07 15 2009 SpCouncil AgendaTOWNSHIP OF ORO-MEDONTE
SPECIAL COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
Township vnsFip of i4
DATE: WEDNESDAY, JULY 15, 2009
Praiuf Herit(gc, Excit&:.e Fimfre TIME: IMMEDIATELY FOLLOWING COMMITTEE
OF THE WHOLE
Page
1. OPENING OF MEETING BY THE MAYOR
2. PRAYER/CONTEMPLATION/REFLECTION
3. ADOPTION OF AGENDA
a) Motion for Adoption
4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
5. MINUTES OF PREVIOUS MEETINGS:
a) Minutes of Council meeting held on June 29, 2009.
6. REPORTS OF COMMITTEES:
a) Recommendations of Committee of the Whole meeting held July 15, 2009.
7. BY-LAWS:
3-14 a) By-Law No. 2009-093 A By-law to Authorize the Execution of a Site Plan
Control Agreement between The Corporation of the
Township of Oro-Medonte and Paul Mario Pobega
and Simone Jeanette Bakker described as lands as
follows: Part Lot 8, Concession 14, Medonte as in
R0749098, Oro-Medonte being all of PIN 58521-
0071 LT, 3040 Townline 4346-020-004-18802-0000
Township of Oro-Medonte, County of Simcoe.
15-18 b) By-law No. 2009-095 A By-law to Permanently Close and Sell Part of the
Road Allowance on Part of the West Half of Lot 16,
Concession 12 (Part of PIN #58548-0001 (LT)),
(geographic Township of Oro), Township of Oro-
Medonte, described as Part 1, Plan 51R-36354,
Township of Oro-Medonte, County of Simcoe.
Page 1 of 31
Page
7. BY-LAWS:
19-20 c) By-Law No. 2009-097 Being a By-Law to Authorize the Issuance of
Certificate of Substantial Completion and
Acceptance (Underground Services) for Moon Point
Corporation, Registered Plan 51 M-881.
21-22 d) By-Law No. 2009-098 A By-law to amend By-law 2009-078 for the zoning
provisions which apply to lands within Part of Lots 8
and 9, Concession 12 (Former Township of Oro),
now in the Township of Oro-Medonte (Hillway
Equipment Ltd. 2009-ZBA-02).
23-26 e) By-Law No. 2009-099 Being a By-law to Regulate Fencing around Private
Outdoor Swimming Pools within the Township of Oro-
Medonte and to Repeal By-law No. 2005-138.
27-28 f) By-Law No. 2009-100 A By-law to authorize a Temporary Use of certain
lands for a use not permitted by Zoning By-law 97-95
on lands described as 2520 Bass Lake Sideroad
East, Lot 19 Plan 794 and Part of East Halves of
Lots 5 and 6, Concession 14 (Former Township of
Oro), now in the Township of Oro-Medonte (Kearey &
Moreland 2009-ZBA-11).
29-30 g) By-Law No. 2009-101 A By-law to amend the zoning provisions which apply
to lands within Part of Lot 1, Concession 14 (Former
Township of Oro), now in the Township of Oro-
Medonte (J. Johnson Construction Ltd. 43-OM-
93003).
8. CONFIRMATION BY-LAW
31 a) By-Law No. 2009-096 Being a By-Law to Confirm the Proceedings of the
Special Council Meeting Held on Wednesday, July
15, 2009.
9. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM
10. ADJOURNMENT
a) Motion for Adjournment
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Agenda Item # 7a) - A By-law to Authorize the Execution of a Site Plan Control A...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-093
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte
and
Paul Mario Pobega
Simone Jeanette Bakker
described as lands as follows:
PART LOT 8, CONCESSION 14, MEDONTE
AS IN R0749098, ORO-MEDONTE
BEING ALL OF PIN 58521-0071 LT
3040 TOWNLINE
4346-020-004-18802-0000
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. 2008-069, 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. 2008-069;
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 AND SECOND TIME THIS 15TH DAY OF JULY, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF JULY, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 3 of 31
Agenda Item # 7a) - A By-law to Authorize the Execution of a Site Plan Control A...
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
PAUL MARIO POBEGA
SIMONE JEANETTE BAKKER
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
PART LOT 8, CONCESSION 14, MEDONTE
AS IN R0749098, ORO-MEDONTE
BEING ALL OF PIN 58521-0071 LT
3040 TOWNLINE
4346-020-004-18802-0000
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
July, 2009
By-Law No. 2009-093
Page 4 of 31
Agenda Item # 7a) - A By-law to Authorize the Execution of a Site Plan Control A...
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
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
2
Page 5 of 31
Agenda Item # 7a) - A By-law to Authorize the Execution of a Site Plan Control A...
SITE PLAN CONTROL AGREEMENT
This Agreement made, in triplicate, this 15th day of July 2009, in accordance with
Section 41 of the Planning Act.
BETWEEN: Paul Mario Pobega
Simone Jeanette Bakker
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 the
construction of an accessory building on lands 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:
3
Page 6 of 31
Agenda Item # 7a) - A By-law to Authorize the Execution of a Site Plan Control A...
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
$N/A. 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 the construction of an
accessory building 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 7 of 31
Agenda Item # 7a) - A By-law to Authorize the Execution of a Site Plan Control 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.
c) 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 I. 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.
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Agenda Item # 7a) - A By-law to Authorize the Execution of a Site Plan Control A...
5. SECURITY
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 427 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.
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Agenda Item # 7a) - A By-law to Authorize the Execution of a Site Plan Control A...
8. BINDING EFFECT
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.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED AJkiauINWo!Pobega=Own r:
Simone Jeanette Bakker
Owner:
The Corporation of the
Township of Oro-Medonte
per:
H.S. Hughes, Mayor
J. Douglas Irwin, Clerk
Page 10 of 31
Agenda Item # 7a) - A By-law to Authorize the Execution of a Site Plan Control A...
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 Paul Mario Pobega
and Simone Jeanette Bakker
LEGAL DESCRIPTION OF LANDS
PART LOT 8, CONCESSION 14, MEDONTE
AS IN R0749098, ORO-MEDONTE
BEING ALL OF PIN 58521-0071 LT
3040 TOWNLINE
4346-020-004-18802-0000
Page 11 of 31
Agenda Item # 7a) - A By-law to Authorize the Execution of a Site Plan Control A...
SCHEDULE "B"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Paul Mario Pobega
and Simone Jeanette Bakker
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
Page 12 of 31
Agenda Item # 7a) - A By-law to Authorize the Execution of a Site Plan Control A...
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 Paul Mario Pobega
and Simone Jeanette Bakker
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
to
Page 13 of 31
Agenda Item # 7a) - A By-law to Authorize the Execution of a Site Plan Control A...
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 Paul Mario Pobega
and Simone Jeanette Bakker
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
ITEMIZE CONSTRUCTION ESTIMATE AMOUNT
N/A
2. LETTERS OF CREDIT AMOUNT
Letter of Credit to be provided by the Owner N/A
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 5 herein.
II
Page 14 of 31
Agenda Item # 7b) - A By-law to Permanently Close and Sell Part of the Road Allo...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-095
A By-law to Permanently Close and Sell Part of the Road Allowance
On Part of the West Half of Lot 16, Concession 12 (Part of PIN #58548-0001 (LT)),
(geographic Township of Oro), Township of Oro-Medonte, described as
Part 1, Plan 51 R-36354, Township of Oro-Medonte, County of Simcoe.
WHEREAS pursuant to Section 11(2) of the Municipal Act 2001, S.O. 2001, c.25, as
amended, Council is empowered to pass by-laws respecting highways;
AND WHEREAS Section 34 of the Municipal Act, S.O. 2001, c.25, as amended,
provides procedures for highway closing;
AND WHEREAS the part of the road allowance on Part of the West Half of Lot 16,
Concession 12, (geographic Township of Oro), Township of Oro-Medonte, described as
Part 1, Plan 51 R-36354, Township of Oro-Medonte, County of Simcoe, is no longer
required for municipal purposes;
AND WHEREAS Council has determined that the said lands are not required for
municipal purposes, and has by resolution declared the lands designated as part of the
road allowance on Part of the West Half of Lot 16, Concession 12, (geographic
Township of Oro), Township of Oro-Medonte, described as Part 1, Plan 51R-36354,
Township of Oro-Medonte, County of Simcoe, described in Schedule "A" attached
hereto, to be surplus to the needs of the municipality;
AND WHEREAS Section 270 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes a Council of a municipality to sell or otherwise dispose of land in accordance
with policies adopted and maintained by the municipality in respect thereof;
AND WHEREAS Council passed By-law No. 2007-083 on the 18th day of July, 2007,
being a By-law to establish a policy/procedure with respect to the sale and other
disposition of land;
AND WHEREAS Council has previously caused notice to be given of its intention to
permanently close and sell the lands described in Schedule "A" attached hereto and
forming part of this by-law, in accordance with the requirements set out in By-law 2007-
083, as amended;
AND WHEREAS Council has received no notice of objection to the proposed road
closure or the proposed sale of land from any party;
AND WHEREAS pursuant to By-law 2007-083, the Clerk of the Township of Oro-
Medonte did cause a Notice of the proposed by-law to permanently close and sell part
of the road allowance on Part of the West Half of Lot 16, Concession 12, (geographic
Township of Oro), Township of Oro-Medonte, described as Part 1, Plan 51 R-36354,
Township of Oro-Medonte, County of Simcoe, to be published in newspapers of local
circulation, a copy of which is attached as Schedule "B" and forms part of this by-law;
AND WHEREAS the proposed by-law came before Council of The Corporation of The
Township of Oro-Medonte for consideration at its meeting on the 15th day of July, 2009,
and at that time Council received no notice of objection to the proposed road closure or
proposed sale of land from any party;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. Permanently Close - Council does hereby permanently close part of the road
allowance on Part of the West Half of Lot 16, Concession 12, (Part of PIN
#58548-0001 (LT)), (geographic Township of Oro), Township of Oro-Medonte,
described as Part 1, Plan 51R-36354, Township of Oro-Medonte, County of
Simcoe, more particularly described in Schedule "A" attached hereto, and
forming part of this by-law.
Page 15 of 31
Agenda Item # 7b) - A By-law to Permanently Close and Sell Part of the Road Allo...
2. Authorization of Sale - Council does hereby authorize the sale of part of the road
allowance on Part of the West Half of Lot 16, Concession 12, (Part of PIN
#58548-0001 (LT)), (geographic Township of Oro), Township of Oro-Medonte,
described as Part 1, Plan 51R-36354, Township of Oro-Medonte, County of
Simcoe, to Peter and Kathy Newman.
3. Sale Price and Consideration - In accordance with By-law 2007-083, as
amended, Council hereby sets the sale price for land designated as part of the
road allowance on Part of the West Half of Lot 16, Concession 12, (Part of PIN
#58548-0001 (LT)), (geographic Township of Oro), Township of Oro-Medonte,
described as Part 1, Plan 51R-36354, Township of Oro-Medonte, County of
Simcoe, as follows:
Description of Land Sale Price
Part 1, 51 R-36354 $65,000.00
4. Execution of Documents - The Mayor and Clerk are hereby authorized to sign all
documents to carry out the intent of this By-law.
BY-LAW READ A FIRST AND SECOND TIME THIS 15TH DAY OF JULY, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 16 of 31
Agenda Item # 7b) - A By-law to Permanently Close and Sell Part of the Road Allo...
Schedule "A"
to By-law No. 2009-095 for
The Corporation of the Township of Oro-Medonte
Part of the Road Allowance on Part of the West Half of Lot 16, Concession 12, (Part of
PIN #58548-0001 (LT)), (geographic Township of Oro), Township of Oro-Medonte,
described as Part 1, Plan 51 R-36354, Township of Oro-Medonte, County of Simcoe.
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NOTES
Ia.1 .o<w.,n m~av ~..~an
DISIANC€5 SHOWN GN THIS PIAH I YEf ANp r
9r pN11NG 6v G .30b9 Ill
-ER 8E GOMVERIE~ TO F€El ID
€EGE116 SJRVEYON'S CINIFICATE C.T. STRONGMAN SURVEYING LTD.
Ontario Lantl Surveyor,
- - ORILLIAam Oi RIO
fi i Psa
i
PLAN OF SURVEY
OF FAR- OF THE NEST HA-F OT LOT T6. CONCESS=ON 12
(GEOGRAPHIC TOWNSHIP OF DRO)
TOWNSHIP JF ORO-MEDONTE
COUNTY OF SIMCOE
I `,•')l
. '-~CNGKA\ i .
Page 17 of 31
Agenda Item # 7b) - A By-law to Permanently Close and Sell Part of the Road Allo...
Schedule "B"
to By-law No. 2009-095 for
The Corporation of the Township of Oro-Medonte
mr r/~ NOTICE OF PROPOSED
Jyryr !/['f~rlJt~C, SALE OF LAND BY-LAW
TAKE NOTICE that the Township of Oro-Medonte proposes to pass a By-law to
permanently close and sell a part of a road allowance, in the Township of Oro-Medonte,
County of Simcoe, more particularly described in Schedule "A" hereto.
AND FURTHER TAKE NOTICE that the proposed By-Law will come before the Council of
the Township of Oro-Medonte, at its Special Council meeting to be held at the Council
Chambers on the 15th day of July, 2009, immediately following the Committee of the Whole
meeting, and at that time Council will hear in person or by his/her counsel, solicitor or agent,
any person who claims that his/her land will be prejudicially affected by the By-law. Any
person wishing to be heard or make comment on the proposed sale shall provide the
undersigned with either a written application to be heard or written comment no later than
12:00 noon on July 13, 2009.
DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 8T" DAY OF JULY. 2009.
J. Douglas Irwin,
Clerk, Township of
Oro-Medonte
148 Line 7 South,
Box 100, Oro, ON
LOL 2X0
Fax: (705) 487-0133
SCHEDULE"A"
Closure and Sale:
Part of the Road
Allowance on Part of
the West Half of Lot
16, Concession 12
(Oro), Township of
Oro-Medonte,
described as Part 1,
Plan 51 R-36354,
Township of Oro-
Medonte, County of
Simcoe.
z
s I D: RQA U
E
® 5~d~t~~ ~N~S
0 12 5 25 50 ]5 100
Meters
Page 18 of 31
Agenda Item # 7c) - Being a By-Law to Authorize the Issuance of Certificate of S...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-097
Being a By-Law to Authorize the Issuance of Certificate of
Substantial Completion and Acceptance (Underground Services)
for Moon Point Corporation, Registered Plan 51M-881
WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.C. 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 Moon Point Corporation in June 2007 to construct a
residential development consisting of fourteen (14) lots on Warbler Way.
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 (Underground
Services) for Moon Point Corporation 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 Moon Point Corporation.
That the attached Schedule "A", Certificate of Substantial Completion and
Acceptance (Underground Services) shall form part of this By-Law.
That this By-law shall come into force and take effect on the final date of passing
thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 15TH DAY OF JULY, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS TH DAY OF
JULY, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 19 of 31
Agenda Item # 7c) - Being a By-Law to Authorize the Issuance of Certificate of S...
AECOM
AECOM
10 Chealey Street, Barrie, ON, Canada L4N 1W1
T705.721.9222 F705.734.0764 www.aeoom.com
TOWNSHIP ENGINEERS
CERTIFICATE OF SUBSTANTIAL COMPLETION AND ACCEPTANCE
(MUNICIPAL UNDERGROUND SERVICES)
MUNICIPALITY Township of Oro-Medonte
PROJECT Moon Point Development
Plan 51 M-881
DEVELOPER Moon Point Corporation
FILE NO. 12-04059-50 (MHA 03045)
Description of the Works:
• Storm Drainage ditch between Lots 7 & 8 from Warbler Way to Lake Simcoe.
• Storm Drainage ditch outlet on the north side of Moon Point Drive from Warbler Way to Lake
Simcoe.
• Installation of Dry Hydrant south of Lot 1.
• Street Lights
We, AECOM, notify the Municipality that the above mentioned works were inspected on June 25, 2009
and to the best of our knowledge and judgement, are complete in accordance with the Subdivision
Agreement except for the deficiencies below:
• Roadside and drainage ditches to be topsoiled and sodded.
• "Roads Not Assumed" sign in accordance with Section 4.1.7 of the Agreement.
We hereby accept these works for use and operation by the Municipality subject to the rectification of
the above noted deficiencies and to the rectification of any further deficiencies that may become
apparent during the maintenance period and to the maintenance that is require by the Subdivision
Agreement and its Amendment.
The date of Substantial Completion and Acceptance icipal Un round Services) is established
by the Certificate as of June 25, 2009.
Date: Signature:
KA04059 50 C. and A Underground.doc
Page 20 of 31
Agenda Item # 7d) - A By-law to amend By-law 2009-078 for the zoning provisions
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY- LAW NO. 2009-098
A By-law to amend By-law 2009-078 for the zoning provisions
which apply to lands within
Part of Lots 8 and 9, Concession 12
(Former Township of Oro),
now in the Township of Oro-Medonte
(Hillway Equipment Ltd. 2009-ZBA-02)
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 Council deems it appropriate to amend an exception to the Zoning By-
law to permit the development of mineral aggregate resources uses, in accordance with
Section C12 of the Official Plan;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. Schedule 'A13' to Zoning By-law 97-95, as amended, is hereby further
amended by changing the required setbacks to pit excavation applying to the
lands located in Part of Lots 8 and 9, Concession 12 in the former geographic
Township of Oro, now in the Township of Oro-Medonte, contained in the
Mineral Aggregate Resource One Exception 163 (MAR1*163) Zone as shown
on Schedule 'A' attached hereto and forming part of this By-law.
2. Section 7 - Exceptions of Zoning By-law 97-95 as amended is hereby further
amended by deleting subsection a) (i) and adding the following subsection a)
(i):
"7.163 *163 - Part of Lots 8 and 9, Concession 12 and Part of Lot 9,
Concession 13 (Former Oro), now Township of Oro-Medonte.
a) (i) Setbacks to pit excavation, adjacent to woodlots in Part of Lots 8 and 9,
Concession 12 shall be a minimum of 15 metres, 20 metres and 35 metres in
locations as identified on Schedule 'A' attached hereto. The minimum
required setbacks to pit excavation adjacent to woodlots are further explained
as follows: Along the westerly boundary of the pit located in Part of Lot 9,
Concession 12 (Area B), the required setback is 15 metres. A 20 metre
setback is required along the westerly property boundary of the pit in Part of
Lot 8, Concession 12 (Area C). A 35 metre setback is required in an area
located in Part of Lot 8, Concession 12 adjacent to where six immature
butternut trees have been located in Area C."
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 AND SECOND TIME THIS 15TH DAY OF JULY, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 21 of 31
Agenda Item # 7d) - A By-law to amend By-law 2009-078 for the zoning provisions
Page 22 of 31
Agenda Item # 7e) - Being a By-law to Regulate Fencing around Private Outdoor Sw...
CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-099
Being a By-law to Regulate Fencing around Private Outdoor Swimming Pools
within the Township of Oro-Medonte and to Repeal By-law No. 2005-138
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that councils of local municipalities may pass by-laws respecting fences;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte
deems it necessary and expedient, and in the public interest to enact a By-law to
regulate fencing around private outdoor swimming pools within the Township of Oro-
Medonte.
NOW THEREFORE, the Council of the Corporation of the Township of Oro-Medonte
enacts as follows:
DEFINITIONS
1.1 "Owner" shall mean any lessee, tenant or person in possession of
property on which a pool is located.
1.2 "Enclosure" shall mean a fence, wall or other structure, including doors
and gates surrounding a privately owned outdoor pool to restrict access
thereto.
1.3 "Pool" means a privately owned outdoor body of water:
(a) Contained in a container that is:
(i) Artificial, manufactured or assembled;
(ii) Capable of retaining water measuring more than one metre in
depth at any point and a surface dimension in excess of three
metres; and,
(iii) Capable of being used for swimming, bathing, diving, wading or any
recreational water activity;
(b) And includes:
(i) Manufactured swimming pools, both above ground and in ground;
and,
(ii) Custom built pools;
(c) But does not include:
(i) Any container which is placed on ground at grade level and has no
depth exceeding one metre and no surface dimension exceeding
three metres.
(ii) Irrigation ponds on farms used for watering livestock or for
irrigation;
(iii) Naturally formed depressions in the ground surfaces;
(iv) Garden or fish ponds used as landscaping features with plant
materials grown in and around the pond;
(v) Hot tubs and spas; and,
(vi) Public swimming pools as defined and regulated by the Ontario
Building Code.
1.4 "Township" means The Corporation of the Township of Oro-Medonte.
Page 23 of 31
Agenda Item # 7e) - Being a By-law to Regulate Fencing around Private Outdoor Sw...
2. PROHIBITIONS
No person shall;
2.1 construct or cause to be constructed a privately owned outdoor swimming
pool without obtaining a Pool Fence Permit from the Township.
2.2 excavate for or commence construction of an in ground pool without
having erected a temporary fence which restricts access to the area in
which the in ground pool is being excavated and/or constructed.
2.3 construct or cause to be constructed a pool enclosure that does not
comply with the height and material requirements in this By-law.
2.4 place or allow to be placed, water or allow water to remain in a privately
owned outdoor swimming pool, at a depth of more than 460 mm, unless
the enclosure prescribed in this by-law has been erected and maintained
in conformance with provisions of this by-law.
2.5 allow the enclosure, as prescribed in this by-law, to be removed,
destroyed or become in a state where it does not perform its intended use.
3. PERMITS
Applications for Pool Fence Permits required in this By-law shall be made on the
prescribed form and be accompanied by the following;
3.1 A detailed site plan of the property showing the location of all buildings,
septic and the proposed swimming pool and fence, drawn to scale.
3.2 A Zoning Certificate from the Township of Oro-Medonte Development
Services Department.
3.3 A fee as authorized by the Township of Oro-Medonte's current Fees and
Charges By-law.
3.4 All permits issued in accordance with this By-law shall have an inspection
conducted to ensure compliance at the earlier of: notification of the
readiness to inspect or when the permit is more than four weeks old and
no notification to inspect has been received.
3.5 In the event that the enclosure is not complete and satisfactory, a re-
inspection shall be conducted and the appropriate fee as authorized by
the Township of Oro-Medonte's current Fees and Charges By-law shall be
charged.
3.6 As soon as possible following a satisfactory inspection of the completed
enclosure, the Township's file shall be closed.
3.7 The Township of Oro-Medonte Municipal Law Enforcement Division shall
issue permits in accordance with this By-law and shall conduct all required
inspections.
4. REGULATIONS FOR ENCLOSURES
The enclosures referred to in this By-law shall be constructed as follows;
4.1 The fence shall be a minimum of 1.2 m in height measured from anywhere
at the grade of the bottom of the fence vertically to the top.
Notwithstanding the minimum height requirement specified, no fence shall
be erected in contravention of the Township's Zoning By-law.
4.2 There shall be no opening in the fence greater than 100 mm.
Page 24 of 31
Agenda Item # 7e) - Being a By-law to Regulate Fencing around Private Outdoor Sw...
4.3 The fence shall be constructed of such material and in such a manner as
to not facilitate climbing of the fence. If the fence is constructed of lattice
or chain link, the openings in the material shall not be greater than 51 mm
x 51 mm.
4.4 Where the swimming pool is constructed wholly or partly above grade, that
portion of the construction above grade may be used in the calculation
required for height in Subsection 4.1 above provided that the remaining
requirement is met in a safe manner for pool uses.
4.5 The fence shall completely encompass the swimming pool excepting that
the wall or walls of a building may be substituted for a portion thereof
provided the fence is affixed to the building.
4.6 All fences required in this by-law, excepting fences as described in
Section 4.5 of this by-law, shall be constructed in such a manner that no
portion of the fence is closer than 1.5 m to the edge of the swimming pool.
4.7 Any opening in the pool enclosure, provided for passage through the
enclosure shall be protected by a gate, and that each gate shall be
equipped with proper locks with self locking devices and when the pool is
not in use, the gates shall be closed and locked..
4.8 Gates shall be constructed in a like manner as the fence required in
Section 4.1, 4.2 and 4.3 of this by-law.
4.9 Gates shall be provided with a lock or locks which require a key or special
knowledge to open and be self-closing and equipped with a self-latching
device which shall be located on the pool side of the fence at the top of
the gate.
4.10 Gates shall be kept closed and locked at all times except when the fenced
in area is in use by the owner, lessee or tenant of the land, or other
authorized responsible person.
4.11 For above ground pools, only the ladders, stairs or decks providing access
to the above ground pool need to be enclosed in accordance with this by-
law provided that the following conditions are maintained:
a. The sides of the above ground pool shall be not less than 1.2 metres
in height measured from the finished grade or any climbable fixture or
feature on the exterior face of the pool wall to the top rail of the pool
wall; and
b. Pumps, air conditioners, heaters, filters or other appliances or
equipment shall be located not less than 1.5 metres from the top rail
of the pool walls or shall be enclosed in accordance with this by-law.
5. OFFENCES
Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine or penalty as provided for in the Provincial
Offenses Act, R.S.O. 1990, c. P. 33.
6. SEVERABILITY
If any court of competent jurisdiction finds any of the provisions of the By-Law are
ultra vires of the jurisdiction of the Township, or are invalid for any other reason,
such provisions shall be deemed to be severed and shall not invalidate any other
provision of the By-Law which shall remain in full force and effect.
Page 25 of 31
Agenda Item # 7e) - Being a By-law to Regulate Fencing around Private Outdoor Sw...
CITATION
This By-law may be cited as the "Pool Fence By-law".
8. REPEAL
That By-law No. 2005-138 is hereby repealed in its entirety.
9. That this by-law shall take effect on the final passing thereof.
BY-LAW READ THIS 15TH DAY OF JULY, 2009.
BY-LAW READ AND FINALLY PASSED THIS DAY OF 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 26 of 31
Agenda Item # 7f) - A By-law to authorize a Temporary Use of certain lands for a
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY- LAW NO. 2009-100
A By-law to authorize a Temporary Use of certain lands for a use not permitted by
Zoning By-law 97-95 on lands described as 2520 Bass Lake Sideroad East,
Lot 19 Plan 794 and Part of East Halves of Lots 5 and 6, Concession 14
(Former Township of Oro),
now in the Township of Oro-Medonte
(Kearey & Moreland 2009-ZBA-11)
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 an application has been submitted to the Township of Oro-Medonte to
establish a Temporary Use;
AND WHEREAS Council deems it appropriate to grant a Temporary Use in accordance
with Section E1.2 of the Official Plan;
AND WHEREAS Section 39 of the Planning Act, R.S.O. 1990 c.P.13, as amended, in
accordance with Section 34, provides the authority to establish temporary uses;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. Notwithstanding the permitted uses of By-law 97-95 as they apply to 2520
Bass Lake Sideroad East, Lot 19 Plan 794 and Part of East Halves of Lots 5
and 6, Concession 14 (Former Township of Oro), as shown on Schedule "A"
attached hereto, these lands may be temporarily used for a musical festival
event on Saturday August 1, 2009 and Sunday August 2, 2009 and accessory
overnight camping on Saturday August 1, 2009.
2. Schedule "A", attached forms part of this By-law.
3. This By-law is enacted by Council in accordance with the Planning Act, will
take effect on Saturday August 1, 2009 and is in effect until Sunday August 2,
2009 and is hereby repealed after that date.
BY-LAW READ A FIRST AND SECOND TIME THIS 15TH DAY OF JULY, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 27 of 31
Agenda Item # 7f) - A By-law to authorize a Temporary Use of certain lands for a
Page 28 of 31
Agenda Item # 7g) - A By-law to amend the zoning provisions which apply to lands...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY- LAW NO. 2009-101
A By-law to amend the zoning provisions which apply to lands within
Part of Lot 1, Concession 14
(Former Township of Oro),
now in the Township of Oro-Medonte
(J. Johnson Construction Ltd. 43-OM-93003)
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 Council deems it appropriate to amend an exception to the Zoning By-
law to permit the development of residential and local commercial uses, in accordance
with Section C3 of the Official Plan;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte
hereby enacts as follows:
Schedule 'A18' to Zoning By-law 97-95, as amended, is hereby further
amended by changing the zone symbols applying to the lands located in Part
of Lot 1, Concession 14, in the former geographic Township of Oro, now in
the Township of Oro-Medonte, from Agricultural/Rural (A/RU*15) Exception
15 Zone, Open Space (OS) Zone and Environmental Protection (EP) to the
Residential One Holding (R1(H)) Zone, Local Commercial Holding (LC (H))
Zone and Open Space (OS) as shown on Schedule `A' attached hereto and
forming part of this By-law.
2. The lands zoned Residential One (R1) Zone and Local Commercial (LC)
Zone shall be subject to a Holding (H) provision in accordance with Section
2.5 of By-law 97-95, as amended. The Holding Provision shall not be
removed until the Draft Plan of Subdivision 43-OM-93003 has been
registered.
3. 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 AND SECOND TIME THIS 15TH DAY OF JULY, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 29 of 31
Agenda Item # 7g) - A By-law to amend the zoning provisions which apply to lands...
Page 30 of 31
Agenda Item # 8a) - Being a By-Law to Confirm the Proceedings of the Special Cou...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-096
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE
SPECIAL COUNCIL MEETING HELD ON WEDNESDAY, JULY 15, 2009
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE HEREBY ENACTS AS FOLLOWS:
1. THAT the action of the Council at its Special Council Meeting held on
Wednesday, July 15, 2009, 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 AND SECOND TIME THIS 15TH DAY OF JULY, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF
J U LY, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 31 of 31