1990-005 Medonte By-law to regulate the erection, alteration, construction, demolition or movement of buildings within the Township of Medonte
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THE CORPORATION OF THE TOWNSHIP OF MEJX)NTE
BY -LAW NUMBER 1 990-05
BEING A BY-LAW to regulate the erection, alteration, construction, demolition
or movement of buildings within the Township of Medonte.
WHEREAS Section 5( 1) of the Building Cbde Act states that no person shall
construct or demolish or cause to be constructed or demolished a building in a
Municipality unless a pennit has been issued therefore by the Chief Building Official.
AND VvHEREi"'S Section 5( 2) of the Building Code Act permits Council to pass By-Laws
respecting the enforcement of the Building Code Act.
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NOW THEREFORE, Council of the Township of Medonte enacts as follows:
Any erection, alteration, construction, demolition or moving and relocating
of buildings within the Township of Medonte must be done in canpliance with
the Ontario Building Code, the Ontario Plumbing Code, the Ontario Fire Code
and this By-Law.
The Township of Medonte or its agents shall not be liable either directly or
indirectly for any loss or injury to life or property due to any failure of
any construction on any building or structure erected under this By-Law.
No person shall catmence or cause to be cOITmenced the demolition, erection or
alteration or moving and relocating any building or part of any building until
a permit for such has been obtained from the Township of Medonte.
A building permit, once issued shall be valid for a period of one year from
its date of issuance. If construction does not COITmence within that period,
a new permit will be required.
5) If construction begins within the one year period, and should the construction
continue for a period of two years, the Township will require a new permit be
obtained.
6) Once a building permit has been issued there will be no refund on any fees
paid to obtain the permit.
The fee structure for permits shall be as follows:
a) All new residential construction
up to and including 900 square feet
$350.00
Each additional square foot over and above
900 square feet
$
. 25 per square foot
b) All COTImercial or Industrial Construction
$300.00 per 1000 square feet
or part thereof
c) All other buildings over 1 00 square feet
of alterations to buildings or foundation
under existing buildings
$100.00
d) Additions or alterations to a plumbing
system
$ 50.00
e) Woodstove and Chimney installations or
renovations thereto
$ 50.00
$ 25.00
f) Demoli tion Permits
7) (1) The Township of Medonte, at its descretion, may require for purposes
of drainage and appearance a detailed lot grading plan be submitted
with an application for permit which shall show
a) culvert location
b ) culvert size and length
c) the centre line road elevation with the existing elevations at the
four corners of the lot
d) the proposed elevation of ground at the house and driveway, complete
with the necessary slopes.
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THE CDRPORATION OF THE TOWNSHIP OF MEJX)NTE
BY-LAW NUMBER 1990-05
7) (2) The Township of Medonte at its descretion, shall require that the lot
grading plan as outlined in section 7(1) of this By-Law, be prepared
and certified as workable by an engineer.
(3) If a site plan is prepared by an Engineer, the Township will require
a certificate from that Engineer advising that the construction conforms
with the plan.
( 4) Council of the Township of Medonte shall require a deposit in the amount
of $1,000.00 with all site plans. The deposit shall be held until the
Township is satisfied that the final lot grading complies with the plan.
Final approval will not be issued until it is determined that there is
no siltation of the Township ditches.
8) All Applications for Building Permit shall be aCCaTlpanied by plans and
documents and other information as required by the Chief Building Official.
9) Prior to any occupancy, the Township will require the following information
a) a set of as constructed plans
b) a use permit for septic issued by the Simcoe County District Unit
c) a Final Inspection Certificate for electrical from Ontario Hydro
d) proof of potability of water supply
1 0) The Township shall require 48 hours notice for my inspection. All inspections
shall be carried out in accordance with Subsection 2.4.5.1 (1) of the
regulations of the Building Code Act.
11) All residential dwellings and other buildings shall be constructed in
accordance to the setback requirements as laid out in the Township Zoning
By-Law.
12) Entrance Approvals
( 1 ) along Township Roads shall be approved by the Township Road I s Department
( 2) along County Roads shall be approved by the County of Simcoe
( 3) along Provincial Highways shall be approved by the Ministry of
Transportation
13) No Building Permit shall be issued by the Township until the Applicant has
obtained approval for their septic system from the Simcoe County Health Unit.
14) Every person who contravenes any provisions of this By-Law is guilty of an
offence under the Provincial Offences Act and upon conviction thereof shall
be liable to a fine as laid out under Section 24 of the Building Code Act,
Chapter 51, R.S.O. 1980, or under Section 321 of the Municipal Act, Chapter
302, R.S.O. 1980.
15) That By-Law 89-04 be and lS hereby repealed.
READ a first and second time, read a third time and passed this 26th day of
February, 1990.
TIITS AGREEMENI' made in duplicate this <6~ day ofT~lt~, ltt'10 A.D.,
rIllE KJNICIPAL (I)[UX)RATION OF
THE '.JU'iINSHIP OF MEIX:Nl'E;
Hereinafter called the "Municipality"
OF TIIE FIRST PART;
-and-
MAPLE LEAF DISPOSAL
Division
655452 Ontario Limited
Hereinafter called the "Contractor"
OF THE SECOND PART;
~ the Municipality is a Municipal Corporation and requires weekly
collection of garbage and recycling material.
AND ~ the said Contractor is prepared to provide these services to
the Municipality.
NOW WTTNESSETH that in consideration of the mutual covenants herein and
the considerations hereinafter stated, the parties agree as follows:
1 . For the purpose of this contract, the following words shall have the
meaning given herein;
(a) "Garbage" shall mean all rejected, abandoned or discarded household
waste, either animal or vegetable, all combustible garbage such as
paper, cardboard, boots, shoes and other wearing apparel, glass and
tin food containers, and other refuse capable of being consumed by
fire, except noncollectable waste.
(b) "Ashes" shall mean the residue of any household fuel after such fuel
has been consumed by fire, all tins, bottles, crockery, glass, etc.,
not used as food containers, waste metal, lawn and garden cuttings
and tree limbs cut in pieces not longer than three feet and tied in
bundles shall be considered as ashes.
(b) "Non-collectable waste" shall mean any waste or matter other than
garbage and ashes and shall include the following:
1 . Oil soaked or gasoline soaked rags and
any explosive or highly con~ustible
material of nature whatsoever.
2. Broken plaster, lumber or other waste or
residue resulting f ran the constnlction,
alteration, repair, demolition or rerfDval
of any buildings or structure.
3. Sawdust and! or shavings.
4. Liquid waste.
5. Hay, straw and manure.
6. Carcass of any animal.
7. Live animals or birds.
8. Fuel tanks.
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10. '1'l1e Contractor shall notify the Municipality 30 days prior to the Household
'I'rash collection, the scheduled dates that this collection will occur. 'rhe
Municipality will be responsible for advertising notice of the Household
'l'rash collection to the ratepayers.
11. 'rile Contractor agrees to supply all labour and equiItnent needed to fulfill
the requirements of this contract and agrees that his employees shall at all
times be properly dressed and shall conduct themselves in a courteous
manner. I
12. The Contractor agrees to maintain a liability insurance policy on his
operation in the nlIDunt of $2,000,000.00 showing the Corporation of the
Township of Meodnte as co-insured, insuring for the joint benefit of the
contractor and the Municipality against any liability for the property
damage or r:>ersonal injury that may arise out of the work to be perfonned by
the contractor under' this contract.
13. 'rhe Contractor agrees that he will pay all assessments under the Workers'
CU11[>8nsation Act and will produce receipts and ac1mowledgments frun the
Workers' Conpensation Board on request of the Municipality.
14. '1'he Municipality shall pay the Contractor for providing the. services
contained herein an aIIDunt based on the number of units of pickup which
shall be revised each January as per the IIDst recent assessment' roll.
'Ithe fonnula for detenoing the total number of units shall be as follows;
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Residence: each single family dwelling is 1 unit
Aparbnents: each individual apartment within a building
is 1 unit, (Le. 6 suite apartment building = 6 units)
Ccmnercial Building: each calmercial building 1 uni t
Aparbnents over a cannercial building or
at the rear of the building are 1 unit.
'1'he Municipality agrees to pay to the Contractor for providing the services,
the following unit prices:
GARBAGE OJU~EC'l'ION
$25.00 per unit per year
llEX::YCLING OJI.J..ECl'ION
16.90 per unit per year
'lD'1'AL
$41 .90 per unit per year
It is agrel3d that for the year 1990 the total estimated number of units is
3,000, resulting in a yearly contract price of:
GARI3AGE OJIJ..OCl'ION
$ 75,000.00
ROCYCLING.OJ~ION
50,700.00
'ID'fAL
$125,700.00
'1'he act~al number of units shall be determined during the first loonth of
collecbon and the contract price will be decided upon.
'1'he. .Municipa.lity agrees to Pay to the contractor 1
t tone twe fth of the annual
con rac pr1ce on the last day of each month.
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For the purpose of this contract it is agreed by bott
contractor shall be paid on the basis of 2600 units." ! parties that the
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15.
This contract shall be for a term of two (2) years, corrmencing on the 8th
day of January, 1990 up to and including the 7th day of January, 1992 and
the term of this contract may be renewed by the Municipality, in their
obsolete discretion, for an addi tional period of two (2) years, such
renewal period to be on the same terms and conditions as contained herein,
save and except for the canp8nsation to be paid by the Municipality to the
contractor, which shall be negotiated by both parties, acting reasonably.
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16. The contractor shall at all times perform his duties under this Agreement
in a manner which is satisfactory to the Municipality. If the contractor
fails to comply with any reasonable standard imposed by the Municipality or
any other governmental authority having jurisdiction, the Municipality may
notify the contractor in writipg of the unacceptable aspect of the
operation and the remedy which it requires to be applied. If the
contractor has not canplied with the terms of any such notice within seven
(7) days, the municipality shall be entitled to terminate this Agreement
forthwith by further notice in writing to the contractor. In the event of
termination, the contractor shall have no right to receive any of the
consideration payable for the unexpired portion of the contract.
In addition, the Municipality shall be entitled to use any holdback monies
or other monies then unpaid but otherwise owing to the contractor, for work
already done, in order to remedy any default on the part of the contractor.
17.
The invalidity or unenforceability of any provision of this agreement shall
not affect the validity or enforceability of any other provision and any
invalid provision shall be severable.
18.
The contractor agrees to obtain a licence under the Environmental
Protection Act which will authorize the services performed by the
contractor hereunder, and further agrees to canply with all provisions
contained in the said licence during the term of the contract, and any
renewal thereof.
19.
The contractor agrees to use a vehicle with a box that is closed on all
four sides. If the top is open, it must be equiped with a tarpaulin that
can be tied down and is capable of covering the entire load to ensure that
none of the load blows or falls off. The contractor further agrees to
gather up any ashes, garbage or other refuse that may have been spilled by
the contractor during the course of collections.
The contractor agrees that he shall not store or stockpile any ash,
garbage, refuse or recycling material on any property within the
Municipality without approval by the Municipality.
21 . The contractor agrees with the Municipality on behalf of itself, its heirs
. a~ni.str~tors, successors and assigns to indemnify and save th~
Munlclpallty harmless from any and all actions suits, claims, and demands
whatsoever which may arise either directly or indirectly by reason of any
work performed by the contractor on its behalf, in connection with the
carrying out of provisions of this contract.
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22. The contractor shallnot be permitted to assign, transfer, or sublet the
whole or any portion of this contract for the whole or any portion of the
work to be performed hereunder without the prior written consent of the
Municipality.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands
and seals.
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The Corporation of the
Township of Medonte
tY~~
Reeve
655452 ontario Limited
carrying on business as
MAPLE LEAF DISPOSAL
President