forested areas. A tributary of the Little Otter Creek runs through the wooded area farther north, forming part of the regional natural heritage system. East – East of the subject lands, across Bayham Norfolk Boundary Road, are actively farmed agricultural parcels interspersed with patches of forest. South – The area south of the subject lands, across Vincent Line, is also characterized by large, cultivated agricultural fields, with minimal built form and no significant natural features immediately adjacent. West – To the west, the lands continue in agricultural use, with some wooded areas. The landscape maintains a rural character consistent with the broader agricultural fabric of the area. Figure 3: Area surrounding subject lands. 2.2 TRANSPORTATION NETWORK Road Network The subject lands are located at the northwest corner of Bayham Norfolk Boundary Road and Vincent Line, both of which are local roads providing access to the surrounding rural area. Vincent Line runs east-west along the southern boundary of the subject lands, while Bayham Norfolk Boundary Road runs north-south along the eastern boundary. Bayham Norfolk Boundary Road connects to Highway 19 to the north, which serves as a regional arterial route. Continuing north on Highway 19 leads to its intersection with Highway 3, providing direct access to the nearby urban centre of Tillsonburg and connecting the site to the broader transportation network. This road configuration allows for efficient and safe access to and from the farm subject lands while maintaining compatibility with the rural context of the area. 3. PROPOSAL 3.1 DESCRIPTION OF PROPOSAL The proposed development involves the placement of a new accessory mobile home on the subject lands to accommodate nine additional seasonal farm labourers. The mobile home is a CSA-A277 certified unit specifically designed for labourer accommodation, containing four bedrooms, two bathrooms, and a shared kitchen and living area. It has been professionally installed and anchored on a gravel pad and is ready for utility connections. The mobile home will supplement the existing on-site accommodations, which currently support up to nine seasonal farm labourers between the primary residence and an existing bunkhouse. The additional unit is necessary to support the ongoing expansion of the Vyn’s agricultural operation, which is growing from 142 to 252 acres under cultivation. The unit is sited in a manner that avoids disruption to active cultivation areas and maintains safe, efficient access for vehicles and farm operations. Future plans include replacing the mobile home with a permanent bunkhouse structure of approximately 550 m² to accommodate up to 24 seasonal farm labourers. A concept plan illustrating the proposed development is provided in Figure 4. Figure 4: Concept Plan Although a new barn is also being accommodated on the site and is currently under development, it is not part of this application and is referenced on the concept plan solely for contextual purposes. The property is partially regulated by the Long Point Region Conservation Authority (LPRCA); however, both the mobile home and future bunkhouse are located outside of the regulated area by approximately 24.3 metres. LPRCA staff have confirmed that while boundary updates are ongoing, the proposed structures remain outside of the regulated limit. 3.2 REQUIRED APPROVALS To permit the proposed development, three planning approvals are required; a site-specific Official Plan Amendment, a Zoning By-law Amendment, and Site Plan Approval. The Official Plan Amendment is necessary because the total floor area of on-site seasonal housing, including the proposed mobile home, exceeds 167 m², triggering the need for a Large- Scale Supplementary Farm Dwelling designation under Section 2.1.11 of the Bayham Official Plan. While the current Agricultural designation supports farm operations and related uses, a site- specific policy amendment is required to formally permit the expanded seasonal farm labourer accommodations while maintaining the Agricultural designation. The Zoning By-law Amendment will rezone the lands from Agricultural (A1) to a site-specific Agricultural zone. This amendment will permit the mobile home as an additional supplementary farm dwelling, establish site-specific provisions to recognize the proposed accommodations, and ensure compliance with applicable development standards such as setbacks and building dimensions. The Site Plan Approval process is required to confirm the siting, dimensions, and servicing of the mobile home and future bunkhouse, and to ensure that development occurs in a manner that is compatible with the ongoing agricultural use of the lands. No change is being proposed to the agricultural function of the subject lands. The additional dwelling is intended solely to support the expansion of the farm operation by providing safe and adequate on-site housing for seasonal farm labourers, in alignment with the intent of the Agricultural policies and zoning. 4. POLICY & REGULATORY CONTEXT 4.1 OVERVIEW This section provides an overview of the relevant planning policy and regulatory framework applicable to the proposed development. It examines the applicable provisions of the Planning Act, the Provincial Planning Statement (PPS, 2024), the County of Elgin Official Plan, the Municipality of Bayham Official Plan, and the Municipality of Bayham Zoning By-law. The following subsections provide a detailed review of each applicable policy document and outline how the proposed development is consistent with or conforms to and implements their objectives. 4.2 THE PLANNING ACT, R.S.O, 1990, C. P.13 The Planning Act is provincial legislation that sets out the provisions for land use planning in Ontario and provides for a land use planning system led by provincial policy. The Planning Act promotes sustainable economic development and integrates matters of Provincial Interest into provincial and municipal planning decisions by requiring that all decisions be consistent with the Provincial Planning Statement and conform/not conflict with municipal plans. Section 2 of the Planning Act requires that an approval authority, in carrying out its responsibilities under the Act, “shall have regard to” matters of provincial interest. The relevant matters of provincial interest and the manner in which they have been taken into consideration with respect to the proposed development are as follows: (b) the protection of the agricultural resources of the Province; (c) the conservation and management of natural resources and the mineral resource base; (k) the adequate provision of employment opportunities; The regulations and direction of Section 2 of the Planning Act inform the Provincial Planning Statement, 2024 and the matters of provincial interest. The Provincial Planning Statement, 2024 is detailed in the following section of this report. It is our opinion that the proposed development has regard for matters of provincial interest. 4.3 PROVINCIAL PLANNING STATEMENT (2024) Issued under the authority of Section 3 of the Planning Act, the Provincial Planning Statement (2024) (PPS) provides policy direction on provincial interest matters related to land use planning and development. The new Provincial Planning Statement came into effect on October 20, 2024, and replaces the Provincial Policy Statement, 2024. The PPS sets the policy foundation for regulating the development and use of land. The PPS provides for and encourages appropriate development and long-term economic prosperity while ensuring the protection of resources of provincial interest, promoting responsible development forms, ensuring public health and safety, and the quality of the natural and built environment. Furthermore, the PPS encourages the development of strong and healthy communities. The following policies support the proposed development’s Official Plan and Zoning By-law amendments: 2.5 Rural Areas in Municipalities 1. Healthy, integrated and viable rural areas should be supported by: a) building upon rural character, and leveraging rural amenities and assets; b) promoting regeneration, including the redevelopment of brownfield sites; c) accommodating an appropriate range and mix of housing in rural settlement areas; d) using rural infrastructure and public service facilities efficiently; e) promoting diversification of the economic base and employment opportunities through goods and services, including value-added products and the sustainable management or use of resources; f) providing opportunities for sustainable and diversified tourism, including leveraging historical, cultural, and natural assets; g) conserving biodiversity and considering the ecological benefits provided by nature; and h) providing opportunities for economic activities in prime agricultural areas, in accordance with policy 4.3. Response: The proposed development supports the viability of rural areas by directly reinforcing the agricultural function of the subject lands. The addition of a new mobile home to house nine seasonal farm labourers responds to the labour needs of an expanding farm operation, which is growing from 142 to 252 acres of active cultivation. This proposal leverages existing rural infrastructure, preserves the rural character of the area, and promotes the continued economic productivity of prime agricultural land. It enables a sustainable form of farm-related accommodation that avoids displacement of farmland while aligning with broader provincial goals of supporting rural economies and agricultural operations. 2.6 Rural Lands in Municipalities 1. On rural lands located in municipalities, permitted uses are: a) the management or use of resources; b) resource-based recreational uses (including recreational dwellings not intended as permanent residences); c) residential development, including lot creation, where site conditions are suitable for the provision of appropriate sewage and water services; d) agricultural uses, agriculture-related uses, on-farm diversified uses and normal farm practices, in accordance with provincial standards; e) home occupations and home industries; f) cemeteries; and g) other rural land uses. 2. Development that can be sustained by rural service levels should be promoted. 3. Development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the uneconomical expansion of this infrastructure. 4. Planning authorities should support a diversified rural economy by protecting agricultural and other resource-related uses and directing non-related development to areas where it will minimize constraints on these uses. Response: The proposed development is consistent with the policies for rural lands as it facilitates an agriculture-related use that supports the long-term viability of a growing farm operation. The mobile home is intended solely to house seasonal farm labourers employed and is therefore functionally integrated with the agricultural use of the land. The proposed structure is serviced by a recently installed well, with a new septic system planned, and does not necessitate any uneconomical expansion of infrastructure. The development supports the rural economy by reinforcing resource-based employment and maintains compatibility with surrounding agricultural uses, ensuring that the rural character and function of the area are preserved. 2.8 Employment 1. Planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment, institutional, and broader mixed uses to meet long-term needs; b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; c) identifying strategic sites for investment, monitoring the availability and suitability of employment sites, including market-ready sites, and seeking to address potential barriers to investment; d) encouraging intensification of employment uses and compatible, compact, mixed-use development to support the achievement of complete communities; and e) addressing land use compatibility adjacent to employment areas by providing an appropriate transition to sensitive land uses. Response: The proposed development contributes to economic development and competitiveness by supporting the labour needs of a growing agricultural enterprise, an essential component of the local rural economy. By adding on-site accommodation for seasonal farm labourers, the farm can continue to operate efficiently at an expanded scale, supporting both current productivity and long-term growth. This agriculture-related housing unit enables the farm to remain competitive and sustainable without requiring the conversion of land or resources away from employment-generating agricultural uses. The mobile home is well-integrated into the existing farm layout and does not pose compatibility concerns with surrounding land uses. 4.3 Agriculture 4.3.1 General policies for Agriculture 1. Planning authorities are required to use an agricultural system approach, based on provincial guidance, to maintain and enhance a geographically continuous agricultural land base and support and foster the long-term economic prosperity and productive capacity of the agri-food network. 4.3.2 Permitted Uses 1. In prime agricultural areas, permitted uses and activities are: agricultural uses, agriculture- related uses and on-farm diversified uses based on provincial guidance. Proposed agriculture-related uses and on-farm diversified uses shall be compatible with, and shall not hinder, surrounding agricultural operations. Criteria for these uses may be based on provincial guidance or municipal approaches, as set out in municipal planning documents, which achieve the same objectives. 2. In prime agricultural areas, all types, sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. 5. Where a residential dwelling is permitted on a lot in a prime agricultural area, up to two additional residential units shall be permitted in accordance with provincial guidance, provided that, where two additional residential units are proposed, at least one of these additional residential units is located within or attached to the principal dwelling, and any additional residential units: a) comply with the minimum distance separation formulae; b) are compatible with, and would not hinder, surrounding agricultural operations; c) have appropriate sewage and water services; d) address any public health and safety concerns; e) are of limited scale and are located within, attached, or in close proximity to the principal dwelling or farm building cluster; and f) minimize land taken out of agricultural production. Lots with additional residential units may only be severed in accordance with policy 4.3.3.1.c 6. For greater certainty, the two additional residential units that are permitted on a lot in a prime agricultural area in accordance with policy 4.3.2.5 are in addition to farm worker housing permitted as an agricultural use. Response: The proposed development aligns with the agricultural policies of the PPS, which seek to maintain and enhance the economic viability and productive capacity of prime agricultural areas. The addition of a mobile home to accommodate nine seasonal farm labourers qualifies as an agriculture-related use under the PPS, as it directly supports the operation of an expanding farm enterprise. This housing is essential to ensuring adequate labour supply for active cultivation across 252 acres of farmland. The mobile home will be located within the existing farm building cluster and sited to avoid the removal of land from agricultural production, thereby supporting the geographic continuity of the agricultural land base. In accordance with policy 4.3.2.6, housing for seasonal farm labourers is permitted in prime agricultural areas and is distinct from additional residential units. The proposed use is consistent with provincial guidance and conforms to the intent of both the PPS and the Municipality of Bayham’s local implementation of agricultural land use policies. In the future, the mobile home may be replaced with a permanent bunkhouse to accommodate up to 24 seasonal farm labourers, subject to future approvals. 4.4 Mineral and Petroleum 4.4.1 General policies for minerals and petroleum 1. Minerals and petroleum resources shall be protected for long-term use. Response: The mobile home and proposed future bunkhouse will be located within the existing farm building cluster and will not impact the long-term use or potential extraction of petroleum resources. No disturbance to known deposits or related infrastructure is proposed, and the development will not constrain access to or exploration of these resources. 4.4 COUNTY OF ELGIN OFFICIAL PLAN The Elgin County Official Plan was approved by the Province in October, 2013. This long-range document is based on a planning horizon for the next 20 years and addresses matters of County importance while acknowledging local planning authority and the need to provide a balanced approach to planning in the County. The subject lands are designated “Agriculture Area” within the County of Elgin Official Plan, as shown in Figure 5. Figure 5: County of Elgin Official Plan Schedule A The following policies support the proposed development’s amendments: C2 Agricultural Area C2.1 Objectives It is the objective of this land use designation to: a) recognize agriculture as the primary activity and land use; b) maintain and preserve the agricultural resource base of the County; c) protect the County’s prime agricultural area from fragmentation, development and land uses unrelated to agriculture; d) promote normal farm practices and to protect the right to farm; e) promote a diverse, innovative and economically strong agricultural industry and associated activities by enhancing their capacity to contribute to the economy of the County; and, f) preserve and promote the agricultural character of the County and its local communities. C2.3 Permitted Uses Permitted uses in the Agricultural area designations are: a) agricultural uses; b) a single detached dwelling in conjunction with an agricultural use; c) a single detached dwelling on an existing vacant lot, subject to the policies of the lower tier Official Plan; d) accessory accommodation subject to Section C2.5; e) agriculture-related uses subject to Section C2.6; f) secondary uses subject to Section C2.7; g) farm winery subject to Section C2.8; h) forest, wildlife and fisheries management; i) watershed management and flood and erosion control projects carried out or supervised by a public agency; j) passive non-motorized recreational uses, such as nature viewing and pedestrian trail activities; k) conservation uses; and, l) temporary agricultural demonstration events such as a plowing match, subject to lower tier approvals as required. All uses in the Agricultural Area designation shall be designed, located and managed to not detract from the primary role of the Agricultural Area as set out in Section C2.1 of this Plan. C2.5 Accessory Accommodation on Farm Properties The establishment of additional accommodation on a farm for fulltime or seasonal farm labour is permitted, provided it can be demonstrated that the size and nature of the operation requires additional employment and the lands are appropriately zoned and provided the local Official Plan permits this type of use. Temporary structures are the preferred method for accommodating additional farm help, which recognizes the changing nature of a farm operation. The future severance of the lands that are the site of the accessory accommodation use is not permitted. Response: The proposed development conforms to the policies of the Elgin County Official Plan for lands designated Agricultural Area. The addition of a mobile home to house seasonal farm labourers supports the objective of maintaining agriculture as the primary land use and promoting a diverse and economically viable agricultural industry. The proposal responds directly to the operational needs of the farm, which is expanding from 142 to 252 acres under cultivation, and demonstrates that the scale and nature of the operation require additional labour. In accordance with Section C2.5, the mobile home serves as accessory accommodation for seasonal farm labourers and represents the preferred form of temporary housing identified in the County Plan. The unit will be located within the existing farm building cluster and a severance of the lands is not proposed, ensuring that the proposal preserves the agricultural land base and rural character of the area. The development supports normal farm practices and contributes to the continued strength of the County’s agri-food economy, in keeping with the intent of the Agricultural Area policies. 4.5 MUNICIPALITY OF BAYHAM OFFICIAL PLAN The Bayham Official Plan provides a long-range vision for change and development within the Municipality, establishing broad land use and development guidelines to guide future growth. The Official Plan is implemented through the Municipality’s Zoning By-law. The most recent consolidation of the Bayham Official Plan was completed on April 8, 2024. The subject lands are designated “Agriculture” within the Bayham Official Plan, as shown on Figure 6. Figure 6: Bayham Official Plan Schedule A1 Land Use The following policies of the Official Plan support the proposed amendments: 2.1 Agriculture resources 2.1.1 Land Use 2.1.1.2 All types, sizes, and intensities of agricultural uses and normal farm practices will be permitted and encouraged in the “Agriculture” designation. Agriculture-related uses and secondary uses will also be permitted in the “Agriculture” designation provided they are compatible with agricultural uses and do not contribute to land use conflicts. These uses may include surplus farm dwellings on separate lots, agricultural home occupations, and farm-related industrial and commercial uses. 2.1.10 Supplementary Farm Dwellings 2.1.10.1 The Municipality supports the erection or placement of additional dwellings on farm parcels where the size or nature of the farming operation warrants additional dwellings. Such dwellings may only be permitted by a minor variance to the Zoning By-law and may not be severed from the farm operation. Such dwellings may be temporary dwellings in the form of a mobile home or modular home; or a permanent dwelling in the form of a converted dwelling or bunkhouse. Farming operations shall refer to any parcels owned, or owned in part by an applicant. Establishment of supplementary farm dwellings will be permitted subject to the following criteria: a) Need: Sufficient information must be provided which outlines how the type, scale, and/or size of the farm operation warrant the need for a supplementary farm dwelling; b) Existing dwellings: Sufficient justification must be provided to show how any existing supplementary farm dwellings that are part of the farming operation can’t satisfy the housing needs of the farming operation; c) Location: Sufficient justification must be provided to show how the location of the supplementary farm dwelling makes efficient use of existing services and infrastructure and how the location will not impact surrounding land uses. Preference will be given to close proximity to principal farm dwellings and the use of natural landscaping to buffer temporary dwellings from surrounding land uses; d) Size and type: The supplementary farm dwelling unit is of a minimum size and type that can accommodate both health unit and building code requirements, and shall be no larger than necessary to accommodate the needs of the temporary farm help residing in the dwelling. Preference will be given to temporary dwellings, or alternatively permanent dwellings that are one storey in height with a maximum floor area of approximately 167m² e) Services: The supplementary farm dwelling must demonstrate an adequate supply of potable water and sanitary sewage disposal system to the satisfaction of the Municipality. Preference will be given to dwellings which can make use of existing services; and, f) Vehicular access: The supplementary farm dwelling must demonstrate how vehicular access will not contribute to any traffic-related hazards to the satisfaction of the appropriate road authority. Preference will be given to the use of existing driveways. The Municipality may enter into an agreement with the applicant relating to such matters as location, maintenance, buffering, removal, and period of occupancy of any dwellings, as well as any other matters deemed appropriate to ensure that the dwelling is used for its intended purpose of providing housing for farm help. 2.1.11 Large Scale Supplementary Farm Dwellings Supplementary farm dwellings that exceed the approval criteria in Section 2.1.10 may be permitted for temporary accommodation of seasonal farm labour through temporary dwellings, or a permanent dwelling subject to the following policies: 1. The owner shall apply for an Official Plan and Zoning By-law amendment to permit the farm dwelling subject to the following criteria: a) Consideration of all criteria and policies for supplementary farm dwellings permitted by a minor variance; b) Demonstration that alternative locations for the accommodation in existing farm dwellings on lots in the same farm operation, in temporary accommodation, in settlement areas and other similar accommodation are not feasible and not appropriate for the intended accommodation; c) Identification of the potential off-site impacts related to noise, lighting, traffic, maintenance and operation of the site on the surrounding community and the identification of appropriate mitigation measures; and d) A location in the Municipality where the site and building design shall provide appropriate accommodation for the health and safety of seasonal farm labourers. 2. Large scale supplementary farm dwellings shall be for the temporary accommodation of seasonal farm labour. The accommodation shall be located in proximity to the farm building cluster. The site and buildings shall be subject to agreements with the Municipality for the maintenance, buffering, removal of structures and improvement and limitations on the period of seasonal occupancy. The Municipality may enact licensing bylaws to ensure the health and safety of the occupants. 3. Notwithstanding Section 2.1.11 the existing dwelling located in Concession 2, Part Lot 14, and municipally known as 4964 and 4968 Plank Road may be used as a Large Scale Supplementary Farm Dwelling to house up to a maximum of twenty-nine (29) seasonal workers during the apple growing season being transported to and from leased farm parcels in the area, in the existing dwelling with gross floor area maximum of 305 m2. The subject lands subject to this Amendment as designated "Agriculture" may be used, developed, and zoned to permit a Large Scale Supplementary Farm Dwelling in accordance to Section 2.1.11 of the Official Plan, as amended. 4. Notwithstanding Section 2.1.11 the supplementary farm dwelling located in Concession 3, Lot 19 and 20, and municipally known as 56237 Chute Line may be used as a Large Scale Supplementary Farm Dwelling to house up to a maximum of twenty-four (24) seasonal workers during the apple growing season being transported to and from leased farm parcels in the area, in the a dwelling with gross floor area maximum of 322 square metres. 2.1.12 Additional Residential Units Agriculture Additional Residential Units may be permitted in the Agriculture Resource designation where a single detached dwelling is permitted. The Additional Residential Unit shall fulfill all the criteria for Additional Residential Units set out in Section 4.7.1. The Additional Residential Unit occupied in the Agriculture Resource designation shall not be used for seasonal farm labour as intended in the supplementary farm dwelling policies Section 2.1.10. Response: The proposed development conforms to the policies of the Municipality of Bayham Official Plan, which support the provision of supplementary accommodation for seasonal farm labourers on agricultural lands. The subject lands are designated “Agriculture,” which permits agriculture-related uses, including Large Scale Supplementary Farm Dwellings, subject to site- specific amendments where the scale of accommodation exceeds 167 m². The proposed mobile home is intended to house nine seasonal farm labourers in direct support of the existing and expanding agricultural operation and is being advanced through the required Official Plan and Zoning By-law Amendment process, in accordance with Section 2.1.11 of the Plan. The development satisfies the criteria outlined in Sections 2.1.10 and 2.1.11. First, the need for additional housing is clearly demonstrated by the expansion of the farm operation from 142 to 252 acres under cultivation, and the insufficiency of existing on-site accommodations. Second, the location of the mobile home is within the existing farm building cluster and in proximity to hydro, gas, and a new well installed in 2024, allowing for efficient use of existing services while minimizing impacts on surrounding land uses. Third, the type and scale of the unit, a CSA-A277 certified mobile home, complies with relevant health and safety standards and is appropriately sized to accommodate nine labourers without exceeding what is necessary. Fourth, the subject lands are or will be adequately serviced through an on-site well and a new septic system to be installed under permit. Lastly, vehicular access is provided using existing driveways, avoiding new entrances and potential traffic hazards. A driveway entrance is permitted from Vincent Line, and is shown on the concept plan, however, all accesses have been designed to minimize traffic impacts and avoid hazardous conditions. A severence is not being proposed and the Site Plan Agreement with the Municipality will address buffering, servicing, removal, and seasonal occupancy. As such, the proposed development aligns with the intent of the Bayham Official Plan to support the agricultural sector while protecting the rural character and long-term viability of agricultural lands. 4.6 MUNICIPALITY OF BAYHAM ZONING BY-LAW (2022) The Municipality of Bayham Zoning By-law regulates land use and development in accordance with the policies of the Bayham Official Plan. The Zoning By-law was originally adopted on April 15, 2002 and last updated on January 16, 2020. The most recent consolidation of the Zoning By- law was completed on October 21, 2022. The subject lands are zoned Agriculture (A1) Zone. The following policies of the Zoning By-law support the proposed amendments: 4.22 Minimum setback from Arterial Roads (Streets) 4.22.1 Notwithstanding any other provision of this By-law, where a building or structure is erected adjacent to a Provincial Highway, or a County Road, and in the absence of an established building line as determined by the Ontario Ministry of Transportation, the County of Elgin or the Municipality of Bayham, as the case may be, minimum setbacks from such arterial streets or arterial roads shall be as follows: a) Provincial Highway: Varies. Subject to the review and approval of the Ministry of Transportation b) County Road: 26.0 metres from the centre line of the right-of-way 4.22.2 Notwithstanding any other provision of this By-law, a building or structure in any zone on a public road allowance which is less than 20.0 metres wide, shall be set back 10.0 metres in addition to the required minimum front yard for that zone measured from the centre line of the road allowance. 4.22.3 Any development located adjacent to a Provincial highway will be carried out in accordance with the safety and geometric requirements as well as the access and building permit controls of the Ministry of Transportation. Any proposed access to a Provincial highway will be subject to the prior approval of the Ministry of Transportation. MTO permits must be obtained prior to any construction and/or grading taking place on any lands adjacent to a Provincial Highway. 5.2 Permitted Uses No land shall be used and no buildings or structures shall be erected, used or altered in the Agricultural (A1) or Agricultural (A1-A) Zones except for the following purposes: Agri-tourism Establishment; Agricultural use; Agricultural home occupation; Bed and Breakfast Lodging or Tourist Home; Commercial greenhouse; Forestry use; Market garden operation; Farm produce outlet; Plant nursery; Home occupation; Landing strip; Riding stable; Single detached dwellings lawfully in existence as of the date of the passing of this By-law or one new single detached dwelling on a vacant lot subject to all other applicable regulations of this By- law; On-farm diversified use; Accessory use. Provision A1 Zone Requirement Proposed Minimum Lot Area 20.0 hectares ±37.921 ha Minimum Lot Frontage 150.0m ±391.7m Minimum Lot Coverage 20% ±1.2% Maximum Building Height 20.0 metres ±6.7m Minimum Front Yard Depth 15.0 metres ±17.8m Minimum Side Yard Width For a single-detached dwelling: 3.0 metres All other cases: 10.0 metres ±97.7m Minimum Rear Yard Depth 10.0m ±384.0m Accesory Structures Minimum Front Yard 15.0 metres ±9.0m (existing) ±78.4m (proposed) Minimum Side Yard 1.0 metres ±33.5m Lot Coverage (max) - not including barn and greenhouses. 37.3m² 25% of main dwelling ±113m² Maximum Height 6.0 metres <6.0m Response: The subject lands are zoned Agriculture (A1) in the Municipality of Bayham Zoning By-law, which permits a broad range of agricultural and accessory uses that support active farm operations. While the A1 Zone permits on-farm accommodation as an accessory use, the proposed mobile home exceeds the size threshold for a minor variance and constitutes a Large Scale Supplementary Farm Dwelling under the Bayham Official Plan. As such, a Zoning By-law Amendment is required to establish a site-specific A1-XX zone that permits the proposed use. The mobile home is intended to house nine seasonal seasonal farm labourers and will be situated within the established farm building cluster. It will comply with applicable performance standards, including required setbacks, lot coverage, and building height. The subject lands exceed the 20- hectare minimum lot area and 150-metre frontage required under the A1 Zone, and the proposed development can be accommodated without creating adverse land use impacts. The site also meets the 26.0-metre setback requirement from the County Road (Bayham Norfolk Boundary Road) under Section 4.22.1. Parking for the seasonal farm labourers is accommodated within the existing gravel area adjacent to the farm cluster and does not require the construction of a new dedicated parking lot. In the future, the mobile home may be replaced with a permanent one-storey bunkhouse of approximately 550 m² to accommodate up to 24 seasonal farm labourers. This will be subject to additional approvals as necessary. The site-specific provision to the Agriculture zone is proposed, which will meet existing provisions of the zone as well as recognize the mobile home as a permitted accessory structure and ensure compatibility with surrounding land uses while maintaining the agricultural function and rural character of the subject lands. Proposed Zoning By-law Language: The Zoning By-law amendment will be written as follows: Permitted Uses A bunkhouse accommodation up to a maximum gross floor area of 6,000 square feet is permitted. 5. CONCLUSION The proposed development at 11045 Bayham Norfolk Boundary Road represents good planning and is in the public interest. The development is consistent with the intent and direction of the Provincial Planning Statement (2024), which encourages the diversification of rural economies, supports agriculture-related uses in prime agricultural areas, and promotes development that is appropriate to the rural service context. The proposed mobile home directly supports a productive agricultural operation and is a permitted use under provincial guidance for agriculture-related accommodations. At both County and Municipal levels, the proposal conforms to the Elgin County Official Plan and the Municipality of Bayham Official Plan, which explicitly support the provision of supplementary housing for seasonal farm labourers when necessary to the functioning of an agricultural operation. The development satisfies all applicable criteria for a Large Scale Supplementary Farm Dwelling, including demonstrated need, appropriate siting within the existing farm building cluster, and access to adequate servicing. Overall, the proposal supports the economic viability of the local agricultural sector, provides safe and appropriate housing for essential seasonal farm labourers, and reinforces Bayham’s role in sustaining Ontario’s agri-food system. It is respectfully submitted that the proposed Official Plan and Zoning By-law Amendments represent good planning, are consistent with provincial policies and conform to the County and local policies, and are in the public interest. Sincerely, Emily Stanley, BA(Hons), MA, RPP, MCIP Marcus Ruggiero, BA Senior Planner Planner 1 FROM: Diana Morris, Senior Planner DATE: June 26, 2025 SUBJECT: Request for Comments – Municipality of Bayham 11045 Bayham Norfolk Boundary Road OPA-02/25 and ZBA-18/25 Thank you for circulating the formal submission for lands located at 11045 Bayham Norfolk Boundary Road. Applications for an Official Plan Amendment (OPA-02/25) and Zoning By- law Amendment (ZBA-18/25) have been submitted. Elgin County staff offer the following comments: PROPOSAL: The subject lands are currently being used primarily for agricultural purposes, including the cultivation of flowers, and contains several existing farm buildings including a farmhouse, two barns, and a bunkhouse. The proposal is to permit a large-scale supplementary farm dwelling in the form of a mobile home to accommodate 9 additional labourers and a future permanent bunkhouse (550sqm) (replacing the mobile home) in order to accommodate 24 seasonal farm labourers. The Local Official Plan Amendment is required to include the additional use of Large-Scale Supplementary Farm Dwellings within the Municipality of Bayham Official Plan. A site- specific policy amendment is required to permit the expanded seasonal farm accommodations for additional labourers. County of Elgin Official Plan (CEOP, 2015) The subject lands are within the Agricultural Area. Accessory accommodations are permitted within this area subject to the following: COMMENTS: 2 C2.5 Accessory Accommodation on Farm Properties The establishment of additional accommodation on a farm for full-time or seasonal farm labour is permitted, provided it can be demonstrated that the size and nature of the operation requires additional employment and the lands are appropriately zoned and provided the local Official Plan permits this type of use. Temporary structures are the preferred method for accommodating additional farm help, which recognizes the changing nature of a farm operation. The future severance of the lands that are the site of the accessory accommodation use is not permitted. The applicant has advised in their submission that the mobile home will serve as an accessory accommodation for seasonal farm labourers. The unit will be located within the existing farm building cluster and a severance of the lands is not proposed, ensuring that the proposal preserves the agricultural land base and rural character of the area. Elgin County Official Plan, 2024 (NOTE: adopted by Council but not yet approved by the Province) The subject lands are within the Agricultural Area (Rural Area). Section 5.11 Farm Labour Accommodations specifies that the establishment of accommodations for farm labour is permitted in the Rural Area provided that it can be demonstrated that: a) that the size and nature of the farm operation requires additional employment; b) that it is not practical or feasible to locate the accommodations within a settlement area; c) that the visual impacts on rural character are addressed through architecture, massing, and landscaping; and d) that adequate amenity space is incorporated into the development for the occupant(s). The applicant has advised in their submission that the proposed application(s) are required in order to respond to the operational needs of the farm which is expected to expand from 142 acres to 252 acres under cultivation which demonstrates that the nature and scale of the operation will require additional labour. The proposal will be subject to site plan control which will address visual impacts/massing/landscaping etc. This process will ensure orderly development and protection of rural character. At no time will a severance application be permitted for the subject lands. 3 County staff are of the opinion that the proposed conforms to the policies of Elgin County Official Plan as it is in keeping with the intent of the Agricultural Area policies and have no concerns. Note that the Local Official Plan Amendment will be endorsed or not endorsed by Municipality of Bayham Council. Elgin County Council will approve or not approve the Amendment. Respectfully submitted, Diana Morris, Senior Planner www.elgincounty.ca 450 Sunset Drive, St. Thomas, ON N5R 5V1 www.swpublichealth.ca St. Thomas Site Administrative Office 1230 Talbot Street St. Thomas, ON N5P 1G9 Woodstock Site 410 Buller Street Woodstock, ON N4S 4N2 June 23, 2025 Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville ON N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 munderhill@bayham.on.ca Dear; Margaret Underhill RE: 11045 Bayham Norfolk Boundary Road - VYN OPA-02/25 and ZBA-18/25 This letter acknowledges receipt of 11045 Bayham Norfolk Boundary Road - VYN OPA-02/25 and ZBA-18/25 July 11, 2025, with reference to the above premises/property. Public Health reviews these applications using the best available evidence regarding land use planning, zoning, and health protection. A review of the application provides the following: ( ) 1. The application contains information that Public Health is not able to comment on. ( X ) 2. Public Health has no objection to the content of the application as it currently stands. ( ) 3. Public Health provides the attached letter for comments on the application. Please note that items marked with an “X” are applicable to this application as it currently stands. Should there be amendments to the application, please forward them to Public Health for further assessment. Sincerely, Renee McVicar Robert Northcott Public Health Inspector Health Promoter Environmental Health Built Environment and Healthy Public Policy JF, JL; am Disclaimer: These comments are provided by Southwestern Public Health (SWPH) at the request of the municipality with the decision-making power over this land use planning/zoning application. SWPH is not a decision maker on this application and its comments are made solely with regard to SWPH’s role as a public body with an interest in the potential public health impacts of this application and for no other purpose. Municipality of Bayham July 7, 2025 56169 Heritage Line Straffordville, ON N0J 1Y0 Long Point Region Conservation Authority (LPRCA) staff have had an opportunity to review the applications Vyn OPA-02/25 & ZBA-18/25 and can provide the following comments based on LPRCA’s plan review responsibilities for the Municipality of Bayham’s consideration. It is staffs’ understanding that the submitted application will permit the construction of a bunkhouse and placement of a mobile home to house seasonal workers by amending current Official Plan and zoning designations on the property and adding site specific provisions which allow for such development. Delegated Responsibility from the Minister of Natural Resources, Chapter 5.2 of the Provincial Planning Statement, 2024 Conservation Authorities have been delegated responsibilities from the Ministry of Natural Resources to represent the provincial interests regarding natural hazards encompassed by Chapter 5.2 of the Provincial Planning Statement, 2024 (PPS). The overall intent of Chapter 5.0 - Protecting Public Health and Safety of the PPS is to reduce the potential public cost and/or risk to Ontario’s residents from natural or human-made hazards. As such, “development shall be directed away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage, and not create new or aggravate existing hazards.” The application is subject to the following subsections of Chapter 5.2 of the Provincial Planning Statement: 5.2.2 Development shall generally be directed, in accordance with guidance developed by the Province (as amended from time to time), to areas outside of: b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards. 5.2.3 Development and site alteration shall not be permitted within: c) areas that would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard. LPRCA staff can advise that the application is consistent with Sections 5.2.2 b) and 5.2.3 c) of the Provincial Planning Statement, 2024. Permitting under Ontario Regulation 41/24 The subject lands are partially regulated by Long Point Region Conservation Authority under Ontario Regulation 41/24 due to flooding and erosion hazards associated with a tributaries of Little Otter Creek. LPRCA regulates distances ranges from ~15-35 metres outward from the top of the banks of the pond and watercourses on the property. Permission from this office is required prior to any development within the regulated area as defined in the Conservation Authorities Act. Development is defined as: • the construction, reconstruction, erection or placing of a building or structure of any kind, • any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure or increasing the number of dwelling units in the building or structure, • site grading, or • the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere (Ontario Regulation 41/24) Based on the site plan provided as part of the planning application, no portion of the proposed development would fall within LPRCAs regulated area. Please feel free to reach out for any further questions related to this matter. Braedan Ristine, Resource Planner Long Point Region Conservation Authority 519-842-4242 | planning@lprca.on.ca 420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0J6 www.arcadis.com Memorandum To/Attention Municipality of Bayham Date August 12th, 2025 From Jeff Henry, RPP, MCIP Project No 1005 cc Subject David & Leigh Vyn (c/o Nethery Planning - Agent) Application for Official Plan and Zoning By-law Amendment (OPA-02/25 and ZBA-18/25), 11045 Bayham Norfolk Boundary Road Background 1. Arcadis has completed the review of a combined Official Plan and Zoning By-law Amendment Application submitted by Nethery Planning, on behalf of the owners, David and Leigh Vyn for the lands identified as 11045 Bayham Norfolk Boundary Road, on the west side of Bayham Norfolk Boundary Road and the north side of Vincent Line; south-east of Eden. 2. The intent of this combined Official Plan and Zoning By-law Amendment is to permit the development of a Large Scale Supplementary Farm Dwelling with a gross floor area of 550m² to replace one temporary Supplementary Farm Dwelling (mobile home), in addition to the one existing Supplementary Farm Dwelling with a gross floor area of 63 m2, for a total of two Supplementary Farm Dwellings on the subject lands, having a combined gross floor area of 615m² to provide temporary accommodation for seasonal Farm Labour. 3. As described by the applicant, the intent of this proposal is to provide more temporary accommodation for seasonal farm labour. The owner primarily cultivates flowers on the subject lands and wished to increase this operation from 142 acres worked in 2024 to 252 acres worked in 2025. 4. The existing Supplementary Farm Dwelling would continue to be used for seasonal Farm Labour and can accommodate nine (9) farm labourers. A temporary mobile home has been installed on the subject property to accommodate nine (9) additional farm labourers until the Large Scale Supplementary Dwelling is approved and complete. At which time, the temporary mobile home will no longer be required, and will be removed from the subject property. The applicant estimates that the proposed Large Scale Supplementary Building can accommodate up to 24 persons, which will be confirmed as part of the Ontario Building Code review during the future ARCADIS MEMORANDUM Municipality of Bayham – August 12th, 2025 2 Building Permit stage. All buildings will be / are on private services and use the existing gravel parking areas within the farm building cluster. 5. Through the Zoning By-law Amendment, legalization of the deficient front yard setbacks of two existing Farm Accessory Buildings (in the form of a Greenhouse and a Barn) is also proposed. Subject Property and Surrounding Area 6. The subject lands are characterized as an agricultural property that is currently used for agricultural purposes, to cultivate flowers. There are existing farm related buildings, including one farmhouse dwelling, greenhouses, supplementary farm dwellings, barns and storage structures on the subject lands, in a cluster to the front (south-east corner) of the property. 7. The subject lands can be described as irregular in shape with an approximate lot area of 38 hectares (94 acres), an estimated lot frontage of 391 metres (1,283 feet) along Bayham Norfolk Road. The subject lands are used primarily for cultivation of flowers. The surrounding lands are agricultural in all directions, with Little Otter Creek running through a wooded area to the north. 8. The subject property is currently designated in Schedule ‘A1’ as “Agricultural”, with a “Natural Gas Reservoir” overlay and “Hazard Lands” on the west of the lands. Per the below agency comments, however, the LPRCA confirmed that the development site is not within the LPRCA regulated area. The subject property is currently zoned ‘Agricultural 1’ Zone in Schedule ‘A, Map 15’ of the Municipality of Bayham Zoning By-law Z456-2003. Public Comments 9. A statutory Public Meeting was held on July 17th, 2025. One (1) delegate providing verbal comments from the public was received. The delegate that attended the meeting in person verbally expressed concerns regarding if a timeline had been indicated on the ‘Future’ development of the Large Scale Supplementary building. The Owner’s agent could not give a specific timeline at the time of the meeting. 10. Comment: The Official Plan and Zoning By-law Amendment concerns whether the use of Large Scale Supplementary Farm Dwelling should be permitted and at what scale. The municipality is not able to require permitted development to proceed on any particular timeline through this application; however, further discussions with the applicant can be held through the Site Plan Application review process as the Planning Act permits the municipality to include a lapsing provision not less than three years if considered desirable by the municipality. Peer Comments ARCADIS MEMORANDUM Municipality of Bayham – August 12th, 2025 3 11. The applications were circulated to all relevant parties and the following comments were received: Elgin County 12. Elgin County Senior Planner (Diana Morris) reviewed the application and made the following comments i. The proposal will be subject to site plan control which will address visual impacts/massing/landscaping etc. This process will ensure orderly development and protection of rural character. ii. At no time will a severance application be permitted for the subject lands. iii. County staff are of the opinion that the proposed conforms to the policies of Elgin County Official Plan as it is in keeping with the intent of the Agricultural Area policies and have no concerns. 13. Comment : Elgin County is supportive of the application. Southwestern Public Health 14. Public Health Inspector Renee McVicar and Health Promoter Robert Northcott reviewed the application and have no objections to the application as currently stands. 15. Comment: Southwestern Public Health has no concerns with the application. Municipality of Bayham Building Department 16. The Municipality of Bayham Chief Building Official reviewed the applications and gave the following comments: i. Should the existing Farm House be used to accommodate seasonal farm labourers, the OBC would only allow for a maximum of four (4) workers without the need for additional renovations to comply with OBC regulations for five (5) or more persons; ii. Confirmation that an existing trailer behind the farm house will / has been removed; iii. The proposed new access to Vincent Line requires a Permit; iv. A building permit is required for the Temporary Supplementary Farm Dwelling; v. A building permit will be required for the proposed Large Scale Supplementary Farm Dwelling; vi. A septic permit will be required for the temporary dwelling and the Large Scale Supplementary Farm Dwelling; if the total flow is greater than 10,000 litres / day, the septic approval will be through the MOE. 17. Comment: The Building Department has some concerns with this application. Comments i), iv) to vi) will be dealt with at the Building Permit stage of the propose development. Comment ii) The total gross floor area permitted under the proposed Zoning By-Law Site Specific Regulation A1-53 will state the total gross floor area permitted legally on the subject site, including the portion allocated for the Large Scale Supplementary Farm Dwelling. Exceeding this gross floor area would be contrary to ARCADIS MEMORANDUM Municipality of Bayham – August 12th, 2025 4 the Zoning By-Law. Confirmation that the existing trailer behind the farm house has been removed can be confirmed through the Site Plan Application and, if not removed, such removal included as part of the conditions of Site Plan Approval through a development agreement. Comment iii) Should the proposed access be required, a Permit will be needed, which can be considered as a condition of Site Plan Approval. Municipality of Bayham Fire Department 18. Should the existing Farm House be used to accommodate ten (10) or more persons, fire alarms and other safety precautions (such as fire extinguishers and CO2 detectors) are required. Long Point Region Conservation Authority 19. LPRCA Resource Planner reviewed the application and confirmed that the application is consistent with the Provincial Planning Statement, 2024. 20. Although part of the subject property is regulated by the LPRCA, as no portion of the proposed development falls within lands regulated by the LPRCA, a Permit will not be required. 21. Comment: The LPRCA have no concerns with the application. Provincial Planning Statement (2024) 22. We have reviewed this Official Plan and Zoning By-law Amendment Application in relation to the new Provincial Planning Statement (PPS), which replaced the previous PPS (2020) and Growth Plan for the Greater Golden Horseshoe. The new PPS is in-force and effect, as of October 20, 2024. 23. The PPS states its first General Policy within Agriculture is ‘to maintain and enhance a geographically continuous agricultural land base and support and foster the long-term economic prosperity and productive capacity of the agri-food network’, notably Section 4.3.2, states that proposed agriculture-related uses and on-farm diversified uses shall be compatible with, and shall not hinder, surrounding agricultural operations. Criteria for these uses may be based on provincial guidance or municipal approaches, as set out in municipal planning documents, which achieve the same objectives. 24. The PPS lists ‘housing for farm workers, when the size and nature of the operation requires additional employment’ as a use permitted within Agricultural uses. 25. Comment: It is our opinion that the proposed Official Plan and Zoning By-law Amendment to provide a Large Scale Supplementary Farm Dwelling is consistent with the policies of the PPS. It is a permitted use and will ensure accommodation is provided to seasonal farm workers, who can in turn ensure the farm operations can continue to be economically successful. ARCADIS MEMORANDUM Municipality of Bayham – August 12th, 2025 5 26. Further, the proposed Site Plan shows the new development will be in keeping with & located within the existing farm building cluster. County of Elgin Official Plan 27. The current County of Elgin Official Plan identifies the subject property as ‘Agricultural’. The objectives of this designation, as set out in Section C2.1, include ‘promoting normal farm practices and to protect the right to farm’ and to ‘promote a diverse, innovative and economically strong agricultural industry and associated activities by enhancing their capacity to contribute to the economy of the County.’ 28. Section C2.5 further provides the following for “accessory accommodations on farm properties”: The establishment of additional accommodation on a farm for fulltime or seasonal farm labour is permitted, provided it can be demonstrated that the size and nature of the operation requires additional employment and the lands are appropriately zoned and provided the local Official Plan permits this type of use. Temporary structures are the preferred method for accommodating additional farm help, which recognizes the changing nature of a farm operation. The future severance of the lands that are the site of the accessory accommodation use is not permitted. 29. Comment: It is our opinion that the proposed Official Plan and Zoning By-law Amendment to facilitate the development of a new Large Scale Supplementary Farm dwelling is in keeping with the County’s Official Plan objectives and policies. The application to amend the Municipality of Bayham Official Plan supports that additional farm labour is required at this scale. Municipality of Bayham Official Plan 30. The subject lands are designated in Schedule ‘A1’ as “Agricultural’, with a ‘Natural Gas Reservoir’ overlay in the County’s Official Plan. 31. Specifically related to the OPA and ZBA Applications, Section 2.1.11 details Large Scale Supplementary Farm Dwellings are permitted under the following criteria: 1. a) Consideration of all criteria and policies for supplementary farm dwellings permitted by a minor variance; b) Demonstration that alternative locations for the accommodation in existing farm dwellings on lots in the same farm operation, in temporary accommodation, in settlement areas and other similar accommodation are not feasible and not appropriate for the intended accommodation; c) Identification of the potential off-site impacts related to noise, lighting, traffic, maintenance and operation of the site on the surrounding community and the identification of appropriate mitigation measures; and ARCADIS MEMORANDUM Municipality of Bayham – August 12th, 2025 6 d) A location in the Municipality where the site and building design shall provide appropriate accommodation for the health and safety of seasonal farm labourers. 2. Large scale supplementary farm dwellings shall be for the temporary accommodation of seasonal farm labour. The accommodation shall be located in proximity to the farm building cluster. The site and buildings shall be subject to agreements with the Municipality for the maintenance, buffering, removal of structures and improvement and limitations on the period of seasonal occupancy. The Municipality may enact licensing bylaws to ensure the health and safety of the occupants. 32. Comment: As mentioned earlier, the subject lands are currently being cultivated for flowers. The owner would like to expand the cultivation from 142 acres worked in 2024 to 252 acres worked in 2025 and provide safe and suitable accommodation for the additional number of Seasonal Farm Labourers, who would be required to cultivate the increased crop. The owner wishes to provide a temporary Supplementary Farm Dwelling to house some of the workers while a new Large Scale Supplementary Farm Dwelling is built within the existing cluster of farm buildings to the north of the property. This will be in addition to small scale Supplementary dwelling that exists on the property. The location and dimension of the Large Scale Supplementary Farm Dwelling will be confirmed through the Site Plan process. Further, additional private services will be confirmed through the building permit process and the new supplementary dwelling will use the existing driveway access. 33. Based on the above, the proposed Official Plan and Zoning By-law Amendment is in conformity with the criteria listed in Section 2.1.11 of the Official Plan. Municipality of Bayham Zoning By-law 34. The subject lands are currently zoned ‘Agricultural 1 (A1)’ Zone in Schedule A, Map 6’ of the Zoning By-law, as shown in the figure below. ARCADIS MEMORANDUM Municipality of Bayham – August 12th, 2025 7 35. A Large Scale Supplementary Dwelling is defined under Section 2 as “a supplementary farm dwelling with a building floor area greater than 167m² or providing accommodation for ten or more persons, and shall comply with applicable requirements of the Ontario Building Code and the Health Unit”. Supplementary Farm Dwelling being ‘a building or structure intended for accommodating supplementary farm labour for a period not exceeding eight months. 36. A Large Scale Supplementary Farm Dwelling cannot be permitted within a Zone unless Site-Specific Official Plan and Zoning By-law Amendments have been adopted. Conclusion and Recommendations 37. Based on our review, Arcadis has no objection to the proposed Official Plan Amendment and Zoning By-Law Amendment to permit a Large Scale Supplementary Farm Dwelling with a gross floor area of 550m² (to replace one temporary supplementary farm dwelling), within a cluster of farm buildings containing one existing supplementary farm dwelling for a maximum total gross floor area of all Supplementary Farm Dwellings of 615m². Jeff Henry Arcadis Professional Services (Canada) Inc. ARCADIS MEMORANDUM Municipality of Bayham – August 12th, 2025 8 Jeff Henry, RPP, MCIP Consulting Planner to the Municipality of Bayham AMENDMENT NO. 41 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: David and Leigh Vyn 11045 Bayham Norfolk Boundary Road The following text constitutes Amendment No. 41 to the Official Plan of the Municipality of Bayham OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2025-053, in accordance with Section 17 of the PLANNING ACT, on the 21st day of August 2025. MAYOR CLERK MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-053 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 41 to the Official Plan of the Municipality of Bayham is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make an application to the County of Elgin for approval of the aforementioned Amendment No. 41 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this 21st day of August 2025. MAYOR CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 41 1. PURPOSE The purpose of the Official Plan Amendment is to permit a new Large Scale Supplementary Farm Dwelling to replace one temporary Supplementary Farm Dwelling in the future, alongside one existing Supplementary Farm, on the subject property. Currently, Section 2.1.11 states that Large Scale Supplementary Farm Dwellings may be permitted for temporary accommodation of seasonal farm labour subject to the policies set out in Section 2.1.11 and detailed below. 2. LOCATION The Official Plan Amendment will be applicable to lands known as Concession 8, Lots 27 & 28 and known municipally as 11045 Bayham Norfolk Boundary Road. 3. BASIS OF THE AMENDMENT The subject lands are characterized as a farmed parcel with multiple farm accessory buildings, including and existing farm house dwelling and one existing small scale supplementary farm dwelling. The subject lands are located on the west side of Bayham Norfolk Boundary Road and the north side of Vincent Line; south-east of Eden. The subject lands can be described as an irregular shaped lot with an approximate lot area of 38 hectares (94 acres), an estimated lot frontage of 391 metres (1,283 feet) along Bayham Norfolk Road. The subject lands are used primarily for cultivation of flowers. The surrounding lands are agricultural in all directions, with Little Otter Creek running through a wooded area to the north. The Provincial Planning Statement, 2024 and the Elgin County Official Plan permits Large Scale Supplementary Farm Dwellings for the temporary accommodation of seasonal farm labour and this is further clarified within the Official Plan of the Municipality of Bayham in Section 2.1.11, where permitted under the following criteria: 1. a) Consideration of all criteria and policies for supplementary farm dwellings permitted by a minor variance; b) Demonstration that alternative locations for the accommodation in existing farm dwellings on lots in the same farm operation, in temporary accommodation, in settlement areas and other similar accommodation are not feasible and not appropriate for the intended accommodation; c) Identification of the potential off-site impacts related to noise, lighting, traffic, maintenance and operation of the site on the surrounding community and the identification of appropriate mitigation measures; and d) A location in the Municipality where the site and building design shall provide appropriate accommodation for the health and safety of seasonal farm labourers. 2. Large scale supplementary farm dwellings shall be for the temporary accommodation of seasonal farm labour. The accommodation shall be located in proximity to the farm building cluster. The site and buildings shall be subject to agreements with the Municipality for the maintenance, buffering, removal of structures and improvement and limitations on the period of seasonal occupancy. The Municipality may enact licensing bylaws to ensure the health and safety of the occupants. The application and supporting documentation has shown that the criteria above has been met and an appropriate Zoning By-law Amendment Application is being processed in conjunction with this application. The proposed new Large Scale Supplementary Farm Dwelling would be in conformity to the Official Plan. 4. DETAILS OF THE AMENDMENT a) Section 2.1.11 of the Official Plan of the Municipality of Bayham is hereby amended to add the following subsection: 2.1.11.6 Notwithstanding Section 2.1.11 the lands located in Concession , Lots 27 & 28, and municipally known as 11045 Bayham Norfolk Road may be used, developed, and zoned to permit a Large Scale Supplementary Farm Dwelling to replace one temporary Supplementary Farm Dwelling, in addition to the one existing Supplementary Farm Dwelling, to house seasonal workers during the growing season being transported to and from leased farm parcels in the area. The proposed Large Scale Supplementary Farm building shall have a gross floor area maximum of 550m². The combined gross floor area of all Supplementary Farm Buildings, including the new Large Scale Supplementary Farm building and the existing Supplementary Farm Dwellings may not exceed a maximum of 615m². THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z813-2025 VYN BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A”, Map 6 by changing the zoning symbol on the lands from “Agricultural (A1) Zone to a ‘Site Specific Agricultural (A1-52)’ Zone, which lands are outlined in heavy solid lines and marked “A1-52” on Schedule A, Map 6 to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 5.12 Exceptions – Agricultural (A1) Zone by adding the following clauses:   5.12.52.1 Defined Area   “A1-52” as shown on Schedule “A, Map 6” to this By-law.  5.12.52.2 Permitted Buildings and Structures Notwithstanding the provisions of Section 5.2, of this By-law, the following use shall be permitted: A maximum of two (2) Supplementary Farm Dwellings in the form of one (1) Supplementary Farm Dwelling and one (1) in the form of a temporary mobile home to be replaced in the future by one (1) Large Scale Supplementary Farm Dwelling 5.12.51.3 Building Area for Supplementary Farm Dwellings The permitted Building Area for Supplementary Farm Dwellings shall be 550m² for the one (1) Large Scale Supplementary Farm Dwelling and a maximum total cumulative Gross Floor Area of 615m² for all Supplementary Farm Dwellings.   5.12.51.4 Minimum Front Yard Setback for Accessory Use Notwithstanding Sections 4.2 (b) and 5.8, the following shall be permitted for existing Accessory Buildings: A Front Yard Setback of 9.0m to the existing Barn; and A Front Yard Setback of 12.0m to the existing Greenhouse 3) THIS By-law comes into force: Z813-2025 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. c) Where Official Plan Amendment No. 41 comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c.P.13, as amended. READ A FIRST TIME AND SECOND TIME THIS 21st DAY OF AUGUST, 2025 READ A THIRD TIME AND FINALLY PASSED THIS 21st DAY OF AUGUST, 2025 _______________________________ ___________________________ MAYOR CLERK Z813-2025 Council Services Department, Norfolk County, Page 1 | Norfolk County Legislative Services Office of the Chief Administrative Officer 50 Colborne Street, S., Simcoe Ontario N3Y 4H3 Telephone: 519-426-5870 E-mail: clerks@norfolkcounty.ca Website: norfolkcounty.ca July 31, 2025 SENT VIA EMAIL Re: Norfolk County Council – Letter of support for the Township of Otonabee- South Monaghan On behalf of the Council of the Corporation of Norfolk County, Council passed the following resolution on July 22, 2025, regular council meeting: Resolution No. C-154 Moved By: Councillor Van Paassen Seconded By: Councillor Masschaele That Council directs staff to send a letter of support for the Township of Otonabee-South Monaghan regarding Bill C-2. Carried. In addition, Council endorsed the following resolution made by the Township of Otonabee-South Monaghan: WHEREAS Bill C-2 proposes to amend the Proceeds of Crime (Money Laundering) and Terrorist Financing Act by adding section 77.5 (1), making it a criminal offense for any business, profession, or charitable entity to accept cash payments, donations, or deposits of $10,000 or more in a single transaction or related transactions, regardless of their lawful nature; WHEREAS this blanket ban criminalizes legitimate business transactions using legal tender, punishing businesses and law-abiding citizens solely for choosing to use cash, a fundamental right in Canada; WHEREAS small businesses, charities, and individuals in Otonabee-South Monaghan and across Canada, including farmers, car dealers, and community organizations, rely on cash for lawful high-value transactions, and this restriction will impose unnecessary hardship, stifle economic activity, and deter charitable giving; WHEREAS the $10,000 threshold is arbitrarily low, capturing routine legal transactions while creating compliance burdens that disproportionately harm small businesses, rural communities, and those without digital banking access; Council Services Department, Norfolk County, Page 2 | WHEREAS municipalities must stand up for the economic freedom and financial inclusion of their residents; NOW, THEREFORE, BE IT RESOLVED that the Council of Otonabee-South Monaghan: • Condemns Bill C-2, section 77.5, as an unacceptable overreach that criminalizes lawful cash transactions and undermines the use of Canadians' right to use legal tender; • Demands the federal government to withdraw this amendment and engage in meaningful consultation with municipalities, businesses, and charities to develop targeted anti-crime policies that do not penalize legitimate cash transactions; • Instructs the Municipal Clerk to send this resolution to all Canadian municipalities, the Federation of Canadian Municipalities (FCM), the Ontario Municipal Association, the Minister of Finance, Leslyn Lewis, our local MP, the Ontario Chamber of Commerce, and First Nations, calling for unified opposition; • Urges other municipalities to pass similar resolutions to protect the rights of their residents and businesses Should you have any questions regarding this matter or should you require additional information, please contact the Office of the County Clerk at 519-426-5870 x. 1261, or email: Clerks@norfolkcounty.ca. Sincerely, T. Rodrigues Tracey Rodrigues Deputy County Clerk Tracey.Rodrigues@norfolkcounty.ca 1 | P a g e 64 McIntyre Street • Nairn Centre, Ontario • P0M 2L0  705-869-4232  705-869-5248 Established: March 7, 1896 Office of the Clerk Treasurer, CAO E-mail: belindaketchabaw@nairncentre.ca July 17, 2025 The Honourable Doug Ford, Premier of Ontario Premier’s Office, Room 281 Legislative Building, Queen’s Park Toronto, ON M7A 1A1 Sent via email: premier@ontario.ca The Honourable Stephen Lecce, Minister of Energy and Mines College Park, 5th Floor, 777 Bay Street Toronto, ON M7A 2J3 Sent via email : stephen.lecce@pc.ola.org and MinisterEnergy@ontario.ca The Honourable Prabmeet Singh Sarkaria, Minister of Transportation 5th Floor, 777 Bay Street Toronto, ON M7A 2J3 Sent via email: mtoinfo@ontario.ca and prabmeetsarkaria@pc.ola.org The Honourable Todd J. McCarthy, Minister of Environment, Conservation and Parks 5th Floor, 777 Bay Street Toronto, ON M7A 2J3 Sent via email: todd.mccarthy@pc.ola.org and minister.mnrf@ontario.ca Canadian Nuclear Safety Commission 280 Slater Street, P.O. Box 1046, Station B Ottawa, ON K1P 5S9 Sent via email: cnsc.info.ccsn@cnsc-ccsn.gc.ca and patrick.burton@cnsc-ccsn.gc.ca RE: Opposition to the Transportation and Disposal of Niobium Tailings at the Agnew Lake Tailings Management Area Please be advised that the Council of the Township of Nairn and Hyman has passed a formal resolution opposing the proposed transport and disposal of approximately 18,600 cubic metres of niobium mine tailings from the Nova Beaucage Mine and associated MTO gravel pit to the Agnew Lake Tailings Management Area (ALTMA), located within our municipal boundaries. This resolution follows the independent review by Hutchinson Environmental Sciences Ltd. conducted on behalf of the Township of the technical documents submitted by the Ministry of Energy and Mines and the Ministry of Transportation, including the Human Health and Ecological Risk Assessment (HHERA) 2 | P a g e and the Conceptual Site Model (CSM). The findings of Hutchinson’s review have raised significant concerns regarding the sufficiency of the risk assessment, groundwater and surface water monitoring, leachability modeling, baseline data gaps, and long-term containment and environmental management plans. These issues pose unacceptable risks to public health, the surrounding watershed, and the long- term environmental integrity of our region. Further, it has come to the Township’s attention that the Ministry of Transportation has transported a portion of the niobium tailings to Clean Harbors, a licensed hazardous waste treatment facility near Sarnia. This action raises a serious question as to why all the material is not being disposed of through the same secure and regulated channel, instead of being placed at an aging tailings management site adjacent to sensitive ecosystems and communities. The Township of Nairn and Hyman also wishes to acknowledge and support the position of the United Chiefs and Councils of Mnidoo Mnising (UCCMM), who have issued a letter voicing their firm opposition to this project. Their concerns are rooted not only in environmental impact, but also in the Ministry’s failure to conduct meaningful consultation with the impacted UCCMM First Nations, whose traditional territory includes the Agnew Lake area. Their letter is attached for your review and inclusion in the public record. This resolution passed at the Council Meeting of the Township of Nairn and Hyman on July 14, 2025, calls upon your government and relevant ministries to halt any further actions related to the transportation of this hazardous product to the ALTMA site. The resolution reads as follows: RESOLUTION # 2025-8-152 DATED: July 14, 2025 MOVED BY: Wayne Austin SECONDED BY: Karen Richter WHEREAS the Ministry of Energy and Mines and Ministry of Transportation has proposed the transportation and placement of approximately 18,600 cubic metres of niobium mine tailings from the Nova Beaucage Mine and associated MTO gravel pit to the Agnew Lake Tailings Management Area, located within the Township of Nairn and Hyman; AND WHEREAS the Ministry has submitted technical documentation, including a Human Health and Ecological Risk Assessment (HHERA) and Conceptual Site Model (CSM), which have been independently reviewed by Hutchinson Environmental Sciences Ltd. on behalf of the Township; AND WHEREAS Hutchinson Environmental Sciences Ltd. report raises serious concerns regarding the adequacy of risk modeling, leachability assessments, hydrogeological characterization, biological monitoring, and long-term containment of radionuclides and toxic metals; AND WHEREAS the Township has recently learned that the Ministry of Transportation intends to transport an existing stockpile of niobium tailings to Clean Harbors, a licensed hazardous waste treatment facility in Sarnia, Ontario, raising the question as to why all of the niobium tailings are not being managed in the same manner; NOW THEREFORE BE IT RESOLVED THAT the Council of the Township of Nairn and Hyman formally opposes the transportation or placement of niobium tailings at the Agnew Lake Tailings Management Area; 3 | P a g e AND FURTHER THAT this resolution be forwarded to the Honourable Doug Ford, Premier of Ontario; the Honourable Stephen Lecce, the Minister of Energy and Mines; the Honourable Prabmeet Singh Sarkaria, the Minister of Transportation; the Honourable Todd J. McCarthy, the Minister of the Environment, Conservation and Parks; the Ontario Ombudsman; the Canadian Nuclear Safety Commission; MP Jim Belanger; MPP Bill Rosenburg; MPP France Gelinas; the Association of Ontario Municipalities and all Ontario Municipalities. CARRIED We respectfully request your immediate attention to this matter and urge the Province of Ontario to prioritize the protection of our community’s health, safety, and environmental integrity. For more information regarding this matter, please contact our municipal office by email at belindaketchabaw@nairncentre.ca or by phone at (705) 869-4232. Sincerely, Belinda Ketchabaw CAO Clerk Treasurer Township of Nairn and Hyman 64 McIntyre Street, Nairn Centre, ON P0M 2L0 Attachments: UCCMM Letter – Agnew Lake Tailings Management, Chief Patsy Corbiere, July 14, 2025 Cc: Chief Patsy Corbiere and the Aundeck Omni Kaning First Nation Council Members The United Chiefs and Council of Mnidoo Mnising Ontario Ombudsman Canadian Nuclear Safety Commission Canadian Environmental Law Association MP Jim Belanger MPP Bill Rosenburg MPP France Gelinas Association of Ontario Municipalities All Ontario Municipalities Maria Magdalene Healy, Canadian Nuclear Safety Commission Adam Levine, Canadian Nuclear Safety Commission Marc Stewart, Ministry of Energy and Mines Rob Schryburt, Ministry of Energy and Mines Eric Cobb, Ministry of Energy and Mines Kristin Franks, Ministry of Transportation Andrew Healy, Ministry of Transportation July 14, 2025 Hon. George Pirie Minister of Mines minister.mines@ontario.ca Hon. Prabmeet Sarkaria Minister of Transportation minister.mto@ontario.ca Adam Levine Team Leader, Indigenous Consultation and Participant Funding Canadian Nuclear Safety Commission adam.levine@cnsc-ccsn.gc.ca Re: Lack of First Nations engagement regarding Agnew Lake Tailings Management Area We are writing to express our serious concerns about the lack of engagement with the impacted UCCMM First Nations regarding the ongoing monitoring and management of the Agnew Lake Tailings Management Area, including but not limited to the decision in 2020 to expand the scope of the existing licence to allow for the depositing of large quantities of radioactive material from the former Beaucage Mine (WNSL-W5-3102.01/2025), as well as the proposed renewal of the licence for the site. In the fall of last year UCCMM raised serious concerns with you and your staff about depositing large quantities of radioactive material at the site and the impacts of this on the UCCMM First Nations’ rights, interests and well-being. The Tailings Management Area is in close proximity to areas actively used for the exercise of our treaty protected s. 35 rights, including fishing and trapping. Despite this, there appears to have been no adequate engagement with our First Nations either about the decision to add more radioactive site to the Tailings Area, or about ongoing monitoring and management of the Tailings Area. After a meeting with UCCMM last fall we were promised more detailed information about the project to add new radioactive materials to the site and the management of the site. While we have received some information from CNSC, we have received no further information or communication from Ontario. While we are aware of Ontario’s communications with Whitefish River First Nation, as far as we are aware, the detailed information promised to WRFN by Ontario in December of 2024 was also never provided. In any event, WRFN is not the only UCCMM First Nation impacted, a point that was made clear in our meeting with Ontario officials last fall. Despite - 2 - this, UCCMM was not even notified directly by Ontario about its further plans to move ahead with this project. It is entirely contrary to the Honour of the Crown and the Crown’s obligation for the Crown to move ahead with plans that will likely have a significant negative impact on the UCCMM First Nations where the Crown has repeatedly failed to be forthcoming with its promises to provide information. UCCMM must have adequate information, as well as time and resources to review that information to assess the level of impact on our rights, and what alternatives are available. Please confirm that Ontario will pause any further plans to move ahead with a renewal or to move any additional radioactive material to the site until appropriate consultation and accommodation – including the provision of adequate data – is completed. Please contact Saul Bomberry sbomberry@uccmm.ca at the Tribal Council to arrange a meeting with UCCMM and provide him the relevant information immediately. Chief Patsy Corbiere Tribal Chair cc. Eric Cobb, MINES Marc Stewart, MINES UCCMM First Nations Chief and Councils Township of Nairn and Hyman July 30, 2025 Association of Municipalities of Ontario 155 University Ave | Suite 800 Toronto, ON M5H 3B7 Sent via email: resolutions@amo.on.ca Re: Elect Respect Pledge Our File 10.12.1 To Whom it May Concern, At its meeting of July 14, 2025, St. Catharines City Council approved the following motion: WHEREAS democracy is healthy when everyone is able to participate fully and safely and contribute to the well-being of their community; and WHEREAS we are witnessing the dissolution of democratic discourse and respectful debate across all levels of government and in neighbouring jurisdictions; and WHEREAS Ontario’s municipally elected officials are dealing with increasingly hostile, unsafe work environments facing threats and harassment; and WHEREAS social media platforms have exacerbated disrespectful dialogue, negative commentary, and toxic engagement which disincentivizes individuals, especially women and candidates from diverse backgrounds from running for office; and WHEREAS better decisions are made when democracy is respectful and constructive and the voices of diverse genders, identities, ethnicities, races, sexual orientation, ages and abilities are heard and represented around municipal council tables; and WHEREAS the Association of Municipalities of Ontario’s Healthy Democracy Project has identified concerning trends with fewer people voting in local elections and running for municipal office; and WHEREAS in 2024, female elected representatives from across Halton formed a group called H.E.R. (Halton Elected Representatives) which pledged to speak out against harassment and negativity in politics and called on elected officials to uphold the highest standards of conduct; and WHEREAS H.E.R. Halton has launched a campaign called Elect Respect to promote the importance of healthy democracy and safe, inclusive, respectful work environments for all elected officials that encourages individuals to participate in the political process; and WHEREAS on June 5, 2025, the Canadian Association of Feminist Parliamentarians launched a non-partisan “Parliamentary Civility Pledge” to encourage all parliamentarians to commit to end workplace harassment and increase civility on Parliament Hill, modelled after the pledge developed in Halton by representatives of H.E.R.; NOW THEREFORE BE IT RESOLVED: THAT City of St. Catharines Council supports the Elect Respect pledge and commits to: • Treat others with respect in all spaces—public, private, and online, • Reject and call out harassment, abuse, and personal attacks, • Focus debate on ideas and policies, not personal attacks, • Help build a supportive culture where people of all backgrounds feel safe to run for and hold office, • Call on relevant authorities to ensure the protection of elected officials who face abuse or threats, and • Model integrity and respect by holding one another to the highest standards of conduct; and BE IT FURTHER RESOLVED That City of St. Catharines Council calls on elected officials, organizations and community members to support the Elect Respect campaign and sign the online pledge at www.electrespect.ca; and BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Association of Municipalities of Ontario, Ontario’s Big City Mayors, the Federation of Canadian Municipalities, Mayors and Regional Chairs of Ontario, relevant MPs and MPPs, Regional Police, the Ontario Provincial Police and the Royal Canadian Mounted Police. If you have any questions, please contact the Office of the City Clerk at extension 1524. Donna Delvecchio, Acting City Clerk Legal and Clerks Services, Office of the City Clerk :av cc: Ontario Big City Mayors The Federation of Canadian Municipalities Mayors and Regional Chairs of Ontario MPs and MPPs Regional Police The Ontario Provincial Police Royal Canadian Mounted Police Dear Mayor Ketchabaw and Members of Council, As a Bayham resident, I deeply value the dedication and care you bring to every municipal decision. At the same time, I feel compelled to express my concern over the recent Council resolution to retain paper ballots only for the 2026 municipal election, rejecting staff recommendations to introduce internet or telephone voting From what I understand, the resolution followed a detailed report—originally deferred from April to May 1, 2025—reviewing historical voting patterns and costs of alternative voting methods. Despite staff suggesting that internet/telephone voting could increase accessibility and reduce overall costs, Council chose paper ballots exclusively, even though this choice was estimated to cost twice as much as the recommended option. Why This Matters: DEI, Accessibility, and Representation Council’s decision may inadvertently limit participation from groups who find traditional voting impractical or impossible, including: Seasonal residents, who live here fully during high tourism season, but may be absent during Election Day or advance polls. Residents with disabilities, mobility challenges, caregiving duties, or transportation barriers who struggle to get to polling locations. Younger voters, students, and shift workers whose schedules often conflict with polling hours. Maintaining a paper-ballot-only approach could therefore suppress participation from diverse voices and contradict Council’s commitment to diversity, equity, and inclusion (DEI). Ontario Municipalities Have Modernized Successfully Many municipalities across Ontario have effectively implemented hybrid voting methods. Their experience shows: Internet and telephone voting significantly increases access for seasonal residents, persons with disabilities, and those away for work or school. Electronic voting has proven secure and cost-effective, with no major issues in the 2022 municipal elections across jurisdictions These models strike a balance between traditional paper ballots and modern accessibility, and could be adapted to Bayham’s size and budget by partnering with neighbouring municipalities for procurement and cost-sharing. A Modest Proposal for Reconsideration I’m proposing that Bayham reconsider the current stance and explore: Offering internet or telephone voting as an opt-in alternative, alongside paper ballots. Initiating a public engagement process on the issue to gauge interest and level of need among seasonal residents and accessibility-concerned residents. Collaborating with comparable municipalities that have implemented hybrid voting models to understand best practices and minimize costs. Alignment with Bayham’s Fundamental Principles Bayham’s own governance framework emphasizes transparent, accessible, and responsive decision-making, and encourages public participation throughout municipal processes. Embracing multiple voting methods aligns naturally with these principles—and with Council’s commitment to its constituents. In Closing This is not simply a policy debate—it’s about ensuring every Bayham voice can be heard. I respect the cost considerations behind Council’s decision, but I believe access should not come at the expense of participation. I kindly request that Council review the recent resolution in light of DEI, accessibility, and Bayham’s evolving demographics. I welcome the opportunity to speak before Council or contribute to a future public information session on this topic. Thank you for your ongoing service to our community John Regan EcD(F),CEcD REPORT TREASURY DEPARTMENT TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: August 21, 2025 REPORT: TR-17/25 SUBJECT: 2025 MID-YEAR PARKLAND DEDICATION AND CASH-IN-LIEU OF PARKLAND FUNDS REPORT BACKGROUND At its November 13, 2024 Special Capital Budget meeting, Council received Report TR-14/24 re 2025-2034 Capital Budget – Draft. Council passed the following motion, in part: Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report TR-14/24 re 2025-2034 Capital Budget - Draft be received for information; (…) AND THAT staff be directed to report on the status of parkland funds on a semi-annual basis for consideration of the Eden and Richmond Pavilions in 2025; DISCUSSION Cash-in-lieu of parkland means the payment of funds equivalent to the value of the amount of land that the Municipality would otherwise have been entitled to require to be conveyed for park purposes as part of a development. Cash-in-lieu of parkland shall only be used for eligible projects permitted by the Planning Act. Sections 42, 51.1, and 53 of the Planning Act, RSO 1990, Chapter P.13, as amended, authorizes the enactment of by-laws respecting the conveyance to Council of parkland or other public recreational purposes as a condition of development or redevelopment of land within the Municipality. Cash-in-lieu payments are mainly collected from building lot creation through severance and plans of subdivision. Municipality of Bayham’s Official Plan contains specific policies with respect to the provision of lands for park or other public recreational purposes: 8.18.1 A dedication of five percent of the gross area of land proposed for development or redevelopment and/or a dedication rate of one hectare per 600 units at a maximum rate of 1 hectare per 1,000 units or the equivalent cash-in-lieu, of the gross area of lands being subdivided for residential purposes. 8.18.2 A dedication of two percent of the gross area of land proposed for development or redevelopment or the equivalent cash-in-lieu, of the gross area of lands being subdivided for commercial and industrial purposes. 8.18.3 Where land in a draft plan of subdivision is to be used for any use other than residential, industrial or commercial purposes, Council may require conveyance of land for park purposes or equivalent cash-in-lieu at a rate of five percent (5%) of the gross area of the land proposed for development. By-law No. 2025-007, being a by-law to require the conveyance of land for a park or other public recreational purposes and/or cash-in-lieu of parkland dedication as a condition of development or redevelopment, was passed February 6, 2025. The By-law sets the Cash-in-lieu fee amount for a lot created through consent at $2,500.00 each. Current subdivision agreements (pending) include the following amounts for future collection: • Sandytown Subdivision Phase 2 $47,500 due upon registration of Phase 2 • Eden East Subdivision Phase 2 $11,750 due upon registration of Phase 2 Pending subdivision agreements that will include cash-in-lieu payments (amounts to be determined) include the following: • Countryside Communities, Vienna • Eden West Subdivision, Eden • Pine Street Subdivision, Vienna The above Table provides the Parkland Reserve year-end balance, mid-year balance, and uncommitted funds available. The 2025 Capital Spending item is the allocation to the accessible walkway component of Capital Item No. FA-04 – SCC Expansion. This project is going out for tender on August 18, 2025. This leaves $143,193 currently uncommitted. The Eden and Richmond Pavilions are on the capital list for 2027 as Capital Items Nos. PR-09 and PR-10 for $65,000 and $100,000, respectively. It is functionally very difficult to tender for and construction a pavilion at this stage in the year. However, if Council wishes to move Capital Items Nos. PR-09 and/or PR-10 up in the budget, they can be moved to 2026 depending on the availability of reserve funds. Council may provide direction on these items at this time, or refer further discussion on Capital Items Nos. PR-09 and PR-10 to the 2026-2035 Capital Budget deliberations, by which time staff expect to have some clarity regarding the ultimate plans for the SCC expansion project under the ICIP CCR stream. Staff do note that Capital Item No. PR-12 is the Memorial Park Pavilion in Port Burwell. This is a 2026 item, but is heavily grant-dependent. Council could direct reserve funds be used for the engineering work, however, which is levy-based. Staff provide this Report for Council’s information. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not Applicable RECOMMENDATION 1. THAT Report TR-17/25 re 2025 Mid-Year Parkland Dedication and Cash-in-Lieu of Parkland Funds Report be received for information; 2. AND THAT Council provide direction, if any, regarding Capital Item No. PR-09 and/or PR-10 and/or PR-12. Respectfully submitted by: Reviewed by: Lorne James, CPA, CA Thomas Thayer, CMO, AOMC Treasurer Chief Administrative Officer Reserve 2024 Balance June 30, 2025 Balance 2025 Capital Spending Uncommitted Projected Additional Funds in 2025 Parkland $173,693 $208,193 $65,000 $143,193 $7,500 REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: August 21, 2025 REPORT: CAO-33/25 SUBJECT: BAYHAM COMMUNITY STRATEGIC PLAN PROGRESS – 2025 MID-YEAR REPORT BACKGROUND At its July 6, 2023 Special meeting, Council received Report CAO-38/23 re 2023-2026 Bayham Community Strategic Plan Adoption. The Strategic Plan was presented to Council in draft format, and included previously-adopted proposed initiatives to be included in the Community Strategic Plan. Key Initiatives included: • Improving communication • Encouraging strategic development • Encouraging a mix of housing types • Enhancing the Port Burwell East Beach • Rehabilitating the Port Burwell Lighthouse • Focusing investment on core infrastructure • Retiring the debt associated with the HMCS Ojibwa Council passed the following motion: Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report CAO-38/23 re 2023-2026 Bayham Community Strategic Plan Adoption received for information; AND THAT Council adopt the 2023-2026 Bayham Community Strategic Plan. The intent of Initiatives is that staff will be able to specifically identify in a Report to which Initiative(s) an item applies, which will give Council and residents more information regarding how the Municipality is adhering to and implementing its Strategic Plan during the current Council term. Since adoption, the Strategic Plan has been available on the Municipal website, and has been integrated into Reports to Council via a new section that identifies the specific Goal(s), Objective(s), and Initiative(s) to which the Report applies. At its February 6, 2025 meeting, Council received Report CAO-05/25 re Bayham Community Strategic Plan Progress – 2024. The Report provided an update for Council in regards to the progress staff had made over 2024 regarding Council’s 2023-2026 Community Strategic Plan and its initiatives. This Report presents the further progress made over the first half of 2025. DISCUSSION The goal of this Report is to provide a summary to Council of progress made in the first half of 2025 on some key Initiatives identified in the 2023-2026 Community Strategic Plan. This is intended to demonstrate staff’s continued alignment with Council’s priorities and execution of same as we continue through the second year of the four-year Plan. Quality of Place Quality of Place Initiatives focus on key areas such as core infrastructure investment, an improved tourism experience, and strategies to attract and retain businesses to reinforce Bayham’s economy. The Municipality continues to focus its capital program on renewal of core infrastructure. Elliott Road works were completed and the Tandem had been procured under budget1. The 2025 sidewalk program had been arranged through Autoform for the area adjacent to the Port Burwell Public School, with works planned for July and August. Council also awarded the Lakeshore Line Study to Shoreplan Engineering2 due to their previous ongoing work on the file dating back to 2017 and the associated closure of Lakeshore Line between Clarke Road and County Road 553. Staff have continued to work with a+LINK Architecture and associated professionals on the Straffordville Community Centre expansion project, supported by an ICIP Community, Culture and Recreation grant. The recent water service impediment has been navigated and tendering will proceed in August 2025, with an anticipated Report for consideration in September 2025. The Report will present tender results and seek Council’s direction regarding how best to proceed with the project, if deemed appropriate. Quality of Life Quality of Life Initiatives focus on key areas such as a diversity of passive and active services to the community, strategic growth in accordance with resident needs, and being environmentally-conscious. 1 Report TR-16/25 (July 17, 2025). 2 Report CAO-18/25 (March 20, 2025). 3 Closed by By-law No. 2018-061. Staff are working internally and with the Department of Fisheries and Oceans (DFO) regarding preparation for engineering works for the Port Burwell Pier. Procurement is anticipated to proceed this fall. The Municipality was once again successful in obtaining Blue Flag status for the Port Burwell East Beach for the 2025 season. This has been communicated to Council, staff, residents, and the media. A flag-raising was held at the East Beach in early June with members of Council, staff, and the Waterfront Advisory Committee in attendance. Public Works staff completed work on the Canoe/Kayak Launch in Vienna off of Water Street. This project is funded through the Vienna Community Infrastructure Reserve Fund and is anticipated to be under the $60,000 budget4. As of June 2025, staff were working to finalize the quotation documents for Capital Items Nos. PR-07 and PR-085 in the Straffordville Community Park. Circulation of the quotation documents was anticipated for July 20256. The Municipality continues through its Official Plan Conformity Review7. This is a five-year review led by Arcadis and planning staff to receive public input and update Bayham’s Official Plan in accordance with policy direction provided by Council. To-date, one public meeting has been held, with numerous Members of Council, staff, and the public in attendance. Staff and Arcadis are waiting for the County’s Official Plan to be approved at the provincial level so Bayham’s process can be completed in conformity with an approved Elgin County Official Plan. Once complete, it is anticipated that staff will commence work with Arcadis on a review of the Municipality’s Zoning By-law No. Z456-2003. Quality of Governance Quality of Governance Initiatives focus on key areas such developing and retaining knowledge within the Municipality to improve services, demonstrating financial responsibility, and taking advantage of partnership and joint ventures to the betterment of the community. Staff presented a Report to Council8 regarding single-year procurement of Self-Contained Breathing Apparatus gear for Fire Services. The SCBA capital item was originally approved as a three-year procurement to spread out the cost impact. After Council’s support, procurement was completed through RFP, resulting in cost savings to the Municipality9. The Municipality’s finances have continued to improve through the first half of 2025. Since 2020, the Municipality has ended its fiscal years in net surplus positions. 2024 was no different10, and a large portion of the surplus was directed to the elimination of the remaining principal associated with the HCS Ojibwa. Council provided formal direction to eliminate the debt in March 202511. The Municipality’s Auditor continues to provide positive feedback to staff and Council about the Municipality’s financial position. Council also formally approved its 2025 Operating Budget with a 6 percent tax levy increase12. The levy increase is informed by a $1.1 4 Capital Item No. PR-03, reserve funded. 5 $35,000 in total funding for these two Items. 6 This matter is before Council on August 21, 2025 for award. 7 Report DS-39/24. Kick-off meeting was May 23, 2024. 8 Report FR-02/25 (March 20, 2025). 9 Report FR-03/25 (April 17, 2025). 10 Report TR-07/25 (February 27, 2025 meeting). Net surplus of $1,016,811.48. 11 Report TR-09/25 (March 6, 2025) 12 Report TR-10/25 (March 27, 2025). million Guarantorship Loan Reserve transfer to fund the retirement of the HMCS Ojibwa principal. As of the end of fiscal 2025, the Ojibwa will officially be off the Municipality’s books. Staff presented a Report to Council in January 202513 regarding paid parking at the East Beach. At Council’s direction, a one-year paid parking pilot program was implemented through HONK Mobile. Traffic and Parking By-law amendments were adopted by Council14, and seasonal staff were recruited to support the pilot program. $24,335.10 had been generated in net parking fees as of the end of June 2025, with significantly more having been generated over July and August to date15. Council included a line item in the 2025 Operating Budget of $70,000 in parking fee revenues as a target. A comprehensive report will be provided at the end of the pilot in Q4 2025. Senior staff have worked with Watson and Associates on a pair of financial policies to address development and asset management. Council received detailed background information on a homogenous development charge covering parks and recreation, roads, and fire services16. A by-law will be considered in Q3 2025. As of the end of Q2, staff were preparing draft financial documents for the 2025 Asset Management Plan update in accordance with O.Reg 588/1717. To support the Municipality’s financial health and streamline procurement, Council has received and approved minor Procurement Policy updates regarding tendering processes18. A comprehensive review and update of the Procurement Policy, including procurement thresholds, is under way through Legal Services. Discussion has continued with the County on options for a centralized planning service to be housed at the County, which would provide planning services to Bayham. It is anticipated that Council will engage in additional discussion on this topic in the latter half of 2025, prior to drafting of the Operating Budget. Finally, staff have been engaged with Malahide and Central Elgin on a pair of large grant applications for the rehabilitation of a seven-kilometre stretch of the Nova Scotia Line transmission main overseen by the Port Burwell Area Secondary Water Supply System (PBASWSS). Applications were made to the Canada Housing Infrastructure Fund (CHIF) and the Health and Safety Water Stream (HSWS) of the Municipal Housing Infrastructure Program. Council provided Letters of Support for both applications19 20. This work is included in the Municipality’s 2025-2034 Capital Budget as a $16,883,000 item in 202821. Any grant support will significantly reduce the potential cost burden for Bayham water system ratepayers. To date, the engineering for the PBASWSS work has been awarded at a recent Board meeting. Staff will continue to provide updates to Council on a regular basis regarding Strategic Plan matters, both through individual Reports and planned updates to Council on progress on key projects and Initiatives to ensure accountability to both Council and the public regarding Council’s strategic goals. 13 Report BL-01/25 (January 16, 2025). 14 Report BL-02/25 (February 20, 2025). 15 Current figures as of August 14, 2025 are an estimated $89,400 in net parking fee revenue. 16 Presentation by Byron Tan, Watson and Associates, June 19, 2025 at a Development Charges Public Meeting. 17 Council received this information on July 17, 2025. 18 Report CAO-21/25 (April 3, 2025). 19 Report CAO-04/25 (February 6, 2025). 20 Report CAO-27/25 (June 5, 2025). 21 Capital Item No. W-10 – budget available on website. STRATEGIC PLAN As this Report is a summary of Strategic Plan Initiatives and progress over the first half of 2025, the Strategic Plan is deemed to apply in general to this Report and further applies to Quality of Governance through clear communication of how Council and staff work together to execute Council’s priorities. RECOMMENDATION 1.THAT Report CAO-33/25 re Bayham Community Strategic Plan Progress – 2025 Mid-Year Report be received for information. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: August 21, 2025 REPORT: CAO-34/25 SUBJECT: TEMPORARY USE AGREEMENT – ROE AND PICARD – 7127 PLANK ROAD, BAYHAM BACKGROUND At its August 15, 2024 meeting, Council adopted By-law No. 2024-049. By-law No. 2024-049 amended a municipal Delegation of Authority By-law to delegate authority to the Chief Administrative Officer (CAO) for purposes of executing temporary use agreements. DISCUSSION Two Building Permit applications have been received from Alexandra Roe and Julian Picard. The landowners are proposing to construct a new dwelling on the property known municipally as 7127 Plank Road, Bayham. The applicants are desirous of living on the property in trailers until construction is complete and occupancy is granted. To facilitate this request, a Temporary Use Agreement was required. The Agreement must identify the number and model(s) of trailer(s) being applied for, and must identify the time period for removal of the trailer(s). The applicants have requested two (2) trailers on the lands, which must be removed either six (6) months after receiving occupancy for the new dwelling or within 2 years of the completion of construction, whichever comes first. The applicants must also maintain a current sanitary servicing agreement with a licensed operation for the trailers for the duration of the Agreement, and must post with the Municipality a security deposit of $10,000. The Agreement was executed by all parties on July 18, 2025, and is attached to this Report. As the CAO is the delegated authority for Temporary Use Agreements, this information is provided for informational purposes only. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Temporary Use Agreement between The Corporation of the Municipality of Bayham and Alexandra Roe and Julian Picard, 7127 Plank Road, Bayham RECOMMENDATION 1. THAT Report CAO-34/25 re Temporary Use Agreement – Roe and Picard – 7127 Plank Road, Bayham be received for information. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-051 BEING A BY-LAW TO ESTABLISH DEVELOPMENT CHARGES FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS the Development Charges Act, 1997 (the "Act") provides that the council of a municipality may by by-law impose development charges against land to pay for increased capital costs required because of increased needs for services; AND WHEREAS a Development Charges Background Study has been completed in accordance with the Act; AND WHEREAS Council has before it a report entitled “Municipality of Bayham Development Charge Background Study” prepared by Watson & Associates Economists Ltd. dated June 5, 2025; AND WHEREAS the Council of the Corporation of the Municipality of Bayham has given notice of and held a public meeting on June 19, 2025 in accordance with the Act and the regulations thereto; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. DEFINITIONS In this By-law the following items shall have the corresponding meanings: "Accessory use" means where used to describe a use, building or structure, that the use, building, or structure is naturally and normally incidental, subordinate in purpose of floor area or both, and exclusively devoted to a principal use, building or structure, but is not an ancillary residential building. "Act" means the Development Charges Act, 1997, S.O. 1997, c.27, as amended. “Affordable Residential Unit” means a Dwelling Unit that meets the criteria set out in subsection 4.1 (2) or 4.1(3) of the Act. “Agricultural use” means use or intended use for bona fide farming purpose: a. Including (but not limited to): i. cultivation of crops, whether on open land or in greenhouses, including (but not limited to) fruit, vegetables, herbs, grains, field crops, cannabis, sod, trees, shrubs, flowers, and ornamental plants; ii. raising of animals, including (but not limited to) cattle, horses, pigs, poultry, livestock, fish; and iii. agricultural animal husbandry, dairying, equestrian activities, horticulture, fallowing, pasturing, and market gardening; b. But excluding: i. retail sales activities; including but not limited to restaurants, banquet facilities, hospitality facilities and gift shops; ii. services related to grooming, boarding, or breeding of household pets; and iii. Marijuana production facilities. “Ancillary residential building” means a residential building that would be ancillary to a detached dwelling, semi-detached dwelling, or row dwelling. “Apartment Unit” means any Dwelling Unit within a building containing three (3) or more Dwelling Units where access to each Dwelling Unit is obtained through a common entrance or entrances from the street level and the Dwelling Units are connected by an interior corridor. “Attainable residential unit” means a residential unit that meets the criteria set out in subsection 4.1(4) of the Act. “Back-to-back townhouse dwelling” means a building containing more than two dwelling units separated vertically by a common wall, including a rear common wall, that do not have rear yards. “Bedroom” means a habitable room, including a den, study, or other similar area, but does not include a living room, dining room or kitchen. “Board of Education” means a board as defined in subsection 1(1) of the Education Act, R.S.O. 1990, c.E.2. "Building permit" means a permit pursuant to the Building Code Act, 1992, S.O. 1992, c. 23, as amended. “Building Code Act” means the Building Code Act, S.O. 1992; Chapter 23, as amended and all Regulations thereto including the Ontario Building Code, 1997, as amended or any successor legislation thereof. “Capital Cost” means costs incurred or proposed to be incurred by the Municipality or a local board thereof directly or by others on behalf of, and as authorized by, the Municipal or local board: (a) to acquire land or an interest in land, including a leasehold interest; (b) to improve land; (c) to acquire, lease, construct or improve buildings and structures; (d) to acquire, lease, construct or improve facilities including, (i) rolling stock with an estimated useful life of seven years or more, (ii) furniture and equipment, other than computer equipment, and (iii) materials acquired for circulation, reference or information purposes by a library board as defined in the Public Libraries Act, R.S.O. 1990, c.P.44; (e) to undertake studies in connection with any of the matters referred to in clauses (a) to (d); (f) to complete the development charge background study required under section 10 of the Act; and (g) interest on borrowing for those expenditures under clauses (a) to (d) above that are growth-related; required for provision of services designated in this by-law within or outside the Municipality. “Class” means a grouping of Services combined to create a single Service for the purposes of this by-law and as provided in section 7 of the Act, which may also be referred to as a Class of Service or Classes of Services. “Commercial Use” means a Commercial Use as defined in the Zoning By-law. “Council” means the Council of the Municipality of Bayham. “Development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that the effect of increasing the size of usability thereof, and includes redevelopment. “Development charge” means a charge imposed with respect to this By-law. “Swelling unit” means any part of a building or structure used, designed, or intended to be used as a domestic establishment in which one or more persons may sleep and are provided with culinary and sanitary facilities for their exclusive use. “Existing” means the number, use, and size that existed as of the date this By-law was passed. “Farm building” means a building or structure that is integral to an Agricultural Use including barns, silos or other similar buildings or structures, but excludes Residential Uses and Marijuana Production Facilities. “Garden Suite” means a Garden Suite as defined in the Zoning By-law. “Grade” means the average level of finished ground adjoining a building or structure at all exterior walls. “Gross floor area” means the total area of all floors above grade of a dwelling unit measured between the outside surfaces of exterior walls or between the outside surfaces of exterior walls and the centre line of party walls dividing the dwelling unit from other dwelling unit or other portion of a building; (a) In the case of a non-residential building or structure, or in the case of a mixed- use building or structure in respect of the non-residential portion thereof, the total area of all building floors above or below grade measured between the outside surfaces of the exterior walls, or between the outside surfaces of exterior walls and the centre line of party walls dividing a non-residential use and a residential use, except for: i. a room or enclosed area within the building or structure above or below grade that is used exclusively for the accommodation of heating, cooling, ventilating, electrical, mechanical or telecommunications equipment that service the building; ii. loading facilities above or below grade; and iii. a part of the building or structure below grade that is used for the parking of motor vehicles or for storage or other accessory use. “industrial use” means land, buildings or structures used for or in connection with manufacturing by: a. manufacturing, producing, and processing goods for a commercial purpose, as well as storing and/or distribution of goods manufactured, produced, or processed on site; b. research or development in connection with manufacturing, producing, or processing good for a commercial purpose; c. retail sales by a manufacturer, producer, or processor of goods they manufactured, produced, or processed, if the retail sales are at the site where the manufacturing, production or processing takes place; d. office or administrative purposes if it is: i. carried out with respect to manufacturing, producing, processing, storage or distributing of something; and ii. in or attached to the building or structure used for that manufacturing, producing, processing, storage, or distribution; e. but does not include a commercial self-storage facility. “Institutional development ” shall have the same meaning as defined in Section 11.1 of O.Reg. 82/98 of the Act. “Interest Rate” means the annual rate of interest as set out in section 26.3 of the Act. “Live/Work Unit” means a unit which contains separate Residential and Non-Residential areas intended for concurrent Residential and Non-Residential Use, and which shares a common wall or floor with direct access between the Residential and Non-Residential areas. “Local Board” means a public utility commission, public library board, local board of health, or any other board, commission, committee or body or local authority established or exercising any power or authority under any general or special act with respect to any of the affairs or purposes of the Municipality or any part or parts thereof. "Local Services" means those services or facilities which are under the jurisdiction of the Municipality and are related to a plan of subdivision or within the area to which the plan relates, required as a condition of approval under section 51 of the Planning Act, or as a condition of approval under section 53 of the Planning Act. "Marijuana production facilities" means a building used for growth, producing, processing, testing, destroying, storing or distribution, excluding retail sales, of medical marijuana or cannabis authorized by a license issued under the Cannabis Regulations, SOR/2018-144. “Mixed-use building” means a building or structure used for both residential and non- residential use. “Multiple dwellings” means all dwellings other than single-detached, semi-detached, or apartment units. “Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25. “Municipality” means the Corporation of the Municipality of Bayham. “Non-Profit Housing Development” means Development of a building or structure that meets the criteria set out in section 4.2 of the Act. “Non-residential use” means a building or structure of any kind whatsoever used, designed, or intended to be used for other than a Residential use. “Owner” means the owner of land or a person who has made application for an approval for the development of land upon which a development charge is imposed. “Place of worship” means that part of a building or structure that is exempt from taxation as a place of worship under the Assessment Act, as amended or any successor thereto. “Planning Act” means the Planning Act, R.S.O. 1990, c.P.13, as amended or updated from time to time. “Regulation” means any regulation made pursuant to the Act. “Rental Housing” means Development of a building or structure with four (4) or more Dwelling Units, all of which are intended for rented Residential Use. “Residential” means the Use of land, buildings or structures or portions thereof for human habitation and includes all types of Dwelling Units described herein. “Semi-Detached Dwelling” means a Dwelling, Semi-Detached as defined in the Zoning By-law. “Service” or “Services” means one (1) or more of the Services set out in Schedule "A", which is attached hereto and forms part of this By-law. “Single Detached Dwelling” means a Dwelling, Single Detached as defined in the Zoning By-law. “Municipality” means the area within the geographic limits of the Municipality of Bayham; “Use” means either residential use or non-residential use; “Zoning By-Law” means the Zoning By-Law or By-laws of the Municipality of Bayham, or any successor thereof passed pursuant to section 34 of the Planning Act, S.O. 1990. 2. Designation of Services/Class of Services 2.1 The categories of Services/Class of Services for which development charges are imposed under this By-law are as follows: (a) Services Related to a Highway; (b) Fire Protection Services; (c) Parks & Recreation Services; and (d) Growth Studies; 2.2 The components of the Services and Class of Services designated in section 2.1 are described in Schedule A. 3. Application of By-law Rules 3.1 Development charges shall be payable in the amounts set out in this By-law where: (a) the lands are located in the area described in section 3.2; and (b) the development of the lands requires any of the approvals set out in subsection 3.4 (a). Area to Which By-law Applies 3.2 Subject to section 3.3, this By-law applies to all lands in the Municipality of Bayham whether or not the land or use thereof is exempt from taxation under s. 13 or the Assessment Act, 1990. 3.3 Notwithstanding clause 3.2 above, this By-law shall not apply to lands that are owned by and used for the purposes of: (a) the Municipality of Bayham or a local board thereof; (b) a board of education; (c) the County of Peterborough; (d) Land vested in or leased to a university that receives regular and ongoing operating funds from the government for the purposes of post- secondary education is exempt from development charges imposed under the Act if the development in respect of which development charges would otherwise be payable is intended to be occupied and used by the university; (e) Non-Profit Residential Development; (f) Affordable Residential Units as defined by the Act; (g) Attainable Residential Units as defined by the Act; and (h) Affordable Residential Units required pursuant to section 34 and 16(4) of the Planning Act (Inclusionary Zoning). Approvals for Development 3.4 (a) Development charges shall be imposed on all lands, buildings or structures that are developed for residential or non-residential uses if the development requires: (i) the passing of a Zoning By-law or of an amendment to a zoning by- law under section 34 of the Planning Act; (ii) the approval of a minor variance under section 45 of the Planning Act; (iii) a conveyance of land to which a by-law passed under subsection 50 (7) of the Planning Act applies; (iv) the approval of a plan of subdivision under section 51 of the Planning Act; (v) a consent under section 53 of the Planning Act; (vi) the approval of a description under section 50 of the Condominium Act, R.S.O. 1990, Chap. C.26, as amended, or any successor thereof; or (vii) the issuing of a permit under the Building Code Act in relation to a building or structure. (b) No more than one development charge for each service designated in subsection 2.1 shall be imposed upon any lands, buildings or structures to which this By-law applies even though two or more of the actions described in subsection 3.4 (a) are required before the lands, buildings or structures can be developed. (c) Despite subsection 3.4 (b), if two or more of the actions described in subsection 3.4 (a) occur at different times, additional development charges shall be imposed if the subsequent action has the effect of increasing the need for services. Rules of Intensification 3.5 (1) Notwithstanding any other provision of this By-law, Development Charges shall not be imposed with respect to: (a) an enlargement to an existing Dwelling Unit; (b) the creation of additional Dwelling Units equal to the greater of one (1) or 1% of the existing Dwelling Units in an existing Residential rental building containing four (4) or more Dwelling Units or prescribed ancillary structure to the existing Residential building; (2) Notwithstanding any other provision of this By-law, Development Charges shall not be imposed with respect to the creation of any of the following in existing Single Detached Dwellings, Semi-Detached Dwellings, Back-to- back Townhouse Dwellings or Stacked Townhouse Dwellings: (a) A second Dwelling Unit on a parcel of land on which Residential Use, other than ancillary Residential Use, is permitted, if all buildings and structures ancillary to the existing Residential structure cumulatively contain no more than one (1) Dwelling Unit. (b) A third Dwelling Unit on a parcel of land on which Residential Use, other than ancillary Residential Use, is permitted, if no building or structure ancillary to the existing Residential structure contains any Dwelling Units. (c) One Dwelling Unit on a parcel of urban Residential land, if the existing structure contains no more than two (2) Dwelling Units and no other building or structure ancillary to the existing Residential structure contains any Dwelling Units. (3) Notwithstanding any other provision of this By-law, Development Charges shall not be imposed with respect to the creation of any of the following in new Single Detached Dwellings, Semi-Detached Dwellings, Back-to-back Townhouse Dwellings or Stacked Townhouse Dwellings: (a) A second Dwelling Unit on a parcel of land on which Residential Use, other than ancillary Residential Use, is permitted, if all buildings and structures ancillary to the new Residential structure cumulatively will contain no more than one (1) Dwelling Unit. (b) A third Dwelling Unit on a parcel of land on which Residential Use other than ancillary Residential Use, is permitted, if no building or structure ancillary to the new Residential structure contains any Dwelling Units. (c)One (1) Dwelling Unit in a building or structure ancillary to a new Residential structure on a parcel of Residential land, if the new Residential structure contains no more than two (2) Dwelling Units and no other building or structure ancillary to the new Residential structure contains any Dwelling Units. 3.6 Exemption for Industrial Development 3.6.1 For the purpose of sections 3.6.2 to 3.7.3 inclusive, the term “existing industrial building” shall have the same meaning as that term has in the Regulation and shall not include self-storage or mini-storage facilities. 3.6.2 Notwithstanding any other provision of this By-law, but subject to sections 3.7.2 and 3.7.3 below, no development charge is payable with respect to the enlargement of the total floor area of an existing industrial building where the total floor area is enlarged by 50 percent or less: 3.7 Gross Floor Area of Existing Industrial Building Expansion 3.7.1 If the gross floor area of an existing industrial building is enlarged by greater than 50 percent, the amount of the development charge payable in respect of the enlargement is the amount of the development charge that would otherwise be payable multiplied by the fraction determined as follows: a) determine the amount by which the enlargement exceeds 50 percent of the total floor area before the enlargement; b) divide the amount determined under subsection 3.7(a) by the amount of the enlargement. 3.7.2 For greater certainty in applying the exemption in this section, the gross floor area of an existing industrial building is enlarged where there is a bona fide increase in the size of the existing industrial building, the enlarged area is attached to the existing industrial building, there is a direct means of ingress and egress from the existing industrial building to and from the enlarged area for persons, goods and equipment and the existing industrial building and the enlarged area are used for or in connection with an industrial purpose as set out in subsection 1(1) of the Regulation. Without limiting the generality of the foregoing, the exemption in this section shall not apply where the enlarged area is attached to the existing industrial building by means only of a tunnel, bridge, canopy, corridor, or other passageway, or through a shared below- grade connection such as a service tunnel, foundation, footing or parking facility. 3.7.3 The exemption for an existing industrial building provided by this section shall be applied up to a maximum of 50 percent of the gross floor area before the first enlargement for which an exemption from the payment of development charges was granted pursuant to this By-law or any previous development charges by-law made pursuant to the Act or its predecessor legislation. Development charges shall be imposed in accordance with Schedule B with respect to the amount of floor area of an enlargement that results in the gross floor area of the industrial building being increased by greater than 50 percent of the total floor area of the existing industrial building. 3.7.4 For the purposes of this section, despite any new sites created which result in an existing industrial building being on a site separate from its enlargement or enlargements for which an exemption was granted under this section, further exemptions, if any, pertaining to the existing industrial building shall be calculated in accordance with section 3.7.2 on the basis of its site prior to any division. 3.8 Other Exemptions Notwithstanding the provision of this By-law, development charges shall not be imposed with respect to:  a hospital as defined under the Public Hospitals Act, R.S.O. 1990, c. P.40;  that portion of a Place of Worship that is exempt from taxation under the Assessment Act; and  a Farm Building. 3.9 Discounts for Rental Housing (for profit) Notwithstanding subsections 3.11 and 3.12, the Development Charges payable for Residential Development, where the Dwelling Units are intended for rented Residential Use, will be reduced based on the number of bedrooms in each Dwelling Unit as follows: (i) Three or more bedrooms – 25% reduction (ii) Two bedrooms – 20% reduction (iii) All other bedroom quantities – 15% reduction 3.10 Reduction of Development Charges with Respect to Redevelopment and Conversion Despite any other provision of this By-law, where, as a result of the redevelopment of land, a building or structure existing on the same land within 60 months prior to the date of payment of development charges in regard to such redevelopment was, or is to be demolished, in whole or in part, or converted from one principal use to another principal use on the same land, in order to facilitate the redevelopment, the development charges otherwise payable with respect to such redevelopment shall be reduced by the following amounts: a) in the case of a residential building or structure, or in the case of a mixed- use building or structure, the residential uses in the mixed-use building or structure, an amount calculated by multiplying the applicable development charge under subsection 3.11 of this by-law by the number, according to type, of dwelling units that have been or will be demolished or converted to another principal use; and provided that such amounts shall not exceed, in total, the amount of the development charges otherwise payable with respect to the redevelopment. b) in the case of a non-residential building or structure or, in the case of mixed-use building or structure, the non-residential uses in the mixed-use building or structure, an amount calculated by multiplying the applicable development charges under subsection 3.12 by the gross floor area that has been or will be demolished or converted to another principal use; provided that such amounts shall not exceed, in total, the amount of the development charges otherwise payable with respect to the redevelopment. Amount of Charges 3.11 Residential The development charges set out in Schedule B to this By-law shall be imposed on residential uses of lands, buildings, or structures, including a dwelling unit accessory to a non-residential use and, in the case of a mixed-use building or structure, on the residential uses in the mixed-use building or structure, including the residential component of a live/work unit, according to the type of residential unit, and calculated with respect to each of the services according to the type of residential use. 3.12 Non-Residential The development charges described in Schedule B to this By-law shall be imposed on non-residential uses of lands, buildings, or structures, and, in the case of a mixed-use building or structure, on the non-residential uses in the mixed-use building or structure, including the non-residential component of a live/work unit, and calculated with respect to each of the services according to the gross floor area of the non-residential use. Time of Calculation and Payment of Development Charges 3.13 Development charges imposed under this By-law are calculated, payable, and collected upon issuance of the first building permit for the development. 3.14 Notwithstanding subsections 3.13, development charges for rental housing and institutional developments are due and payable in 6 equal annual payments commencing with the first instalment payable on the earlier of the date the first occupancy permit is granted or the date of first occupancy, and each subsequent instalment, including interest calculated in accordance with subsection 26.3 of the Act. 3.15 Where the development of land results from the approval of a site plan or zoning by-law amendment received on or after January 1, 2020, and the approval of the application occurred within 18 months of building permit issuance, the development charges under subsections 3.11 and 3.12 shall be calculated on the rates set out in Schedule “B” on the date of the planning application, including interest in accordance with subsection 26.3 of the Act. Where both planning applications apply development charges under subsections 3.11 and 3.12 shall be calculated on the rates, including interest at a rate of the average prime rate plus 1% as defined by Section 26.3 of the Act, payable on the anniversary date each year thereafter, set out in Schedule “B” on the date of the later planning application, including interest. 3.16 Notwithstanding subsections 3.13 to 3.15 and in accordance with section 27 of the Act, Council from time to time, and at any time, may enter into agreements providing for all or any part of a development charge to be paid before or after it would otherwise be payable. 4. Payment by Services 4.1 Despite the payment required under subsections 3.13 to 3.16, Council may, by agreement, give a credit towards a development charge in exchange for work that relates to a service to which a development charge relates under this By-law. 5. Indexing 5.1 Development charges imposed pursuant to this By-law shall be adjusted annually, without amendment to this By-law, commencing on the 1st of January 1, 2026 and each year thereafter, in accordance with the prescribed index in the Act. 6. Schedules 6.1 The following schedules shall form part of this By-law: Schedule A – Components of Services and Classes of Services Designated in Subsection 2.1 Schedule B – Residential and Non-Residential Development Charges 7. Conflicts 7.1 Where the Municipality of Bayham and an owner or former owner have entered into an agreement with respect to land within the area to which this By-law applies, and a conflict exists between the provisions of this By-law and such agreement, the provisions of the agreement shall prevail to the extent that there is a conflict. 7.2 Notwithstanding subsection 7.1, where a development which is the subject of an agreement to which subsection 7.1 applies, is subsequently the subject of one or more of the actions described in subsection 3.4 (a), an additional development charge in respect of the development permitted by the action shall be calculated, payable and collected in accordance with the provisions of this By-law if the development has the effect of increasing the need for services, unless such agreement provides otherwise. 8. Severability 8.1 If, for any reason, any provision of this By-law is held to be invalid, it is hereby declared to be the intention of Council that all the remainder of this By-law shall continue in full force and effect until repealed, re-enacted, amended or modified. 9. Date By-law in Force 9.1 This By-law shall come into force and effect on the day of its passing. 10. Date By-law Expires 10.1 This By-law will expire at 12:01 AM on August 21, 2035 unless it is repealed by Council at an earlier date. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF AUGUST, 2025. ____________________________ _____________________________ MAYOR CLERK Schedule A To By-law No. 2025-051 Municipality of Bayham Components of Services Designated in Subsection 2.1 Municipal-Wide Services  Services Related to a Highway o Roads, Bridges, Culverts, Sidewalks, Streetlights o Public Works Facilities, Vehicles, and Equipment  Fire Protection Services o Facilities, Vehicles, and Equipment  Parks & Recreation Services o Parkland, Amenities, Trails, Facilities, Vehicles, and Equipment  Growth Studies Watson & Associates Economists Ltd. PAGE G-18 F:\Council\By-laws\2025\051 Bayham DC By-Law.docx Schedule B To By-law No. 2025-051 SCHEDULE OF DEVELOPMENT CHARGES NON-RESIDENTIAL Single and Semi- Detached Dwelling Multiples Apartments - 2 Bedrooms + Apartments - Studio and 1 Bedroom Special Care/Special Dwelling Units (per sq.ft. of Gross Floor Area) Municipal Wide Services/Class of Service: Services Related to a Highway 6,125 3,956 3,152 1,854 1,770 2.91 Fire Protection Services 2,876 1,857 1,480 871 831 1.37 Parks and Recreation Services 1,700 1,098 875 515 491 0.21 Growth Studies 702 453 361 212 203 0.33 Total Municipal Wide Services/Class of Services 11,403 7,364 5,868 3,452 3,295 4.82 Service/Class of Service RESIDENTIAL AMENDMENT NO. 40 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Lucien Dujardin 56149 Glen Erie Line The following text constitutes Amendment No. 40 to the Official Plan of the Municipality of Bayham OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2025-052, in accordance with Section 17 of the PLANNING ACT, on the 21st day of August 2025. MAYOR CLERK MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-052 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 40 to the Official Plan of the Municipality of Bayham is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make an application to the County of Elgin for approval of the aforementioned Amendment No. 40 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this 21st day of August 2025. MAYOR CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 40 1. PURPOSE The purpose of the Official Plan Amendment is to permit a new Large Scale Supplementary Farm Dwelling, alongside three existing Supplementary Farm Dwellings on the subject property. Currently, Section 2.1.11 states that Large Scale Supplementary Farm Dwellings may be permitted for temporary accommodation of seasonal farm labour subject to the policies set out in Section 2.1.11 and detailed below. 2. LOCATION The Official Plan Amendment will be applicable to lands known as Concession 1, Lot 19 and known municipally as 56149 Glen Erie Line. 3. BASIS OF THE AMENDMENT The subject lands are characterized as a farmed parcel with multiple farm accessory buildings, including three existing small scale supplementary farm dwellings. The subject lands are located at the southeast corner of the Glen Erie Line and Clarke Road intersection. The subject lands can be described as rectangular shaped lot with an approximate lot area of 19.6 hectares (48.5 acres), an estimated lot frontage of 414 metres (1,358 feet) along Glen Erie Line, and an estimated lot depth of 520 metres (1,706 feet). The subject lands are used primarily for cultivation of ginseng and tobacco. The surrounding lands are agricultural in all directions, with areas of woodland to the south and west. The Provincial Planning Statement, 2024 and the Elgin County Official Plan permits Large Scale Supplementary Farm Dwellings for the temporary accommodation of seasonal farm labour and this is further clarified within the Official Plan of the Municipality of Bayham in Section 2.1.11, where permitted under the following criteria: 1. a) Consideration of all criteria and policies for supplementary farm dwellings permitted by a minor variance; b) Demonstration that alternative locations for the accommodation in existing farm dwellings on lots in the same farm operation, in temporary accommodation, in settlement areas and other similar accommodation are not feasible and not appropriate for the intended accommodation; c) Identification of the potential off-site impacts related to noise, lighting, traffic, maintenance and operation of the site on the surrounding community and the identification of appropriate mitigation measures; and d) A location in the Municipality where the site and building design shall provide appropriate accommodation for the health and safety of seasonal farm labourers. 2. Large scale supplementary farm dwellings shall be for the temporary accommodation of seasonal farm labour. The accommodation shall be located in proximity to the farm building cluster. The site and buildings shall be subject to agreements with the Municipality for the maintenance, buffering, removal of structures and improvement and limitations on the period of seasonal occupancy. The Municipality may enact licensing bylaws to ensure the health and safety of the occupants. The application and supporting documentation has shown that the criteria above has been met and an appropriate Zoning By-law Amendment Application is being processed in conjunction with this application. The proposed new Large Scale Supplementary Farm Dwelling would be in conformity to the Official Plan. 4. DETAILS OF THE AMENDMENT a) Section 2.1.11 of the Official Plan of the Municipality of Bayham is hereby amended to add the following subsection: 2.1.11.5 Notwithstanding Section 2.1.11 the lands located in Concession 1, Lot 19, and municipally known as 56149 Glen Erie Line may be used, developed, and zoned to permit a Large Scale Supplementary Farm Dwelling in addition to the three existing Supplementary Farm Dwellings to house seasonal workers during the growing season being transported to and from leased farm parcels in the area. The proposed Large Scale Supplementary Farm building shall have a gross floor area maximum of 302m². The combined gross floor area of all Supplementary Farm Buildings, including the new Large Scale Supplementary Farm building and existing Supplementary Farm Dwellings may not exceed a maximum of 500m². AMENDMENT NO. 41 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: David and Leigh Vyn 11045 Bayham Norfolk Boundary Road The following text constitutes Amendment No. 41 to the Official Plan of the Municipality of Bayham OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2025-053, in accordance with Section 17 of the PLANNING ACT, on the 21st day of August 2025. MAYOR CLERK MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-053 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 41 to the Official Plan of the Municipality of Bayham is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make an application to the County of Elgin for approval of the aforementioned Amendment No. 41 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this 21st day of August 2025. MAYOR CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 41 1. PURPOSE The purpose of the Official Plan Amendment is to permit a new Large Scale Supplementary Farm Dwelling to replace one temporary Supplementary Farm Dwelling in the future, alongside one existing Supplementary Farm, on the subject property. Currently, Section 2.1.11 states that Large Scale Supplementary Farm Dwellings may be permitted for temporary accommodation of seasonal farm labour subject to the policies set out in Section 2.1.11 and detailed below. 2. LOCATION The Official Plan Amendment will be applicable to lands known as Concession 8, Lots 27 & 28 and known municipally as 11045 Bayham Norfolk Boundary Road. 3. BASIS OF THE AMENDMENT The subject lands are characterized as a farmed parcel with multiple farm accessory buildings, including and existing farm house dwelling and one existing small scale supplementary farm dwelling. The subject lands are located on the west side of Bayham Norfolk Boundary Road and the north side of Vincent Line; south-east of Eden. The subject lands can be described as an irregular shaped lot with an approximate lot area of 38 hectares (94 acres), an estimated lot frontage of 391 metres (1,283 feet) along Bayham Norfolk Road. The subject lands are used primarily for cultivation of flowers. The surrounding lands are agricultural in all directions, with Little Otter Creek running through a wooded area to the north. The Provincial Planning Statement, 2024 and the Elgin County Official Plan permits Large Scale Supplementary Farm Dwellings for the temporary accommodation of seasonal farm labour and this is further clarified within the Official Plan of the Municipality of Bayham in Section 2.1.11, where permitted under the following criteria: 1. a) Consideration of all criteria and policies for supplementary farm dwellings permitted by a minor variance; b) Demonstration that alternative locations for the accommodation in existing farm dwellings on lots in the same farm operation, in temporary accommodation, in settlement areas and other similar accommodation are not feasible and not appropriate for the intended accommodation; c) Identification of the potential off-site impacts related to noise, lighting, traffic, maintenance and operation of the site on the surrounding community and the identification of appropriate mitigation measures; and d) A location in the Municipality where the site and building design shall provide appropriate accommodation for the health and safety of seasonal farm labourers. 2. Large scale supplementary farm dwellings shall be for the temporary accommodation of seasonal farm labour. The accommodation shall be located in proximity to the farm building cluster. The site and buildings shall be subject to agreements with the Municipality for the maintenance, buffering, removal of structures and improvement and limitations on the period of seasonal occupancy. The Municipality may enact licensing bylaws to ensure the health and safety of the occupants. The application and supporting documentation has shown that the criteria above has been met and an appropriate Zoning By-law Amendment Application is being processed in conjunction with this application. The proposed new Large Scale Supplementary Farm Dwelling would be in conformity to the Official Plan. 4. DETAILS OF THE AMENDMENT a) Section 2.1.11 of the Official Plan of the Municipality of Bayham is hereby amended to add the following subsection: 2.1.11.6 Notwithstanding Section 2.1.11 the lands located in Concession , Lots 27 & 28, and municipally known as 11045 Bayham Norfolk Road may be used, developed, and zoned to permit a Large Scale Supplementary Farm Dwelling to replace one temporary Supplementary Farm Dwelling, in addition to the one existing Supplementary Farm Dwelling, to house seasonal workers during the growing season being transported to and from leased farm parcels in the area. The proposed Large Scale Supplementary Farm building shall have a gross floor area maximum of 550m². The combined gross floor area of all Supplementary Farm Buildings, including the new Large Scale Supplementary Farm building and the existing Supplementary Farm Dwellings may not exceed a maximum of 615m². THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z812-2025 DUJARDIN BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A”, Map 15 by changing the zoning symbol on the lands from “Agricultural (A1) Zone to a ‘Site Specific Agricultural (A1-51)’ Zone, which lands are outlined in heavy solid lines and marked “A1-51” on Schedule A, Map 15 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:   5.12.51.1 Defined Area   “A1-51” as shown on Schedule “A, Map 15” to this By-law.  5.12.51.2 Permitted Buildings and Structures Notwithstanding the provisions of Section 5.2, of this By-law, the following use shall be permitted: A maximum of four (4) Supplementary Farm Dwellings in the form of three (3) Supplementary Farm Dwelling and one (1) Large Scale Supplementary Farm Dwelling 5.12.51.3 Building Area for Supplementary Farm Dwellings The permitted Building Area for Supplementary Farm Dwellings shall be 302m² for the one (1) Large Scale Supplementary Farm Dwelling and a maximum total cumulative Gross Floor Area of 500m² for all four (4) Supplementary Farm Dwellings.   5.12.51.4 Minimum Front Yard Setback for Accessory Use Notwithstanding Sections 4.2 (b) and 5.8, the following shall be permitted for an existing Supplementary Farm Dwelling: A Front Yard Setback of 6.0m 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 Z812-2025 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. c) Where Official Plan Amendment No. 40 comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c.P.13, as amended. READ A FIRST TIME AND SECOND TIME THIS 21st DAY OF AUGUST, 2025. READ A THIRD TIME AND FINALLY PASSED THIS 21st DAY OF AUGUST, 2025. _____________________________ ____________________________ MAYOR CLERK Z812-2025 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z813-2025 VYN BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A”, Map 6 by changing the zoning symbol on the lands from “Agricultural (A1) Zone to a ‘Site Specific Agricultural (A1-52)’ Zone, which lands are outlined in heavy solid lines and marked “A1-52” on Schedule A, Map 6 to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 5.12 Exceptions – Agricultural (A1) Zone by adding the following clauses:   5.12.52.1 Defined Area   “A1-52” as shown on Schedule “A, Map 6” to this By-law.  5.12.52.2 Permitted Buildings and Structures Notwithstanding the provisions of Section 5.2, of this By-law, the following use shall be permitted: A maximum of two (2) Supplementary Farm Dwellings in the form of one (1) Supplementary Farm Dwelling and one (1) in the form of a temporary mobile home to be replaced in the future by one (1) Large Scale Supplementary Farm Dwelling 5.12.51.3 Building Area for Supplementary Farm Dwellings The permitted Building Area for Supplementary Farm Dwellings shall be 550m² for the one (1) Large Scale Supplementary Farm Dwelling and a maximum total cumulative Gross Floor Area of 615m² for all Supplementary Farm Dwellings.   5.12.51.4 Minimum Front Yard Setback for Accessory Use Notwithstanding Sections 4.2 (b) and 5.8, the following shall be permitted for existing Accessory Buildings: A Front Yard Setback of 9.0m to the existing Barn; and A Front Yard Setback of 12.0m to the existing Greenhouse 3) THIS By-law comes into force: Z813-2025 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. c) Where Official Plan Amendment No. 41 comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c.P.13, as amended. READ A FIRST TIME AND SECOND TIME THIS 21st DAY OF AUGUST, 2025 READ A THIRD TIME AND FINALLY PASSED THIS 21st DAY OF AUGUST, 2025 _______________________________ ___________________________ MAYOR CLERK Z813-2025 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WATERFRONT ADVISORY COMMITTEE MINUTES PORT BURWELL EAST BEACH & TRACKLESS LOUNGE 1 Robinson Street, Port Burwell ON & 56169 Heritage Line, Straffordville, ON Monday, July 21, 2025 5:00 p.m. PRESENT: CHAIR RAINEY WEISLER COMMITTEE MEMBERS MARNI WOLFE ASHLEY CARDINAL VAL DONNELL ED KETCHABAW *Ex-Officio STAFF ATTENDANCE: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS 1. CALL TO ORDER Committee Chair Weisler called the meeting to order at 5:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. DELEGATIONS 4. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S) A. Minutes of the Waterfront Advisory Committee Meeting held April 28, 2025 Moved by: Committee Member Donnell Seconded by: Committee Member Cardinal THAT the minutes of the Waterfront Advisory Committee Meeting held April 28, 2025 be approved as presented. CARRIED 5. MATTERS OF BUSINESS A. Memo WAC-09/25 re 2025 Beach Tour Moved by: Committee Member Wolfe Seconded by: Committee Member Cardinal THAT Memo WAC-09/25 re 2025 Beach Tour be received for information; 2 AND THAT the Waterfront Advisory Committee recommends to Council to have staff be directed to consult with the North Shore Resilience Working Group for dune grass location and post and rope. CARRIED The meeting recessed at 5:43 pm and resumed at 6:06 in the Trackless Lounge. B. Memo WAC-10/25 re Council Decisions – WAC Recommendations to Council Moved by: Committee Member Donnell Seconded by: Committee Member Cardinal THAT Memo WAC-10/25 re Outcomes of Recommendations to Council be received for information. CARRIED C. Memo WAC-11/25 re 2026-2035 Port Burwell East Beach / Pier Capital Items Moved by: Committee Member Wolfe Seconded by: Committee Member Donnell THAT Memo WAC-11/25 re 2026-2035 Port Burwell East Beach / Pier Capital Items be received for information; AND THAT the Waterfront Advisory Committee recommends to Council to consider the following:  Including all-gender washrooms, showers, change rooms and storage in FA-09  Relocating PR-06 to another location in Port Burwell  Directing staff to investigate options to streamline signage at the East Beach CARRIED 6. ADJOURNMENT Moved by: Committee Member Wolfe Seconded by: Committee Member Cardinal THAT the Waterfront Advisory Committee Meeting be adjourned at 6:58 p.m. CARRIED CHAIR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM MUSEUM ADVISORY COMMITTEE MINUTES MARINE MUSEUM 20 Pitt Street Port Burwell, ON Wednesday, July 23, 2025 5:00 p.m. PRESENT: CHAIR SUSAN CHILCOTT COMMITTEE MEMBERS ROY SULLIVAN DIANE SOPER ROBERT PONZIO ED KETCHABAW *Ex-Officio ABSENT: RON BRADFIELD STAFF ATTENDANCE: CLERK MEAGAN ELLIOTT PLANNING COORDINATOR/DEPUTY CLERK MARGARET UNDERHILL CURATOR JENNIFER BEAUCHAMP 1. CALL TO ORDER Chair Chilcott called the meeting to order at 5:20 pm. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. DELEGATIONS A. Jennifer Beauchamp, Curator re Accessioning Artifacts Moved by: Committee Member Sullivan Seconded by: Committee Member Ponzio THAT the delegation by Jennifer Beauchamp, Curator re Accessioning Artifacts be received for information. CARRIED 4. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S) A. Minutes of the Museum Advisory Committee Meeting held April 30, 2025 Moved by: Committee Member Ponzio Seconded by: Committee Member Soper THAT the minutes from the Museum Advisory Committee Meeting held April 30, 2025 be approved as presented. CARRIED 2 5. MATTERS OF BUSINESS A. Curator Monthly Reports: April, May, June 2025 Moved by: Committee Member Soper Seconded by: Committee Member Sullivan THAT the Curator Monthly Reports: April, May, June 2025 be received for information. CARRIED B. Student Monthly Reports: May & June 2025 Moved by: Committee Member Ponzio Seconded by: Committee Member Sullivan THAT the Student Monthly Reports: May & June 2025 be received for information. CARRIED 6. ADJOURNMENT Moved by: Committee Member Sullivan Seconded by: Committee Member Ponzio THAT the Museum Advisory Committee Meeting be adjourned at 6:04 p.m. CARRIED CHAIR CLERK ADVISORY BOARD & COMMITTEE RESOLUTION Date: August 21, 2025 To: Mayor & Members of Council From: Waterfront Advisory Committee Subject: Recommendations from July 21, 2025 WAC Meeting The Waterfront Advisory Committee respectfully requests the following motions be considered by the Council of the Municipality of Bayham: Moved by: Committee Member Wolfe Seconded by: Committee Member Cardinal THAT Memo WAC-09/25 re 2025 Beach Tour be received for information; AND THAT the Waterfront Advisory Committee recommends to Council to have staff be directed to consult with the North Shore Resilience Working Group for dune grass location and post and rope. Moved by: Committee Member Wolfe Seconded by: Committee Member Donnell THAT Memo WAC-11/25 re 2026-2035 Port Burwell East Beach / Pier Capital Items be received for information; AND THAT the Waterfront Advisory Committee recommends to Council to consider the following:  Including all-gender washrooms, showers, change rooms and storage in FA-09  Relocating PR-06 to another location in Port Burwell  Directing staff to investigate options to streamline signage at the East Beach THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-054 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD AUGUST 21, 2025 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of The Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the Council meeting held August 21, 2025 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 21st DAY OF AUGUST, 2025. ____________________________ _____________________________ MAYOR CLERK