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11 10 2011 Council AgendaTHE TOWNSHIP OF ORO- MEDONTE Page 1 of 103 COUNCIL MEETING AGENDA COUNCIL CHAMBERS Toumslrip of , Wednesday, November 10, 2010 Proud Heritage, Exciting Future 6 :00 p.m. e Page 1. CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION: 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda 3. DISCLOSURE OF PECUNIARY INTEREST: 4. MINUTES OF COUNCIL: a) Minutes of Council meeting held on October 13, 2010 5. MINUTES OF COMMITTEES: a) Minutes of Committee of the Whole meeting held on Wednesday, November 3, 2010 6. RECOGNITION OF ACHIEVEMENTS: 5 a) Correspondence dated October 20, 2010 from Carol and John Derkson, re: Donation to Oro - Medonte Firefighters Association. 7. PUBLIC MEETINGS: a) 7:00 p.m. Proposed Amendment to the Zoning By -law, 2010- ZBA -12, Applies to all General Commercial (GC) and Economic Development (ED) Zoned Lands within the geographic boundaries of the Township or Oro- Medonte. 8. DEPUTATIONS: None. 9. REPORTS OF MUNICIPAL OFFICERS: ' 6 -7 a) Memorandum dated November 4, 2010 from Robin Dunn, Chief Administrative Officer, re: Revised 2011 Budget Deliberation Timelines. 8 -10 b) Report No. CAO 2010 -11, Robin Dunn, Chief Administrative Officer, re: Community Outreach — Township News Page [to be distributed at the meeting]. 11 -13 c) Report No. DS2010 -056, Andria Leigh, Director of Development Services, re: Mandatory Septic Maintenance Inspection Program. Page 1 of 103 Council Agenda - Wednesday, November 10, 2010 Page 9. REPORTS OF MUNICIPAL OFFICERS: 14 -18 d) Report No. DS2010 -057, Andria Leigh, Director of Development Services, re: General Zoning By -law Amendment — Motor Vehicle Storage Yard and Wrecking Yard - Township of Oro - Medonte. 19 -22 e) Report No. DS2010 -058, Andria Leigh, Director of Development Services, re: Site Plan Agreement 2008 - SPA -12 (1628004 Ontario Inc.) Part Lot 11, Concession 7, Oro, PT RDAL BTN LTS 10 & 11, Concession 7, Oro, as closed by R0636236 & R0636237, Part 3, 51 R- 24873, Oro - Medonte (Former Township of Oro) [refer to Items 15 e) and f)] . 23 -31 f) Memorandum dated November 10, 2010 from Andria Leigh, Director of Development Services, re: Consideration of Draft Plan Conditions for Lake Simcoe Aeropark Inc. Plan of Subdivision 2008 - SUB -02, Part of Lots 18 and 19, Concession 8, (Oro) Line 7 North [to be distributed at the meeting]. 32 -43 g) Report No. RC2010 -24, Shawn Binns, Director of Recreation and Community Services, re: By -Law to Permit Off -Road Vehicles to Utilize Specific Municipal Roads to Access Lake Simcoe for Winter Recreational Purposes [to be distributed at the meeting]. 44 -46 h) Report No. RC2010 -25, Shawn Binns, Director of Recreation and Community Services, re: Request for Exemption - Moonstone Santa Claus Parade. 10. REPORTS OF MEMBERS OF COUNCIL: a) Mayor H.S. Hughes, re: Use of Trailers /Containers for Storage. 11. CONSENT AGENDA: 47 -54 a) Draft Minutes of Severn Sound Environmental Association meeting held on October 21, 2010 and "The Key to Keeping Our Water Healthy, An Overview of SSEA Water Quality Monitoring Programs ". Staff Recommendation: Receive. 55 b) Correspondence dated October 31, 2010 from Sean Levison, President, Simcoe County Chapter or Crohn's and Colitis Foundation of Canada, re: Proclamation of November as Crohn's & Colitis Awareness Month. Staff Recommendation: Receive. 12. COMMUNICATIONS: 56 a) Correspondence dated November 2, 2010 from Terry Ruffell, President HVPOA, re: Re- naming of 4th Line Park. 13. NOTICE OF MOTIONS: None. Page 2 of 103 Council Agenda - Wednesday, November 10, 2010 Page 14. CLOSED SESSION ITEMS: a) Motion to go In Closed Session b) Motion to Rise and Report c) Robin Dunn, Chief Administrative Officer, re: Aquisition /disposition of land (Pine Ridge). d) Robin Dunn, Chief Administrative Officer, re: Litigation affecting the municipality (NVCA 2009 Levy). e) Andria Leigh, Director of Development Services, re: Litigation affecting the municipality (OMB Appeal - Cameron Van Amelsvoort). f) Andria Leigh, Director of Development Services, re: Litigation affecting the municipality (Lambert). g) Robin Dunn, Chief Administrative Officer, re: Personal matters about an identifiable individual (Fire & Emergency Services). 15. BY -LAWS: 57 -64 a) By -Law No. 2010 -176 A By -law to Authorize the Execution of An Agreement Between The Corporation of the Township of Oro - Medonte and Harold John Regan and Susanne Marie Regan. 65 -70 b) By -Law No. 2010 -177 Being a By -Law to Authorize the Issuance of the Certificate of Substantial Completion and Acceptance (Municipal Underground Services) for Moss Developments Ltd. (Country Lane Estates), Plan 51 M -946. 71 c) By- Law No. 2010 -178 Being a By -law to amend By -law 97 -95 to incorporate new definitions for Wrecking Yard and Motor Vehicle Storage Yard and the additional Permitted Uses in Table A2 — Commercial Zones and Table A3- Industrial Zones. ..72 -83 d) By -Law No. 2010 -179 Being a By -Law to Authorize the Execution of the Agreement Between The Corporation of the Township of Oro - Medonte and Her Majesty the Queen in Right of Canada, as represented by The Minister of Public Works and Government Services (Canadian General Standards Board). 84 -96 e) By -Law No. 2010 -180 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and 1628004 Ontario Inc. described as lands as follows: Part Lot 11, Concession 7, Oro, PT RDAL BTN LTS 10 & 11, Concession 7, Oro, as closed by RO636236 & Page 3 of 103 Council Agenda - Wednesday, November 10, 2010 Page 15. BY -LAWS: R0636237, Part 3, 51R-24873, Oro - Medonte Being all of PIN 58536 -0114 (LT) Roll # 4346 -010- 003 -26320 (1628004 Ontario Inc.) Township of Oro- Medonte, County of Simcoe. 97 -98 f) By -Law No. 2010 -181 A By -law to remove the Holding symbol applying to lands located at Part Lot 11, Concession 7, Oro, PT RDAL BTN LTS 10 & 11, Concession 7, Oro, as closed by R0636236 & R0636237, Part 3, 51 R- 24873, Oro - Medonte Being all of PIN 58536 -0114 (LT) Roll # 4346- 010 - 003 -26320 (1628004 Ontario Inc.). 99 -100 g) By -Law No. 2010 -183 A By -law to Repeal By -law 2010 -134 and to remove the Holding symbol On lands described as follows: Part of PCL 1 -21 SEC 51- ORO -4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by R0659014; Being Part 2,3 &5 Plan 51R-37085 Township of Oro - Medonte, County of Simcoe Roll # 4346- 010 - 002 - 30010, 4346 -010- 002- 30020, 4346- 010 - 002 - 30030. 101 -102 h) By -Law No. 2010 -184 A By -law to remove the Holding symbol On lands described as follows: Part of PCL 1 -21 SEC 51- ORO-4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by R0659014; Being Part 4 Plan 51R-37085 Township of Oro - Medonte, County of Simcoe Roll # 4346- 010 -002- 30040. 16. CONFIRMATION BY -LAW: 103 a) By -Law No. 2010 -182 Being a By -Law to confirm the proceedings of the Council Meeting held on Wednesday, November 10, 2010. 17. ANNOUNCEMENTS OF INTEREST TO THE PUBLIC: 18. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 19. ADJOURNMENT: a) Motion to Adjourn Page 4 of 103 6a) - Correspondence dated October 20, 201 If X Z7 4:7 0. Ir 7, z7ir, :7n Page 5 of 103 9a) - Memorandum dated November 4, 2010 fr... cYtco-Z01_%)&w&1 Pi-oud Heritage, Exciting Future To: Mayor Hughes and Members of Council cc: Senior Management Team From: Robin Dunn, CAO R.M. File #: Date: November 4, 2010 Roll #: Subject: Revised 2011 Budget Deliberation Timelines At its meeting of July 14, 2010, Council received memorandum correspondence identifying a Proposed 2011 Budget Deliberation Timeline. At its meeting of September 1, 2010, Council received memorandum correspondence identifying an Updated 2011 Budget Deliberation Timeline. The Township has now received correspondence from the County of Simcoe which has revised the 2011 Budget Deliberation Timeline. The following outlines the revised dates for undertaking the 2011 budget deliberations. 2011 Operating and Capital Budget Deliberations November 19, 2010 Council- Elect/SMT Meeting Procedures Training 9:00 a.m. — 3:00 p.m. November 24, 2010 Council -Elect Orientation 9:00 a.m. — 2:00 p.m. December 8, 2010 Council meeting to commence at 3:30 p.m. Financial Overview & High level Briefing Distribution of 2011 Budget Package December 15, 2010 Council meeting to commence at 9:00 a.m. 2011 Departmental Operating /Capital Presentations December 20, 2010 Special Council Meeting to commence at 9:00 a.m. 2011 Departmental Operating /Capital Presentations January 6, 2010 Special Council Meeting to commence at 1:00 p.m. Recap and Next Steps with Council /SMT Page 6 of 103 9a) - Memorandum dated November 4, 2010 fr... January 12, 2011 Council meeting to commence at 1:00 p.m. Outside Boards /Agencies Delegations January 19, 2011 Committee of the Whole Meeting to commence at 9:00 a.m. 2011 Operating /Capital Q &A Budget Deliberations Option for Ratification January 26, 2011 Council Meeting to commence at 1:00 p.m. (if required) 2011 Operating /Capital Q &A Budget Deliberations Respectfully, Robi Dunn, C.E.T., PAdm, M.A. Chief Administrative Officer -2- Page 7 of 103 9b) - Report No. CAO 2010 -11, Robin Dunn, (Ab-)I REPORT f�ra�r�n 091 Proud Heritage, Exciting Future Report No. CAO 2010 -11 To: Council Prepared By: Samah Othman Meeting Date: November 10, 2010 Subject: Community Outreach: Township News Page Motion # Roll #: R.M.S. File #: I __7 RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. THAT Report No. CAO 2010 -11 be received and adopted; 2. AND THAT staff be authorized to release the Request for Quotation — CAO 2010 -01 Community Outreach: Township News Page; 3. AND FURTHER THAT staff report back to Council with the results of the Request for Quotations after November 30, 2010. BACKGROUND: Since 2003, the Township of Oro - Medonte has been consistently publishing a bi- monthly Township News Page with the North Simcoe Community News. The Township News Page has been a venue to advertise six times per year to residents of Oro - Medonte and Severn the Township's special events, current updates, and more recently, the Mayor and Council's Timely Topics. The North Simcoe Community News is delivered to a majority of homes and businesses within Oro - Medonte and Severn Townships six times a year. The total circulation is currently 16,000 with 1,000 copies being distributed to resort areas and selected stores. The resort areas include Horseshoe Valley, Mount St. Louis; Lake Couchiching as well as Port Stanton. In an effort to heighten the Township's community outreach by enhancing communication to our residents and local businesses, it is important to more effectively inform our community with a boarder cross section of municipal information and notices such as, job postings, tenders and public meeting notices on a consistent basis. Introduction of a monthly Township News Page will act as an extension of the information that is communicated in the North Simcoe Community News. Corporate Communications November 10, 2010 Report No. CAO 2010 -11 Page 1 of 3 Page 8 of 103 9b) - Report No. CAO 2010 -11, Robin Dunn,... ANALYSIS:�� The Community Outreach Township News Page is an opportunity to supplement the North Simcoe Community News and enhance the Township's external communication, while offering increased opportunities to advertise classified ads together with potentially reducing corporate advertising expenditures. Since the Township of Oro - Medonte is one of the largest municipalities geographically in Simcoe County, we are challenged with ensuring that our message is covered evenly Township -wide and receives the same level of exposure. With the City of Barrie and City of Orillia bordering the Township, the Township's messages may be expanded by including the Township News Page in a paid subscription media group, in conjunction with the North Simcoe Community News. An analysis of the Township's advertising expenditures has been reviewed since 2009. In addition to the North Simcoe Community News, the Township has incurred approximately $50,000 in a two (2) year period in corporate advertising costs related to classified ads, tenders and public notices. By establishing a consistent venue for advertising, the advertising costs may be significantly reduced corporately. The Request for Quotation process seeks quotes from local newspapers to provide advertising services for the Township News Page to publicize information updates, meetings, events and notices as required. Township staff will provide content on a monthly basis with the news page to be professionally presented, published monthly and has a circulation that includes Township of Oro - Medonte residents, businesses and our surrounding communities. The intent is to commit to a one (1) year contract with an annual assessment of the impact and value of the Township News Page, conducted by Township staff at the end of 2011. FINANCIAL: Excluding advertising costs for the North Simcoe Community News, the 2009 and 2010 corporate advertising expenditures were approximately $25,000 per year. By establishing a venue to advertise job postings, tenders and meeting notices in a paid subscription media group newspaper(s), it will potentially allow for net savings of approximately $5000.00 per year. POLICIESILEGISLATION: By -Law No. 2004 -112 Purchasing and Tendering Procedures CONSULTATIONS: Senior Management Team Corporate Communications. November 10, 2010 Report No. CAO 2010 -11 Page 2 of 3 Page 9 of 103 9b) - Report No. CAO 2010 -11, Robin Dunn,... ATTACHMENTS: �3 N/A LINKAGE TO COUNCIL MANDATE AND CUSTOMER SERVICE: The recommendations included in this staff report support Council's Mandate and the Township's Customer Service Visions and Values. Vision: Our Customers Our customers trust that we provide services in a manner to recognize the individual interest of the citizen while serving the greater good. Core Values Optimum Service - Provide quality and timely service in a friendly manner Opportunity - Go the extra distance Determination — Achieve best results Efficient - Continually improve the quality of our service provided CONCLUSION: The Community Outreach Township News Page represents the opportunity to enhance the Township's profile and communication with its residents and businesses while potentially reducing advertising costs across the corporation. It is recommended that staff be authorized to release the Request for Quotation CAO 2010 -01 Community Outreach: Township News Page and bring forward a recommendation for Council's consideration after November 30, 2010. Respectfully sub itted: j: Samah Othriian Corporate Communications Specialist SMT Approval / Comments: I C.A.O. Approval / Comments: Corporate Communications November 10, 2010 Report No. CAO 2010 -11 Page 3 of 3 Page 10 of 103 9c) - Report No. DS2010 -056, Andria Leigh,... REPORT T��� ^* Proud Heritage, Exciting Future Report No. DS2010 -056 To: Council Prepared By: Kim Allen Meeting Date: Nov. 1012010 Subject: Mandatory Septic Maintenance Inspection Program Motion # Roll #: R.M.S. File #: I RECOMMENDATION(S): Requires Actions For information Only( It is recommended that: 1. Report DS2010 -056 be received and adopted; and 2. That the program be brought forward during the 2011 Budget process BACKGROUND: The Building Code has recently been amended by Ontario Regulation 315/10 to govern mandatory on -site sewage system maintenance inspection programs to be administered by the Municipality. The amendments also govern discretionary on -site sewage system maintenance inspection programs established by a municipality. These amendments help to protect Ontario's drinking water and the natural environment and support the Clean Water Act 2006 and the Lake Simcoe Protection Plan. ANALYSIS: The new regulation requires the municipality to administer the mandatory sewage maintenance inspections within their area of jurisdiction. The geographic areas where inspections will be required and the time frames within which inspections must be carried out are defined in this regulation. Inspections of on -site sewage systems will be required in the following areas of our Municipality. DEPARTMENT Nov. 10/2010 Report No. DS2010 -056 Page 1 of 3 Page 11 of 103 9c) - Report No. DS2010 -056, Andria Leigh,... 1. In areas located within 100 metres of the Lake Simcoe Shoreline and within 100 metres of other lakes or ponds and permanent rivers or streams in the Lake Simcoe Watershed. 2. In vulnerable areas located in source protection areas as identified through the Source Protection Plan of the Clean Water Act. Inspections must be carried out within the following time frames. Areas within 100 metres of Lake Simcoe Shoreline and vulnerable areas defined under the Clean Water Act would be required within 5 years starting January 1, 2011 and every 5 years after. The balance of the areas within 100 metres of lakes, ponds and streams within the Lake Simcoe Watershed will be required to be inspected within 5 years startingJanuary 1, 2016 and every 5 years thereafter. Additional provisions of the regulation allows for discretionary sewage maintenance inspection program to be implemented by the municipality on areas not mandated in the regulation. This would allow the municipality to make the program Township wide. It is the opinion of staff that because of the geographic nature of the Township with most of the water flowing from the top end of the Township toward Lake Simcoe that Council considers making this a Township wide program. FINANCIAL: When the new regulations come into effect there will be additional financial burdens on the Building Division. These additional expenditures will be addressed in the 2011 budget process. POLICIES /LEGISLATION: Ontario Clean Water Act Ontario Building Code 2006 Lake Simcoe Protection Act DEPARTMENT Report No. DS2010 -056 Nov. 10/2010 Page 2 of 3 Page 12 of 103 9c) - Report No. DS2010 -056, Andria Leigh,... CONSULTATIONS: ATTACHMENTS: CONCLUSION: Based on preliminary mapping the required reinspection areas will include a large portion of properties located within The Lake Simcoe Watershed and numerous properties in the vulnerable areas. The intent of the new regulations is to protect our drinking water and enhance the protection of the natural environment. With this in mind staff recommends that Council considers making this a Township wide program. Respectfully submitted: �i Kim Allen CBO SMT Approval f Comments: C.A.O. Approval 1 Comments: DEPARTMENT Nov. 1012010 Report No. DS2010 -056 Page 3 of 3 Page 13 of 103 9d) - Report No. DS2010 -057, Andria Leigh,... Proud Heritage. Exciting Future Report No. DS2010 -057 To: Council - - - - - - -- - - - - - - -- Prepared By: Andria Leigh Meeting Date: Subject: Motion # November 10, 2010 General Zoning By -law Amendment — Motor Vehicle Roll #: R.M.S. File #: Storage Yard and Wrecking Yard - Township of Oro- D14 41013 Medonte RECOMMENDATION(S): Requires Action I X I For Information Only( It is recommended: 1. THAT Report DS 2010 -057 be received and adopted; 2. THAT Zoning By -law Amendment Application 2010- ZBA -12 for the Township of Oro- Medonte, be approved; and 3. THAT the Clerk bring forward the appropriate By -law for Council's consideration. BACKGROUND: The purpose of this report is to review proposed amendments to the Comprehensive Zoning By- law 97 -95. These amendments propose the addition of two definitions for "Motor Vehicle Storage Yard" and 'Wrecking Yard" and also propose the zones in which such uses would be permitted or not permitted throughout the municipality. On October 13, 2010 an information meeting was held at the Council meeting to discuss the draft zoning amendment, at which time various parties provided input to the draft amendment; generally those in attendance were supportive of the drafted amendment. The majority of issues being raised during that meeting were related to the potential licensing which is a separate matter to be addressed by the Clerk in 2011, ANALYSIS: In order to consider the proposed amendments to the Township's Zoning By -law, a statutory Public Meeting under the provisions of Section 34 of the Planning Act is required to be held. As the proposed amendments apply to two zones and a significant number of properties within the Township, the Planning Act permits a general advertisement in the local newspapers in lieu of a general direct mailing to all affected owners (as well as those within 120 metres). Notice of the Public Meeting was advertised in the Orillia, Barrie, and Midland newspapers on October 21, DEVELOPMENT SERVICES November 10. 2010 Report No. DS2010 -057 Page 1 of 5 Page 14 of 103 9d) - Report No. DS2010 -057, Andria Leigh,... 2010 and was also posted on the Township's website. The Public Meeting is scheduled to be held on November 10, 2010. It is recognized that staff are recommending the adoption of the proposed zoning by -law amendment by Council on the same evening as the Public Meeting. As stated above, an information meeting regarding the draft zoning by -law amendment was held in October 2010 and therefore additional input which would necessitate a revision to the proposed zoning by -law amendment is not anticipated. Should additional submissions be received at the Public Meeting which necessitate revisions to the draft by -law amendment, staff will be recommending to Council that consideration of the draft amendment be deferred to address any additional comments received. FINANCIAL: ivut dppucduie. POLICIES /LEGISLATION: Township_of _Oro- Medonte Official Plan: The proposed general zoning amendment would be applicable to properties within the General Commercial (GC) and Economic Development (ED) Zones. Properties within these two zone classifications would typically be designated Commercial or Industrial respectively and would conform with the permitted uses within these designations. On this basis the proposed amendment would generally conform with the Township's Official Plan. Zoning By -law 97 -95: The proposed amendment would apply to both the General Commercial (GC) Zone and the Economic Development (ED) Zone. In addition definitions for Motor Vehicle Storage Yard and Wrecking Yard would be added to the definitions currently contained in the Comprehensive Zoning By -law 97 -95, as amended. Special provisions restricting the number of storage yards to one per property and a maximum lot coverage of 20% are also proposed in the amending by- law. Countv Official Plan In analyzing this Zoning By -law Amendment application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. The policies provide for commercial type uses which meet the needs of the travelling public in area designated Rural in the County plan. The proposed locations in the Township would be located within the County's Rural designation and would be considered to generally conform. At the time of consideration of any Site Plan applications, consideration would be given to the policies in the County's Official Plan which assess the general design and layout of proposed developments. It is staff's opinion that the proposed amendment generally conforms to the policies of both County Official Plans (approved and adopted). Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS requires municipalities to provide for an appropriate range and mix of employment uses. The DEVELOPMENT SERVICES November 10, 2010 Report No. DS2010 -057 Page 2 of 5 Page 15 of 103 9d) - Report No. DS2010 -057, Andria Leigh,... proposed zoning amendment would expand the current permitted uses in the General Commercial (GC) and Economic Development (ED) zones and provide the ability to provide convenient access for residents to compounds should the vehicle be in a position where it is required to be towed within the municipality. The proposed Amendment to the ,Zoning By -law which would expand the permitted uses in the General Commercial (GC) and Economic Development (ED) Zones is considered to be consistent with the Provincial Policy Statement. Places to Grow The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In Policy 2.2.9 - Rural Areas there are provisions that allow for development to occur in rural areas which provides a diverse mix of land uses, and range and mix of employment uses. As stated above, the proposed amendment would expand the range of uses currently permitted in these commercial and industrial zones and would be considered to generally conform with the Place to Grow legislation. CONSULTATIONS: None ATTACHMENTS: Attachment 1: Proposed Zoning By -law Amendment CONCLUSION: The Zoning Amendment application proposes general amendments to the Township's Zoning By -law that would include definitions for motor vehicle storage compounds and wrecking yards and would identify the zones in which such uses would be permitted. The proposed Zoning By -law Amendment conforms to the general intent of the Official Plan and the provisions of the Zoning By -law. On this basis, it is recommended that Zoning By -law Amendment Application 2010- ZBA -12 be approved and adopted by Council. The Zoning By -law Amendment is attached for the Council's reference. Respectfully submitted: Andria Leigh, MCIP, RPP Director of Development Services SMT Approval / Comments: I C.A.O. Approval / Comments: DEVELOPMENT SERVICES November 10, 2010 Report No. DS2010 -057 Page 3 of 5 Page 16 of 103 9d) - Report No. DS2010 -057, Andria Leigh,... Attachment #1 — Zoning By -law Amendment (201Q- ZBA -12) ZONING BY -LAW AMENDMENT THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY- LAW NO. 2010 -0178 Being a By law to amend Bylaw 97 -95 to incorporate new definitions for Wrecking Yard and Motor Vehicle Storage Yard and the additional Permitted Uses in Table A2 — Commercial Zones and Table A3- Industrial Zones WHEREAS it is considered desirable to control development within the Township of Oro - Medonte in accordance with the Official Plan and to prohibit the use of land and the erection and use of buildings or structures except for certain purposes, and to regulate the type of construction and the height, bulk, location, size, floor area, character and use of buildings in accordance with the provisions of Section 34 of the Planning Act, R.S.O. 1990 c.P. 13 as amended; AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13. AND WHEREAS the passage of such a by -law will conform with the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. That By -law 97 -95, as amended is hereby further amended as follows: (i) THAT "Section 6.0 — Definitions" is amended by adding the definition of MOTOR VEHICLE STORAGE YARD as follows: "MOTOR VEHICLE STORAGE YARD means land, building, or structure or part thereof used for the temporary storage of impounded or towed vehicles within a secure area which is fenced and gated or inside a building and where a storage fee is charged and may include property held under police or other government authority." (ii) THAT "Section 6.0 — Definitions" is amended by adding the definition of WRECKING YARD as follows: "WRECKING YARD means a place where motor vehicles are wrecked or dismantled and resold." (iii) THAT "Table A2 — Commercial Zones Permitted Uses" is hereby amended by adding "Motor Vehicle Storage Yard" as a permitted use in the General Commercial (GC) Zone. (iv) THAT "Table A3 — Industrial Zones Permitted Uses" is hereby amended . by adding "Motor Vehicle Storage Yard" as a permitted use in the Economic Development (ED) Zone. DEVELOPMENT SERVICES November 10, 2010 Report No. DS2010 -057 Page 4 of 5 Page 17 of 103 9d) - Report No. DS2010 -057, Andria Leigh,... 2. That Table B2 — Standards for Commercial Zones is amended by adding the following "Special Provisions" as follows: (1) That no more than one Motor Vehicle Storage Yard is permitted in a General Commercial (GC) Zone. That the maximum lot coverage of a Motor Vehicle Storage Yard is 20% 3. That Table B3 — Standards for Industrial Zones is amended by adding the following "Special Provisions" as follows: (1) That no more than one Motor Vehicle Storage Yard is permitted in an Economic Development (ED) Zone. That the maximum lot coverage of a Motor Vehicle Storage Yard is 20% 4. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY OF NOVEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin DEVELOPMENT SERVICES November 10, 2010 Report No. DS2010 -057 Page 5 of 5 Page 18 of 103 9e) - Report No. DS2010 -058, Andria Leigh,... REPORT ?"c I of Proud Heritage, Exciting Future Report No. To: Council Prepared By: DS 2010 -058 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Site Plan Agreement Motion # November 10, 2010 2008 -SPA -12 (1628004 Ontario Inc.) Part Lot 11, Concession 7, Roll #: R.M.S. File #: 4346 -010- 003 -26320 Oro, PT RDAL BTN LTS 10 & 11, Concession 7, Oro, as D11 38683 closed by R0636236 & R0636237, Part 3, 51 R- 24873, Oro- Medonte Former Township of Ora I RECOMMENDATION(S): Requires Actions For Information Onlyn It is recommended: 1. THAT Report No. DS 2010 -058 be received and adopted. 2. THAT the Township of Oro - Medonte enters into a Site Plan Agreement with 1628004 Ontario Inc. to permit only a composting /wood chipping operation with accessory weigh scales and workshop. 3. THAT the Clerk prepare a By -law for Council's consideration to remove the Holding Symbol from lands described as Part Lot 11, Concession 7, Oro, PT RDAL BTN LTS 10 & 11, Concession 7, Oro, as closed by R0636236 & R0636237, Part 3, 51 R -24873 4. THAT the Clerk prepares a By -law for Council's consideration to enter into a Site Plan Agreement with 1628004 Ontario Inc. 5. AND THAT the owner be notified of Council's decision. BACKGROUND: The applicant has submitted a site plan application to permit a composting /wood chipping operation with accessory weigh scales and workshop. The property is zoned Mineral Aggregate Resource Two Exception 93 Hold (MAR2 *93(H)) Zone and is designated in the Official Plan as Mineral Aggregate Resources — Potential and Oro- Moraine Core /Corridor Area. The requirement for the applicant to enter into a Site Plan Agreement was part of the Ontario Municipal Board decision dated March 20, 2008. ANALYSIS: The subject lands are designated "Mineral Aggregate Resources Potential and Oro- Moraine Core /Corridor Area." by the Official Plan. The subject lands are located on the east side of Line 6 N, north of Old Barrie Road , being Part Lot 11, Concession 7, (Oro). The proposed use is conformity with the Mineral Aggregate Resources- Potential and Oro - Moraine Core /Corridor Area of the Official Plan DEVELOPMENT SERVICES Meeting Date November 10, 2010 Report No. DS 2010 -058 Page 1 of 4 Page 19 of 103 9e) - Report No. DS2010 -058, Andria Leigh,... The subject lands are zoned Mineral Aggregate Resource Two Exception 93 (MAR2 *93(H)) Holding Zone. The subject lands had Official Plan and Zoning By -law Amendment applications appealed to the Ontario Municipal Board (OMB). The requirement for a Site Plan Agreement was included in the decision of the OMB. Within the order from the OMB the following were to be incorporated within the Site Plan Agreement: (1) the requirement for a 5 metre berm, which was to be covered by wood chips, (2) the owner is required to carry out an acoustical audit, in order to ensure compliance with MOE guidelines for any equipment used on site. The owner was also required that if Doppstadt DW 3060 and AK 600 wood chippers are utilized on site, the sound emissions are equal to or less than the sound emissions levels in compliance with the August 2007 acoustical report prepared by Comco Petroleum Management. (3) The owner is to installed the appropriate truck traffic warning signs as determined in the County's agreement which asks truck drivers to refrain from using engine breaks and which warn drivers of upcoming entrance way to the site, (4) the owner has agreed to limit the use of the wood chipping to between 7 am and 5 pm, Monday to Friday and to between 8 am and noon on Saturday with such agreement being included within the Site Plan Agreement or as Conditions of the Certificate of Approval or both. (5) the owner is required to enter into a separate agreement with the County of Simcoe, which would include but not limited to, the access driveway on the site, closure of the driveway connection with the adjacent aggregate operation. The applicant has since met these requirements, which has been reviewed and approved by the Township's consulting engineer AECOM. The Township has received a clearance letter from the County of Simcoe Transportation and Engineering Department dated November 3, 2010, stating that the conditions of approval have been satisfied. Staff feels that the application is now appropriate to enter into a Site Plan Agreement with the Township. The owners have also obtained a provisional certificate of approval from the Ministry of Environment, which only allows for the site to only be used as a composting /wood chipping operation with an accessory weigh scales and workshop. As the proposed use in is compliance with the OMB decision the proposed use is in compliance with the MAR2 *93 (H) Zone. FINANCIAL: N /A. POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan and Zoning By -law 97 -95 The Planning Act, Section 36 and 41 Ontario Municipal Board Decision: Issued March 20, 2008 CONSULTATIONS: Township Staff AECOM Engineers County of Simcoe ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Agreement DEVELOPMENT SERVICES Meeting Date November 10, 2010 Report. No, DS 2010 -058 Page 2 of 4 Page 20 of 103 9e) - Report No. DS2010 -058, Andria Leigh,... CONCLUSION: The purpose of this application is to consider a site plan application to permit a composting /wood chipping operation with accessory weigh scales and workshop on the subject lands. It is recommended that Site Plan Application 2008 - SPA -12 applying to the subject lands be approved. Respectfully su mitted: Steve h rson, B.URPL Intermediate Planner Reviewed by�:,,� Glenn White, MCIP, RPP Manager of Planning Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVICES Meeting Date November 10, 2010 Report No. DS 2010 -058 Page 3 of 4 Page 21 of 103 9e) - Report No. DS2010 -058, Andria Leigh,... SCHEDULE 1: LOCATION MAP 2008 - SPA -12 (1628004 Ontario Inc.) ti r `�— OLD. BARR IE ROAD - w 1 Subject Lands DEVELOPMENT SERVICES Meeting Date November 10, 2010 Report No. DS 2010 -058 Page 4 of 4 Page 22 of 103 9f) - Memorandum dated November 10, 2010 f... To: Council Proud Heritage, Exciting Future From: Andria Leigh, Director of R.M. File #: D12 -38810 Development Services Date: November 10, 2010 Subject: Consideration of Draft Plan Conditions for Lake Simcoe Aeropark Inc. Plan of Subdivision 2008- SUB -02, Part of Lots 18 and 19, Concession 8, (Oro) Line 7 North On October 13, 2010, Council considered Report No. DS 2010 -052 regarding Application for Plan of Subdivision and Zoning By -law Amendment 2008 - SUB -02 and 2008- ZBA -14 submitted by Lake Simcoe Aeropark Inc. The proposed plan of subdivision is to be developed with 23 industrial blocks for industrial (Economic Development) land use. The plan of subdivision also proposes to contain blocks for stormwater management purposes, water supply, sewage treatment plant block, servicing and emergency access blocks, 5m road widening block and three 0.3m reserves. The lands are located immediately east of the Lake Simcoe Regional Airport. The owner proposes to market the lands to airport/aviation type of businesses. The development is proposed to be serviced by a traditional gravity system with a single end -of -pipe treatment facility, which is also known as a wastewater treatment plant The Functional Servicing Report has noted that during the detailed design of the sanitary sewage system, alternative designs, such as a small bore system may be explored. If it is determined by the owner's consulting engineer that an alternative is preferred, the alternative sewage design will be subject to review and approval from the Township of Oro - Medonte. In regards to the proposed water supply, the subject lands will be serviced by drilled wells that would be distributed through a watermain pipe network. A communal water supply block (Block 24) has been set within the northeast corner of the stormwater pond block (Block 25) consisting of a distribution well and could potentially include a treatment facility if required. Same as proposed for the sanitary sewage system, the owner's Functional Servicing Report states during the detailed design of the water supply system, alternative designs, such as individual wells or a servicing agreement with the Lake Simcoe Regional Airport may be explored. If it is determined by the owner's consulting engineer that an alternative is preferred, it will be subject to the review and approval of the Township of Oro- Medonte. Attached to this memo are the conditions of draft approval which reflects the subdivision design and proposed servicing. Also attached is the new revised draft plan of subdivision. Page 23 of 103 9f) - Memorandum dated November 10, 2010 f... 9!��)-L Township Staff, the Township's engineering consultant and staff from the Lake Simcoe Region Conservation Authority have reviewed the Conditions of Draft approval and found them to be acceptable. It is recommended that: 1. This memo be received and adopted; 2. That Council approves the Draft Plan Conditions as attached to this memo; 3. That the draft Plan conditions are approved for three years; 3. That the developer be advised of Council's decision. Respectfullly submitted, Andria Leigh, MCIP, PP Director of Development Services -2- Page 24 of 103 90 - Memorandum dated November 10, 2010 f... Proposed Draft Plan 2008 - SUB -02 1 -3- Page 25 of 103 aual9, 5 ITS !8i!' I s ,r• 1� �� � ; s .B ! ��, ♦ l��ii�� R. �I �! I � fill � s - A t A a a,anw � t cimis , 1 -3- Page 25 of 103 9f) - Memorandum dated November 10, 2010 f... Q'��Lf Applicant: Lake Simcoe Aeropark Inc. Date of Decision: November 10, 2010 File No.: 2008 - SUB -02 Date of Notice: Municipality: Township of Oro - Medonte Last Date of Appeal: Subject Lands: Part of Lots 18 and 19, Concession 8 (Oro) The Township of Oro - Medonte's conditions to final plan approval for registration of this Plan of Subdivision are as follows: No. Conditions 1. That this approval applies to the draft plan prepared by MHBC PLANNING dated November 8, 2010 in Part of Lots 18 and 19, Concession 8, former Oro, Township of Oro - Medonte which shows a total of 23 Economic Development lots, 1 water supply block (Block 24), 1 stormwater management pond block (Block 25), 1 sewage treatment plant block (Block 26), 1- 5.0 metre road widening block (Block 27), 2 servicing blocks (Blocks 28 and 29), 3 - 0.3 metre reserve blocks (Blocks 30, 31 and 32) and Streets A, B, C and D. 2. That the draft plan approval of the development is for a period of three (3) years. The owner shall apply for any extension at least sixty (60) days prior to the lapsing. 3. That the owner agrees to satisfy all the requirements, financial and otherwise of the Township of Oro - Medonte. 4. That the road allowances included within this draft plan of subdivision shall be dedicated as a public highway without monetary consideration and free of all encumbrances. 5. That the 5.0 metre road widening (Block 27) included within this draft plan of subdivision shall be conveyed by deed to the Township of Oro - Medonte without monetary consideration and free and clear of all encumbrances. 6. That the 0.30 metre reserves (Blocks 30, 31, and 32) included within this draft plan of subdivision shall be conveyed by deed to the Township of Oro - Medonte without monetary consideration and free and clear of all encumbrances. 7. That the road allowances within this draft plan of subdivision shall be named to the satisfaction of the Township of Oro - Medonte. 8. That prior to final approval the appropriate zoning shall be in effect for this subdivision, in accordance with the provisions of the Planning Act. 9. That the owner shall enter into a subdivision agreement with the Township of Oro - Medonte, agreeing to satisfy all conditions, financial and otherwise, of the Township of Oro - Medonte. 10. That the subdivision agreement between the owner and the Township contain phasing arrangements to the satisfaction of the Township. 11. That the Owner shall agree in the Subdivision Agreement to make satisfactory arrangements for the construction of a mail facility, if required, to the satisfaction of the Township of Ora - Medonte with confirmation received from Canada Post. 12. That the Owner carries out an appropriate archaeological assessment to the satisfaction of the Ministry of Culture. -4- Page 26 of 103 9f) - Memorandum dated November 10, 2010 f... Applicant: Lake Simcoe Aeropark Inc. Date of Decision: November 10, 2010 File No.: 2008- SUB -02 Date of Notice: Municipality: Township of Oro- Medonte Last Date of Appeal: Subject Lands: Part of Lots 18 and 19, Concession 8 (Oro) 13. That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. 14. That the Owner shall agree in the Subdivision Agreement to obtain the appropriate Certificates of Approval from the Ministry of Environment. 15. That the Ministry of Environment receives a fully executed copy of the subdivision agreement to ensure that conditions are being fulfilled. 16. That prior to final approval, a plan or plans shall be prepared to the satisfaction of the Township Engineer showing: a) drainage control measures, b) general lot grading including existing and proposed elevations, c) building envelopes d) erosion control measures e) location and type of drinking water supply. These approved plan(s) will form part of the Subdivision Agreement with the Township. The consultant may be required to check the elevations of the building footings, prior to further construction, to ensure conformity with the approved plans noted above. The consultant may be required, prior to the issuance of a Final Inspection Report, to certify in writing that the installed works have been carried out in accordance with the approved plans. 17. That prior to final plan approval and any major site alteration, the following shall be prepared to the satisfaction of the Lake Simcoe Region Conservation Authority (LSRCA) and Township in accordance with Designated Policies (DP) 4.8 and 4.9 of the Lake Simcoe Protection Plan: a) A detailed Stormwater Management Report b) A Geotechnical Report for the proposed stormwater pond c) A Landscaping Plan for the proposed stormwater pond d) A detailed Erosion and Sedimentation Control Plan e) A detailed Grading and Drainage Plan 18. That the owner shall agree in the Subdivision Agreement to carry out or cause to be carried out the recommendations, measures, and requirement contained within the plans, reports, and studies as approved by the LSRCA in accordance with 4.10 -DP, 4.11 -DP, and 4.20 -DP of the Lake Simcoe Protection Plan. 19. That the owner shall agree in the Subdivision Agreement to engage a qualified professional to certify in writing that the works were constructed in accordance with the plans, reports and specifications, as approved by the LSRCA. 20. That prior to any site alteration or grading, proper erosion and sediment control measures must be in place. All stormwater management facilities (e.g. pond) must be in place prior to the creation of impervious surfaces such as roads and buildings. -5- Page 27 of 103 9f) - Memorandum dated November 10, 2010 f... Applicant: Lake Simcoe Aeropark Inc. Date of Decision: November 10, 2010 File No,: 2008 - SUB -02 Date of Notice: Municipality: Township of Oro - Medonte Last Date of Appeal: Subject Lands: Part of Lots 18 and 19, Concession 8 (Oro) 21. That any easements required for stormwater management purposes shall be granted to the Township of Oro- Medonte. 22. That prior to any development within a regulated area, a permit under Ontario Regulation 179/06 shall be obtained from the LSRCA. 23. That prior to final plan approval, the owner agrees to pay all development fees to the LSRCA in accordance with the approved Fee Policy, under the powers of the Conservation Authorities Act. 24. That prior to final plan approval, a species at rick assessment shall be prepared to fulfill the provisions of the Endangered Species Act. 25. That the stormwater management Block (25) be dedicated and transferred to the Township of Oro - Medonte. 26. That prior to final plan approval, the applicant shall rezone Block 25 to Environmental Protection (EP) or similar zone category through a successful Zoning By -law amendment application. 27. That prior to final plan approval, a Restoration Plan detailing the means to rehabilitate the minimum vegetation protection zones from the key natural heritage features shall be prepared to the satisfaction of the LSRCA and Township in accordance with 6.27 -DP and 6.28 -DP of the Lake Simcoe Protection Plan. 28. That the owner shall agree in the Subdivision Agreement to demarcate the minimum vegetation protection zones using fencing (e.g. cedar hedge, cedar rail) and signage along Block 25, Lots 1 -3, 6, 7, 14 —19 and Block 26. 29. That prior to final plan approval, the owner shall provide written confirmation from an aviation safety specialist illustrating the need to require a "dry" stormwater management facility within Block 25 or alternatively a pond to the satisfaction of the Township and LSRCA be constructed. The letter of confirmation for the dry pond must cite appropriate provisions and regulations of the Aeronautics Act. 30. Owner agree to either dedicate to the Township 2% of the land to be subdivided as public parkland or pay cash -in -lieu of parkland to the satisfaction of Council 31. That all streets shall be designed and constructed in accordance with the Township of Oro - Medonte's Engineering Design Standard Specifications and Drawings, to a 11.0 metre road standard (OM -R7). The costs of all construction will be at the expense of the Owner. 32. That the Owner shall agree in the Subdivision Agreement, that such easements and land dedications as may be required for access, drainage, servicing, utilities and construction purposes shall be designed to the satisfaction of, and granted to the appropriate agencies or authorities, free and clear of all encumbrances, to the satisfaction of the Township of Oro - Medonte and all appropriate agencies or authorities. Such easements shall be dedicated to the appropriate approval authority at no cost to anyone but the Owner. 33. A Functional Servicing and Preliminary Stormwater Management Report must be updated and approved by the Township; and include for the design of the approved servicing. 34. That the Owner shall agree in the Subdivision Agreement that the water distribution system for this plan shall be a complete looped system. The water supply will include a pumphouse, wells, storage and -6- Page 28 of 103 9f) - Memorandum dated November 10, 2010 f... Applicant: Lake Simcoe Aeropark Inc. Date of Decision: November 10, 2010 File No.: 2008 - SUB -02 Date of Notice: Municipality: Township of Oro - Medonte Last Date of Appeal: Subject Lands: Part of Lots 18 and 19, Concession 8 (Oro) standby generator in order to produce potable water and provide fire protection for the development. All costs, including but not limited to legal and survey costs, will be borne by the Owner. Any provision of an alternate water distribution system provision shall be to the satisfaction of the Township of Oro - Medonte. 35. That the Owner shall agree in the Subdivision Agreement that a sanitary sewage system will be provided for this plan, complete with a Sewage Treatment Plant to the satisfaction of the Township. All costs, including but not limited to legal and survey costs, will be borne by the Owner. 36. That the Owner shall agree in the Subdivision Agreement that the services installed by the Owner shall be in accordance with the standards and specifications of the Township of Oro - Medonte, and shall include stormwater works and Stormwater Management (SWM) Pond facility, adequate pavement widths for roadways, street lighting, regulatory signs, street name signs, water distribution system with hydrants, water supply system, sanitary sewer systems, Sewage Treatment Plant and any other services or facilities as required to meet the Township's Standard. Furthermore, the Subdivision Agreement will stipulate that hydrant markers be placed to the satisfaction of the Municipality. 37. That prior to final approval, the Owner shall agree in the Subdivision Agreement to prepare and implement the following to the satisfaction of the Township and all site works shall be in strict accordance with a Landscape Design Plan depicting a vegetation buffer and /or fencing along the rear and side of lots which abut Line 7 North and also fencing along the minimum vegetation protection zones, and as deemed appropriate by the Municipality. Vegetation selection must take into consideration the flight path of planes from the adjacent airport. 38. That the Owner shall agree in the Subdivision Agreement to pay their proportionate share for the Line 7 Road construction upgrades. The proportionate cost will be calculated on a per hectare basis for their lands. 39. That prior to final approval, the owner shall agree in the Subdivision Agreement that a municipal numbering system be assigned to the satisfaction of the Township of Oro - Medonte. 40. That the Owner shall agree in the Subdivision Agreement to install, to the satisfaction of the Township, fencing in accordance with the standards of the Township of Oro - Medonte and LSRCA. This may involve, but not limited to: chain link fencing along the rear of lots which abut Line 7 North. 41, That the Owner shall agree in the Subdivision Agreement that all lots will be developed under Site Plan. Control in accordance with Township criteria. 42, That prior to the final approval of this plan, the Township is advised in writing by the Lake Simcoe Region Conservation Authority how conditions 17 through 29 have been satisfied. 43. That prior to the final approval of this plan, the Township is advised in writing by Canada Post how condition 11 has been satisfied. 44. That prior to the final approval of this plan, the Township is advised in writing by the Township of Oro- Medonte how conditions 1 through 44 have been satisfied. -7- Page 29 of 103 9f) - Memorandum dated November 10, 2010 L. 9� Applicant: Lake Simcoe Aeropark Inc. Date of Decision: November 10, 2010 File No.: 2008 - SUB -02 Date of Notice: Municipality: Township of Oro - Medonte Last Date of Appeal: Subject Lands: Part of Lots 18 and 19, Concession 8 (Oro) NOTES TO DRAFT APPROVAL 1. It is the applicant's responsibility to fulfill the conditions of Council's approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the Township of Oro - Medonte, Planning Department, Administration Centre, 148 Line 7 South, Box 100, Oro, ON LOL 2X0, quoting Township file number 2008 - SUB -02. 2. The Land Titles Act requires all new plans be registered in a Land Titles system if the land is situated in a land titles division and there are certain exceptions. 3. The Township of Oro - Medonte uses a 0.3 metre reserve to notify the public that access to the Municipal highway will not be granted across the reserve. It should be shown as a block on the final plan outside the road allowance. Deeds in triplicate conveying this reserve to the Corporation of the Township of Oro - Medonte together with the proposed final plan should be sent to the municipal Clerk. 4. Inauguration, or extension of a piped water supply, or a storm drainage system, is subject to the approval of the Ministry of Environment under sections 23 and 24 of the Ontario Water Resources Act, R.S.O. 1980. 5. Hydro One wishes to advise the developer of the following: a) the costs of any relocations or revisions to Hydro One facilities which are necessary to accommodate this subdivision will be borne by the developer any easement rights of Hydro One are to be respected (a) the developer should contact the local Hydro One Area Office to verify if any low voltage distribution lines may be affected by the proposal 6. The LSRCA will require the following prior to the issuance of a clearance letter: 1. A copy of the executed subdivision agreement. 2. A copy of the draft M -Plan. 3. A letter from the developer's planning consultant detailing how each LSRCA condition of draft plan approval has been fulfilled to the satisfaction of the conservation authority. 7. The final plan approved by the Township must be registered within 30 days or the Township may withdraw the approval under Section 51(59) of the Planning Act, R,S.O. 1990 8. All measurements in the subdivision final plan must be presented in metric units. 8. Clearances are required from the following agencies: Corporation of the Township of Ora - Medonte Box 100 Oro Station, Ontario LOL 2X0 Lake Simcoe Region Conservation Authority 120 Bayview Parkway Box 282, Newmarket, Ontario L3Y 4X1 Page 30 of 103 9f) - Memorandum dated November 10, 2010 f... qll�q Applicant: Lake Simcoe Aeropark Inc. Date of Decision: November 10, 2010 File No.: 2008 - SUB -02 Date of Notice: Municipality: Township of Oro - Medonte Last Date of Appeal: Subject Lands: Part of Lots 18 and 19, Concession 8 (Oro) Ministry of Culture 400 University Avenue, 0 Floor Toronto, ON, M7A 2R9 If the agency conditions concern conditions in the Subdivision Agreement, a copy of the relevant section of the agreement should be sent to them. This will expedite clearance of the final plan. 9. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse under subsection 51(32) of the Planning Act, R.S.O. 1990, as amended. If the Owner wishes to request and extension to draft approval a written explanation, must be received by the Township of Oro - Medonte prior to the lapsing date. Please note that an updated review of the plan, and revisions to the conditions of approval, may be necessary if an extension is to be granted. 10. When the Zoning By -law is being prepared, reference to this subdivision application OM -file number should be included in the explanatory note. This will expedite the Township's and other agencies' consideration of the by -law. Please be advised that the approval of this draft plan will lapse on xxxxxxxx xx, 2013. This approval may be extended pursuant to subsection 51(33) of the Planning Act, but no extension can be granted once the approval has lapsed. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval will lapse under Section 51(32) of the Planning Act, R.S.O. 1990. If the owner wishes to request an extension to draft approval, a written explanation, must be received by the Township of Oro - Medonte sixty (60) days prior to the lapsing date. Subject to the conditions set forth above, this Draft Plan is approved under Section 51 of the Planning Act R.S.O. 1990, Chapter13, as amended. This day of -2010, Director of Development Services, Township of Oro - Medonte WE Page 31 of 103 9g) - Report No. RC2010 -24, Shawn Binns, D... ytl > w I ' of REPORT Proud Heritage, Exciting Future Report No. RC2010 -24 To: Council Prepared By: Shawn Binns Meeting Date: Subject: By -Law to Permit Off- Motion # November 10, 2010 Road Vehicles to Utilize Specific Municipal Roads to Access Lake Simcoe for Roll #: R.M.S. File #: Winter Recreational Purposes RECOMMENDATION(S): Requires Actions For Information OnIVn It is recommended that: 1. Report No. RC2010 -24 be received and adopted 2. That the Director of Corporate Services /Clerk bring forward the amended By- Laws for Council's Consideration 3. That Council approve $5,000 for risk management signage to be funded as an over -run to the 2010 Budget BACKGROUND: At the Committee of the Whole meeting of January 201h 2010 Council passed Motion CW100120 -05 to establish an ad hoc working group to review options to access Lake Simcoe by Off -Road Vehicles for recreational purposes. Through the input received from the working group, By -Law 2010 -034 was prepared and enacted by Council to permit the use of Off -Road Vehicles on specific municipal roads to gain access to the lake from parking/unloading areas. Additionally By -Law 2009 -025 (Parkland Regulations) was amended by By -Law 2010- 031 to restrict motorized vehicle's in Shelswell Park and permit the use of Off -Road Vehicles to access Lake Simcoe via the eastern boundary of Bayview Memorial Park. The By -Laws were in force and effect until March 16, 2010 and are now expired. ANALYSIS /CONSIDERATIONS: Council has thoroughly reviewed a request to permit the use of Off -Road on Municipal Roads in 2007. The details, possible issues and the legislation are described in detail in Report RC2007 -29. There have been no changes to the legislation, since the report was prepared and the issues identified remain unchanged. Recreation and Community Services November 10, 2010 Report No. RC2010 -24 Page 1 of 3 Page 32 of 103 9g) - Report No. RC2010 -24, Shawn Binns, D... The locations identified in Schedule "A" of By -Law 2010 -34 permits the safe parking, unloading and access by Off -Road Vehicles to Lake Simcoe for the purposes of ice fishing and winter recreation. There were no issues noted during the period that the By- Law was enacted. Upon reviewing the By -Law it is recommended that Council amend By -Law 2010 -031 and 2010 -034 to extend the force in effect from January 1 to March 16 annually. It is also recommended that risk management signs be purchased and installed along the noted roadways. Should Council consider expanding the permitted use of Off- Road Vehicles on Municipal roads or property, it is recommended that further risk analysis and consultation be undertaken. FINANCIAL: Purchase and Installation of 70 Signs $5,000 POLICIES&EGISLATION: • Highway Traffic Act, R.S.O 1990 • Municipal Act, 2001, S.O. 2001 • By -Law 2010 -031 • By -Law 2010 -034 CONSULTATIONS: • Director, Transportation and Environmental Services • Director, Corporate Services /Clerk • Chief Municipal Law Enforcement Officer ATTACHMENTS: • Report RC2007 -29 • By -Law 2010 -034 • By -Law 2010 -031 • Map of roadways permitted for off -road vehicle use. CONCLUSION: The proposed amendments to By -Laws 2010 -031 and 2010 -034 will continue to provide improved recreational access to Lake Simcoe while ensuring that the use of Off -Road Vehicles is controlled minimizing potential liability and concerns to adjacent landowners. Recreation and Community Services November 10, 2010 Report No. RC2010 -24 Page 2 of 3 Page 33 of 103 9g) - Report No. RC2010 -24, Shawn Binns, D... Respectfully submitted: Shawn Binns Director, Recreation and Community Services SMT Approval / Comments: Recreation and Community Services November 10, 2010 Report No. RC2010 -24 Page 3 of 3 Page 34 of 103 9g) - Report No. RC2010 -24, Shawn Binns, D... } a� ono r��RS6;vt�y TOWNSHIP OF ORO- MEDONTE REPORT Dept. Report No. To: Committee of the Whole Prepared By: RG2007 -29 Shawn Binns Subject: Department: Council North Simcoe ATV Club Recreation and Community request to for By- -Law to Services C. of W permit ATV use on specific Date: Municipal Roads December 19, 2007 Motion # R.M. File #: Date: Roll #: 11BACKGROUND: Council has received a request from Mr. Jim McKever, President of the North Simcoe ATV Club, a local chapter of the Ontario Federation of All- Terrain Vehicle Clubs to pass a By -Law permitting use of All Terrain Vehicles on the following municipal roads: - The unopened section of 30/31 Side Road; - Bass Lake Side Road east of Line 3 (approximately 297m); - Line 3 North of Bass Lake Side Road (approximately 975m); - The unopened section of Line 2 North from Bidwell Road to Horseshoe Valley Road; and Line 2 North from Bidwell Road South approximately 1.5km to County Forest. The request for municipal road use is to form a trail network linking the Drury, North and South Barr Tracts of Simcoe County Forests. The request and map are attached for reference (Attachment "A ") Council has received two previous requests from the Ontario Federation of All Terrain Vehicle Clubs staff reports, PW2004 -06 and RC2007 -05 were prepared and presented to Council. Both requests were denied, the motion passed by Council at the Committee of the Whole meeting on April 18th, 2007 indicated that the request would be reviewed upon such time as a maintained trail system, permit system and usage agreements are established. Consultations with surrounding municipalities, the County of Simcoe, the Ministry of Health Promotion, Oro - Medonte residents, the North Simcoe ATV Club, Mr. Jerry Ball, Public Works Superintendent for the Township and the Township's Solicitor, as well as a review of relevant legislation and trends form the basis of this report. Page 35 of 103 9g) - Report No. RC2010 -24, Shawn Binns, D... ANALYSIS: Review of Legislation: Sections 11 and 27 of the Municipal Act, provides the authority to pass By -Laws with respect to highways within its juristiction. Off Road Vehicles Act - Generally governs Off -Road Vehicles including All Terrain Vehicles (ATV's) when they are operating off road. Highway Traffic Act- Generally governs the on -road usage of Off Road Vehicles including All Terrain Vehicles (ATV's). • Regulation 316/03- Defines and regulated use of All-Terrain Vehicles (ATV's) • Section 191.8- enables municipalities to create By -Laws permitting and regulating the use All Terrain Vehicles on certain highways within the jurisdiction of the Municipality. By -Laws can control: - Part or parts of highways for use - Operating periods or hours of operation - Speed limits lower than that of Ontario Regulation 316103 Note: Some exceptions do apply, however they generally do not apply to recreational use. Simcoe County Forest Recreational Use Policy Enacted by Simcoe County Council in 2006 to regulate recreational use of County Forests. The policy permits the use of ATV's in certain tracts of County Forest under the following conditions: 1. Use agreements are in place 2. Only an designated trails 3. A valid trail permit Use is permitted in Drury, North and South Barr tracts of Simcoe Forests. The County of Simcoe is still currently working with designated trails for permitted ATV use. North Simcoe ATV Club, and the Ontario Federation of All Terrain Vehicle Clubs It is the intent of the Ontario Federation of All Terrain Vehicle Clubs to form a provincial trail network using a permit system similar to that of the Ontario Federation of Snowmobile Clubs. The club provides education, stewardship, regulation, signage, maintenance and wardening of trails. The Ontario Federation of All Terrain Vehicle Clubs does maintain insurance which names land use partners as additional insured for five million dollars in coverage per occurrence. The Ontario Federation of All Terrain Vehicle Clubs promotes the safe and responsible use of All Terrain Vehicles. The North Simcoe ATV Club continues to grow as an organization; use agreements are now in place with the County of Simcoe for ATV use in County Forests as set forth in Recreational Use Policy, 2006. The North Simcoe ATV Club is currently working with surrounding municipalities and private land owners to establish a trail network. Review of other local Municipalities Municipalities within the County of Simcoe were reviewed to determine whether or not a By -Law has been established permitting the use of All-Terrain Vehicles on Municipal Roads. The following is a summary of municipalities that have or are considering such a By -Law: The Town of Innisfil has established a By -Law in 2005 permitting use of All Terrain Vehicles on Municipal Roads restricting the hours of operation from 6 :00am to 11:00pm. Enforcement is conducted by the South Simcoe Police detachment. The Township of Innisfil Works Department report concerns over maintenance and liability and reports incurring expenses of approximately $60,000 borne by the municipality for the installation of approximately four hundred (400) signs and posts. -2- Page 36 of 103 9g) - Report No. RC2010 -24, Shawn Binns, D... I '­ 9(VP The Township Ramara has just recently approved a By -Law permitting ATV use on all roads. Hours of Operation are restricted to 6:00am to 10:00pm. The By -Law is enforced by the Ontario Provincial Police and the Township By -Law officer. Township of Springwater — The Township of Springwater has been reviewing motorized use and use of ATV's for several years. The Township established a motorized use working group to try to resolve issues occurring on municipal road allowances. The Township of Springwater is currently conducting a "Trails Master Plan" that will provide recommendations on the use of All Terrain Vehicles. Nottawasaga Valley Conservation Authority- Correspondence was received by Council in 2004 and is attached for consideration "Attachment B" Trends relating to ATV use • The number and popularity of motorized recreational vehicles in Ontario is increasing rapidly; which adds pressure and competition for access to public spaces. The number of ATVs are expected to grow by about 6% a year. There are approximately 850,000 owned in Canada, and outsell Snowmobiles at a ratio of 4:1. By the year 2010 it is estimated that there will be Three Hundred and Eighty -Eight Thousand (388,000) ATV's in Ontario. • Ontario has limited ATV specific trail facilities, and the lack of dedicated trails has led to widespread use and abuse of other lands including municipal roads, road allowances and private property. • ATV's like snowmobiles have a significant economic contribution. In 2005, approximately seven- hundred and forty million ($740,000,000) dollars was derived from direct and indirect sale and use of ATV's. • The number of injuries and fatalities resulting from ATV use is increasing steadily; in 2007 the number of fatalities has nearly doubled in the first 10 months of the year in 2007 to 23 from 12 in the same period in 2006. ATV related activities are now the third -most common cause of severe injuries next to cycling and snowmobiling. • The Ministry of Health Promotion is currently conducting a legislative review of over 30 pieces of legislation affecting the use off road vehicle on trails. The report is expected to be released in January of 2008. -The report will provide recommendations for provincial policy relating to Off -Road Vehicles including ATV's and may include changes to provincial legislation. Public Input To solicit public input, a public information session was held on December 61" as part of the Recreation Technical Support Group. Notices were: • Sent to all residents within approximately a 3km radius of the proposed area • Posted on Township Website • Placed in the North Simcoe News A number of written responses were received and are attached for Council's consideration (Attachment "C ") -3- Page 37 of 103 9g) - Report No. RC2010 -24, Shawn Binns, D... Approximately 50 people attended the Public Information Session on December 6th, 2007. There were residents both in support of request and other residents opposed. Residents in support felt as though the legislation is inconsistent in that Snowmobiles are permitted to legally utilize roads, while All-Terrain Vehicles are not, and that equal consideration should be given. Considerations The Township of Springwater has not approved ATV use on road allowances. All ATV's accessing the designated trails within the Drury, North and South Barr Tracts of County Forest in Oro - Medonte would need to be carried on a trailer and parked, with the exception of residents in Horseshoe Valley and Bidwell Estates and residences bordering the roads requested. There are no designated parking areas to address this situation, which will result in parking on municipal roads which would cause a safety concern. Having a loop trail system within a limited area, as requested, would result in large amounts of ATV use within a confined space. This would increase damage to roads and shoulders, increase noise levels and cause a significant safety concern on unopened road allowances. The environmental impact within the County Forest would also increase. Speed Restrictions and Hours of Use could help address safety concerns; however the enforcement of the By -Law would be an issue. The sole means of enforcement would be through the Ontario Provincial Police for provincial offences. The Ontario Provincial Police do not enforce Municipal By- Laws. Under common law rule against municipal discrimination and subsection 8 (4) of the Municipal Act a By -Law could not limit the use of Highways under municipal authority or parts thereof to only ATV use by members of the North Simcoe ATV Club, The North Simcoe ATV Club has not yet explored alternative options such as access through private lands, to minimize the amount of roads required. The request from the North Simcoe ATV identifies the request for use of Line 2 North as well as Bass Lake Side Road and Line 3 North, only one of these roads is required to link to the County Forest. In the event a By -Law is enacted there will be a need for signage, which could be a significant expense. A By -Law to permit ATV use on Municipal Roads would also lead to increased maintenance, potential damage to private property i.e, driveways, and could lead to drainage issues. Recreation Technical Support Group Input At the December 13, 2007 meeting of the Recreation Technical Support Group, motion RTS071213- 03 pas passed in concurrence with the staff recommendation outlined in this report. Conclusions With the increase in ATV use, the lack of dedicated trails, the unregulated widespread use and abuse of ATV's will continue to grow on municipal and private property. There is a need to work in cooperation with the North Simcoe ATV Club to ensure safe, legal and responsible use of All Terrain Vehicles. There is a need to communicate and coordinate with the North Simcoe ATV Club, the County of Simcoe and surrounding municipalities to establish a network of trails that is regional in scope. This would not limit use to a small area, as is the case with the request. Parking also needs to be addressed to ensure safety of the roads and to minimize negative impacts on road maintenance. -4- Page 38 of 103 9g) - Report No. RC2010 -24, Shawn Binns, D... There are many concerns from residents regarding safety on the proposed roads, as well as the potential increase in ATV use should a By -Law be enacted. There were also many concerns regarding the negative effects to the environment, and the County Forest, although it is not directly related to the request, indirectly it could lead to increased use, which as mentioned previously could have negative effects if in a segregated area. Another concern echoed by residents was that should this request be granted, that this will lead to other ATV use on additional roads and areas. While a number of concerns were received, a number of residents are ATV owners who are supportive of a By -Law permitting road use to access the trails. Several concerns were also raised to access Lake Simcoe for Ice Fishing. A consistent approach needs to be taken between municipalities or at the provincial level to address the use of All Terrain Vehicles and the associated conflicts. If a sustainable regional motorized trail network is to be realized. The North Simcoe ATV Club also needs to continue to educate the public and work with private landowners for land use agreements in order to minimize the need for road use. In reviewing OFATV literature, considering the relevant legislation relating to All Terrain Vehicles, the advantages and disadvantages towards the operation of ATV's on municipal road allowances, the increased maintenance of road shoulders and boulevards, possible damage to private property, analyzing potential risks to the municipality, enforcement responsibilities, and the public input received, and recommendation by the Recreation Technical Support Group, it is recommended that a By -Law to grant the use of ATV's on Township road allowance not be considered, at this time. RECOMMENDATION(S): 1. THAT Report No. RC2007 -29 be received and adopted. 2. THAT the North Simcoe ATV Club be encouraged to explore opportunities for land use agreements with private landowners minimizing the need for access to municipal roads. 3. THAT Staff continue to work with North Simcoe ATV Club, the County of Simcoe, surrounding municipalities and residents to address risk management issues, parking in the development of a regional ATV trail. 4. THAT Council denies, at this time, the request of the North Simcoe ATV Club to permit ATV use on Municipal Road Allowances. 5. THAT the North Simcoe ATV Club be notified Council's decision. Respectfully submitted, Shawn Binns Manager of Recreation and Community Services C.A.O. Comments: Date: C.A.O. Dept. Head -5- Page 39 of 103 9g) - Report No. RC2010 -24, Shawn Binns, D... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010-034 A By -law to Permit Off -Road Vehicles to utilize specific Municipal Highways within the Township of Oro- Medonte WHEREAS Section 191.8(1) of the Highway Traffic Act, 83.0, 1990, c. H.8, as amended, provides that no person shall drive an off -road vehicle on a highway except in accordance with the regulations and any applicable municipal by -laws; AND WHEREAS Section 191.8(3) of the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, provides that the council of a municipality may pass by -laws permitting the operation of off -road vehicles on any highway under the jurisdiction of the municipality and providing speed limits for such vehicles; WHEREAS Section 191.8(4) of the Highway Traffic Act, R.S.O. 1990, c. H.8, as ided, provides that by -laws passed under Section 191.8(3) may permit the lion of off -road vehicles during specific months or hours; WHEREAS Section 11 of the Municipal Act, 2001, S.O.2001, C. 25, as amended, ies that a municipality may pass by -laws with respect to highways, including ig and traffic on highways, which the municipality has jurisdiction over; WHEREAS Council of the Township of Oro - Medonte has determined that off -road les may utilize specific highways within the Township of Oro - Medonte to access Simcoe for Recreational Purposes, from January 1, 2010 to March 15, 2010, yen the hours of 6:00 a.m. and 10:00 p.m., per Motion No. C100127 -5; NOW THEREFORE the Council of the Township of Oro- Medonte hereby enacts as DEFINITIONS: "All- Terrain Vehicle" means the same as Off -Road Vehicle for the purposes of this by -law. "Off -Road Vehicle" means a vehicle propelled or driven otherwise than by muscular power or wind and • That has three or more wheels and is designed for use on all terrains, commonly known as all- terrain vehicles, that have steering handlebars and a seat that is designed to be straddled by the driver; or • That has four or more wheels and is designed for utility applications or uses on all terrains and a seat that is not designed to be straddled by the driver; or • A dune buggy, as defined in Regulation. 863, under the Off -Road Vehicles Act. PROHIBITIONS: a) No personal shall operate or use an off -road vehicle on a Township of Oro. Medonte highway, except for those sections of highways identified in Schedule "A", attached hereto and forming part of this by -law. b) No Person shall operate or use an off -road vehicle on the sections of highways identified in Schedule A ", attached hereto and forming part of this by -law, outside of the hours of 6:00 a.m. to 10:00 p.m. from January 1, 2010 to March 15, 2010. q�>q Page 40 of 103 9g) - Report No. RC2010 -24, Shawn Binns, D... c) No personal shall operate or use an off -road vehicle on the sections of highways identified in Schedule "A ", attached hereto and forming part of this by -law, at any speed greater than the posted speed limit. d) No person shall operate or use an off -road vehicle on the sections of highways identified in Schedule "A ", attached hereto and forming part of this by -law, unless all of the provisions of Regulation 316/03 under the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, and any other legislation governing the use of off -road vehicles is complied with at all times. ENFORCEMENT AND FINES: a) Every person who contravenes any Provision of this By -law is guilty of an office and shall be liable to a fine in the amount to be determined pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33 and every such fine is recoverable under the Provincial Offences Act. SEVERABILITY CLAUSE: a) In the event that any provision of this by -law is quashed or is declared or otherwise found to be ultra vires or unenforceable by the Township, such clause shall be deemed to have been severed from the remainder of the by -law. FORCE AND EFFECT: a) This by -law shall take effect on the final passing thereof and remain in force until March 16, 2010. BY -LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. READ A THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF RY, 2010. OF THE TOWNSHIP OF ORO- MEDONTE Page 41 of 103 9g) - Report No. RC2010 -24, Shawn Binns, D... Page 42 of 103 Schedule "A" to By -law No. 2010 -034 for The Corporation of the Township of Oro•Medonte Highway Section of Highway Bay Street From Shanty Bay Wart Parking Area west to Line 2 South Black Forest Lane South of Ridge Road to Lake Simcoe Ice Road South of Lakeshore Road East to Lake Simcoe Lakeshore Road East From Line 72 South to Line 13 South Lakeshore Road East Carthew Bay Wharf Parking Area to the Wharf at Line 14 South eet Lakeshore Road East. West of Line 7 South to Ice Road From the Line 9 Boat Launch Parking Area to Line 9 South Lakeshore Road West 930 metres easterly to Line 6 South Line 11 South South from Mill Street to Lake Simcoe Line 72 South South of Lakeshore Road East to lake Simcoe Line 14 South From 578 metres north of Lakeshore Road East to Lake Simcoe Line 2 South South- of Ridge Road to Lake Simcoe Line 6 South From dead end, at 1075 Line ti South, to Lake Simcoe -Line 7 South South from Ridge Road to lake Simcoe Line 9 South South from Lakeshore Road East to Lake Simcoe Little Road South of Lakeshore Road East to Lake Simcoe MITI Str Page 42 of 103 eet East of Line 71 South, south to Lake Simcoe Parkside Drive From the Line 9 Boat Launch Parking Area to Line 9 South Page 42 of 103 it 1 9g) - Report No. RC2010 -24, Shawn Binns, D... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010-031 A By-law to Amend By=law No. 2009 -025, Being a By -law to Establish Regulations with respect to Municipal Parkland, and Municipally owned Lands used for Recreational Purposes within the Township of Oro - Medonte WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O.2001, c.25, as amended, authorizes a municipality to pass by -laws with respect to culture, parks, recreation and heritage; AND WHEREAS Section 11 (2) of the Municipal Act, 2001, S.O.2001, c.25, as amended, authorizes a municipality to pass by -laws related to the health, safety and well -being of persons; AND WHEREAS Section 119 of the Municipal Act, 2001, S.O.2001, c.25, as amended, authorizes a municipality to prohibit or regulate the discharge of guns or other firearms, air -guns, spring -guns, cross -bows, long -bows or any other weapons; AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte did on the 25th day of February, 2009, enact By -law No. 2009 -025, Being a By -law to Establish Regulations with respect to Municipal Parkland, and Municipally Owned Lands used for Recreational Purposes within the Township of Oro - Medonte; AND WHEREAS the Council of the Township of Oro - Medonte deems it appropriate to provide an exception for off - road /all- terrain vehicles and motorized snow vehicles to access Lake Simcoe for Recreational Purposes through Bayview Memorial Park, per Motion No. C100127 -6; NOW THEREFORE the Council of the Township of Oro- Medonte hereby enacts as follows: That Section 2. t) ii. of By -law No. 2009 -025 be amended by deleting ` Bayview Memorial Park". That Section 2 be amended by inserting: "t-2) Notwithstanding Section 2) r), no person shall operate or use off- road /all- terrain vehicles or motorized snow vehicles except: 1. to provide access to Lake Simcoe for Recreational Purposes in Bayview Memorial Park, such permitted use being restricted to the parking area from 20 metres west of the eastern Park boundary, extending south to Lake Simcoe for the period of January 1 to March 15, 2010, between the hours of 6:00 a.m. and 10:00 p.m." This by -law shall take effect on the final passing thereof and shall remain in force until March 16, 2010. 3Y -LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. 3Y -LAW READ A THIRD TIME AND FINALLY PASSED THIS le DAY OF :EBRUARY, 2010. 'HE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE I�S-,) (-�_ Page 43 of 103 9h) - Report No. RC2010 -25, Shawn Binns, D... To I - of REPORT Proud Heritage, Exciting Future Report No. RC2010 -25 To: Council Prepared By: Justin Hodgkinson Meeting Date: November 10, 2010 Subject: Request for Exemption — Moonstone Santa Claus Parade Motion # Roll #: R.M.S. File #: I RECOMMENDATION(S): Requires Action I X I For information Only[--] ] It is recommended that: 1. Report No. RC2010 -25 be received and adopted. 2. An exemption to By -law 2006 -38 be granted for the Moonstone Santa Claus Parade to be held on Sunday, December 5, 2010 at 1 :00pm. 3. That the organizing committee liaise with the County of Simcoe to acquire the required approvals for use of the Moonstone road (County Rd 19) and works yard. 4. That the organizing committee be advised of Council's decision. BACKGROUND: By -Law No. 2006 -38 regulates the holding of parades or processions /events in the municipality. Section 8 of the afore - mentioned By -law permits that in a situation where a parade or procession /event will last less than 24 hours, Council may dispense with any or all of the requirements of the By -Law. Mrs.Lila Osborne and the Moonstone Recreation Committee organizers of the event are requesting that Council waive the requirements of the By -Law for the Moonstone Santa Claus Parade to be held on Sunday, December 5, 2010, at 1 :00pm. The organizing committee will also seek the permission of the County of Simcoe to use the Moonstone Garage #3 for float storage and parade preparation. The Moonstone Santa Claus Parade has been an annual event, however up until last year the event hadn't taken place the 5 years previous due to a lack of volunteers to organize the event. Last year the parade was reestablished with great success and the organizing group would like to again run this as an annual event. The organizer Mrs. Lila Osborne is partnering with Moonstone Recreation Committee, the Oro- Medonte Fire Fighters Association and the Township to organize this event. Recreation and Community Services November 5, 2010 Report No. RC2010 -25 Page 1 of 3 Page 44 of 103 9h) - Report No. RC2010 -25, Shawn Binns, D... The Parade Route will be as follows: • Leave Works Yard, turning left onto County Rd. 19 • Immediately turn left onto Ellen Drive • Straight down Ellen, crossing Line 8 and continuing straight, the road is now called Agnes Dr. • At the end of Agnes turn right onto Duncan Drive • At the end of Duncan turn left onto Line 8 • At the corner of the Line 8 and County Rd. 19 turn right onto the County Rd 19. • Take County Rd 19 back to the Works Yard Following the parade there will be a family event held at the Moonstone Fire Hall with children's activities, a bbq and hot chocolate. ANALYSIS: Mrs. Lila Osborne (Organizing committee member) has submitted a request for exemption to the conditions of By -Law 2006 -38. Section 8 of the afore - mentioned By- law permits that in a situation where a parade or procession /event will last less than 24 hours, Council may dispense with any or all of the requirements of the By -Law. Specifically the organizing committee is requesting exemptions to section 3 (Provision of Liability Insurance) and section 6 (Provision of Damage Deposit) to permit the annual parade. Risk Management • The organizing committee will have volunteers assisting with the parade • Emergency personnel (O.P.P and Oro- Medonte Fire and Emergency Services) have been notified and the OMFES will be in attendance. FINANCIAL: N/A POLICIES /LEGISLATION: Highway Traff ic Act R.S.O 1990 By -Law 2006 -038 CONSULTATIONS: Director,Transportation and Environmental Services Director, Fire and Emergency Services ATTACHMENTS: Recreation and Community Services November 5, 2010 Report No. RC2010 -25 Page 2 of 3 Page 45 of 103 9h) - Report No. RC2010 -25, Shawn Binns, D... CONCLUSION: The Moonstone Santa Claus Parade will draw significant community involvement and participation. The organizing group has taken all reasonable precautions to ensure that the event will be run safely and the associated risks will be properly managed. It is recommended that Council grant this request to allow this event to occur again in 2010. Respectfully submitted: 1�7 _ Justin Hodgkinson Community Recreation Coordinator SMT Approval / Comments: C.A.O. Approval I Comments: Recreation and Community Services November 5, 2010 Report No. RC2010 -25 Page 3 of 3 Page 46 of 103 11 a) - Draft Minutes of Severn Sound Envir... SEVERN SOUND ENVIRONMENTAL ASSOCIATION JOINT MUNICIPAL SERVICES BOARD Third QUARTERLY MEETING 2010 October 21, 2010 Town of Midland Library Draft Minutes for Board Approval Present Greg Sutcliffe Peggy Breckenridge Pat Marion Ron Stevens Ralph Hough Bob Jeffery Doug Beach Keith Sherman Gail Marchildon Regrets: SSEA Chair/Township of Georgian Bay /Dist. of Muskoka Township of Tiny Town of Penetanguishene City of Orillia Township of Oro - Medonte Town of Midland Township of Severn SSEA ED SSEA Office Manager Terry Allison Township of Oro - Medonte Axel Frandsen Township of Tay Tony Hope Township of Springwater 1. WELCOME AND CALL TO ORDER Chair Greg Sutcliffe called the meeting to order at 9:03am 2. ADOPTION OF THE AGENDA MOTION: To adopt the agenda of the 3rd Quarterly SSEA Meeting with amendments. Moved by Bob Jeffery; seconded by Ralph Hough; carried. 3. DECLARATIONS OF PECUNIARY INTEREST There were no declarations. 4. REVIEW OF PAST MINUTES MOTION: To approve the minutes of the July 29, 2010 meeting of the SSEA. Moved by Doug Beach, seconded by Ralph Hough; carried. 5. REPORT ON ORO- MEDONTE SERVICE DELIVERY MOU Keith Sherman: No new updates regarding SSEA Tri -party MOU between the Township of Oro - Medonte, NVCA and SSEA. Discussions from the board: Page 47 of 103 11a) - Draft Minutes of Severn Sound Envir... Ralph Hough reported that the NVCA legal advisors had no issues with the Tri -party MOU but NVCA is waiting until the Levy appeal has been decided. No motion made. 6. SSEA SUSTAINABILITY PLAN UPDATE Keith Sherman reported that all municipalities with the exception of Muskoka District have bought in to the plan. Instead of providing the requested financial contribution, Simcoe- Muskoka District Health Unit has offered up access to their professional service in addition to Marina, their epidemiologist was offered as a resource. Keith also reported that Jessica Klug has done and continues to do a great job managing the new website for Sustainable Severn Sound (www.sustainablesevensound.ca). Jessica demonstrates personal commitment by volunteering her time to educate and work collaboratively with the municipalities and the staff explaining how to apply the Sustainability Plan to their operations. Suggestion was made by Bob Jeffrey that training be facilitated for new council members and incumbents looking for a refresher on the Sustainability Plan. The scope of the training could be expanded to include all projects and services provided by the SSEA. Ralph Hough concurred. MOTION: To receive the report of the ISPSC as presented by Keith Sherman. Moved by Ron Hough, seconded by Pat Marion; Carried. 7. Third Quarterly report for 2010 Keith Sherman presented the Third Quarterly report for 2010. MOTION: To approve the Third Quarter Financial report and to receive the cheque register and special projects update for the 3rd, Quarter 2010. Moved by Bob Jeffrey, seconded by Ron Stevens; Carried. 8. AGENDA AMENDMENT MOTION: To add to Other Business items A: Special SSEA Meeting held on Sept 21, 2010 and B: presentation on Severn Sound Water Quality by SSEA Water Scientist Aisha Chaindet. Moved by Bob Jeffrey, seconded by Peggy Breckenridge; Carried. 9. OTHER BUSIENSS: A: REVIEW OF PAST SPECIAL MINUTES MOTION: To approve the minutes of the September 21, 2010 SSEA Special Joint Board meeting regarding SSEA Tri -party MOU between the Township of Oro - Medonte. Moved by Bob Jeffrey, seconded by Peggy Breckenridge. Page 48 of 103 11a) - Draft Minutes of Severn Sound Envir... B: PRESENTATION ON SEVERN SOUND WATER QUALITY Water Scientist Aisha Chaindet presented a power point report on Severn Sounds Water Quality. This report was well received by the board and by request will be distributed to all board members. 10. SUSPEND THE SSEA MEETING TO ALLOW THE SSSPA MEETING (SEE SEPARATE AGENDA) MOTION: To suspend the SSEA Meeting for the SSSPA Meeting at 10:30 AM. Moved by Pat Marion, seconded by Doug Beach; Carried. 11. SEVERN SOUND SOURCE PROTECTION AUTHORITY MEETING 12. RECONVENE THE SSEA QUARTERLY MEETING MOTION: To reconvene the SSEA meeting at 11 :30am. Moved by Peggy Breckenridge, seconded by Ron Stevens CARRIED 13. 2009 AUDIT Auditors Glenn Ventrcek and Marc Villeneuve from BDO Canada LLP presented the 2009 Financial Statements. MOTION: To receive the SSEA 2009 Financial Statement and to approve the auditor and fee for the SSEA 2010 audit as per tender excluding extras as they arise. Moved by Ron Stevens, seconded by Pat Marion. 13. ADJOURNMENT AND NEXT MEETING. The next Quarterly will be on January 27, 2010. MOTION: To adjourn the meeting. Moved by Ron Stevens, seconded by Pat Marion; Carried. Page 49 of 103 11 a) - Draft Minutes of Severn Sound Envir... �m. � Y A why roitoi r s W M k . so 50 c� 40 In p O O 30 0 s 20 a 10 )S r } \ r 1 \, L 1, I CIA r,. `y • as a PM2 - -t -- P4 _..�.,. M1 - - P1 r-m Iz 4 -T -f -1 7TITI -f 7-7 I�f'T� ITITT Year 2 Page 50 of 103 ra waterq,�uart? r- CIA r,. `y • as a PM2 - -t -- P4 _..�.,. M1 - - P1 r-m Iz 4 -T -f -1 7TITI -f 7-7 I�f'T� ITITT Year 2 Page 50 of 103 11 a) - Draft Minutes of Severn Sound Envir... Page 51 of 103 11 a) - Draft Minutes of Severn Sound Envir... Page 52 of 103 11 a) - Draft Minutes of Severn Sound Envir... Ammonia (mg /L) (fish and invert. toxin) Nitrate (mg /L) (Blue baby syndrome) Organic Nitrogen (mg /L) (taste and odour) Phosphorus (4 /L) (eutrophication) Dissolved Oxygen (mg /L) (necessary for fish and invert.) Microcystin -LR (ftg /L) (liver toxin) Coliform, E. coil (cells /100mL) (bacterial infection) none ~0.5 -1.5 (temp. & pH dependent) <10 none <0.15 none none <20 >5 for cold water fish (trout) none >4 for warm water fish (bass) <1.5 none 0 coliform, 0 E. coli <100 E. coli for swimming none Page 53 of 103 11a) - Draft Minutes of Severn Sound Envir... Page 54 of 103 11 b) - Correspondence dated October 31, 20... (7 ) Crohn's and Colitis 60 St. Clair Avenue East �I Foundation of Canada Suite 600, Toronto, ON Canada M4T 1 N5 Fondation canadienne des Tel/Tel: (416) 920 -5035 mafadies inflammatoires 1 -800- 387 -1479 Jf de Pintestin Fax/Telec: (416) 929 -0364 Website/Site web: www.ecfe.ca October 31, 2010 Harry Hughes, Mayor Township of Oro - Medonte 148 Line 7 South PO Box 100 Oro ON LOL 2X0 Dear Mr. Hughes, �-- P . ,i �t imi r: t XH P x. E y NOV 201b Re: November Crohn's & Colitis Awareness Month Proclamation Registered charity no. 11863 1486 RR0001 I would like to take this time to personally thank you and members of your council for proclaiming November as Crohn's and Colitis Awareness Month. At the Crohn's and Colitis Foundation of Canada (CCFC), we know that the cure for inflammatory bowel disease (IBD) is within reach. We know it deep within our gut, because research that we have funded has made great strides in uncovering some of the genetic, environmental and microbial factors contributing to the onset of the diseases. But we're not there yet. One in 160 Canadians lives with the pain and uncertainty of Crohn's disease or ulcerative colitis on a daily basis. Alarmingly, more and more children under the age of 10 are being diagnosed. The urgency to continue research into the causes, care and cures of IBD has never been greater. The Simcoe County Chapter of the Crohn's and Colitis Foundation of Canada is hard at work: TO FIND THE CURE: Finding the cure is a bold and ambitious undertaking, however the time is right to accelerate our efforts. We need to be funding all of the most promising medical research projects each and every year. To do this, we need to double our current rate of investment. A goal of this magnitude cannot be achieved without your help. TO EDUCATE AND RAISE AWARENESS: CCFC is committed to educating IBD patients, their families, health professionals and the general public about these diseases. Through our education symposiums, brochures, the Crohn's and Colitis Patient Declaration and Crohn's and Colitis Awareness Month campaign, we are spreading the word- Working together we will lift the "veil of silence" that too often cloaks IBD. Again, thank you for taking the time to proclaim November as Crohn's and Colitis Awareness Month. Please be sure to visit www.geteuEsymonth.com to learn more about the personal stories and the public events happening in the month of November. if you have any questions or know somebody who may be interested in the CCFC and its mission, please feel free to contact me at simcoe(c ccfc.ca or 705- 795 -2204. Sincerely, Sean Levison President, Simcoe County Chapter Crohn's and Colitis Foundation of Canada Our Mission: Find the Cure ! Notre mission: Trouver un traitement curatif Page 55 of 103 November 2, 2010 Oro - Medonte Township Council 148 Line 7s Box 100 Oro, On LOL 2X0 Dear Council Members: 12a) - Correspondence dated November 2, 20... Nov - 2 2 616 O pw epON TEF On behalf of the Board of Directors of the Horseshoe Valley Property Owners Association [HVPOA], we are formally requesting that the name of the "4th Line Park" be changed to "Horseshoe Valley Memorial Park ". This motion was unanimously passed at a recent Board meeting August 4th, 2010. We feel this name change reflects the respect paid to Pte. Kevin McKay and Ian Beard who both have sites and placques honouring their names at the park. We also feel that the community would welcome the opportunity to dedicate benches and /or trees to recognize family members or residents in the Horseshoe Valley Memorial Park. We have all worked hard to see the park grow and the HVPOA Board feels its time to have a proper name to reflect the importance and respect for members of our community. Terry Ruffell President HVPOA Page 56 of 103 15a) - A By -law to Authorize the Execution... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010-176 A By -law to Authorize the Execution of An Agreement Between The Corporation of the Township of Oro - Medonte and Harold John Regan and Susanne Marie Regan WHEREAS Council of the Township of Oro - Medonte did on the 19th day of May 1999, enact By -law No. 99 -50, Being a By -law to provide policy for encroachments on road allowances and municipally owned property; AND WHEREAS Council of the Township of Oro - Medonte did enact By -law No. 2004- 119, as amended, being a By -law to Prohibit the Use of Motorized Vehicles on Highways within the Township of Oro - Medonte; AND WHEREAS the Township, pursuant to By -law No. 99 -50, has granted permission to maintain the said Encroachment(s) upon the condition of entering into an Encroachment and License Agreement; AND WHEREAS the Municipal Act, 2001,S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte deems it desirable to enter into an Encroachment and License Agreement with Harold John Regan and Susanne Marie Regan; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this By -Law. 2. This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY OF NOVEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 57 of 103 15a) - A By -law to Authorize the Execution... ENCROACHMENT AND LICENSE AGREEMENT made this day of November, 2010. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE (the "Township ") OF THE FIRST PART - and - HAROLD JOHN REGAN and SUSANNE MARIE REGAN (the "Owner") OF THE SECOND PART WHEREAS the Owner is the owner of certain lands and premises situated in the Township of Oro - Medonte, which lands are more particularly described in Schedule "A" attached hereto (the "Owner's Lands "); AND WHEREAS the Township is the owner of the Road Allowance shown as Lakeshore Promenade in accordance with Registered Plan 626, in the Township of Oro - Medonte (the "Township's Lands "); AND WHEREAS the Owner maintains encroachments on the Township's Lands to the extent described in Schedule `B" attached hereto (hereinafter collectively referred to as "the Encroachment(s) "); AND WHEREAS as Council has exercised its option to close a Part of the Road Allowance to vehicular traffic, and has passed By -law ( #2004 -119, as amended) being a By -law to Prohibit the Use of Motorized Vehicles on Highways within the Township of Oro - Medonte with respect to the lands upon which the said Encroachment(s) is located; AND WHEREAS the Township, pursuant to By -law No. 99 -50, being a By -law to Provide Policy for Encroachments on Road Allowances and Municipally Owned Property, has granted to the Owner permission to maintain the said Encroachment(s) upon the condition that the Owner enters into this Agreement, which the Owner has agreed to do; NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises, and of the covenants and agreements hereinafter contained on the part of the Owner to be observed, fulfilled and performed, the Township hereby grants to the Owner permission to maintain the said Encroachment(s) automatically terminating at the earlier of: (i) the date of removal of the Encroachment(s) from the Township's Lands; or (ii) the sale or transfer of the Owner's Lands; or (iii) five (5) years from the date of execution of this Agreement. In the event the Owner wishes to renew this Agreement upon the expiry of the five (5) year term herein granted, the Owner may, provided he is not in default of his obligations hereunder and upon sixty (60) days prior written notice to the Township, apply to renew same, taking all necessary steps and paying all appropriate fees in effect at the time to do so. Such Application shall be considered in accordance with the Township's policies and practices in place at that time. Page 58 of 103 15a) - A By -law to Authorize the Execution... Upon the sale or transfer of the Owner's Lands, the Owner shall forthwith notify the Township in writing thereof and shall provide the Township with the name and address of such Transferee or Purchaser who shall be required to enter into a new Agreement with the Township (and which Agreement shall be in like form and content as herein) and pay all appropriate fees as are required by the Township in entering into such replacement Agreement. In the event the Transferee or Purchaser fails to enter into a replacement Agreement with the Township, the Encroachment(s) shall forthwith be removed by the Owner at his sole expense; and failing which the Township may do so, and the Owner and Purchaser or Transferee shall be jointly and severally liable to the Township for the cost of demolition or removal. In no case shall this Agreement be assignable by the Owner. 2. During the term of this Agreement, and any renewal thereof, the Owner shall have the exclusive use and possession to the interior of the 1 shed; provided however that all other open air structures located on the Township's Lands remain subject to the public's right of access. IN CONSIDERATION OF the granting by the Township of such permission, the Owner hereby covenants and agrees with the Township as follows: 1. The Owner agrees to pay to the Township an annual fee as stipulated in the Township's current Fees and Charges Bylaw for Encroachment Agreements. The annual fee will be payable no later than the 1't day of May in each year, and may be added to the tax roll for the Owner's Lands, if required, by the Township. 2. The Owner shall, forthwith upon execution of this Agreement, provide the Township with an independent Engineer's report as to the structural integrity of the encroaching structure(s) to the satisfaction of the Township's Chief Building Official. Such report shall include clear photographic evidence of the Encroachment(s) identified thereon. 3. The Owner will at its own expense and to the satisfaction of the Township's Chief Building Official, keep and maintain the said Encroachment(s) in good and proper state of repair and will not make any related modifications to the Encroachment(s), without first obtaining the consent of the Township, which consent may be arbitrarily withheld. Should the Owner fail or neglect in maintaining the Encroachment(s) in a good and safe state of repair to the satisfaction of the Township's Chief Building Official, on thirty (30) days prior written notice to the Owner, the Owner will, at its own expense, notwithstanding any other provision in this Agreement, remove the said Encroachment(s) from the Township's Lands, without being entitled to any compensation whatsoever for such removal and the permission given herein for the maintenance of the Encroachment(s) shall be revoked and shall be deemed at an end. If the Encroachment(s) are not removed by the Owner as aforesaid, the Township may do so, and the cost of demolition and removal shall be at the sole expense of the Owner. 4. Nothing herein contained shall be construed as giving to the Owner anything more than permission to maintain the said Encroachment(s) until such time as the removal of such Encroachment(s) from the Township Lands. The Owner agrees that under no circumstances shall additional Encroachments) be constructed or placed on the Township's Lands. 5. The Owner hereby releases, waives and forever discharges the Township and its respective agents, officials, servants, contractors, representatives, elected and appointed officials, successors and assigns, of and from all claims, demands, damages, costs, expenses, actions and causes of action, whether in law or equity, in respect of death, injury, loss or damage to the person or any property of the Owner howsoever caused, arising or to arise by reason of the permission granted pursuant to this Agreement. Page 59 of 103 15a) - A By -law to Authorize the Execution... Notwithstanding any consent or approval given by the Township with respect to any plans, specifications or other construction- related matters, the Township will not be in any way liable for the design or construction of any structure, and the party that has obtained the consent or approval of the Township shall be wholly liable for such design and construction. The Owner shall facilitate the construction of any and all utilities over or under the said Encroachment(s), as may be required from time to time. The parties acknowledge and agree that the permission granted in this Agreement does not in any way whatsoever diminish the rights of the Township, or any gas, telephone, telegraph, electric light or other public utility company, their respective officers, servants, workers, employees, agents, and contractors, to enter at all times upon the Encroachment(s) for the purpose of constructing, repairing, maintaining, replacing or removing any sewers, mains, culverts, drains, water pipes, gas pipes, poles, wires or other services and installations and appurtenances thereto. The Owner shall not be entitled to any damages or compensation as a result of the reasonable exercise of the Township's or utility company's rights contained in.this paragraph. The Owner will from time to time and at all times hereafter will and truly save, defend and keep harmless and fully indemnify the Township, its officers, directors, servants, workers, employees, agents, and contractors, and any other corporations, boards, commissions or bodies having utilities or services which may in any manner be affected by the having utilities or services which may in any manner be affected by the erection or maintenance of the said Encroachment(s) and their respective officers, directors, servants, workers, employees, agents, and contractors, from and against all actions, suits, claims and demands whatsoever which may be brought against or made upon any or all of them and from and against all loss, costs, charges, damages and expenses whatsoever which may be sustained, incurred or paid by any or all of them, regardless of whether or not they be parties hereto, for or by reason of or on account of the granting by the Township to the Owner of the permission hereby granted and /or the exercise by the Owner of such permission and/or the erection and maintenance of the said Encroachment(s) and appurtenances thereto and /or anything in any manner relating thereto should any such action, suit, claim or demand be brought against or made upon the Township, or any of its officers, servants, workers or employees, the Township may, upon written notice to the Owner, and if not forbidden by the Owner within fourteen days thereafter, if the Township shall see fit, compromise any such actions, suits, claims or demands on such terms as the Township shall see fit, and the Owner shall thereupon forthwith pay to the Township the sum or sums to be paid together with such sum as shall represent the reasonable costs of the Township or its Solicitor in defending or settling any such actions, suits, claims or demands, but if the Owner forbids such compromise within the said period, or if no such compromise be effected, then the Owner may be made a party to such actions, suits, claims or demands and will in every case fully indemnify the Township, its respective officers, servants, workers or employees. 9. The construction, installation, occupation, operation and maintenance of the Encroachment(s) shall comply with all applicable statutes, by -laws and regulations including, but not limited to, the issuance of a building permit(s). 10. The Owner shall obtain and maintain public liability (personal injury and property damage) insurance covering the maintenance of the Encroachment(s) in the amount of at least Two Million Dollars ($2,000,000.00), naming the Township of Oro - Medonte as additional named insured. The Owner will rovide evidence of such insurance annually, to the Township no later than the 1 day of May in each year, naming the Township as an additional named insured. In the event the Owner's insurer is unable or unwilling to add the Township as an additional named insured to the Owner's policy, the Township agrees to add the Owner as an additional insured to its public liability policy, and any incurred premium, surcharge or administration fee occasioned thereby shall be the responsibility of and paid by the Owner in addition to those fees set out in paragraph 1. Page 60 of 103 15a) - A By -law to Authorize the Execution... 11. In addition, all such sums and costs so paid, sustained or incurred by the Township, as aforesaid, and all such annual fees, or further or other fees to be paid by the Owner as set out herein, shall form and constitute a charge or lien on the Owner's Lands until fully discharged by payment thereof and may be collected in a like manner as taxes. 12. The Township, its officers, servants, workers, employees, agents and contractors under its control or supervision shall have the right from time to time and at all reasonable times during the currency of this Agreement, to enter in and upon the said lands or any part thereof, with all necessary workers, plant, equipment and material for the purpose of inspecting the said Encroachment(s) provided that such inspection shall not free or relieve the Owner in any way whatsoever from the liability under the covenant hereinbefore set forth to keep and maintain the said Encroachment(s) in good and proper repair and condition. 13. (a) All notices, consents, approvals or other communications permitted or required to be given under this Agreement (collectively "Notices ") shall be in writing, shall not be unreasonably withheld or delayed unless otherwise specifically provided for in this Agreement, and shall be: personally delivered; sent by prepaid registered mail (except during a postal disruption or threatened postal disruption), or; sent by facsimile, in each case to the applicable address set out below: (i) in the case of the Township: 148 Line 7 South, Box 100, Oro, ON LOL 2X0 Attention: Clerk (ii) in the case of the Owner: Harold John, Susanne Marie Regan 8 Simcoeside Avenue, RR #2 Hawkestone, ON LOL 1 T (b) Any Notice shall be deemed to have been validly and effectively given and received: if personally delivered, on the date of delivery; if sent by prepaid registered mail, on the third (3rd) business day next following the date of mailing, provided, however, that during any postal disruption or threatened postal disruption, delivery shall be in person; and if sent by facsimile, on the business day next following the day on which it was sent. (c) Either party under this Agreement may from time to time by Notice to the other party change its address for service under this Agreement. 14. Nothing in this Agreement derogates from, interferes with, or fetters the exercise by the Township of all of its rights and obligations as a municipality (whether discretionary or mandatory), or imposes any obligations on the Township in its role as a municipality, and the Township shall not be prevented from or prejudiced in carrying out its statutory rights and responsibilities, including its planning rights and responsibilities. Nothing in this Agreement derogates from, interferes with, or fetters the exercise by the Township's officers, employees, agents, representatives or elected and appointed officials of all of their rights, or imposes any obligations on the Township's officers, employees, agents, representatives or elected and appointed officials, other than as expressly set out in this Agreement. 15. This Agreement may be registered on title to the Owner's Lands and the cost of preparation as stipulated in the Township's current Fees and Charges By -law as the application fee for encroachment agreements, and registration of the same shall be borne by the Owner. Page 61 of 103 15a) - A By -law to Authorize the Execution... 16. This Agreement is not assignable by the Owner and shall not enure to the benefit of the successor and assigns of the Owner. IN WITNESS WHEREOF the Township has caused to be affixed its corporate seal under the signatures of its duly authorized officers. EXECUTED at this day of THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Per: Name: H.S. Hughes Title: Mayor Per: Name: J. Douglas Irwin Title: Director of Corporate Services /Clerk I/We have authority to bind the Corporation. IN WITNESS WHEREOF the Owner hereto has hereunto affixed its hand. EXECUTEDat this 15 dayof _411 _,�o., t Witn ss a itnes Harold John ega�1 " 1 S sani—ne Marie Regan �- — Page 62 of 103 15a) - A By -law to Authorize the Execution... SCHEDULE "A" Owner's Lands Lt 37 PI 626 Oro; Pt Lt 105 PI 626 Oro as in 801426229; Oro - Medonte, 74040 -0122 (LT), Municipally known as 8 Simcoeside Avenue. z� O �t 4Ao 8 SIMCOESIDE AVENUE LAKE SIMCOE 0 5 10 20 30 40 - Meters Page 63 of 103 15a) - A By -law to Authorize the Execution... SCHEDULE "B" Existing Encroachments as approved by Township of Oro - Medonte Chief Building Official 1, 1 Aluminum Sided Shed As shown on Plan of Survey 51 R -36152 designated as Part 26 thereon, and 2. A dock As identified in photographs on file at the Township, being located on Plan of Survey 51 R -36152 designated as Part 10 thereon. Page 64 of 103 15b) - Being a By -Law to Authorize the Iss... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -177 Being a By -Law to Authorize the Issuance of the Certificate of Substantial Completion and Acceptance (Municipal Underground Services) for Moss Developments Ltd. (Country Lane Estates), Plan 51M -946 WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; AND WHEREAS Council for the Corporation of the Township of Oro - Medonte entered into a Subdivision Agreement with Moss Developments Ltd. (Country Lane Estates Subdivision) in November 2009 for twenty (20) residential lots on Caldwell Drive. AND WHEREAS the requirements of this Subdivision Agreement with respect to the underground works have now been met; NOW THEREFORE the Corporation of the Township of Oro - Medonte hereby enacts as follows: That the Certificate of Substantial Completion and Acceptance (Municipal Underground Services) for Country Lane Estates Subdivision (Moss Developments Ltd.), Plan 51 M -946 may now be issued by the Township Engineers (AECOM) in compliance with the Subdivision Agreement between the Corporation of the Township of Oro - Medonte and Moss Developments Ltd. 2. That the attached Schedule "A ", Certificate of Substantial Completion and Acceptance (Municipal Underground Services) shall form part of this By -Law. 3. That this By -law shall come into force and take effect on the final date of passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10T" DAY OF NOVEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin SCHEDULE "A" Page 65 of 103 15b) - Being a By -Law to Authorize the Iss... .6l '­q 1,".711x112 tN W.rie, ON.CSeoe LAN1Wt .C.'� :3a 0'; ;iii r•.x TOWNSHIP ENGINEERS CERTIFICATE OF SUBSTANTIAL COMPLETION AND ACCEPTANCE (MUNICIPAL UNDERGROUND SERVICES) MUNICIPALITY Township of Oro- Medrolte PROJECT Country Lane Estates Subdivision Plan 51 M - 946 DEVELOPER Moss Developments Ltd. FILE NO. 12. 89167 -51 (43.OM- 910.50) Description of the Works: SWM Facility in Blocks 22 & 26, including Storm Sower, in the Country Lane Estates Subdivision; Fire Water Reservoir in Dlock 25 in the Country Lane Estates Subdivision; We, AECOM, notify the Municipality that the above mentioned works were Inspected on October 12, 2010, and, to the best of our knowledge and judgement, are complete in accordance rdlh the Subdivision Agreement except for the deficiencies below: . Items listed in AECOM Construction Status Reportdated October 13, 2010. We hereby accept these works for use and opemlion by the Municipality subjuct to the rectification of the above noted deficiencies and to the rectification of any further deficiencies that may become appaent during the maintanance period and to the maintenance that is required by the Subdivision Agreement and its Amendment. The date of Substantial Completion and Acceptance (Municipal Underground Services) is eslubkshad by the Certificale as of October 13, 2010. l _ Da:c:ja' , Y' ztJLO SignaFUm:u Page 66 of 103 15b) - Being a By -Law to Authorize the Iss... Attachment #1 ,SCOM AECOM rAch"e wsRaer 7967219222 lei 401x. "4N,cat" L4141M 707949704 W TOWN8141P ENGt,NEIERS 0EIRf1FICA -M pi+ 01113STANTIAL COMPI ETION AND ACCEPTANCE (00I4I9IPAL UNDERGRdUNO SERVICES) MUNICIPALITY Tolnihahloof Oro- Medgete i'F?OJECT Country Lane Estates- Subdivision Plan b4M- 946 . DEVELOPER Moss Developments Ltd..., FILE NO, 12. 89167 -51 (43.OM- 99050) Des&Iiiiian of the Works.- d SWM Fatilityin Blocks 22 & 28 int;ipil(ng Storm Sewer; in (}e Coun(ry :lane Estates Subdivtsion; a Fire Water ReserVoif in Block2& in`. h Country l orie:FStaWs Sub'divis(orY. We, AECOM, notif} the Municipality that the above mdutipned. works Were lnspecled 00.Ocldber 12, 2010,. and. Doi Abe best of 601' kflbt0edge and judgeme7tt, are: complete in :accordance with the Subdivision Agreement exc@pt'Mr tho deficiencies Below; items listed in AECOM Construction; Status Report dated October 13, 2010 We; hereby abcept these Works for' use <and op'eratlon by the Municpality subject to the'rectlilcation of the above noted deficiencies-,and to the reclifidation of any further detldlenpies that:may become apparent:durltlg Ilia maintenance, period and to the maintenance. that is raqutred by the. Siibdivia(on Agreement and t }s Amandmenk The data of SobstM061 Compietion.and Acceptance (Municipal' Vndergrotmd Services) is established by the Certificateas of October t3, 2010:, Date:n-Voy �3 &iLG Signature; J' 9 wrllOdbs- DEVELOPMENT SERVICES November 3, 2010 Report No. DS2010 -053 Page 3 of 6 Page 67 of 103 15b) - Being a By -Law to Authorize the Iss... Attachment #2 Access road constructed - - .✓' " - -' "' 4 pRnd fenci M9 completed wdh ate - , • __ _ ._ _. ,.,_ . -- - _ ,5 o d topsoil seodin - '° �ndscapijeorn0 X outetandin9 - .6 lendsca to tamnleled -_0) int Md2_-H, � .:. _5 ohd5urveysubmllied .9 Pond- volume calculations submitted _ _, __ , - X X , _ . , X outs_,_tai�din &•_ . . Outstanding dutsfandln - 10 centOca fonby Engineer - .,, _ X Outstanding. _ IFl a ter R' or ij_�Well Installation, lasled end "certified. 7 WalarReservoir Tanks installed. 3 .- Eladdca Work, Completed... ' 4) ]Draft Plpe; Velyea antl Pie(nitwmpleled.., _ 5) encn Includin Acbess.Gato ,: ", , ' ✓ ✓' ✓ ": _ ✓ W&IFdoed iM on required Townspip�FtrnCinef}emai1date Oclober6 2010. - ' Towns M Fire CI1101) om'atl daled October 5,2010-1 " X Protection around stand p ere utred- ' - - - .. s Lay; By including Si ne el _ X wtg nd gin staed - !SP 13il4ty Re v10.�. I ......... . Indlviduuf so Sa s stems, l r. _. _.. ... .... - - _2 pike bodding sum 6s lacre Lance "ro on -;. 3 },; backdlll test'summarv/acceptance 7epori . 4 maintanance holes Inspected/approval:.- , _ ` -.. ;:,;, . - -' -' " ✓- ,X Soo of—nail dated August 91,2009 to Engineer. - X Soo email dated Au ust 11 2009 to Engineoc . - _ _ - .. .. .., . - - " - - ..: _6LIbenching Inspected _ _. - 0) Itop of precast 0.3m below finish grade video In action submitted farrevtew _ _ � B .video Inspection re ewe ky i roved- 0 Oushing.of sower for final acceptance. " ,� 1 Received April 1, 2010 Revised report received August 25 2010 1u) iservice record sheets 11} froadcrossinoculveds installed -- '.' _ _'... ...:- ....:.. -_ ._.-_- ,.._.._...._. _......._�_,_.___...._ ..... at el _ -_ Intliyidualviells:,.. -.. :.,'. ..> .. •- ._......__ �i} )hydro wossinps co(rmpieled :✓ - - - 2} All Works 'completed �. 3 h dro works completed '�' •—` - ✓ - ' - - .. . - 4 streelil hls7nstalad. _.. ..._. ... .. .. - ✓ ... - .:. .: -.- __... .... -. .. ... ... .... 9 streetli htsenar ized - " " " ', ...... - .._...:__ . ;.. '_' )... - " D cedi0cation` ESA dram electrical cnsultanr, ✓ - ;! . ... . .... ..... .. _... ... " .,, ... ...... __ ' . See email datedSeplember1,2009:.`_: -:- .. .7 .. as works - completed ..., ._ . - ._ , . ✓ .. - - .- -- ...... 0. 1esiconsWcted fn(ormallan. y,eled dcel ponsuilanf ,- .. - - X � - - �- - -- -, As-Coilstructed Under ound -Wor s - - - - 1 es• eonstructBd 'tnformation'sutinillted and lapproved b .AECOM_ X Dutstartdlng - 8 CertiBcateoLS.�C. Bd..11nderground lssuad - - - ✓'_, OCttiber "13; -`' inspectors Name. 1�Ji' 7 project Manager, —yam DEVELOPMENT SERVICES November 3, 2010 Report No, DS2010 -063 Page 4 of 6 Page 68 of 103 15b) - Being a By -Law to Authorize the Iss... Attachment #2 (cunt.) lbwnship of Oro= Medonte _ *WC '.r Construction �SaUS )te part . ins acted on June 2). ,suArade elavailons .confirmed by €n2ineer 3) {sub draino,inslalled =sub- rede -under curb Subdlvlcisni.COUntry iano Estatos Engineer: Robin Smilh Engineerin - tism—rearjan mber: 12. 89187 -51 (80110270y ctoO. Drurnaz Constructi on Datarober13,2010 _ 51M-948 _ _... .. lch rraanu or tes(od by Solis Consullant' -. - 6); orarlular "6" com action rp orts to AECOM 8 'granular "A'•'compadion reports is AECOM 7 h Oro crossinslnstalied END OF MAINTENANCE PERfOD FOR UNDERGROUND WORK5 . X 'X:. ! ! ... ... I Yes I No Date Com letod andComments' - �.. -ISWM Pond'. . 1 .clean out prior is endof mainlensncs }{ lnslallod July 292000. - - 11) base.Asphall' laced...-.. o So 1) 0ushin of sewer` _ � X E video inspection submitted for tevlaW - .X - 3 video ineclion'.revIeWedroVOd x - 1 lsub %is proof. rolled b AECOM - -- _ '.r . ins acted on June 2). ,suArade elavailons .confirmed by €n2ineer 3) {sub draino,inslalled =sub- rede -under curb ✓ _ _... .. lch rraanu or tes(od by Solis Consullant' -. - 6); orarlular "6" com action rp orts to AECOM 8 'granular "A'•'compadion reports is AECOM 7 h Oro crossinslnstalied ✓ X 'X:. oaWQ August 1 , 21109 to En q n¢or. See omall___ dated Autiust 11 2009 to Enoineor -' .Engineet�— S¢a omall dated Aunust.lh2OD9 to . -. II , concrete Curtis com lat¢d. 9 - curbs fn& cletl dor to l IS�IO asphalt 10 - 'concretddested by SoilsConaullanl "— '�'u' —` —� ✓ X. X lnslallod July 292000. - - 11) base.Asphall' laced...-.. InstalleB August 1A, 2009. - 12 '. si Wage- .street idenhFicalion � - 910 ; .. ✓ .. ... road notossumed .. ✓ - _. _... - -" - 13 desd- endbanicadosandsi na ¢' i 14)_ dri4eway gprons Paved � - 2 "� --`- X Inspectors Narne: z f - 2 Piojecl.Manager:< . X A DEVELOPMENT SERVICES November 3, 2010 Report No. DS2010 -053 Page 5 of 6 Page 69 of 103 15b) - Being a By -Law to Authorize the Iss... Attachment #2 (cunt.) Inspectors 3Lame: - -�! �/ & Project Manageb DEVELOPMENT SERVICES November 3, 2010 Report No. OS2010 -053 Page 6, of 6 Page 70 of 103 15c) - Being a By -law to amend By -law 97 -9... ZONING BY -LAW AMENDMENT THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY- LAW NO. 2010 -0178 Being a By -law to amend By -law 97 -95 to incorporate new definitions for Wrecking Yard and Motor Vehicle Storage Yard and the additional Permitted Uses in Table A2 — Commercial Zones and Table A3- Industrial Zones WHEREAS it is considered desirable to control development within the Township of Oro - Medonte in accordance with the Official Plan and to prohibit the use of land and the erection and use of buildings or structures except for certain purposes, and to regulate the type of construction and the height, bulk, location, size, floor area, character and use of buildings in accordance with the provisions of Section 34 of the Planning Act, R.S.O. 1990 c.P. 13 as amended; AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS the passage of such a by -law will conform with the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. That By -law 97 -95, as amended is hereby further amended as follows: (1) THAT "Section 6.0 — Definitions" is amended by adding the definition of MOTOR VEHICLE STORAGE YARD as follows: "MOTOR VEHICLE STORAGE YARD means land, building, or structure or part thereof used for the temporary storage of impounded or towed vehicles within a secure area which is fenced and gated or inside a building and where a storage fee is charged and may include property held under police or other government authority." (ii) THAT "Section 6.0 — Definitions" is amended by adding the definition of WRECKING YARD as follows: "WRECKING YARD means a place where motor vehicles are wrecked or dismantled and resold." (iii) THAT "Table A2 — Commercial Zones Permitted Uses" is hereby amended by adding "Motor Vehicle Storage Yard" as a permitted use in the General Commercial (GC) Zone. (iv) THAT "Table A3 — Industrial Zones Permitted Uses" is hereby amended by adding "Motor Vehicle Storage Yard" as a permitted use in the Economic Development (ED) Zone. 2. That Table B2 — Standards for Commercial Zones is amended by adding the following "Special Provisions" as follows: (1) That no more than one Motor Vehicle Storage Yard is permitted in a General Commercial (GC) Zone. That the maximum lot coverage of a Motor Vehicle Storage Yard is 20% 3. That Table B3 — Standards for Industrial Zones is amended by adding the following "Special Provisions" as follows: (1) That no more than one Motor Vehicle Storage Yard is permitted in an Economic Development (ED) Zone. That the maximum lot coverage of a Motor Vehicle Storage Yard is 20% 4. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10T" DAY OF NOVEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 71 of 103 15d) - Being a By -Law to Authorize the Exe... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2010 -179 Being a By -Law to Authorize the Execution of the Agreement Between The Corporation of the Township of Oro - Medonte and Her Majesty the Queen in Right of Canada, as represented by The Minister of Public Works and Government Services (Canadian General Standards Board) WHEREAS Section 8 of the Municipal Act, 2001, S. 0. 2001, c.25, as amended, provides that the a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act AND WHEREAS Section 9 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that Sections 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities; (a) to enable them to govern their affairs as they consider appropriate; and (b) to enhance their ability to respond to municipal issues; AND WHEREAS Section 224 of the Municipal Act, 2001, S. 0. 2001, c.25, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte deems it expedient to enter into an Agreement with the Her Majesty the Queen in Right of Canada, as represented by The Minister of Public Works and Government Services (Canadian General Standards Board) for the accreditation of the operating authority of municipal drinking water systems; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Chief Administrative Officer be authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this By -Law. 2. THAT the Agreement be effective commencing September 30, 2010 and expiring on September 30, 2013, as outlined in Section 1 of Schedule "A" attached hereto. 3. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY OF NOVEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 72 of 103 15d) - Being a By -Law to Authorize the Exe... BETWEEN Her Majesty the Queen in right of Canada, as represented by the Minister of Public Works and Government Services acting through the Canadian General Standards Board (hereinafter referred to as "Canada ") AND The Township of Oro - Medonte, a Municipality incorporated under the laws of the Province of Ontario, Canada, and having its head office in Oro, Ontario (hereinafter "the Operating Authority ") AGREEMENT FOR THE ACCREDITATION OF THE OPERATING AUTHORITY OF MUNICIPAL DRINKING WATER SYSTEMS WHEREAS Canada, as represented by the Minister of Public Works and Government Services, has made the Canadian General Standards Board (hereinafter "the CGSB ") responsible for the administration of certain accreditation programs; AND WHEREAS the CGSB has further to its mandate established an accreditation program for the purpose of ascertaining whether a party is capable of meeting the requirements under the Accreditation Program for Operating Authorities of Municipal Drinking Water Systems (hereinafter "the Accreditation Program "); AND WHEREAS the Operating Authority wishes to participate in and be listed under the Accreditation Program with respect to those of its Drinking Water Systems that are listed in the attached Schedule `B' AND WHEREAS the Operating Authority has made an Application to Canada representing that its services meet the requirements of Ontario's Drinking Water Quality Management Standard (hereinafter "the Standard ") as well as the Program Handbook for the Accreditation of Operating Authorities — Municipal Drinking Water Systems (hereinafter "the Handbook"),- AND WHEREAS Canada is prepared to list the Operating Authority under the Accreditation Program upon the terms and conditions and for the consideration set out herein; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements hereinafter set forth, Canada and the Operating Authority (hereinafter collectively "the Parties ") agree as follows: This non - exclusive Accreditation shall be for a term of three (3) years commencing the 30th day of September 2010 and expiring on the 30th day of September 2013. 2. The following listed documents form part of and are incorporated into this Agreement as fully and effectively as if they were set forth at length in this Agreement: a. These articles of Agreement; b. Schedule "X'— "Operating Authority's Application for Accreditation "; c. The Handbook d. Schedule "B" — "Operating Authority's Drinking Water Systems and Facilities ". Page 73 of 103 15d) - Being a By -Law to Authorize the Exe... In the event that a document on the above list is internally inconsistent or ambiguous, the wording that first appears in the document shall prevail over any subsequent wording in the document. Application Canada declares, and the Operating Authority acknowledges, that Canada's decision to enter into this Agreement is based in part upon the Operating Authority's representations and undertakings that are set out in the Operating Authority's Application for Accreditation submitted by the Operating Authority. Listing in the Accreditation Program 4. During the term of this Agreement and subject to the conditions set out herein, Canada shall list the Operating Authority as a participant in the Accreditation Program provided that the Operating Authority satisfies on an ongoing basis the terms, conditions and other requirements of the Agreement of the Accreditation Program as detailed in the Handbook. 5. The Operating Authority agrees and covenants that it will comply with and perform all its obligations in accordance with the terms, conditions, specifications, representations, undertakings and other requirements of this Agreement, the Standard and the Handbook, during the term of this Agreement and for all its drinking water systems and facilities listed at Schedule "B ", which may be amended from time to time through mutual agreement of CGSB and the Operating Authority, including taking responsibility for ensuring that: a. the Operating Authority continues to respect the representations made in the Operating Authority's Application for Accreditation (Schedule "A ") throughout the term of this Agreement; and b. the Operating Authority reports to the CGSB, without any delay, any changes to its operations, facilities and procedures, or any other changes relative to its representations made in the Operating Authority Application for Accreditation (Schedule "X'). 6. Canada also reserves the right to change the Handbook at any time. If Canada amends the Handbook, the Operating Authority will be notified that a new revision of the Handbook has been released, and it will be the sole responsibility of the Operating Authority to retrieve and implement the most current revision of the Handbook. If required, the Operating Authority will be given reasonable time to implement associated changes to its operations, facilities and procedures that are needed to conform to these amendments. After this time, Canada may require that the Operating Authority confirm in writing that it conforms to the revised Handbook. Failure to bring a listed facility into conformance with the revised Handbook within the time given for implementation shall be, at the option of Canada, either grounds for de- listing or a default under this Agreement. Similarly, the Province of Ontario may amend the Standard at any time. It is the sole responsibility of the Operating Authority to ensure that they monitor and conform to the most current revision of the Standard. If required, the Operating Authority will be given reasonable time to implement associated changes to its operations, facilities and procedures that are needed to conforin to these amendments. After this rime, Canada may require that the Operating Authority confirm in writing that it conforms to the revised Standard. Failure to bring a Page 74 of 103 15d) - Being a By -Law to Authorize the Exe... withdrawing from the Accreditation Program. The Operating Authority shall no longer use the CGSB accreditation number. Upon the Operating Authority's formal withdrawal from the Accreditation Program, Canada shall not be obligated to repay any payment or portion of any payment made by the Operating Authority that corresponds to a period of time extending beyond the withdrawal from the Accreditation Program. The Operating Authority may, at the option of the Operating Authority, terminate this Agreement by giving sixty (60) days' written notice to Canada in the manner set forth and at the address listed at Article 28. Significance of Accreditation The Operating Authority understands and agrees that Canada's execution of this Agreement and Canada's listing of the Operating Authority as a participant in the Accreditation Program means that the Operating Authority has demonstrated to the satisfaction of Canada that it is capable of conforming to the requirements of the Handbook and those of the Standard. The Operating Authority shall make no other implied or express representations as to the meaning of such a listing. The Operating Authority understands and agrees that the listing of the Operating Authority under the Accreditation Program in no way relieves the Operating Authority of the duty to uphold the laws and regulations applicable to the industry and to maintain a continuing, systematic and diligent program and a quality management system to ensure that the Operating Authority meets or exceeds the requirements of the Handbook and the Standard. Agreement to use the CGSB Accreditation number 10. During the term of this Agreement and subject to the terms and conditions set out herein, Canada hereby grants the Operating Authority the right to use the CGSB accreditation number in accordance with Section 10 of the Handbook, "Use of the CGSB name and Accreditation number ". 11. Canada shall have the right to preview and approve the use of its name, the CGSB accreditation number or any other representation of its Accreditation Program before publication, printing or other use by the Operating Authority. This right includes the right to preview any other claim or representation made by the Operating Authority ui or on advertising, promotional materials or labels that have not been assessed and listed by Canada. 12. The Operating Authority acknowledges that the CGSB accreditation number is the exclusive property of Canada and that all use of the CGSB accreditation number by the Operating Authority shall inure to the benefit of Canada. If Canada notifies the Operating Authority that it objects to a use of the CGSB accreditation number by the Operating Authority, the Operating Authority will have to cease such use immediately. The Operating Authority agrees that it will do nothing inconsistent with Canada's ownership of and title to the CGSB accreditation number, or with the rights provided to the Operating Authority under this Agreement regarding the CGSB accreditation number. Nothing in this Agreement shall give the Operating Authority any right, title or interest in the CGSB accreditation number other than the right to use the number in accordance with this Agreement. 13. The failure of the Operating Authority to conform to the terms, conditions and covenants contained in this Agreement shall entitle Canada, acting reasonably at its sole discretion, to terminate the Agreement. The Operating Authority agrees Page 75 of 103 15d) - Being a By -Law to Authorize the Exe... request to a court of competent jurisdiction for injunctive relief preventing the Operating Authority's continued use of the CGSB accreditation number. 14. The Operating Authority shall immediately notify Canada of any apparent infringement of or challenge or claim by any person relating to the CGSB accreditation number. Canada shall have the exclusive right to control as it sees fit, in its sole discretion, any settlement, litigation or other proceeding relating to such infringement, challenge or claim or otherwise relating to the CGSB accreditation number. Accreditation Program Fees 15. Each year during the term of this Agreement, in consideration of the non - exclusive accreditation granted by Canada hereby, and in consideration of Canada's activities relating to its management of the Accreditation Program and its listing of the Operating Authority as a participant, the Operating Authority shall pay to Canada fees and charges as detailed at Section 9, "Costing ", of the Handbook. 16. Payment of the said fees and charges shall be made in the manner set forth at Section 9, "Costing ", of the Handbook. Interest on Late Payments 17. The Operating Authority shall be liable to pay to Canada simple interest at the Bank Rate, plus three percent (3.00 %), on any overdue amount from the date such amount became overdue until the date prior to the date of payment, inclusively. 18. For the purposes of Article 17 a. an amount is "due and payable" when it is due and payable by the Operating Authority to Canada pursuant to the terms of this Agreement; b. an amount is "overdue" when it is unpaid on the first day following the day that it is due and payable; c. "date of payment" means the date on which the payment of the fees and charges detailed in Section 9, "Costing ", of the Handbook is received by Canada; and d. "Bank Rate" means the prevailing discount rate of interest set by the Bank of Canada at the opening of business on the date the amount of the fees and charges detailed in Section 9, "Costing ", of the Handbook become overdue. Termination for Default 19. Canada may terminate this Agreement upon giving written notice to the Operating Authority in the event that a. the Operating Authority fails, refuses or neglects, or is unable to comply with any of the provisions of this Agreement; b. the Operating Authority fails to comply with the provisions of its Application for Accreditation (Schedule "A'); c. the Operating Authority fails to comply with the requirements of the Standard Page 76 of 103 15d) - Being a By -Law to Authorize the Exe... e. any amount payable by the Operating Authority to Canada under the terms of this Agreement remains unpaid for more than sixty (60) days. 20. This Agreement shall terminate without notice, and all rights accorded to the Operating Authority under this Agreement shall be terminated, if the Operating Authority a. applies for or consents to the appointment of a receiver, receiver manager, trustee or liquidator for itself or any of its property; b. is unable or admits its inability to pay its debts as they become due; e. makes a general assignment for the benefit of creditors; d. is adjudicated bankrupt or insolvent; or e. files a voluntary petition in bankruptcy or a petition seeking reorganization or arrangement with creditors; takes advantage of any insolvency law; admits to the material allegations of a petition filed against it in any bankruptcy, reorganization or insolvency proceeding; initiates a corporate action to effect any of the foregoing; or if an order is made or a resolution passed for the winding up of the Operating Authority. 21. The Operating Authority shall be liable to Canada for all loss and damage that may be suffered by Canada by reason of any default on the part of the Operating Authority. 22. Notwithstanding anything herein to the contrary, upon termination of this Agreement for any reason of default by the Operating Authority, all fees and charges that are owing pursuant to the terms of this Agreement shall immediately become due and payable, and in no event shall Canada become obligated to repay any payment made or any portion of a payment that has been made and that corresponds to a period of time that extends beyond the date of termination by reason of default. Termination by Canada 23. Canada may, at the option of Canada, and in addition to the provisions of Article 20 herein, terminate this Agreement by giving sixty (60) days' written notice to the Operating Authority in the manner set forth and at the address listed at Article 28, 24. In the event Canada terminates this Agreement for any reason other than the Operating Authority's default in respecting any of its obligations hereunder, the annual Program Management charges will be prorated according to the number of days of the then current year during which this Agreement is in effect, and the remaining portion for that year will be reimbursed to the Operating Authority. In the event, however, that the Operating Authority terminates this Agreement pursuant to Article 8 hereof, then the Operating Authority shall not be entitled to any reimbursement. Indemnity 25. Without limiting Canada's remedies and recourses at law, the Operating Authority covenants and agrees to indemnify and save harmless Canada, the Minister of Public Works and Government Services Canada and their servants Page 77 of 103 15d) - Being a By -Law to Authorize the Exe... loss of or damage to property of others that may be or be alleged to be caused by or suffered as a result of i. the Operating Authority's operations, facilities and procedures; ii. the provision of a service by or for the Operating Authority and in connection with which the CGSB accreditation number is used, whether such use is authorized or unauthorized; or iii. any other act or omission of the Operating Authority; b. any and all liability, loss, cost, damages, legal fees and expenses of whatever kind or nature that Canada may sustain or incur by reason. or in consequence of any act or omission of the Operating Authority in respect of the right granted herein to use the CGSB accreditation number or display the certificate issued by Canada, or the right to use or the use of the CGSB accreditation number in connection with any product and/or facilities, whether authorized or unauthorized; and c. any reasonable costs that may be sustained or incurred by Canada in making any investigation on account of any such liability, loss, cost, damage, legal fees or expenses in defending or prosecuting any action, suit or other proceeding that may be brought in connection therewith or in obtaining a release from liability in connection therewith, or in enforcing any of the obligations herein contained_ Canada shall give notice to the Operating Authority of any claim, action, suit or proceeding referred to above. To the extent requested by the Attorney General of Canada, the Operating Authority shall, at its own expense, participate in or conduct the defense of any such claim, action, suit or proceeding and any negotiations for settlement of the same, but the Operating Authority shall not be liable to indemnify Canada for payment of any settlement unless it has consented to the settlement. Assignment 26. This Agreement is personal to the Operating Authority and shall not be assigned or otherwise encumbered by the Operating Authority or by operation of law, in whole or in part. Any purported assignment or encumbrance of this Agreement by the Operating Authority shall be null and void. Time is of the Essence 27. Time shall be of the essence of this Agreement. Notice 28. a. Any notice shall be in writing and may be delivered by hand or sent by e -mail, by courier, by registered mail or by facsimile or other electronic means that provides a paper record of the text of the notice, and addressed to the Party for whom it is intended at the address set out below. Any notice shall be deemed to be effective on the day it is received at that address. Page 78 of 103 15d) - Being a By -Law to Authorize the Exe... Township of Oro - Medonte 148 Line 7 South Oro, Ontario LOL 2X0 For Canada, to: Manager, Accreditation Program for Operating Authorities Canadian General Standards Board 11 Laurier Street, Place du Portage Phase I1I, 6B1 Gatineau, Quebec (Canada) K1A 1 G6 b. Either party may, by written notice to the other, change its address for purposes of this article. In the event that any notice sent to the address set out in this article, or in the latest address change notice received by the party sending the notice, shall be returned undelivered by reason of the fact that the party to whom it was addressed has moved or does not occupy the designated address, such notice shall nevertheless be deemed to have been received by such party on the date it was sent. Miscellaneous 29. This Agreement shall be governed by and construed in accordance with the laws in effect in the Province of Ontario. 30. No member of the House of Commons shall be admitted to any share or part of this Agreement or to any benefit to arise therefrom. 31. a. The Operating Authority certifies that it has not, directly or indirectly, paid or agreed to pay and agrees that it will not, directly or indirectly, pay a contingency fee for the solicitation, negotiation or obtaining of the Agreement to any person other than an employee of the Operating Authority acting in the normal course of the employee's duties. In this article, "contingency fee" means any payment or other compensation that depends or is calculated on the basis of a degree of success in soliciting, negotiating or obtaining the Agreement, and "person" includes any individual. who is required to file a return with the Commissioner of Lobbying pursuant to section 5 of the Lobbying Act, 1985, c. 44 (4th Supp.); "employee" means a person with whom the Operating Authority has an employer - employee relationship; and "person" means an individual or a group of individuals, a corporation, a partnership, an organization, an association and, without restricting the generality of the foregoing, any individual who is required to file a return with the Commissioner of Lobbying pursuant to section 5 of the Lobbying Act, 1985, c. 44 (4th Supp.) as the same may be amended from time to time. b. All accounts and records of the Operating Authority pertaining to payment of fees or other compensation for the solicitation, negotiation or obtaining of this Page 79 of 103 15d) - Being a By -Law to Authorize the Exe... c. if the Operating Authority certifies falsely under this article or is in default of the obligations contained herein, the CGSB may either terminate this Agreement for default in accordance with the termination for default provisions of the Agreement or recover from the Operating Authority the full amount of the contingency fee. 32. a. Persons in Canada, and Canadians outside of Canada, are bound by economic sanctions imposed by Canada. Details on existing sanctions can be found at www.dfait-maeci.ge.ca/trade,lsanctions-en.asp. b. The Operating Authority undertakes and agrees that it will, in the performance of this Agreement, comply with any such regulations that are in force on the effective date of the Agreement. c. The Operating Authority must comply with changes to such regulations imposed during the period of the Agreement. The Operating Authority must immediately advise Canada if it is unable to abide by the terms of the Agreement or the other documents listed at Article 2 of this Agreement, as a result of the imposition of economic sanctions against a country or person or the addition of a good or service to the list of sanctioned goods or services. if the Parties cannot agree on a workaround plan, the Agreement will be terminated. 33. This Agreement represents the entire agreement between Canada and the Operating Authority relating to the subject matter of the Agreement and supersedes all previous negotiations, communications and other agreements, whether written or oral, relating to it, unless they are incorporated by reference in the Agreement. There are no terms, covenants, representations, statements or conditions binding on the Parties other than those contained in the Agreement. 34. This Agreement shall inure to the benefit of, and shall be binding upon, the successors and permitted assignees of Canada and of the Operating Authority. 35. All of the Operating Authority's representations and warranties set out in this Agreement as well as the provisions concerning indemnity against third parry claims shall survive the expiry of the Agreement or the termination of the Agreement for default, for convenience or by mutual consent, as shall any other provision of the Agreement that, by the nature of the rights or obligations set out therein, might reasonably be expected to be intended to so survive. 36. No amendment or modification to this Agreement shall be valid and binding unless it is incorporated into the Agreement by written amendment executed by the authorized representatives of both Canada and the Operating Authority. 37. No waiver shall be valid, binding or affect the rights of the Parties unless their respective authorized representatives make it in writing. The waiver by a Party of a breach of any term or condition of the Agreement shall not prevent the enforcement of that term or condition by that Party in the case of a subsequent breach, and shall not be deemed or constitute a waiver of any subsequent breach. Every right, remedy, power and discretion vested in or acquired by Canada under this Agreement or by law shall be cumulative and non - exclusive. Page 80 of 103 15d) - Being a By -Law to Authorize the Exe... of Publics Works and Government Services acting through the Canadian General Standards Board, and has been duly executed on behalf of THE TOWNSHIP OF ORO- MEDONTE, the Operating Authority, by its duly authorized officer effective the day and year first above written. MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES (as represented by and acting through the Canadian General Standards Board) September 30, 2010 (Signature) (Date) Martin Desno, ers (Name in Print) Manager, Canadian General Standards Board (Title) OPERATING AUTHORITY The Township of Oro- Medonte (Signature) (Date) (Name in Print) (Title) (Witness Signature) (Date) (Witness Name in Print) (Witness Title) Page 81 of 103 15d) - Being a By -Law to Authorize the Exe... APPLICATION AND UNDERTAKING As per the signed application dated the 21 st day of July 2009 Page 82 of 103 15d) - Being a By -Law to Authorize the Exe... DRINKING WATER SYSTEMS AND FACILITIES Drinking Wafter System Name(s) / Address(es): Canterbury Subdivision Drinking Water System Cedar Brook Subdivision Drinking Water System Craighurst Drinking Water System Harbourwood Drinking; Water System Horseshoe Highlands Subdivision Drinking_Water System Maplewood Estates Drinking Water System Medonte Hills Drinking Water System Robin Crest Drinking Water S stem Shanty Bay Drinking Water System Sugar Bush Drinking Water Systein Warminster Drinking Water System Page 83 of 103 15e) - A By -law to Authorize the Execution... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -180 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and 1628004 Ontario Inc. described as lands as follows: Part Lot 11, Concession 7, Oro, PT RDAL BTN LTS 10 & 11, Concession 7, Oro, as closed by RO636236 & RO636237, Part 3, 51 R- 24873, Oro - Medonte Being all of PIN 58536 -0114 (LT) Roll # 4346 - 010 - 003 -26320 (1628004 Ontario Inc.) Township of Oro - Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2009 -062; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A ", on lands described on the attached Schedule "A "; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro - Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By -Law; 4. THAT this By -Law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY OF NOVEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 84 of 103 15e) - A By -law to Authorize the Execution... APPENDIX "A" SITE PLAN AGREEMENT - between - 1628004 ONTARIO INC. - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS PART OF LOT 11, CONCESSION 7, ORO, PT RDAL BTN LTS 10 & 11, CONCESSION 7, ORO AS CLOSED BY R0636236 & R0636237, PART 3, 51 R- 24873; ORO- MEDONTE November 10, 2010 By -Law No. 2010 -180 Page 85 of 103 15e) - A By -law to Authorize the Execution... THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless Section 11 Certificate of Approval SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction z Page 86 of 103 15e) - A By -law to Authorize the Execution... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this day of 2010, in accordance with Section 41 of the Planning Act. BETWEEN: 1628004 ONTARIO INC. Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the 'Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro - Medonte to permit only a composting /wood chipping operation with accessory weigh scales and workshop described in Schedule "A ", attached hereto; AND WHEREAS the Township has enacted a By -law to provide for the designation of the lands as a "Site Plan Control Area "; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule `B "; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: Page 87 of 103 15e) - A By -law to Authorize the Execution.,. 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A ", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. C) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $5000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges and Easements, or other documents required by Schedule "C ", as well as certification from the Owner's solicitor that the Transfer /Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township /Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit to permit only a composting /wood chipping operation with accessory weigh scales and workshop described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule 'B ", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: Page 88 of 103 15e) - A By -law to Authorize the Execution... a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B ". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and /or roadway, not to cause interference in any way. Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B ". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & 1) and multi -unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each 1. C. & I location and multi -unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B ", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Page 89 of 103 15e) - A By -law to Authorize the Execution... Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work "), the following securities: a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E ", with an automatic renewal clause in the amount of one hundred percent (100 %) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. C) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty -one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO- OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT Page 90 of 103 15e) - A By -law to Authorize the Execution... This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub - contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub - contractors. 11. CERTIFICATE OF APPROVAL a) That the owner be in compliance with Certificate of Approval number 1573- 7N8L5N issued from the Ministry of Environment. b) The use of the wood chipper is limited to between 7:OOam and 5:00 p.m Monday to Friday and to between 8:00 a.m and noon on Saturday. c) That the owner agrees to carry out an acoustical audit, conducted by an independent acoustical consultant, at the time the proposed use is initiated and to then carry out follow up audits if necessary and as required by the Certificate of Approval and this Site Plan Agreement to ensure compliance with MOE guideline NPC 232 for any equipment used on the site. d) That the Owner agrees that if Doppstadt DW 3060 and AK 600 wood chipper are utilized on site, they generate sound emissions which are equal to or less than the sound emissions levels (at 10m) contained in the August 2007 acoustical report prepared by Comco Petroleum Management Inc. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. Page 91 of 103 15e) - A By -law to Authorize the Execution... SIGNED, SEALED AND DELIVERED ) ) Owner: Stephan Nadeau )1628004 Ontario Inc. The Corporation of the Township of Oro - Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 92 of 103 15e) - A By -law to Authorize the Execution... SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and 1628004 Ontario Inc. LEGAL DESCRIPTION OF LANDS PART OF LOT 11, CONCESSION 7, ORO, PT RDAL BTN LTS 10 & 11, CONCESSION 7, ORO AS CLOSED BY R0636236 & R0636237, PART 3, 51R- 24873; ORO- MEDONTE Page 93 of 103 15e) - A By -law to Authorize the Execution... SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Ora - Medonte and 1628004 Ontario Inc. SITE PLAN Site Plan Drawing: R- PlanLegal Survey. Prepared by CDN Land Surveyors Inc., dated April 23, 2010. R- PlanLegal Survey. Prepared by Rudy Mak Surveying Ltd., dated August 11, 1994. SP -1 Site Plan. Prepared by Pearson - McCuaig Engineering Ltd. Accepted for construction, October 15, 2010. SG -1 Site Grading Plan. Prepared by Pearson - McCuaig Engineering Ltd. Accepted for construction, October 15, 2010. SS -1 Site Servicing Plan. Prepared by Pearson - McCuaig Engineering Ltd. Accepted for construction, October 15, 2010. STM -1 Pre - Development Stormwater Catchment Plan. Prepared by Pearson - McCuaig Engineering Ltd. Accepted for construction, October 15, 2010. STM -2 Post Development Stormwater Catchment Plan. Prepared by Pearson - McCuaig Engineering Ltd. Accepted for construction, October 15, 2010. STM -3 Internal Sub - Catchment Storm Drainage Plan. Prepared by Pearson - McCuaig Engineering Ltd. Accepted for construction, October 15, 2010. STM4 External Sub - Catchment Storm Drainage Plan. Prepared by Pearson - McCuaig Engineering Ltd. Accepted for construction, October 15, 2010. PND -1 Stormwater Management Pond — Plan View. Prepared by Pearson - McCuaig Engineering Ltd. Accepted for construction, October 15, 2010. PND -2 Stormwater Management Pond — Sections. Prepared by Pearson - McCuaig Engineering Ltd. Accepted for construction, October 15, 2010. EP -1 Erosion Control & Removals Plan. Prepared by Pearson - McCuaig Engineering Ltd. Accepted for construction, October 15, 2010. EP -2 Temporary Silt Pond Section. Prepared by Pearson - McCuaig Engineering Ltd. Accepted for construction, October 15, 2010. ND -1 Notes and Details. Prepared by Pearson - McCuaig Engineering Ltd. Accepted for construction, October 15, 2010. DS -1 Drainage Swale Sections. Prepared by Pearson - McCuaig Engineering Ltd. Accepted for construction, October 15, 2010. Landscaping Plans, Prepared by John D. Bell & Associates Ltd. Storm Water Pond Planting Planting Details Site Plan is not in a registerable form and is available from the Township of Oro - Medonte. io Page 94 of 103 15e) - A By -law to Authorize the Execution... SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and 1628004 Ontario Inc. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A m Page 95 of 103 15e) - A By -law to Authorize the Execution... SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and 1628004 Ontario Inc. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner $5000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. Page 96 of 103 15f) - A By -law to remove the Holding symb... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -181 A By -law to remove the Holding symbol applying to lands located at Part Lot 11, Concession 7, Oro, PT RDAL BTN LTS 10 & 11, Concession 7, Oro, as closed by R0636236 & R0636237, Part 3, 51 R- 24873, Oro- Medonte Being all of PIN 58536 -0114 (LT) Roll # 4346- 010 - 003 -26320 (1628004 Ontario Inc.) WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: 1.Schedule 'Al2', to Zoning By -law No. 97 -95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "Part Lot 11, Concession 7, Oro, PT RDAL BTN LTS 10 & 11, Concession 7, Oro, as closed by R0636236 & R0636237, Part 3, 51 R- 24873, Oro - Medonte Being all of PIN 58536 -0114 (LT) Roll # 4346- 010 - 003 -26320 (1628004 Ontario Inc.)" as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY OF NOVEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 97 of 103 15f) - A By -law to remove the Holding symb... Schedule "Al to By -Law No. 2010 -181 This is Schedule 'A' to By -Law 2010 -181 passed the 10 ' day of November, 2010. Mayor H.S. Hughes Clerk J. Douglas Irwin I i I 1 t 1 f I f 4 J / 1 \, OLD.BARRIE ROAD w' z J I Subject Lands TOWNSHIP OF ORO- MEDONTE Page 98 of 103 15g) - A By -law to Repeal By -law 2010 -134 ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -183 A By -law to Repeal By -law 2010 -134 and to remove the Holding symbol On lands described as follows: Part of PCL 1 -21 SEC 51- ORO-4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by R0659014; Being Part 2,3 &5 Plan 51R -37085 Township of Oro - Medonte, County of Simcoe Roll # 4346- 010 - 002 - 30010, 4346 - 010 - 002 - 30020, 4346- 010 - 002 -30030 WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: 1.Schedule 'A15', to Zoning By -law No. 97 -95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "Part of PCL 1 -21 SEC 51- ORO -4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by R0659014; Being Part 2,3 &5 Plan 51 R -37085 Roll # 4346 -010- 002- 30010, 4346- 010 - 002 - 30020, 4346- 010 - 002 -30030 (1198677 Ontario Limited)" as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY OF NOVEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 99 of 103 15g) - A By-law to Repeal By-law 2010-134 Schedule wA' to By-Law No. 2010-183 This is Schedule 'A' to By-Law 2010-183 passed the 10th day of November, 2010. Mayor H.S. Hughes Clerk J. Douglas Irwin P E A HORSESHOE VALJ__Y 0 45 90 180 270 360 TOWNSHIP OF ORO-MEDONTE Page 100 of 103 15h) - A By -law to remove the Holding symb... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -184 A By -law to remove the Holding symbol On lands described as follows: Part of PCL 1 -21 SEC 51- ORO-4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by R0659014; Being Part 4 Plan 51R -37085 Township of Oro - Medonte, County of Simcoe Roll # 4346- 010 - 002 -30040 WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: 1.Schedule 'A15', to Zoning By -law No. 97 -95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "Part of PCL 1 -21 SEC 51- ORO -4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by R0659014; Being Part 4 Plan 51 R -37085 Roll # 4346- 010 -002- 30040(Thomas Obradovich)" as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY OF NOVEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 101 of 103 15h)'A By-law to remove the Holding nymb- Schedule"'A"'to By-Law No. 2010-184 This is Schedule'A'to By-Law 2010-184 passed the I Oth day of November, 2010. Mayor H.S. Hughes Clerk J. Douglas Irwin SUBJECT LANDS X 1BO 270 360 TOWNSHIP OF ORO-MEDONTE Page 102 of 103 16a) - Being a By -Law to confirm the proce... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -182 Being a By -Law to confirm the proceedings of the Council Meeting held on Wednesday, November 10, 2010. THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, November 10, 2010, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro - Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY NOVEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 103 of 103