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.
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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
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Page 5 of 103
9a) - Memorandum dated November 4, 2010 fr...
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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
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`�— OLD. BARR IE ROAD
-
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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
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Page 25 of 103
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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...
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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...
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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.
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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-
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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-
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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-
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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-
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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
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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
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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-,) (-�_
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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
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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
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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...
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Page 50 of 103
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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
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1u) iservice record sheets
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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 _
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END OF MAINTENANCE PERfOD FOR UNDERGROUND WORK5 .
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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
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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.
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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)
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APPLICATION AND UNDERTAKING
As per the signed application dated the 21 st day of July 2009
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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
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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
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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
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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
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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
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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:
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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
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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
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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.
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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
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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
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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
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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
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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
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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