THE MUNICIPALITY OF NORTH PERTH COUNCIL AGENDA · Regular Council Meeting –May 7th, 2018 P a g e...

THE MUNICIPALITY OF NORTH PERTHCOUNCIL AGENDA

Date: May 14, 2018Time: 7:00 pmLocation: Municipality of North Perth Council Chambers

Accessibility of Documents:Documents are available in alternate formats upon request. If you require an accessible format orcommunication support, please contact the Clerk's Department at 519-292-2062 or by email [email protected] to discuss how best we can meet your needs

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1. CALL TO ORDER

In accordance with Section 30.1 of the North Perth Procedural By-law 40-2015,please turn off your cellular phones or any similar communication device duringthe meeting.

2. REGULAR MEETING:

2.1 Disclosure of Pecuniary Interest and the General Nature Thereof

2.2 Opening of Meeting; approve or amend the agenda for tonight's meeting

3. CONSENT AGENDA

Items listed under the Consent Agenda are considered routine, may requirediscussion but not action on the part of Council. Consent items are received inone motion. Council members may request that one or more items be removedfor further action.

3.1 North Perth Council May 7th, 2018 Regular Council Meeting Minutes 1 - 7

3.2 North Perth Committee of Adjustment - Applications for Minor Variance 8 - 12

A05/2018 by O'Malley Homes (Waterloo) Inc.●

A06/2018 by Cleon Martin●

A07/2018 by Brent Williams●

A08/2018 by Matthew Albrecht●

A09/2018 by Doug Kellum●

3.3 Randy Pettapiece, MPP Perth - Wellington - News Release entitled"Pettapiece congratulates Municipalities on Receiving TransportationGrant "

13 - 13

3.4 Attorney General Yasir Naqvi regarding Charitable Lottery Licences 14 - 23

3.5 Ministry of Community Safety and Correctional Services regarding theframework for the delivery of Municipal Fire Services

24 - 62

3.6 Grand River Conservation Authority Grand Actions April 2018 Newsletter 63 - 70

4. PUBLIC MEETINGS/PUBLIC HEARINGS/DELEGATIONS

Communications (written and verbal) addressed to Council will become part ofthe public record

4.1 Public Meeting to consider Housekeeping Amendments to the NorthPerth Zoning By-law

71 - 115

By-law 70-2018, being a By-law to amend the North Perth Zoning By-law6-ZB-1999

5. REPORTS

5.1 CAO

5.1.1 County of Perth - Joint Purchasing of 911 Signs 116 - 116

5.2 Clerk

5.3 Director of Recreation

5.4 Director of Finance/Treasurer

5.4.1 Accounts dated May 14th, 2018 117 - 117

5.4.2 Perth Meadows Accounts dated May 14th, 2018 118 - 118

5.4.3 Vacancy Rebate and Reduction Program – County CouncilReport

119 - 124

5.5 Manager of Environmental Services

5.6 Manager of Operations

5.6.1 Rocher Road Storm Sewer Construction 125 - 128

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5.6.2 Award of Monkton Arena, Fire Hall and Nelson Street Paving 129 - 130

5.7 Fire Chief

6. COUNCIL REPORTS

6.1 Council Report Requests

7. CORRESPONDENCE

7.1 Royal Canadian Legion Branch 259 - Roy Bean Horseshoe Tournamentand Modean's Reunion Shoe and Shine

131 - 131

8. BY-LAWS

8.1 68-2018 - Garden Suite Agreement with Dale Kuepfer 132 - 136

9. NOTICE OF MOTIONS

10. OTHER

10.1 Announcements

11. CLOSED SESSION MEETING

12. REPORTING OUT

13. CONFIRMATORY BY-LAW

13.1 By-law No.71-2018 Confirmatory By-law

14. ADJOURNMENT:

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Regular Council Meeting –May 7th, 2018 P a g e 9 2 9 Municipality of North Perth Council Chambers

Members Present Mayor Julie Behrns Councillor Ken Buchanan Councillor Paul Horn Councillor Vince Judge Deputy Mayor Doug Kellum Councillor David Ludington Councillor Matt Richardson Councillor Meredith Schneider Councillor Terry Seiler

Members Absent Councillor Matt Duncan

Staff Present CAO Kriss Snell Clerk Patricia Berfelz Manager of Operations Lyndon Kowch Planner Sean Yilmaz Deputy Clerk Danette Beare

Others Present Reporter for the Listowel Banner Andrew Smith Reporter for CKNX Ryan Drury

1. CALL TO ORDER

Mayor Behrns called the meeting to order at 7:00 p.m.

2. REGULAR MEETING:

2.1 Disclosure of Pecuniary Interest and the General Nature Thereof

Mayor Julie Behrns indicated a conflict of interest with Agenda Item 5.4.1 because she owns lands accessed in the McKnight Branch A Municipal Drain and the Walter Municipal Drain.

2.2 Opening of Meeting; approve or amend the agenda for tonight's meeting

Resolution No. 623.05/18 Moved By David Ludington, Seconded By Meredith Schneider THAT: The Agenda for tonight's meeting, as amended, be approved.

CARRIED

3. CONSENT AGENDA

3.1. North Perth Council April 23rd, 2018 Regular Council Meeting Minutes 3.2. North Perth Public Library Board Meeting March 6th, 2018 Minutes 3.3. North Perth Building Department Report for the month of April 3.4. North Perth Animal Control - Canine Report for April 2018 3.5 North Perth Committee of Adjustment Meeting April 24th, 2018 Minutes 3.6. North Perth Committee of Adjustment - Application for Minor Variance

A04/2018 by 2459825 Ontario Inc. 3.7. North Perth Joint Health and Safety Committee Meeting April 12th, 2018

Minutes 3.8. County of Perth Land Division - Applications for Consent B14/18 by Georg

Wolfgang and Antje Mueller and B11/18 by Elwood and Debora Gottfried 3.9. MPAC 2017 Annual Report and Financial Statements 3.10. Ministry of Agriculture, Food and Rural Affairs - 2018 Premier's Award for the

Agri-Food Innovation Excellence

Resolution No. 624.05/18 Moved By Vince Judge, Seconded By Ken Buchanan THAT: Consent Items 3.1 to 3.10 be received for information and the minutes of the April 23rd, 2018 Regular Council Meeting be adopted.

CARRIED

4. PUBLIC MEETINGS/PUBLIC HEARINGS/DELEGATIONS

4.1 Presentation of Medallions to the Listowel Atom B OMHA Champions and U18 Ontario Provincial Curling Champions

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Mayor Julie Behrns provided a summary regarding the success of the U18 Ontario Provincial Curling champions and Listowel A B OMHA champions. Medallions and certificates were presented to the team members and coaches.

4.2 Public Meeting to consider a Site Plan Application by Craig Lawrence

Resolution No. 265.05/18 Moved By David Ludington, Seconded By Terry Seiler THAT: The Council of the Municipality of North Perth will proceed to a Public Meeting concerning proposed site plans affecting properties described as Lots 192 and 194 Registered Plan 182 owned by Craig Lawrence and Kathy-Jo O'Grady.

CARRIED

The minutes are attached as Schedule “A”

Resolution No. 266.05/18 Moved By Terry Seiler, Seconded By Matt Richardson THAT: The Council of the Municipality of North Perth will hereby close the Public Meeting concerning proposed site plans affecting properties described as Lots 192 and 194 Registered Plan 182 owned by Craig Lawrence and Kathy-Jo O'Grady.

CARRIED

Resolution No. 267.05/18 Moved By Ken Buchanan, Seconded By Vince Judge THAT: By-law No. 55-2018, being a by-law to authorize the signing of a Site Plan Agreement with Craig Lawrence and Kathy-Jo O’Grady, be introduced, read and considered read a first, second and third time and be finally passed and that the said By-law be signed by the Mayor and the Clerk and sealed with the seal of the Corporation.

CARRIED

Resolution No. 268.05/18 Moved By Matt Richardson, Seconded By Doug Kellum THAT: By-law No. 56-2018, being a by-law to authorize the signing of a Site Plan Agreement with Craig Lawrence and Kathy-Jo O’Grady, be introduced, read and considered read a first, second and third time and be finally passed and that the said By-law be signed by the Mayor and the Clerk and sealed with the seal of the Corporation.

CARRIED

5. REPORTS

5.1 CAO

5.1.1 Municipal Election 2018, Lame Duck Periods (Restricted Acts of Council)

Resolution No. 269.05/18 Moved By Meredith Schneider, Seconded By Paul Horn THAT: The Council of the Municipality of North Perth receive the Municipal Election 2018, Lame Duck Council Provisions Report, prepared by the CAO, dated May 7th, 2018 for information; AND FURTHER THAT: A determination whether the Council of the Municipality of North Perth is impacted by Section 275 of the Municipal Act, 2001, known as the “Lame Duck” provision, will be made by the Municipal Clerk after July 27, 2018 (Nomination Day) to October 22, 2018, and from October 22, 2018 (Election Day) to November 30th, 2018 (End of the Term); AND FURTHER THAT: In accordance with Section 275, the Council of the Municipality of North Perth delegate to the Chief Administrative Officer authority over the following actions; the hiring, dismissal, appointment, or removal from office any officer of the municipality the disposition or any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and

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making any expenditures or incurring any other liability which exceeds $50,000; AND FURTHER THAT: This delegation is conditional and effective upon the provisions of Section 275 of the Act coming into effect in the Municipality of North Perth; AND FURTHER THAT: This authority is extended only until the first meeting of the new Council; AND FURTHER THAT: The Chief Administrative Officer provide a report to Council on all action taken pursuant to this delegation.

CARRIED

5.2 Clerk

5.2.1 Application for Site Plan Agreement by HIEH Family Holdings Inc.

Resolution No. 270.05/18 Moved By Meredith Schneider, Seconded By Vince Judge THAT: By-law No. 57-2018, being a by-law to authorize the signing of a Site Plan Agreement with HIEH Family Holdings Inc., be introduced, read and considered read a first, second and third time and be finally passed and that the said By-law be signed by the Mayor and the Clerk and sealed with the seal of the Corporation.

CARRIED

5.3 Director of Recreation

5.4 Director of Finance/Treasurer

Mayor Julie Behrns passed the Chair to Deputy Mayor Doug Kellum and left the meeting.

5.4.1 Drain By-laws – Holman, Purcell, McIntosh & McKnight Branch B, Walter and McKnight Main

Resolution No. 271.05/18 Moved By David Ludington, Seconded By Matt Richardson THAT: By-law 59-2018, being a by-law to authorize the Maintenance and Repair of the Holman Municipal Drain be introduced, read and considered read a first, second and third time and be finally passed and that the said by-law be signed by the Mayor and the Clerk and sealed with the seal of the Corporation.

CARRIED

Resolution No. 272.05/18 Moved By Vince Judge, Seconded By Paul Horn THAT: By-law 60-2018, being a by-law to authorize the Maintenance and Repair of the McIntosh Municipal Drain be introduced, read and considered read a first, second and third time and be finally passed and that the said by-law be signed by the Mayor and the Clerk and sealed with the seal of the Corporation.

CARRIED

Resolution No. 273.05/18 Moved By Meredith Schneider, Seconded By David Ludington THAT: By-law 61-2018, being a by-law to authorize the Maintenance and Repair of the Purcell Municipal Drain be introduced, read and considered read a first, second and third time and be finally passed and that the said by-law be signed by the Mayor and the Clerk and sealed with the seal of the Corporation.

CARRIED

Resolution No. 274.05/18 Moved By Terry Seiler, Seconded By Meredith Schneider THAT: By-law 62-2018, being a by-law to authorize the Maintenance and Repair of the McKnight Branch B Municipal Drain be introduced, read and considered read a first, second and third time and be finally passed and that the said by-law be signed by the Mayor and the Clerk and sealed with the seal of the Corporation.

CARRIED

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Resolution No. 275.05/18 Moved By Paul Horn, Seconded By Ken Buchanan THAT: By-law 63-2018, being a by-law to authorize the Maintenance and Repair of the Walter Municipal Drain be introduced, read and considered read a first, second and third time and be finally passed and that the said by-law be signed by the Mayor and the Clerk and sealed with the seal of the Corporation.

CARRIED

Resolution No. 276.05/18 Moved By Meredith Schneider, Seconded By Terry Seiler THAT: By-law 64-2018, being a by-law to authorize the Maintenance and Repair of the McKnight Main Municipal Drain be introduced, read and considered read a first, second and third time and be finally passed and that the said by-law be signed by the Mayor and the Clerk and sealed with the seal of the Corporation.

CARRIED

Mayor Behrns resumed the Chair.

5.5 Manager of Environmental Services

5.6 Manager of Operations

5.6.1 Award the tender for the Drager Municipal Drain

Resolution No. 277.05/18 Moved By Meredith Schneider, Seconded By Matt Richardson THAT: The Council of the Municipality of North Perth award the tender for the work on the Drager Municipal Drain, as per the recommendation from Dietrich Engineering Limited to Marquardt Farm Drainage Ltd in the amount of $84,947.96 plus applicable taxes.

CARRIED

5.7 Fire Chief

6. COUNCIL REPORTS

6.1 May 3rd, 2018 County Council Report

Resolution No. 278.05/18 Moved By Vince Judge, Seconded By Paul Horn THAT: The Council of the Municipality of North Perth receive the May 3rd, 2018 County Council Report for information.

CARRIED

6.2 Mayors Activity Report for the Month of April 2018

Resolution No. 279.05/18 Moved By Doug Kellum, Seconded By Meredith Schneider THAT: The Council of the Municipality of North Perth receive the Mayor's Activity Report for the month of April 2018 for information.

CARRIED

6.3 Council Report Requests

Resolution No. 280.05/18 Moved By Matt Richardson, Seconded By Ken Buchanan THAT: The Council of the Municipality of North Perth direct the Planner to investigate the inclusion of elevation plans as part of the Site Plan Control process.

CARRIED

7. CORRESPONDENCE

7.1 Heart and Stroke Foundation of Ontario - Heart and Stroke Big Bike Event

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Resolution No. 281.05/18 Moved By Paul Horn, Seconded By Terry Seiler THAT: The Council of the Municipality of North Perth approve the request from the Huron Perth and North Oxford Heart and Stroke Foundation to host the Annual Heart & Stroke Big Bike Event in Listowel as follows: • Event Date: May 28th, 2018 • Host Site: Crabby Joes • Start time: 2pm End time: 8pm • Proposed Route: South on Wallace Ave. South, turn west on Elma St. turn

north on Livingstone Ave North, turn east on Main St. West, turn south on Wallace Ave. South ending on Wallace Ave S between Main St W and Elma St West.

AND FURTHER THAT: North Perth Public Works, Fire, OPP and Perth County EMS will be advised of this event.

CARRIED

8. BY-LAWS

8.1 17-2018 - Atkin Branch 'B' Municipal Drain (Third Reading)

Resolution No. 282.05/18 Moved By Vince Judge, Seconded By Paul Horn THAT: By-law No. 17-2018, being a by-law to provide for a Drainage Works (Atkin Branch "B" Municipal Drain), be introduced, read and considered read a third time and be finally passed and that the said By-law be signed by the Mayor and the Clerk and sealed with the seal of the Corporation.

CARRIED

8.2 28-2018 - Baker Municipal Drain 2018 (Third Reading)

Resolution No. 283.05/18 Moved By Terry Seiler, Seconded By Ken Buchanan THAT: By-law No. 28-2018, being a by-law to provide for a Drainage Works (Baker Municipal Drain), be introduced, read and considered read a third time and be finally passed and that the said By-law be signed by the Mayor and the Clerk and sealed with the seal of the Corporation.

CARRIED

8.3 30-2018 - McKnight Municipal Drain 2018 (Third Reading)

Resolution No. 284.05/18 Moved By Vince Judge, Seconded By Meredith Schneider THAT: By-law No. 30-2018, being a by-law to provide for a Drainage Works (McKnight Municipal Drain), be introduced, read and considered read a third time and be finally passed and that the said By-law be signed by the Mayor and the Clerk and sealed with the seal of the Corporation.

CARRIED

9. NOTICE OF MOTIONS

Councillor Terry Seiler requested a report regarding 1/3 tax exemption for Council members. Kriss Snell, indicated that the Human Resource Committee has discussed this matter and a report will be forthcoming.

10. OTHER

10.1 Announcements

12. REPORTING OUT

13. CONFIRMATORY BY-LAW

Mayor Julie Behrns passed the Chair to Deputy Mayor Doug Kellum and left the meeting.

13.1 By-law No. 65-2018 Confirmatory By-law

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Resolution No. 285.05/18 Moved By David Ludington, Seconded By Matt Richardson THAT: By-law No. 65-2018, being a By-law to confirm generally previous actions of the Council of the Municipality of North Perth; be introduced, read and considered read a first, second and third time and be finally passed and that the said By-law be signed by the Mayor and the Clerk and sealed with the seal of the Corporation.

CARRIED

Mayor Behrns resumed the Chair.

14. ADJOURNMENT:

Resolution No. 286.05/18 Moved By Vince Judge, Seconded By Meredith Schneider THAT: The Council meeting adjourns at 8:04 p.m. to meet again for general Council business on Monday, May 14th, 2018 at 7:00 p.m.

CARRIED

_________________________

MAYOR

_________________________

CLERK

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Schedule “A” to the minutes dated May 7th, 2018

RECORD OF PROCEEDINGS OF THE PUBLIC MEETING HELD IN THE MUNICIPALITY OF NORTH PERTH COUNCIL CHAMBERS ON MONDAY, MAY 7th, 2018 AT 7:19 P.M.

Present for the Public Meeting were members of Council except Councillor Matt Duncan. (Mayor Behrns was the Chairperson.)

Sean Yilmaz, Planner indicated the purpose of the public meeting was to consider proposed site plans for properties described as Lot 194 Plan 182 (865 Davidson Avenue North, Listowel) and Lot 192 Plan 182 (845 Davidson Avenue North, Listowel) for the construction of a fourplex dwelling on each lot.

Clerk, Patricia Berfelz indicated the notices inviting persons to the public meeting were mailed on April 27th, 2018 by first class mail to landowners adjacent to the subject property, advising of the Public Meeting to consider the proposed Site Plan.

Clerk Patricia Berfelz indicated correspondence had been received from Paul and Sherri Berfelz indicating concerns with drainage and requesting a six foot fence or vegetative screening be planted in the rear yard.

Jamie Watson, 835 Davidsosn Avenue North requested that a four-way stop be erected at Davidson Avenue and McKenzie Street. He asked where the dwelling will be located and the status of the drainage works for the property.

Staff indicated that easement documents for drainage works between the applicable landowners have been prepared and waiting for execution. It was noted that construction will not commence on the site until the easements are in place.

Councillor Doug Kellum asked if these easement will rectify drainage problems on Blake Street.

It was noted these drainage concerns are not related.

Previous proposals for the two lots were discussed however, it was confirmed that a fourplex dwelling is proposed for each lot.

Resolution No. 266.05/18 Moved By Terry Seiler, Seconded By Matt Richardson THAT: The Council of the Municipality of North Perth will hereby close the Public Meeting concerning proposed site plans affecting properties described as Lots 192 and 194 Registered Plan 182 owned by Craig Lawrence and Kathy-Jo O'Grady.

CARRIED

There being no further comments, the Chairperson declared the Public Meeting closed at 7:30 p.m.

Patricia Berfelz, Clerk CARRIED

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MUNICIPALITY OF NORTH PERTH COMMITTEE OF ADJUSTMENT

NOTICE OF PUBLIC HEARING OF APPLICATION FOR MINOR VARIANCE/PERMISSION Section 45(5) of The Planning Act, R.S.O. 1990

FILE NUMBER: A05/2018 RE: AN APPLICATION BY: O'Malley Homes (Waterloo) Inc. LOCATION OF PROPERTY: Lot 16 Plan 44M46

Rogers Road PURPOSE OF APPLICATION: To reduce the minimum interior side yard requirement from 1.5 m to

1.4 m to permit the construction of a single family dwelling. TAKE NOTICE that an application under the above file number will be heard by the Committee on the date, and at the time and place shown below. DATE AND TIME: May 22, 2018 at 7:00 p.m. PLACE: North Perth Municipal Building, Committee Room

330 Wallace Avenue North, Listowel PUBLIC HEARING: You are entitled to attend this public hearing in person to express your views about this application or you may be represented by counsel for that purpose. If you are aware of any person interested in or affected by this application who has not received a copy of this notice you are requested to inform that person of this hearing. If you wish to make written comments on this application they may be forwarded to the Secretary of the Committee at the address show below. If a person or public body does not make oral submissions at the public hearing or make written submissions to the North Perth Committee of Adjustment before the Decision is made, the person or public body is not entitled to appeal the decision of the North Perth Committee of Adjustment to the Ontario Municipal Board. FAILURE TO ATTEND HEARING If you do not attend at the hearing it may proceed in your absence and, except as otherwise provided in The Planning Act, you will not be entitled to any further notice in the proceedings. NOTICE OF DECISION A copy of the decision of the Committee will be sent to the applicant and to each person who appeared in person or by counsel at the hearing and who has filed with the Secretary a written request for notice of the decision. ADDITIONAL INFORMATION relating to the proposed amendment is available for inspection during office hours at the Municipal Office DATED May 10, 2018 Mrs. Danette Beare, CMO Secretary-Treasurer, Municipality of North Perth Committee of Adjustment 330 Wallace Avenue North, Listowel, ON N4W 1L3 Telephone: 519-292-2063; Email [email protected]

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MUNICIPALITY OF NORTH PERTH COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING OF APPLICATION FOR MINOR VARIANCE/PERMISSION

Section 45(5) of The Planning Act, R.S.O. 1990 FILE NUMBER: A06/2018 RE: AN APPLICATION BY: Cleon Martin on behalf of Property Owner Martin Jantzi LOCATION OF PROPERTY: 5134 Perth Line 55 (Lot 34, Concession 18, Elma Ward) PURPOSE OF APPLICATION: To reduce the minimum manure storage setback distance of the nearest road allowence from 11 metres (36 feet) to 8 metres (25 feet) to permit a cover on an existing solid manure storage. TAKE NOTICE that an application under the above file number will be heard by the Committee on the date, and at the time and place shown below. DATE AND TIME: May 22, 2018 at 7:00 p.m. PLACE: North Perth Municipal Building, Committee Room

330 Wallace Avenue North, Listowel PUBLIC HEARING: You are entitled to attend this public hearing in person to express your views about this application or you may be represented by counsel for that purpose. If you are aware of any person interested in or affected by this application who has not received a copy of this notice you are requested to inform that person of this hearing. If you wish to make written comments on this application they may be forwarded to the Secretary of the Committee at the address show below. If a person or public body does not make oral submissions at the public hearing or make written submissions to the North Perth Committee of Adjustment before the Decision is made, the person or public body is not entitled to appeal the decision of the North Perth Committee of Adjustment to the Local Planning Appeal Tribunal. FAILURE TO ATTEND HEARING If you do not attend at the hearing it may proceed in your absence and, except as otherwise provided in The Planning Act, you will not be entitled to any further notice in the proceedings. NOTICE OF DECISION A copy of the decision of the Committee will be sent to the applicant and to each person who appeared in person or by counsel at the hearing and who has filed with the Secretary a written request for notice of the decision. ADDITIONAL INFORMATION relating to the proposed amendment is available for inspection during office hours at the Municipal Office DATED May 10th, 2018 Mrs. Danette Beare, CMO Secretary-Treasurer, Municipality of North Perth Committee of Adjustment 330 Wallace Avenue North, Listowel, ON N4W 1L3 Telephone: 519-292-2063; Email [email protected]

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FILE NUMBER: A07/2018 RE: AN APPLICATION BY: Brent Williams LOCATION OF PROPERTY: Lot 11 Concession 5 Wallace

5366 Line 88 PURPOSE OF APPLICATION: To reduce the calculated Minimum Distance Separation II (MDS II)

setback distance from the nearest neighbouring dwelling to the east from 588 metres (1,930 feet) to 299 metres (980 feet) and from the nearest neighbouring dwelling to the west from 588 metres (1,930 feet) to 408 metres (1,340 feet), to permit the establishment of a livestock barn with a maximum of 2,400 swine.

TAKE NOTICE that an application under the above file number will be heard by the Committee on the date, and at the time and place shown below. DATE AND TIME: May 22, 2018 at 7:00 p.m. PLACE: North Perth Municipal Building, Committee Room


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FILE NUMBER: A08/2018 RE: AN APPLICATION BY: Matthew Albrecht LOCATION OF PROPERTY: Lot 3 Concession 1 Wallace

5098 Line 86 PURPOSE OF APPLICATION: To reduce the minimum interior side yard requirement from 4.5

metres (15 feet) to 1 metre (3 feet), to permit the establishment of two (2) grain storage bins (less than 12 metres in height) on the subject property.

TAKE NOTICE that an application under the above file number will be heard by the Committee on the date, and at the time and place shown below. DATE AND TIME: May 22, 2018 at 7:00 p.m. PLACE: North Perth Municipal Building, Committee Room


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FILE NUMBER: A09/2018 RE: AN APPLICATION BY: Doug Kellem LOCATION OF PROPERTY: Pt Block A Plan 440 being Parts 1 & 4 on 44R4193

384 Victoria Ave S PURPOSE OF APPLICATION: To reduce the municipal drains setback from 15 metres to 6 metres

(from top of bank) TAKE NOTICE that an application under the above file number will be heard by the Committee on the date, and at the time and place shown below. DATE AND TIME: May 22, 2018 at 7:00 p.m. PLACE: North Perth Municipal Building, Committee Room

330 Wallace Avenue North, Listowel PUBLIC HEARING: You are entitled to attend this public hearing in person to express your views about this application or you may be represented by counsel for that purpose. If you are aware of any person interested in or affected by this application who has not received a copy of this notice you are requested to inform that person of this hearing. If you wish to make written comments on this application they may be forwarded to the Secretary of the Committee at the address show below. If a person or public body does not make oral submissions at the public hearing or make written submissions to the North Perth Committee of Adjustment before the Decision is made, the person or public body is not entitled to appeal the decision of the North Perth Committee of Adjustment to the Local Planning Appeal Tribunal. FAILURE TO ATTEND HEARING If you do not attend at the hearing it may proceed in your absence and, except as otherwise provided in The Planning Act, you will not be entitled to any further notice in the proceedings. NOTICE OF DECISION A copy of the decision of the Committee will be sent to the applicant and to each person who appeared in person or by counsel at the hearing and who has filed with the Secretary a written request for notice of the decision. ADDITIONAL INFORMATION relating to the proposed amendment is available for inspection during office hours at the Municipal Office DATED May 11th2018 Mrs. Danette Beare, CMO Secretary-Treasurer, Municipality of North Perth Committee of Adjustment 330 Wallace Avenue North, Listowel, ON N4W 1L3 Telephone: 519-292-2063; Email [email protected]

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FOR IMMEDIATE RELEASE May 8, 2018

Pettapiece congratulates municipalities on receiving transportation grant (Perth-Wellington) – The City of Stratford announced receipt of a five-year, $1.45-million grant through the Province of Ontario's Community Transportation Grant Program. Perth-Wellington MPP Randy Pettapiece today issued the following statement: "Improved transportation between communities in our area is absolutely essential. It's important for students and employees who commute every day. It's important for people who don't drive to visit family or go to medical appointments. "I congratulate the City of Stratford, the Town of St. Marys, the County of Perth and all municipalities in the County. They are all committed to help people get where they need to go. "I'm very pleased the Province of Ontario is making this investment. It may have taken them until the day before the election begins, but it still comes as very welcome news."

- 30 - Randy Pettapiece, MPP | 519-272-0660 | www.pettapiece.ca

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Ministry of Community Safety and Correctional Services Office of the Minister 25 Grosvenor Street 18 th Floor Toronto ON M7A 1Y6 Tel: 416 - 325 - 0408

[email protected]

[email protected]

Ministère de la Sécurité communautaire et des Services correctionnels Bureau de la ministre 25, rue Grosvenor 18 e étage Toronto ON M7A 1Y6 Tél. : 416- 325 - 0408

May 8, 2018 As Minister of Community Safety and Correctional Services, it is my responsibility to ensure that the framework for the delivery of municipal fire services meets the needs and circumstances of the communities they serve across the province. Ontario’s firefighters – both career and volunteer – are among the best in the world. Our government is committed to the safety of our firefighters and of the communities they serve. An important part of my responsibilities is to work with municipalities to identify and address emerging gaps and challenges related to the delivery of fire protection services. The ministry established the Fire Safety Technical Table (the Table) in January 2017 to provide recommendations on the enhancement of fire safety in Ontario. The Table meets on a monthly basis and includes municipal representation (the Association of Municipalities of Ontario and the Town of Aurora), representatives from firefighter associations and representatives from career, composite, and volunteer fire departments. I want to thank the members of the Table for their dedication and for their work with my ministry on the development of three new fire safety regulations under the Fire Protection and Prevention Act (FPPA). The regulations relate to:

Certification of firefighters

Risk assessments to inform the delivery of fire protection services

Public reporting on fire department response times

These regulations respond to a number of coroner’s inquest recommendations, enhance the consistency of fire safety across the province, increase transparency and accountability, and ensure that fire protection services meet the unique needs of communities. The regulations were posted for comment on the regulatory registry in early 2018, and a great deal of valuable commentary was received. A number of changes have been made to reflect the thoughtful feedback. I want to thank municipalities for their participation in this process and I am pleased to provide an update on the outcome of the regulatory consultation.

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Mandatory Certification The mandatory certification of firefighters, based on internationally recognized National Fire Protection Association (NFPA) standards, is a key step forward in building safer communities. I want to emphasize that mandatory certification for four firefighter roles – including basic fire suppression – would only apply to new hires. As such, the majority of existing suppression firefighters in Ontario – including those that work in volunteer departments – will not need to certify to maintain their jobs in their current positions. To progress to more senior positions in the fire service, certification would be required. Some fire services in Ontario already train to NFPA standards – and over 80 have already begun certifying their firefighters. Province-wide certification would help ensure firefighters have a consistent level of knowledge and skill to safely provide fire protection services. We recognize that some municipalities may require more time to comply with the mandatory certification of their firefighters. In response to feedback from the public posting of this regulation, we are delaying the in-force date for several roles to July 1st, 2019 and for others to January 1, 2020 and January 1, 2021. For firefighters who have made best efforts to complete the certification in 24 months but were not able to do so, we are allowing an additional 12 months for completion, if the extension is approved by the Fire Marshal. This program would allow firefighters to work while completing their training and certification. The internship program will also be expanded to include in-service fire instructors and fire inspectors for an initial 6-month internship. These participants will also benefit from a potential 6-month extension, if the extension is approved by the Fire Marshal. Firefighters who are certified and deemed-to-be certified (i.e., grandfathered) will have the ability to supervise firefighters in the internship program. We believe the training and certification process for fire services across the province should be convenient and straightforward – particularly for small and rural municipalities who may face challenges in recruiting new volunteer firefighters. We also recognize that firefighters will need a straightforward way to access testing services – and we will provide an online testing system that will be available free of charge. Where high-speed internet is not available, paper testing will continue to be available to fire services, also free of charge. To ensure any challenges small or rural fire services may have adapting to the new requirements are mitigated, we will work with these municipalities to assess their current state of readiness and we will provide funding to cover all additional costs associated with this initiative. In collaboration with our partners, MCSCS will be setting up an implementation table with a specific focus on small and rural communities to address their unique challenges throughout the implementation process.

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Community Risk Assessments Most communities undertake a risk assessment of some sort to help inform local decisions on the provision of fire protection services. This regulation requires that all municipalities undertake a standardized risk assessment that will be used to inform the development of municipal fire protection services. A full risk assessment must be conducted every five years, with monitoring and reviewing conducted annually. Undertaking a risk assessment will ensure that the delivery of fire protection services, including the development of public education and fire prevention programs, are based on consideration of key profiles of the community. Public Reporting Fire services across Ontario report their response times to the Office of the Fire Marshal and Emergency Management (OFMEM) using varying definitions. The result is inconsistent data that may be misinterpreted. There is no requirement to share this data with municipal governments or to make the information public. The public reporting regulation will create consistent reporting, and will increase transparency and accountability by providing the public with a clear understanding of what they can expect from the fire department in terms of response times. This regulation is consistent with the Ontario Government’s “open-by-default” approach to data sharing, and it is in line with the public’s expectation that key information be available about their fire services. Conclusion My most important priority as Minister is the safety and security of every Ontarian. That is why we are requiring firefighters to certify, fire departments to develop risk assessments, and fire department response time data to be publicly reported – it will help to improve community safety across our province. We will work closely with communities to ensure a smooth transition to the new regulations that will begin to come into force on July 1, 2019. I want to thank all of our partners who worked with us on these regulations, and the municipal governments who submitted comments to the public registry. If you have further questions about next steps, please contact [email protected]. Warm regards, Marie-France Lalonde Minister

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mailto:[email protected]

Fire Protection and Prevention Act Regulations

Narrative Ontario is committed to the safety of both firefighters, and the public. That is why it’s critical that the framework for the delivery of fire services across the province meets the needs and circumstances of communities they serve.

Following recommendations from multiple coroner’s inquests, the Ministry of Community Safety and Correctional Services (MCSCS) formed a Fire Safety Technical Table (the Table) to provide recommendations on enhancing fire service delivery in Ontario. The Table includes municipal representation from the Association of Municipalities of Ontario (AMO), the Town of Aurora, fire associations and representatives from career, composite and volunteer fire departments from both urban and rural communities.

To date, the work of the Table has been informing the development of regulations related to mandatory certification of firefighters, community risk assessments to inform the delivery of fire protection services, and public reporting of fire department response times.

In regards to mandatory certification, currently, under the Occupational Health and Safety Act, employers must provide information, instruction and supervision to a worker to protect their health or safety. Ontario voluntarily adopted National Fire Protection Association (NFPA) standards in 2013/14, although certification is not yet mandatory. NFPA uses codes and standards that are considered best practice, evidence based and are used throughout North America.

More than 80 fire departments (a mix of urban/rural, large/small, professional/composite and volunteer) are already voluntarily certifying to the NFPA standards and many are training to the NFPA standards, but not yet certifying.

Under the new regulation, certification for four firefighter roles – including basic fire suppression – would only apply to new hires. As such, the majority of existing suppression firefighters in Ontario will not need to certify to maintain their jobs in their current positions. Those seeking to advance to a higher rank (e.g., Fire Officer) would be required to certify.

Firefighters who need to be certified will be able to work under the supervision of another certified firefighter, via an internship program, while they complete their training. They will have up to two years (with the potential of a one-year extension, with the approval of the Fire Marshal) to complete their certification.

Firefighters not certified before being hired by a fire department would need to be enrolled in the two year internship program. Firefighters seeking to certify to NFPA 1001 Levels 1 and 2 (exterior and interior attack), would be required to train approximately 3 hours a week to achieve certification if the firefighter is enrolled in the two year internship program.

Those who have previously trained to the former Ontario standards may be eligible to have their previous knowledge or experience qualify them for alternative compliance to certification

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(i.e., grandfathering). In these instances, fire chiefs would need to attest that training has been received by the firefighter and provide documentation, upon request.

The earliest that any part of the regulation comes into force is July 2019, with other parts coming in force in 2020 and 2021.

The government of Ontario will work closely with the Table and municipalities, especially those who represent small, northern and rural areas, to identify specific challenges and seek their input in developing an implementation model that would best address their needs in order to ensure successful implementation.

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1

Clause-by-Clause Explanation

Mandatory Certification Regulation under the

Fire Protection and Prevention Act, 1997

Regulation Section Affected

Provision Description

Definitions

1.

Definition 1. In this Regulation, “NFPA” means the National Fire Protection Association.

In the regulation, “NFPA” means the National Fire Protection Association.

Mandatory Certification

2.(1)

Mandatory certification 2. (1) Every municipality, and every fire department in a territory without municipal organization, must ensure that its firefighters perform a fire protection service set out in Table 1 only if,

(a) the firefighter performing the fire protection service is certified to the corresponding certification standard set out in that Table; or

(b) this Regulation provides that the certification standard referred to in clause (a) does not apply with respect to the firefighter.

A municipality is responsible for ensuring its firefighters that perform fire protection services are certified except where a firefighter is grandfathered or is enrolled in an internship program. In an area where there is no local government, the fire department is responsible for

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ensuring its firefighters that perform fire protection services are certified except where a firefighter is grandfathered or is enrolled in an internship program.

2.(2) Who provides certifications (2) The certification must be provided by the Fire Marshal.

The Office of the Fire Marshal and Emergency Management (OFMEM) is responsible for knowledge and skills testing and issuing certificates to firefighters.

Intern firefighters

3.(1)

Intern firefighters 3. (1) A certification standard does not apply with respect to a firefighter who, (a) is enrolled in an internship program approved by the Fire

Marshal; and (b) is operating under the supervision of a firefighter certified to

that standard; and (c) has,

(i) been a firefighter for no more than 24 months, or

If a firefighter is performing a role in the internship program under the supervision of a certified firefighter and has not been a firefighter for more than two years, the intern firefighter does not have to be certified. The intern firefighter must be supervised by another firefighter who is certified to the appropriate NFPA standard. (e.g., if an intern is training to become a Public Educator, their supervisor must be

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(ii) been in the internship program for no more than six months, if the internship program is to train to be a fire instructor or to train to be a fire inspector.

certified as a Public Educator [NFPA 1035]). An intern firefighter can also be an existing firefighter who is training to become a Fire Instructor or Fire Inspector. These individuals have six months to become certified.

3.(2)

Extension of time (2) If a firefighter did their best to fulfil the requirements of the internship program but did not fulfil the requirements, the Fire Marshal must grant them an extension of a further,

(a) 12 months; or

(b) 6 months, if the internship program is to train to be a fire instructor or to train to be a fire inspector.

OFMEM will grant an extension of 12 months to an intern firefighter if they have made their best efforts to achieve certification within the two year internship period but were unable to do so. OFMEM will grant an extension of six months to an intern firefighter who has made their best efforts to achieve certification to become a Fire Instructor or Fire Inspector within the six month internship period but were unable to do so.

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Transition

4.(1)

Transition 4. (1) A certification standard set out in item 1, 2, 3, or 4 of Table 1 does not apply with respect to a firefighter who, (a) became a firefighter before July 1, 2019; and (b) performed the fire protection service that the standard

corresponds to before July 1, 2019

This section states that mandatory certification for Public Educators, Suppression Firefighters (interior and exterior) and Pump Operators will be implemented on a go-forward basis for newly hired firefighters. Firefighters in the roles of Public Educator, Suppression Firefighter (both interior and exterior attack) and Pump Operators hired after July 1, 2019 will have to be certified. Existing firefighters hired before July 1, 2019 in these roles do not have to be certified.

4.(2) Same, technical rescue (2) The certification standard set out in item 5.1 of Table 1 does not apply with respect to a firefighter who,

(a) became a firefighter before January 1, 2021; and

Firefighters in the role of a Technical Rescuer hired after January 1, 2021 will have to be certified. Existing firefighters hired before January 1, 2021 in the

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(b) performed the fire protection service that the standard corresponds to before January 1, 2021.

role of Technical Rescuer do not have to be certified.

4.(3) Letter of compliance (3) A certification standard set out in item 1, 2 or 3 of Table 1 does not apply with respect to a firefighter that both of the following criteria apply to:

1. The firefighter became a firefighter before July 1, 2019.

2. The firefighter’s fire chief was given permission by the Fire Marshal to issue the firefighter a Letter of Compliance with NFPA Standards respecting the relevant standard under Fire Marshal’s Communiqué 2014-04, “Transition to NFPA Professional Qualifications Standards: Grandfathering Policy”, which is dated January 2014 and available on a website of the Government of Ontario.

This section speaks to firefighters that have been grandfathered. Firefighters in the roles of Public Educator and Suppression Firefighter (both interior and exterior attack) do not have to be certified if they were hired before July 1, 2019 and have been grandfathered to the appropriate NFPA standard.

4.(4) Earlier version of standard (4) A certification standard does not apply with respect to a firefighter who, prior to July 1, 2019, was certified to an earlier version of that standard.

Firefighters who, before July 1, 2019 are certified to an earlier version of an NFPA standard do not need to re-certify to the newer editions of the standard.

4.(5) Deemed certification for the purpose of supervising interns (5) If subsection (3) or (4) provides that a certification standard does not apply with respect to a firefighter, that firefighter is deemed to be certified to that standard for the purpose of clause 3 (1) (b).

A firefighter who has been grandfathered or holds certification to an earlier version of the appropriate NFPA standard may supervise intern firefighters.

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Amendments

5.(1)

Amendments (1) Subsection 4 (3) of this Regulation is amended by striking out “item 1, 2 or 3” in the portion before paragraph 1 and substituting “item 1, 1.3, 2, 3, 5 or 6”.

As of January 1, 2020, Fire Inspectors, Fire Officers and Fire Instructors will need to be certified unlessthey were hired before July 1, 2019 and received grandfathering to appropriate NFPA standard.

5.(2)

(2) Table 1 to this Regulation is amended by adding the following items: 1.1 Dispatch fire department

resources (personnel and equipment)

NFPA 1061, “Professional Qualifications for Public Safety Telecommunications Personnel”, 2014 Edition, Level I

1.2 Fire investigation activities NFPA 1033, “Standard for Professional Qualifications for Fire Investigator”, 2014 Edition

1.3 Fire prevention inspections or plans examination activities

NFPA 1031, “Standard for Professional Qualifications for Fire Inspector and Plan Examiner”, 2014 Edition, Level I

3.1 Hazardous materials response at the Technician Level

NFPA 1072, “Standard for Hazardous Materials/Weapons of Mass Destruction Emergency Response Personnel Professional Qualifications”, 2017 Edition

5. Supervise other firefighters NFPA 1021, “Standard for Fire Officer Professional Qualifications”, 2014 Edition, Level I

6. Training courses for fire protection services

NFPA 1041, “Standard for Fire Service Instructor Professional Qualifications”, 2012 Edition, Level I

As of January 1, 2020, Table 1, which outlines the roles that require certification, will be amended to include Fire Dispatchers, Fire Investigators, Fire Inspectors, Hazardous Materials Personnel (Technician), Fire Officers, and Fire Instructors.

5.(3)

(3) Table 1 to this Regulation is amended by adding the following item: 5.1 Technical rescue activities,

but only the following technical rescue activities: 1. Confined space rescue 2. Ice rescue 3. Rope rescue 4. Surface water rescue 5. Swift water rescue

NFPA 1006, “Standard for Technical Rescue Personnel Professional Qualifications”, 2017 Edition

On January 1, 2021, Table 1, which outlines the roles that require certification, will be amended to include Technical Rescuers who perform these seven specific rescue activities need to be certified.

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6. Trench rescue 7. Vehicle rescue

Commencement

6. (1)

Commencement 6. (1) Subject to subsections (2) and (3), this Regulation comes into force on July 1, 2019.

On July 1, 2019, Sections 1 to 4 and Table 1 of the regulation come into force. On July 1, 2019, newly hired firefighters in the roles of Public Educator, Suppression Firefighter (interior and exterior attack) and Pump Operator will need to be certified.

6. (2)

(2) Subsections 5 (1) and (2) come into force on January 1, 2020.

On January 1, 2020 subsection 5(1) and Table 1 are amended with respect to adding the firefighter roles that are eligible for grandfathering and require certification: Fire Inspector, Fire Officer and Fire Instructor. On January 1, 2020 existing firefighters in the roles of Fire Dispatchers, Fire Investigators and Hazardous Materials Personnel (Technician) will need to be certified.

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Grandfathered Fire Inspectors, Fire Officers and Fire Instructors will not need to be certified.

6. (3)

(3) Subsections 4 (2) and 5 (3) come into force on January 1, 2021.

On January 1, 2021,subsection 4 (2) and Table 1 are amended so that Technical Rescuers performing seven specific rescue activities will need to be certified, unless they performed these specific rescue activities before January 1, 2021.

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Public Reports Regulation under the




Definitions

1.

Definition 1. In this Regulation, “PSAP” is short for public safety answering point, which

means a call centre responsible for answering calls to 9-1-1 for police, firefighting and ambulance services.

In the regulation, “PSAP” is short for public safety answering point, which means a call centre responsible for answering calls to 9-1-1 for police, firefighting and ambulance services.

Preparation of public reports

2.(1)

Preparation of public reports Fire Marshal sends fire department the information 2. (1) The Fire Marshal must give every fire department the information required by Schedule 1, based on the information the Fire Marshal has received through reports under subsection 11 (2) of the Act.

Fire departments must time stamp information through the Standard Incident Reporting system to the Office of the Fire Marshal and Emergency Management (OFMEM). OFMEM will then provide calculated response times to fire departments.

2.(2) Fire department prepares the public report (2) Every fire department must prepare a public report setting out,

Using the calculated response time data from OFMEM, fire departments will prepare a public report.

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(a) the information required by Schedule 1; and (b) any other information the fire department chooses

to include.

This report will include all response times set out in Schedule 1. Fire departments may include any other information, including explanatory language that will help the public understand the factors that may have impacted the department’s response times.

2.(3) Fire department may use Fire Marshal’s data (3) The fire department may use the information required by Schedule 1 that the Fire Marshal provided to prepare their public report, or may carry out their own calculations respecting the same time period.

A fire department may choose to calculate their own response time data in their public report instead of relying on OFMEM to conduct and provide calculations.

Dissemination of public reports

3.(1)

Dissemination of public reports From fire department to Fire Marshal 3. (1) Every fire department must give their public report to the Fire Marshal no later than 180 days after the Fire Marshal gives the fire department the information.

After the fire department receives their calculated response time data from OFMEM or does their own calculations, the fire department will have six months to provide their public report to the OFMEM.

3.(2)

From fire department to municipality (2) Every fire department that is authorized to provide fire protection services by a municipality must give their public report to the municipal council before giving its public report to the Fire Marshal.

Before a fire department submits their public report to OFMEM, they must submit the report to their municipal council.

3.(3)

From fire department to group of municipalities (3) Every fire department that is authorized to provide fire protection services by a group of municipalities must

If a fire department provides services to more than one municipality (e.g., through an automatic or mutual aid agreement),

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give their public report to the municipal council of each municipality in the group of municipalities before giving their public report to the Fire Marshal.

the fire department must submit the public report to each municipal council for which they provide services.

3.(4)

Fire Marshal makes public (4) The Fire Marshal may make the public report available to the public.

OFMEM may make the public report available to the public (e.g., on its website)

Clarification

4.

Clarification 4. For greater certainty, this Regulation does not imply that firefighters have authority to perform acts that the Regulated Health Professions Act, 1991 does not permit them to perform.

The Regulated Health Professions Act (RHPA) provides authority for firefighters to perform “controlled acts” in response to medical emergencies in specific instances. The purpose of this provision is to clarify that the regulation does not authorize firefighters to provide any medical services that would not be permitted under the RHPA.

Commencement

5.

Commencement 5. This Regulation comes into force on the later of January 1, 2020 and the day it is filed.

The regulation comes into force on January 1, 2020.

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SCHEDULE 1 REQUIRED INFORMATION

CAREER FIREFIGHTERS

1. (1)

1. (1) The public report must set out the following information respecting incidents in which the first fire department unit that arrives on the scene does not include a volunteer firefighter: 1. For each standard set out in the following Table, i. the percentage value of how often the fire

department achieves that standard for the corresponding time interval, and

ii. the corresponding benchmark percentage

value for how often the fire department should achieve or exceed that standard.

2. For each time interval set out in the following Table that does not have a corresponding standard, the time interval value that the fire department achieves or exceeds 90% of the time.

In instances, where the first fire truck on scene only includes career firefighters, the fire department must include response time benchmark data as outlined in Schedule 1 (e.g., turnout time of 80 seconds for fire and special operations) and the percentage of time the fire department achieved the benchmark (e.g., turnout time benchmark of 90%). Where a response time does not have a benchmark, the first fire truck that only includes career firefighters will report the response time that they met or exceeded 90% of the time.

Table Item Column 1 Time interval

Column 2 Standard

Column 3 Benchmark

1. Alarm transfer time: The time interval from the receipt of the emergency alarm at the PSAP until the alarm is first received at the fire department communication centre

30 seconds 95%

Definitions of each item are as follows: 1. Alarm transfer time: The time the call

the PSAP is in receipt of the alarm from the time that the alarm is first

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2. Alarm answering time: The time interval that begins when the alarm is received at the fire department communication centre and ends when the alarm is acknowledged at the communication centre

15 seconds 95%

3. Alarm processing time: The time interval from when the alarm is acknowledged at the fire department communication centre until response information begins to be transmitted via voice or electronic means to fire department facilities and fire department units

64 seconds for calls other than the following calls; and 90 seconds for the following calls: 1. Calls requiring emergency medical dispatch questioning and pre-arrival medical instructions 2. Calls requiring language translation 3. Calls requiring the use of a TTY/TDD device or audio/video relay services 4. Calls of criminal activity that require information vital to emergency responder safety prior to dispatching units 5. Hazardous material incidents 6. Technical rescue 7. Calls that require determining the

90%

received at the communication or dispatch centre

2. Alarm answering time: The time the call is received at the communication or dispatch centre from the time the alarm is acknowledged by the communication or dispatch centre

3. Alarm processing time: The time the call is initially received by the communication or dispatch centre from the first time facilities/units are notified of the emergency by the communication or dispatch centre

4. Alarm handling time: The time the alarm is received at the PSAP from the beginning time that emergency facilities/unit(s) have information transmitted to them

5. Turnout time: The time the call is received by the facilities/unit from the time that the unit leaves the station

6. Travel time: The time the unit(s) leaves the station from the time that the first unit arrives on scene

7. Initiating action/intervention time: The time between when the fire department first arrives on the scene and when they begin to respond to the emergency

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location of the alarm due to insufficient information 8. Calls received by text message

4. Alarm handling time: The time interval from the receipt of the alarm at the PSAP until the beginning of the transmittal of the response information via voice or electronic means to fire department facilities or the fire department units in the field

No standard; set out the time interval value that the fire department achieves or exceeds 90% of the time

No benchmark

5. Turnout time: The time interval that begins when the fire department facilities and fire department units notification process begins by either an audible alarm or visual annunciation or both and ends at the beginning point of travel time

80 seconds for fire and special operations; 60 seconds for emergency medical services

90%

6. Travel time: The time interval that begins when a fire department unit is en route to the incident and ends when the fire department unit arrives at the scene

240 seconds for fire suppression; 240 seconds for the arrival of a unit with a first responder with an automatic external defibrillator or higher level capability no standard for other services

90%

7. Initiating action/intervention time: The time interval from when a fire department unit arrives on the scene to the initiation of emergency mitigation

No standard; set out the time interval value that the fire department achieves or exceeds 90% of the time

No benchmark

8. Total response time: The time interval from the receipt of the alarm at the PSAP to when the first

No standard; set out the time interval value that the fire

No benchmark

8. Total response time: The time the call is initially received by the PSAP from the time the first unit arrives on scene

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fire department unit is initiating action or intervening to control the incident

department achieves or exceeds 90% of the time

1. (2)

(2) The public report does not have to set out information for items 1, 2, 3, 4 and 8 if the information is not available from the fire department’s records.

If a fire department does not have information for alarm transfer time, alarm answering time, alarm processing time, alarm handling time, or total response time, then this information does not need to be included in the public report.

SCHEDULE 1 REQUIRED INFORMATION

VOLUNTEER FIREFIGHTERS

2. (1)

2. (1) The public report must set out the following information respecting incidents in which the first fire department unit that arrives on the scene includes at least one volunteer firefighter: 1. For each time interval set out in the following

Table, the time interval value that the fire department achieves or exceeds 90% of the time.

In instances, where the first fire truck on scene has at least one volunteer firefighter, the fire department will include the response time that they met or exceeded 90% of the time in their public report.

Table Item Column 1 Time interval

1. Alarm transfer time: The time interval from the receipt of the emergency alarm at the PSAP until the alarm is first received at the fire department communication centre

2. Alarm answering time: The time interval that begins when the alarm is received at the fire department communication centre and ends when the alarm is acknowledged at the communication centre

3. Alarm processing time: The time interval from when the alarm is acknowledged at the fire department communication centre until response information begins to be transmitted via voice or electronic

Definitions of each item are as follows: 1. Alarm transfer time: The time the call

the PSAP is in receipt of the alarm from the time that the alarm is first received at the communication or dispatch centre

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means to fire department facilities and fire department units

4. Alarm handling time: The time interval from the receipt of the alarm at the PSAP until the beginning of the transmittal of the response information via voice or electronic means to fire department facilities or the fire department units in the field

5. Turnout time: The time interval that begins when the fire department facilities and fire department units notification process begins by either an audible alarm or visual annunciation or both and ends at the beginning point of travel time

6. Travel time: The time interval that begins when a fire department unit is en route to the incident and ends when the fire department unit arrives at the scene

7. Initiating action/intervention time: The time interval from when a fire department unit arrives on the scene to the initiation of emergency mitigation

8. Total response time: The time interval from the receipt of the alarm at the PSAP to when the first fire department unit is initiating action or intervening to control the incident

2. Alarm answering time: The time the call is received at the communication or dispatch centre from the time the alarm is acknowledged by the communication or dispatch centre

3. Alarm processing time: The time the call is initially received by the communication or dispatch centre from the first time facilities/units are notified of the emergency by the communication or dispatch centre

4. Alarm handling time: The time the alarm is received at the PSAP from the beginning time that emergency facilities/unit(s) have information transmitted to them

5. Turnout time: The time the call is received by the facilities/unit from the time that the unit leaves the station

6. Travel time: The time the unit(s) leaves the station from the time that the first unit arrives on scene

7. Initiating action/intervention time: The time between when the fire department first arrives on the scene and when they begin to respond to the emergency

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8. Total response time: The time the call is initially received by the PSAP from the time the first unit arrives on scene

2. (2)

(2) The public report does not have to set out information for items 1, 2, 3, 4 and 8 if the information is not available from the fire department’s records.

If a fire department does not have information for alarm transfer time, alarm answering time, alarm processing time, alarm handling time, or total response time then this information does not need to be included in the public report.

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Community Risk Assessments Regulation under the




Mandatory Use

1.

Mandatory use 1. Every municipality, and every fire department in a territory without municipal organization, must, (a) complete and review a community risk assessment as provided by this Regulation; and (b) use its community risk assessment to inform decisions about the provision of fire protection services.

A municipality is responsible for completing a community risk assessment and using the completed assessment to make evidence-based decisions on the provision of fire protection services in their community. In an area where there is no local government, the fire department is responsible for completing a community risk assessment and using the completed assessment to make evidence-based decisions on the provision of fire protection services in their community.

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What it is

2. (1)

What it is 2. (1) A community risk assessment is a process of identifying, analyzing, evaluating and prioritizing risks to public safety to inform decisions about the provision of fire protection services.

An explanation of what is a community risk assessment in the regulation.

Mandatory profiles

2. (2)

Mandatory profiles (2) A community risk assessment must include consideration of the mandatory profiles listed in Schedule 1.

Schedule 1 lists all of the factors within a community that a municipality must consider when identifying and categorizing risks.

Form

2. (3)

Form (3) A community risk assessment must be in the form, if any, that the Fire Marshal provides or approves.

If OFMEM provides a community risk assessment template a municipality or fire department in an area where there is no local government must use the template provided. A municipality or fire department in an area where there is no local government that uses another risk assessment process can be approved by OFMEM provided the mandatory profiles outlined in Schedule 1 are included.

When to complete (at least every five years

3. (1)

When to complete (at least every five years) 3. (1) The municipality or fire department must complete a community risk assessment no later than five years after the day its previous community risk assessment was completed.

Municipalities or fire departments in areas with where there is no local government must complete a risk assessment every five years.

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New municipality or fire department

3. (2)

New municipality or fire department (2) If a municipality, or a fire department in a territory without municipal organization, comes into existence, the municipality or fire department must complete a community risk assessment no later than two years after the day it comes into existence

If a new municipality or fire department in an area where there is no local government is created after the regulation comes into force, they must complete their first community risk assessment within two years.

Transition

3. (3) Transition (3) A municipality that exists on July 1, 2019, or a fire department in a territory without municipal organization that exists on July 1, 2019, must complete a community risk assessment no later than July 1, 2024.

A municipality or fire department in an area where there is no local government has five years to complete its community risk assessment when the regulation comes into force on July 1, 2019. As a result, the first community risk assessment will not need to be in place until July 1, 2024.

Revocation

3. (4)

Revocation (4) Subsection (3) and this subsection are revoked on July 1, 2025

The ‘transition’ item in the regulation will be removed on July 1, 2025, as municipalities or fire departments in areas where there is no local government will have completed a risk assessment.

When to review (at least every year)

4. (1)

When to review (at least every year) Risk assessments must be reviewed annually within the five year period.

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4. (1) The municipality or fire department must complete a review of its community risk assessment no later than 12 months after, (a) the day its community risk assessment was completed; and (b) the day its previous review was completed.

Other reviews

4. (2)

Other reviews (2) The municipality or fire department must also review its community risk assessment whenever necessary.

Risk assessments must be reviewed whenever necessary.

Revisions

4. (3)

Revisions (3) The municipality or fire department must revise its community risk assessment if it is necessary to reflect, (a) any significant changes in the mandatory profiles; (b) any other significant matters arising from the review.

Municipalities and or fire departments in an area where there is no local government must revise its risk assessment if there are any significant changes to the mandatory profiles or another significant change in the community

New assessment instead of review

4. (4)

New assessment instead of review (4) The municipality or fire department does not have to review its community risk assessment if it expects to complete a new community risk assessment on or before the day it would complete the review.

If a municipality or fire department plans to complete a new risk assessment before the five years is up, then an annual review is not required.

Commencement

5.

Commencement 5. This Regulation comes into force on the later of July 1, 2019 and the day it is filed.

The regulation comes into force July 1, 2019.

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SCHEDULE 1 MANDATORY PROFILES

Schedule 1

1. Geographic profile: The physical features of the community, including the nature and placement of features such as highways, waterways, railways, canyons, bridges, landforms and wildland-urban interfaces.

Physical features of the community may present inherent risks or potentially have an impact on fire department access or response time.

Schedule 1

2. Building stock profile: The types of buildings in the community, the uses of the buildings in the community, the number of buildings of each type, the number of buildings of each use and any building-related risks known to the fire department.

Potential fire risks associated with different types or uses of buildings given their prevalence in the community and the presence or absence of fire safety systems and equipment at time of construction.

Schedule 1

3. Critical infrastructure profile: The capabilities and limitations of critical infrastructure, including electricity distribution, water distribution, telecommunications, hospitals and airports.

Presence/availability and capacity of infrastructure elements that could have a significant impact on such things as dispatch, communications, suppression operations, overall health care or transportation for the community if compromised, or that may present unique fire risks by virtue of their size or design.

Schedule 1

4. Demographic profile: The composition of the community’s population, respecting matters relevant to the community, such as population size and dispersion, age, gender, cultural background, level of education, socioeconomic make-up, and transient population.

Characteristics of the population in the community in order to tailor delivery of fire protection services including public education and fire prevention programs.

Schedule 1

5. Hazard profile: The hazards in the community, including natural hazards, hazards caused by humans, and technological hazards.

Hazards, to which fire departments may be expected to respond, that may have a significant impact on the

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community. Examples of natural hazards would include floods, forest fires or earthquakes; human caused hazards would include such things as chemical or biological attacks, or other terrorist activity; and technological hazards would include such things as industrial pollution, nuclear or hazardous materials incidents.

Schedule 1

6. Public safety response profile: The types of incidents responded to by other entities in the community, and those entities’ response capabilities.

Other public safety response agencies (such as police/ambulance/rescue) that might be tasked to or able to assist in the some capacity to the response to emergencies or in mitigating the impact of emergencies to which the fire department responds.

Schedule 1

7. Community services profile: The types of services provided by other entities in the community, and those entities’ service capabilities.

Presence or absence and potential abilities of other agencies, organizations, or associations to provide services that may assist in mitigating the impact of emergencies to which the fire department responds.

Schedule 1

8. Economic profile: The economic sectors affecting the community that are critical to its financial sustainability.

Economic drivers in the community that have significant influence on the ability of the community to provide or maintain service levels.

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24



Schedule 1

9. Past loss and event history profile: The community’s past emergency response experience, including the following analysis: 1. The number and types of emergency responses, injuries, deaths and dollar losses. 2. Comparison of the community’s fire loss statistics with provincial fire loss statistics. Note: Each profile is to be interpreted as extending only to matters relevant to fire protection services.

Evaluation of previous response data to identify circumstances and behaviours that will inform decisions on fire protection services delivery including public fire safety education and inspection programs.

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Questions & Answers Fire Safety Regulations

Page 1 of 10

General

1. What are the new regulations that the ministry developed under the Fire Protection

and Prevention Act (FPPA)?

The ministry has developed three new regulations under the FPPA that relate to:

o Certification of firefighters;

o Community risk assessments to inform the delivery of fire protection services;

and,

o Pubic reporting on fire department response times.

2. What is the Fire Safety Technical Table (the Table)?

The Table was established in January 2017 to identify policy gaps and challenges, and

to provide recommendations to the ministry to modernize fire service delivery in Ontario.

The Table includes municipal representation from the Association of Municipalities of

Ontario (AMO), the Town of Aurora, fire associations and representatives from career,

composite and volunteer fire departments from both urban and rural communities.

The initial focus of the Table has been to inform the development of recommendations

for the ministry on firefighter certification, conducting community risk assessments,

public reporting of fire-related data, and other matters of collective interest.

3. Why does the government need the advice of a technical table?

The FPPA is over 20 years old, which means there is a need to address emerging gaps

and challenges related to the delivery of fire safety in Ontario, including a lack of

mandatory standards related to firefighter training and certification.

The ministry established the Table to seek input from knowledgeable stakeholders,

including firefighter associations, fire departments and municipalities. The advice

received from stakeholders complements the existing technical expertise of the Office of

the Fire Marshal and Emergency Management (OFMEM), allowing the ministry to take

into account municipal and local concerns when addressing various challenges.

4. Who has been consulted on these regulations?

In addition to consultations with the Table and partner ministries, the proposals were

posted on the regulatory registry for public comment in early 2018 – approximately 400

comments were received.

5. When would the regulations come into force?

Mandatory certification: July 1, 2019, with some sections coming into force on January 1,

2020 and January 1, 2021.

Community risk assessment: July 1, 2019.

Public reporting: January 1, 2020.

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6. Do these regulations apply to fire services that operate in unincorporated territories

where the province has jurisdiction?

Yes, the regulatory requirements will apply to unincorporated territories as well as

municipalities.

Mandatory Certification

1. Why is the ministry mandating that firefighters be certified?

Numerous coroner’s inquests have identified and/or recommended the need to

implement mandatory certification of firefighters/fire services personnel.

The Occupational Health and Safety Act requires employers to provide information,

instruction and supervision to a worker to protect the health or safety of the worker;

however there is no mandatory requirement to train to a specific standard.

To increase public and firefighter safety by ensuring firefighters delivering fire protection

services are trained and certified to National Fire Protection Association (NFPA)

standards – which are best practice, internationally regarded and evidence based.

2. Why is the government using NFPA standards?

NFPA is a body that creates and maintains consensus-based standards and codes for

usage and adoption by local governments. These codes and standards are considered

best practice, evidence based and are used throughout North America.

NFPA standards are regularly reviewed and updated based on the latest information,

with input from multiple sectors, including fire services, health care facilities,

manufacturers, architects/engineers and others.

3. Which NFPA standards will firefighters have to certify to?

Mandatory certification requirements will be implemented for the following firefighter

roles:

Firefighter Roles and NFPA Standard Available for

Grandfathering In-Force Date

Newly Hired Firefighters

Suppression firefighters: NFPA 1001 Yes July 1, 2019

Pump Operators: NFPA 1002 No July 1, 2019

Technical Rescuers: NFPA 1006 (for 7 chapters)

No January 1, 2021

Fire Educators: NFPA 1035 Yes July 1, 2019

Newly Hired and Existing Firefighters

Fire Officers: NFPA 1021 Yes January 1, 2020

Fire Inspectors: NFPA 1031 Yes January 1, 2020

Fire Investigators: NFPA 1033 No January 1, 2020

Fire Instructors: NFPA 1041 Yes January 1, 2020

Fire Dispatchers: NFPA 1061 No January 1, 2020

Hazardous Materials Personnel: NFPA 1072 No January 1, 2020

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https://www.nfpa.org/Codes-and-Standards


Page 3 of 10

4. Why are some mandatory certification requirements only applicable to new hires

while others are applicable to existing firefighters?

Based on discussions with the Table, concern was raised that a number of fire service

roles are exposed to increased risk, both for the individuals performing these roles and

the municipalities themselves and therefore all firefighters in these roles should be

certified.

5. If a municipality has a mutual aid agreement with another jurisdiction or First Nation

department who will be responsible for ensuring the firefighters are certified?

Firefighters from other provinces, territories, countries outside Canada and First Nation

fire departments will not be required to certify to NFPA standards.

The certification regulation applies to municipalities and fire departments in unorganized

territories. As such, all firefighters employed by or appointed to a fire department within

these areas must be certified.

Grandfathering

6. What does grandfathering mean?

The grandfathering program allows existing firefighters to achieve alternative compliance

with specific NFPA standards based on knowledge or experience gained to December

31, 2015.

Grandfathering has been re-opened to all fire departments in Ontario using the same

requirements as the previous program in 2013/14.

7. What will be required for grandfathering?

The grandfathering program allows existing firefighters to achieve alternative compliance

with specific NFPA standards based on knowledge or experience gained to December

31, 2015.

Grandfathering has been re-opened to all fire departments in Ontario using the same

requirements as the previous program in 2013/14.

Firefighters who wish to take advantage of grandfathering must submit an application

through their fire department by September 30, 2018. Each firefighter’s application must

be signed by their Fire Chief, confirming the information provided is valid and that

supporting documentation is available for audit. Supporting documentation includes

proof of completion of Ontario Fire College courses or programs and training or in-

service records.

OFMEM maintains a repository of Northern Fire Protection Program (NFPP) firefighter

training records. OFMEM will support NFPP fire departments through the grandfathering

process by providing, upon request, individual firefighter training records to the

department.

Applications are reviewed and approved by the OFMEM. Fire departments will receive a

list of successful applicants. Successful applicants may request a Letter of Compliance

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Page 4 of 10

from their department. Fire Chiefs have the authority to sign the Letter of Compliance

with NFPA Standards for their firefighters.

Existing firefighters who do not submit an application prior to September 30, 2018 will be

required to complete the necessary training and testing to achieve certification where

required by the regulation (e.g., fire inspectors, fire instructors).

8. How many fire services personnel were grandfathered when the program was offered

in 2013/14?

When Ontario decided to voluntarily adopt NFPA standards in 2013/14, a voluntary

grandfathering program was offered that allowed fire service personnel to gain an entry

point into the certification system based on knowledge or experience for:

o Suppression Firefighters (NFPA 1001)

o Fire Officers (NFPA 1021)

o Fire Inspector (NFPA 1031)

o Fire Educators (NFPA 1035)

o Fire Instructors (NFPA 1041)

When the grandfathering program was first offered, the ministry received over 17,000

applications from over 350 fire services.

Approximately 66% (i.e., 11,500) of applicants applied for and were grandfathered for

two or more levels of NFPA standards based on knowledge or experience.

9. If a firefighter has been grandfathered prior to the regulation coming into force and

moves to another fire department, is their grandfathering still valid?

Yes. Grandfathering is assigned to the individual, so it would remain with them even if

they move to a new department.

10. Why are all NFPA standards outlined for mandatory certification not available for

grandfathering?

Grandfathering is not available for all positions as there were no Ontario based

programs in place for some positions before Ontario endorsed NFPA certification

standards in 2013/14.

11. If training records are not available, could Fire Chiefs swear an oath to say

somebody has completed the necessary skills and training?

No. Training information/records or calls for service records are needed to substantiate

eligibility for grandfathering. This information should already be in the firefighters’ training

and calls for service records that fire departments are required to maintain.

12. How much time will it take a Fire Chief to grandfather each firefighter in their

department?

Time for a Fire Chief or designate to complete the application to grandfather each

firefighter in his/her department would vary as the review of training or calls to service

records would be required in order to substantiate a firefighter’s eligibility.

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Page 5 of 10

The training and calls for service information needed to substantiate eligibility for

grandfathering should already be in the firefighters’ records maintained by the fire

department.

13. Who will be responsible for grandfathering firefighters in the fire departments that operate in unorganized territories?

Fire Chiefs appointed to NFPP departments would be responsible.

The ministry understands that some NFPP fire departments may face issues with

locating and compiling the necessary records for their firefighters.

For these cases, OFMEM would provide, upon request, individual firefighter training

records or calls for service records to the department.

Internship Program

14. What does “internship” mean, as outlined in the regulation?

The internship program would allow municipalities/fire departments to hire new

uncertified individuals who would have up to 24 months, with the potential of an

additional 12 months upon approval of the Fire Marshal, to become certified.

Firefighters seeking employment as either a Fire Instructor or Fire Inspector may enter

into the internship program for a period of six months (with an additional six months

upon approval of the Fire Marshal) to allow them to train and become certified.

The ministry will work with the sector and appropriate stakeholders to determine the

criteria for the internship program, including acceptable duties an intern may perform

under direct supervision by a qualified individual before the regulation comes into force.

Training and Testing

15. What is mandatory certification going to cost municipalities?

Since 2013/14, many fire services have been voluntarily training to NFPA standards.

There are also a number of fire departments that have voluntarily been certifying their

firefighters.

Additional costs to municipalities for mandatory certification primarily relate to training

materials (i.e., study manuals) and staff compensation. This would include the potential

need to pay a firefighter to take training offsite if it is not delivered in-house or for a

volunteer firefighter to take time off work and attend in-house or offsite training.

Fire departments that are training to NFPA standards would likely already have training

materials.

16. How much will it cost a new recruit to become a volunteer firefighter?

The cost for a new recruit to become certified is dependent on the level of service

provided by the municipality and the location of training. As such, costs will vary.

The cost for a new volunteer recruit to be certified to NFPA 1001, Levels I and II (exterior

and interior attack) at the Ontario Fire College, would be $130 if the recruit enrolls in the

2-Part “Recruit” (which is a blend of in-class and online learning) delivery model. It would

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Page 6 of 10

cost $325 if the recruit enrolls in the 5-Part (which is only in-class learning) delivery

model.

Costs for training at Regional Training Centres or at a College of Applied Arts and

Technology/Private Career College may vary and, in some circumstances, be more

costly than what is charged at the Ontario Fire College.

In addition, there may be costs for travel and staff compensation; however, these would

vary depending on the distance travelled and whether the municipality/fire department

provides staff compensation.

17. How will the ministry support fire departments with training and certification?

Ontario specific training course content produced by the Ontario Fire College will

continue to be made available online and free of charge, while other instructor material

through third party publishers is made available at a nominal cost ($75-125 for study

manuals that can be shared amongst students).

Online knowledge testing will be made available at no charge which would reduce

municipal travel expenses.

The ministry will work with the Table and municipalities, especially those who represent

small, northern and rural areas, to identify specific challenges and seek their input in

developing an implementation model that would best address their needs in order to

ensure successful implementation.

18. How will the fire departments that operate in unorganized territories be supported?

Fire departments that operate in the unorganized territories are part of the NFPP.

OFMEM, having oversight for the NFPP, would support the NFPP Fire Chiefs with the

implementation of the regulations, including covering related costs as appropriate.

19. When will training content be made available to fire services?

Content for fire services that choose to deliver in-house training to their firefighters is

currently available online through recognized third-party publishers and through OFMEM

for Ontario specific content.

20. When will online testing be made available?

The ministry is currently working to help ensure that online testing is made available

before requirements come into force July 1, 2019.

21. Will the requirement to certify to NFPA standards mean that firefighters train for

incidents that they may not be dealing with in their community?

No. Firefighters will not have to certify to NFPA standards for roles that they do not

perform in their community.

Municipalities set levels of service and provide fire protection services in accordance

with their needs and circumstances.

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22. Would firefighters be required to re-train and pass a certification test every time a

new edition of an NFPA standard is issued?

No. However, it would be recommended that fire departments and firefighters review and

train to any new edition of an NFPA standard to stay current in their field.

23. How many hours will it take a new recruit in a northern/rural area with no high-

rise/urban issues to become certified as a volunteer firefighter?

A new volunteer recruit would have an opportunity to spread these hours over a period

of two years, or three upon approval of the Fire Marshal, if they enrol in the internship

program (which will likely be the case if they are not certified before being hired).

A new recruit training to NFPA 1001 Level 1 (exterior attack) would have to complete

approximately 225 hours of training.

o If the new recruit is enrolled in the internship program which provides 24 months,

this would equate to approximately two hours of training per week with 52 weeks

per year (or approximately nine and a half hours a month) over the course of a

two year period.

o Should this new recruit obtain an extension by the Fire Marshal to be an intern

for an additional 12 months on top of the 24 months, this would equate to

approximately one and a half hours of training per week with 52 weeks per year

(or approximately six and a quarter hours a month) over the course of a three

year period.

An additional 90 hours of training is required should a recruit want to be certified to

NFPA 1001 Level 1 and Level 2 (interior attack).

o If the new recruit is enrolled in the internship program, this would equate to

approximately three hours of training per week with 52 weeks per year (or

approximately 13 hours a month) over the course of a two year period.

o Should this new recruit obtain an extension by the Fire Marshal to be an intern

for an additional 12 months on top of the 24 months, this would equate to

approximately two hours per week with 52 weeks per year (or approximately nine

hours a month) over the course of a three year period.

24. Would volunteer firefighters be expected to travel for training/testing? If so, who

would be expected to cover these costs for fire departments in unorganized

territories?

In some instances, volunteer firefighters may have to travel for training and testing.

The ministry will work with municipalities to minimize impacts such as reducing travel to

take training and certification so that fire services who wish to train their firefighters

locally will be able to do so.

We will work with the Table and municipalities, especially those who represent small,

northern and rural areas, to identify specific challenges and seek their input in

developing an implementation model that would best address their needs in order to

ensure successful implementation.

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Page 8 of 10

Community Risk Assessments

1. Why is the ministry requiring municipalities to conduct mandatory community risk

assessments?

Community risk assessments will better ensure fire departments understand the unique

needs and circumstances of their communities, including fire risks.

This will help municipalities make evidence based decisions on the provision of fire

protection services in their communities.

2. How is the new community risk assessment different from the risk assessment some

municipalities currently complete?

OFMEM has promoted the completion of a simplified risk assessment to inform

decisions relating to the provision of fire protection services.

OFMEM has found that a large portion of municipalities do complete risk assessments.

Although this is occurring, there is no mandatory requirement for them to do so.

The new requirements in the community risk assessment regulation build on the existing

simplified risk assessments that many municipalities already conduct. This would

standardize the process and help ensure a consistent and robust approach to assessing

community risk across the province.

If a municipality currently conducts an equivalent risk assessment process, the

municipality, upon approval from the Fire Marshal, would not be required to complete the

risk assessment as set out in the regulation.

3. How is the ministry planning to support small and rural municipalities that do not

have the resources to complete a more comprehensive assessment?

OFMEM will be providing municipalities with a risk assessment guideline that includes a

sample template to assist municipalities in completing the risk assessment.

OFMEM will also provide support to small/rural communities who may not be able to

complete the risk assessment without assistance.

4. When will the template be made available to municipalities and fire services?

The ministry will work with stakeholders on the development of the template which will

be available before the regulation comes into force on July 1, 2019.

All municipalities will have to complete the new community risk assessment by July 1,

2024.

Public Reporting

1. Why is the ministry requiring that municipalities publicly report on their response

times?

Under the FPPA, fire departments report information through the completion of a

Standard Incident Report (SIR) to the Fire Marshal.

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Fire departments report response times using varying definitions which results in

inconsistent data that may not be properly interpreted.

Not all fire departments report response times to their municipal councils and where they

do, only some departments, typically the larger ones, report this information publicly.

This regulation will create consistent reporting and increase transparency and

accountability by providing the public with a clear understanding of what they can expect

from their fire service in terms of their response times.

2. Why does the ministry have different requirements for fire trucks made up of career

firefighters and volunteer firefighters?

The public reporting regulation requirements differ for career and volunteer firefighters to

recognize there are differences in the make-up of fire service delivery across Ontario

and response times may vary depending on the department type.

Fire trucks made up of all career firefighters are required to report their response times

against benchmarks that have been set out in NFPA.

Fire trucks made up of at least one volunteer firefighter would only be required to report

what their response time is 90 percent of the time. They would not be required to

compare these to benchmarks that have been set out in NFPA.

3. What is the process for public reporting?

Beginning January 1, 2020:

o Fire departments provide time stamp data to OFMEM through the existing

Standard Incident Reporting system.

o OFMEM will use this information to calculate response times and will then

provide calculated response times back to fire departments.

o Upon receiving calculated response time data, fire departments must prepare a

public report. Fire departments must submit their public report to municipal

council. This provides fire departments and municipalities the opportunity to

explain their response times. Explanatory language will help the public

understand the factors that may impact a fire department’s response times.

o Once OFMEM receives public reports from all fire departments, OFMEM will

publicly post these reports on its website.

4. What evidence was used to support the response times in the regulation?

The definitions and benchmarks for response times come from NFPA – an association

that creates and maintains industry best practice, evidence based standards and codes

internationally.

NFPA standards are regularly reviewed and updated based on the latest information,

with input from multiple sectors, including fire services, health care facilities,

manufacturers, architects/engineers and others.

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5. Why has the ministry included medical response times as part of the public reporting

regulation?

Currently, fire departments respond to medical emergency calls. Information from these

calls are reported to OFMEM through the SIR system.

The public reporting regulation requires fire departments to report on their turnout times

related to emergency medical services and travel time for a fire department unit with a

first responder with an automatic external defibrillator or higher level capability.

The ministry will be conducting a comprehensive review of the SIR and through this

process, will ensure that the capability to report on the medical calls in the regulation are

reported and captured accurately by fire departments.

The public reporting regulation does not imply that firefighters have the authority to

perform acts that the Regulated Health Professions Act, 1991 does not permit them to

perform.

62

www.grandriver.ca Grand River Conservation Authority

The Grand River watershed newsletter

April 2018 • Volume 23, Number 2

What’s Inside:

FeaturesFebruary flood . . . . . . . . . . . .1

What’s Happening2018 GRCA budget . . . . . . . 4Fishing line recycling . . . . . 5Learn outdoor skills . . . . . . 5

Watershed AwardsApotex . . . . . . . . . . . . . . . . . . . 6Cambridge City Green . . . . 6Nominations open . . . . . . . 7

GRCFApply for scholarships . . . . 7

Calendar . . . . . . . . . . . . . . . 8

Cover photoUnusual weather conditionsled to the watershed-wideflooding in February. Giantconglomerated masses of ice,such as the one in thisphoto, were left south ofBrantford after the floodreceded.

The GRCA is analyzing the conditions that

led to major flooding throughout the

Grand River watershed during the mid

winter melt in February.

Canadian ice experts and GRCA staff spentdays in the field following the event, taking acloser look at the ice and debris left in thefloodplain and beside the riverbanks throughCambridge and Brantford.

Hundreds of emergency service and municipalstaff worked to keep people and property safe asthey responded to this event. Roads were closed,people were evacuated and infrastructure wasprotected in many communities. A betterunderstanding of this flood will help the GRCAand its partners prepare for future ice jams andthe more frequent flooding that may result fromclimate change.

“We learn from each flood. The understandingthat we gained from the flood last June helped us

with our response to this event,” says DwightBoyd, Director of Engineering for the GRCA.

GRCA staff relied heavily on weather forecaststo anticipate the flooding that could take place.They issued the first flood warning for parts of thewatershed on Friday, February 16. The nextmessage, on February 18, was a warning for theentire watershed. The messages came regularlyafter that with more specific information.

The flooding happened at a tricky time, as itwas the beginning of the Family Day longweekend. It was ideal that lots of notice allowedemergency response staff and the general public toprepare. This is often not possible, Boyd says. As always, a flood model was used to predictflooding, but ice jam release is very hard topredict. As soon as the flood was finished, it wastime to gather more information. This analysis iscrucial in the aftermath of any flood. “The better we understand this flood, the better

The Grand impacted by jams

63

Share the resources – Share the responsibilityPage 2

prepared we will be for the next major icejam that comes along. Ice jams form quicklyand are more complex and less predictable,”says Boyd. “It’s much harder to predict whenan ice jam will break and the bulk of thewater will move down the river. There are somany more variables than with a spring

flood.” GRCA staff worked throughout the

February event to monitor watershed andweather conditions. They used the reservoirsto store runoff to reduce peak flows and laterreleased it to the river to reduce thedownstream flooding.

What happenedWeather over the course of the winter set

up the conditions for this flood. The winterof 2018 was one of the coldest on record,forming very strong ice throughout thewatershed. The winter of 2014 was similarbut the melt was more gradual and the iceeased out of the river without major issues.

Some of the very thick ice broke up duringtwo mid-January melts. But plungingtemperatures soon followed the weatherevents and ice jams formed on the river inthree locations — Cambridge, Brantford andCayuga.

A quick drop in temperature followingeach of these events created a different kindof ice in the river, called frazil ice. Frazil icecan turn entire sections of the river to slush.That slush plugs up gaps in the ice jams,further restricting water flow in these areas.Ice experts believe that restriction to riverflow caused by this frazil ice ultimately led tothe catastrophic release of the Cambridge icejam that stretched approximately fivekilometres upstream of Parkhill dam.

When the weather system arrived onFebruary 19, it brought 40 to 60 mm of

rainfall to the watershed. This rainfall addedto the 50 to 70 mm of water content in thesnowpack that began melting with the warmtemperatures.

Preplanning and early warnings werecritical in ensuring that municipal partnersacross the watershed were prepared andcould help residents quickly.

Hard to predict ice breakup When the ice did break in Cambridge, it

moved out suddenly with no warning andsounded like a freight train, according toobservers. A Waterloo Regional Policeofficer captured the moment on video in theearly morning of February 21. The videoshows full-sized trees along with the icechunks being swept with tremendous forcealong the river.

The peak flow through Cambridgereached 1,100 cubic metres per second (cms)when the ice jam released. Were ice jams nota factor in this event, river flows would havepeaked in the range of 600 cms. The ice jamrelease was similar to a dambreak. Ice anddebris damaged a water main under theConcession Street bridge, communicationsand other infrastructure. If the water had notbeen regulated by upstream reservoirs, itwould have been in the range of 1,400 cms.

“We were very fortunate that the ice jamin Cambridge released when it did. Theguardrails along Highway 24 snapped liketoothpicks. Thankfully, no one was drivingin the area at 2:00 a.m.” Boyd says.

In late January, the Grand River in Cambridge above Parkhill Dam was already in a jam. This is the view from Riverbluffs Park. Two January meltshad broken up the sheet of ice into ice chunks, but these remained in place. This set the scene for the even bigger ice jam in February thatextended five kilometres upstream from Parkhill Dam.

Photo by Kevin Tupman

The Canadian Coast Guard’s HMS Griffin icebreaker broke up the ice in the southernGrand River to minimize flooding.

64

Grand Actions – April 2018

In Brantford, thousands of people had tobe evacuated from their homes, due to theflood risk. By the time flows had peaked andmoved downstream, it impacted propertiesand infrastructure in the communities ofGrand Valley, Waldemar, Drayton,Cambridge, Glen Morris, Paris, Brantford,Six Nations, Cayuga and Dunnville.

Complex communicationsDuring a flood emergency, GRCA staff are

responsible for communicating importantinformation about the river to municipalstaff and first responders throughout thewatershed. These agencies use thisinformation to warn and protect residents,secure infrastructure and respond toemergencies.

GRCA staff work closely with CommunityEmergency Managers and FloodCoordinators to prepare and plan for floodemergencies. A critical component of thisplanning involves reviewing communicationroles and responsibilities.

Just the week prior to the February flood,the GRCA’s annual flood coordinatorsmeeting brought together nearly 100municipal staff and first responders todiscuss past events and plan for theupcoming year. As part of this planning

process, an annual flood warning test isconducted to ensure the warning system isfunctioning properly. The 2018 test wasconducted with a 100 per cent success ratefrom all watershed communities. This is oneof the many processes in place to plan forflooding.

The GRCA website also plays animportant role from a communicationsperspective. Information shared on theGRCA website allows the public, emergencyresponders and media to find informationabout current water conditions and floodmessages. At the peak of the flood event inBrantford on February 21, the GRCA websitewas receiving 7,500 page views per hour. Thewebsite diverts potential phone calls andallows staff to focus on managing the floodevent and provision of information tomunicipal emergency responders and police.

While ice jam flooding was a significantelement of this flood event, it was a large,watershed-wide event. Flows in the NithRiver through New Hamburg and othercommunities along the on the river were thethird highest on record since 1951, onlyexceeded by April 1975 and December 2008.The Canadian Coast Guard responded to arequest to break ice at the mouth of theGrand River where it empties into Lake Erie.

Efforts of the Coast Guard helped avoid icejam flooding in the communities ofDunnville and Port Maitland.

Members from federal, provincial andmunicipal levels of government attended theGRCA’s Annual General Meeting inFebruary to express their thanks to theGRCA board and staff for the response tothe flood earlier that week.

Appreciation came from Cambridge MPPKathryn McGarry, Cambridge MP BryanMay and Brant County Mayor Ron Eddy,who said he had never seen a flood thissevere in Brantford.

During the meeting, Minister McGarrysaid she was honoured to thank staff and theGRCA board for their incredible work tokeep citizens informed and safe duringfloods.

A detailed report about this flood is partof the March 23, 2018 GRCA meetingagenda and is available online athttp://calendar.grandriver.ca/directors.

The Nith River overflowed its banks in New Hamburg on February 21. The Nith River doesn’thave any reservoirs to hold back water. The GRCA’s role in managing the flood in communitiesalong the Nith is about predicting when and where a flood will take place and working withflood coodinators to keep people and properties as safe as possible.

During the February flood, the Map

Your Property tool on the GRCA

website was very active.

One use of this tool is to find out if all or

part of your property is within the

floodplain. You can quickly find this outand create a map of your property in foursteps.

1. On www.grandriver.ca/propertymaps,click the name of your municipality.

2. Review the disclaimer pop-up.3. Type your address in the address box. 4. A map of the property will come up

and you can pan, zoom and turn map layers on and off using the menu on theleft side. You can also print the map.

There are more than 100 layers on thismap providing information such as roads,infrastructure and wetlands. This GISinformation is updated regularly.

Many planners, consultants and residentsuse this tool regularly and it is available toeveryone.

You can map your property

65


The GRCA will spend more than $34

million this year on programs that

protect water quality, reduce flood

damages, protect natural areas, support

responsible development and provide

outdoor recreation and environmental

education.

Municipalities will contribute about $11.3million in general municipal levy to theGRCA this year, about 33 per cent of thetotal budget. The municipal levy portion isup 2.5 per cent this year, which works out toapproximately $10.72 per watershed resident.

Government grants totalling just over $4.9million represent about 15 per cent of thebudget. This includes $800,000 frommunicipalities towards the Rural WaterQuality program. The remainder is primarilyprovincial grants, which include funding ofover $1.5 million for the Source ProtectionProgram.

The GRCA generates more than $15.3million or 44 per cent of its own revenuethrough revenue sources such as campingfees, park admissions, nature centreprograms, hydro sales, property rentals, treesales, planning permits, and donations raisedby the Grand River ConservationFoundation (GRCF).

Municipal General Levy The municipal levy portion of the budget

is calculated using the “Modified CurrentValue Assessment” under Regulation 670/00of the Conservation Authorities Act. Due tothe December 21, 2017 decision of theMining and Lands Commissioner, the 2018levy apportionment does not include anadjustment for the City of Hamilton, whichhad been made to the levy apportionmentsince 2001. As a result, Hamilton’s share ofthe total levy has increased from 2.4 per centto 12.6 per cent and the amount apportionedto all other participating municipalities hasdecreased by an equivalent amount. Furtherinformation about this change is outlined inthe January 26, 2018 board report, Budget2018 – General Levy ApportionmentUpdate. The City of Hamilton has advisedthe GRCA that it has requested a JudicialReview of the Mining and LandsCommissioner’s decision. Currently, it is not

known whether that request will be grantedand if there is potential for adjustments tothe 2018 levy apportionment.

Drinking Water Source ProtectionThe GRCA continues to work on the

development and implementation of aDrinking Water Source Protection Plan foreach of the four watersheds in the Lake ErieSource Protection Region, including theGrand River watershed, as part of theprovincial Source Protection Program underthe Clean Water Act, 2006. All four SourceProtection Plans are approved and in effect.In addition to supporting municipalities andother agencies in implementing the plans,the GRCA’s focus in 2018 is on updates tothe Grand River Source Protection Plan,including water quantity risk assessmentstudies, development of water quantitypolicies, updating water quality vulnerabilityassessments, and the development of anannual progress reporting framework.

Water Management PlanThe Water Management Plan was

endorsed in 2014 as an update to the 1982Grand River Basin Study that charts a courseof actions to reduce flood damages, ensurewater supplies, improve water quality andbuild resilience to deal with climate change.Municipal, provincial and federalgovernment and Six Nations WaterManagers meet quarterly to report on theprogress of the commitments in the Plan.Annual progress reporting is projectedthrough to 2019. Technical work on a stateof the water resources report started in 2018and is planned to be completed in 2019.

Grand River ParksThe GRCA operates 11 active parks in the

Grand River watershed, offering a wide arrayof activities including camping, fishing,swimming, hiking and skiing. These parksare user-supported through gate admission,equipment rental fees, and camping revenuesand receive no tax dollars to support theiroperation. Following three very successfuloperating seasons, the parks will continue tofocus on infrastructure reinvestment in 2018.This reinvestment will primarily focus on

projects that will enhance the visitorexperience including improved washroomfacilities, playgrounds and access controlgates at park entrances.

Emerald Ash BorerDuring 2018, the GRCA will continue to

address the impacts of Emerald Ash Boreron GRCA lands and will continue to seekfinancial resources to manage thisinfestation. About $400,000 will be spent thisyear responding to damage caused by theinvasive insect. Most of the money will go toremove hazardous trees in the areas wherethe infestation is the highest.

Rural Water Quality Program$800,000 is expected to be available to

farmers to help them undertake projects toprotect water quality on their land includingtree planting, erection of fences along watercourses, construction of manure storagetanks and other projects. The money comesfrom municipalities within the Grand Riverwatershed, while the GRCA manages theprogram.

Water Control StructuresMajor water control capital projects

planned for 2018 include upgrades to backupgenerators and fuel systems at Guelph andWoolwich dams, refurbishment of the gatesat Woolwich Dam, a gate failure modesanalysis of the Conestogo Dam gates,installation of new stoplog gains andstoplogs at Caledonia Dam, and continuedmaintenance of portions of the Brantford,Bridgeport, Cambridge and New Hamburgdikes. Design of the repair of a portion of theCambridge riverwall is being coordinatedwith a City of Cambridge project to build ariver level walkway at the base of thefloodwall.

2018 GRCA budget W H A T ’ SH A P P E N I N G

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When the Grand River Parks open

in May, they will have new

containers to recycle fishing line,

thanks to a partnership with the KW

Cambridge Bass Masters Club.

Members of the fishing club built 18fishing line recycling containers for theparks. These have been installed by park staffat boat launches and other locations whereanglers will have easy access to them.

Fishing line is a danger to wildlife, whichcan become entangled in it. Birds sometimesuse it as material for nesting, in which case itposes a danger to hatchlings and adults alike.

“The containers will help keep usedfishing line from impacting fish and wildlifewithin our parks,” explains Robert Messier,GRCA Ecologist. “We’re really pleased thatthe Bass Masters have volunteered to help.”

Messier said that when he dropped by theGRCA’s mechanic shop last summer, a lawnmower was undergoing a $300 repair due toan encounter with fishing line. An outboardmotor also had to be repaired that day forthe same reason. The equipment of visitorsand cottagers may also be damaged, soimproper disposal of fishing line costsmoney and aggravation.

Donated materialsMaterials to construct the containers were

donated by IPEX HomeRite Products inMississauga. In fact, the company donatedtwice as much material as was needed inorder to make more containers to be placedat other locations within the watershed.Members of the Grand River Fish Plan areworking with community partners on this.

Last fall, volunteers at a cleanup atBelwood Lake Park removed 335 kilos ofgarbage from the Belwood Lake shoreline,including 700 metres of fishing line andmore than 60 lures and bobbers.

New fishingline recycling

Receptacles for fishing line have beeninstalled at Grand River Parks

Learn outdoor skills at Shade’s Mills Park

Outdoor enthusiasts can expand their

skills through handson workshops at

Shade’s Mills Park in Cambridge on the last

Sunday of each month.

Outdoor skill sessions on fire making andnavigation that took place early in the yearwere popular. Upcoming sessions will coverskills such as knots and shelter building, treeidentification, and interior backpacking andcamping. This new program has somethingfor everyone — beginners, experts andfamilies with older children.

“People seem to really enjoy developingtheir outdoor skills, so we are very pleased tobe able to offer this new program,” saysBrian Hunt, Park Superintendent.

The workshops generally take place the

fourth Sunday of the month, 10 a.m. to 2:30p.m. with a half-hour lunch break. Advancedregistration is recommended as there areonly 25 spots. Park entrance fees apply forthose who don’t have an annual ParkMembership.

The series is presented in partnership withSail Outdoor store in Cambridge, whichbrings a range of gear for people to try. Allyou need to bring is enthusiasm and a baglunch.

The cost is $20 to register online atwww.grandriver.eventbrite.ca. Childrenmust be at least 10 years old andaccompanied by an adult to participate.Children over the age 14 are welcome toattend on their own. Please dressappropriately for the weather, as most of thetime is spent outdoors.

For more details and a full listing of parkevents, visit www.grandriver.ca/events andyou may also subscribe to receive eventinformation.

A new outdoor skills program at Shade’s Mills Park is popular. The workshops take place the lastSunday of each month to giving people the skills to enjoy outdoor activities.

Photo by Janet Baine

Upcoming outdoor skillsworkshop schedule

April - Knots and shelter buildingMay – Outdoor tools June – Fishing techniques and equipmentJuly – Interior backpacking and campingAugust – Tree and plant identification, including edible plantsSeptember – GPS navigationOctober – Advanced fire startingNovember – Winter survival skills

67


Cambridge City Green’s stewardship

initiative connects city residents to

their local environment as they make

their city a better place to live and work.

This city initiative received a 2017Watershed Award from the Grand RiverConservation Authority (GRCA) at a specialevent in October.

Cambridge City Green started in 1993 tooversee a community action plan for theenvironment. This includes litter cleanups,an annual educational event and CambridgeStewardship, which got underway in 2007.Since then, it has racked up some impressiveresults by planting 12,000 trees, shrubs andwildflowers of 175 species. The work hasbeen carried out during 90 planting eventsby over 75 groups at 30 locations in the city.

“The goal is to plant bigger trees, such as25 big native trees, instead of 200 seedlings.But it’s really about the people, not just theplants or the parks. We try to find peoplewith an affinity to the piece of land,” said

Club, high schools and TD Tree Dayparticipants. A Carolinian forest with trails,bridges and lots of beauty is now at thislocation, and only a little work is left to do.

Over the years, Apotex has provided$100,000 to support the initiatives of theCoalition, Berhalter said.

“Apotex has done so much for the BrantTree Coalition,” said Jessica Robbins, GRCAForestry Specialist. “Jim comes to everymeeting, helps on planting days and onevery occasion. The company itself has to bevery committed to tree planting inBrantford, and has been, ever since thebeginning.”

The legion of dedicated tree planters isgrowing in Brantford each year. All the highschools in Brantford now bring students toplant trees.

“I think the most rewarding part everyyear for me is when I see the kids come outand have an environmental experience theymight not have had otherwise,” Berhaltersaid. “This could generate interest in theenvironment that will stay with them for therest of their lives.”

Apotex Pharmachem Inc. received a

2017 Watershed Award from the

Grand River Conservation Authority

(GRCA) for its leadership in planting trees

in Brantford.

Apotex became involved in 2005, when theCity of Brantford needed bigger trees forparks. Company staff planted 225 trees on asmall unused piece of land across the roadfrom their plant. The trees grow in thenursery until they have a girth of 7.5 to 10cm (three to four inches), when they arereplanted in city parks. Jim Berhalter, VPGlobal Finance at Apotex, is the lead for thiscompany initiative.

In 2006, with financial aid from Apotex,the first tree planting by several communitygroups and companies took place and theBrant Tree Coalition was established, withBerhalter as the co-founder of the Coalition.It is made up of companies that share acommitment to plantings and work withseveral partners to increase the tree canopy.

This is an important issue in Brantford. In2004, a GRCA report found that Brantfordwas the city in the watershed with the

smallest canopy, at 23.5 per cent. The citysoon set a goal of 40 per cent tree canopy.

Since 2006, the Brant Tree Coalition hasgrown in membership and annual plantingevents. Apotex has continued to financiallysupport tree planting and provide leadershipto the Tree Coalition.

“Apotex has given tree planting in the citya big boost and has been working hard togreen the city,” said Brantford resident andEarth Day volunteer Chuck Beach, whonominated the company for the award.

The Tree Coalition took on the Forest inthe City project, a big, 32-hectare (78-acre)site that took five years to complete. Thenew forest is on land beside BraneidaIndustrial Park in Brantford and is borderedby Henry Street, Garden Avenue andHighway 403. This land could not bedeveloped, and now 58,000 native trees havebeen planted there. Numerous communitygroups have taken part, including the Rotary

CambridgeCity Green

Brantford’s ApotexPharmachem receives award

Apotex Pharmachem is an environmental leader in Brantford and helped start the Brant TreeCoalition, which works with the community to get thousands of trees in the ground each spring.

Photo by Tom Wilson

W A T E R S H E DA W A R D S

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Join Cambridge City Green for a tree plantat Dumfries Conservation Area on May 10.For information, check the calendar on theback page.

educational displays to explain the project.The displays have been brought to cityevents, and now pollinator gardens areexpanding to schools. The Mariners havealso been maintaining the garden andimproving it as they learn more about thesoil, the plants and the pollinators.

In addition to planting events, theCambridge Stewardship has worked with theMill Creek Rangers to stock trout at SoperPark for several years. It has been a keycommunity partner and helped to bring localcitizens, school groups, community groupsand city officials out to help, giving theRangers the chance to teach stewardship toyounger kids.

It’s not all about trees and plants —animals also benefit from the work ofCambridge Stewardship. When five snappingturtles were discovered laying eggs in a woodchip pile that had been set up for a CityGreen project, the area was protected so theyoung snappers could emerge in the fall.

Tree planting has become a spring ritual inCambridge, thanks to City Green.

Paul Willms, the Sustainability Planner forCambridge and the staff liaison for thisprogram.

He recalls working with one company,Frito Lay, at a park close to where manyemployees live. The trees were plantedduring a dry year. After the planting, Willmsgot a call from one of the volunteers, whotold him not to worry about the trees,because the employees had already organizedthemselves to water the trees twice a week.

“We’ve learned that if people have aconnection to the project, there is thehighest likelihood that they will stayengaged. We have a community garden, apollinator garden and schoolyard plantings.We also have businesses planting on theirown land,” he said. “Each group will flavourit in the way they want.”

A pollinator garden was undertaken by theAncient Mariners Canoe Club, beside theirclubhouse, and the club also developed

G R C F

They’re the individuals, families, groups

and businesses who put their time and

energy into improving the Grand River

watershed.

Many do it without recognition, satisfiedwith the legacy they leave for futuregenerations.

The GRCA thinks they deserve to beacknowledged and is looking fornominations for the annual watershedawards. These awards have been given outsince 1976.

There are two award categories:• Honour Roll Awards are presented for

a sustained record of environmental achievement over an extended periodof time.

• Watershed Awards are for outstanding examples of environmental work.

Nominations can come from anyone inthe watershed. The deadline is May 1, 2018.More information on the program,including short videos of past winners anda nomination form, are online atwww.grandriver.ca/awards.

The winners will be honoured at aspecial event in October.

Do you know awatershed hero?

Students who are planning a career in an

environmental field may be eligible to

apply for one of three scholarships offered

by the Grand River Conservation

Foundation. The deadline to apply for these

scholarships is May 31, 2018.

Here is some information about eachscholarship:

• The SC Johnson Environmental Scholarship ($4,000) helps a universityor college student continue study in the conservation or environmental field.

• The McEwen Clean Water Prize ($3,000) is for an undergrad or graduatestudent with a strong interest in protecting, developing and restoring clean water resources.

Details and applications can bedownloaded from the Foundation website atwww.grcf.ca or are available by contactingthe Foundation in Cambridge at 1-1-877-29GRAND or 519-621-2763 ext. 2372. Theemail address is [email protected].

Apply now for 2018 scholarships

Allie Leadbetter receives the 2017 McEwenClean Water Prize from Murray McEwen.


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Follow the GRCA:Share the resources – Share the responsibility

T H E G R A N D C A L E N D A R

This newsletter is produced several times ayear by the Grand River ConservationAuthority.

More information:Current and back issues as well as completesubscription information is available onlineat www.grandriver.ca/GrandActions.

Submission deadlines: The 15th of February, April, June, August,October and December. Submissions maybe edited for length or style. Photos andevent information is also welcome. We doour best to publish items, but we are notable to guarantee publication.

To subscribe by e-mail:www.grandriver.ca/subscribe

To subscribe by mail, change yoursubscription or for information:Janet Baine, Grand Actions editorPhone: 519-621-2763, Ext. 2302E-mail: [email protected]: Box 729 400 Clyde RoadCambridge ON N1R 5W6

About Grand Actions:

Join us at the GRCA tree sale May 11 to pickup trees to plant on your property.


Brant Community Tree Plant,Saturday, April 28, 10 a.m. to noon

Bring your friends and family to planttrees for future generations at Jacob's WoodsPark in St. George. This planting is hosted bythe CELP class from Paris District HighSchool. For more information, call 519-442-3342. Please bring work gloves and be sureto dress for the weather.

Cache In Trash Out at Bannister,Wrigley, and FWR Dickson, Sunday,April 29, 9 a.m. to 2 p.m.

Cache In Trash Out (CITO), is an ongoingenvironmental initiative supported by theworldwide geocaching community. Localgeocachers are hosting a CITO event inNorth Dumfries. Entry is free, and bags,rubber gloves, maps and instructions areprovided. Please bring your GPS, workgloves and wear boots. Rain or shine.Registration and information is online atwww.citopinehurst.eventbrite.com.

Upper Grand Trailway Tree Plant,Saturday, May 5, 10 a.m. to noon

Come to the Grand Valley Trail to helpplant trees along the Upper Grand Trailway.Planting starts at the trail entrance alongCounty Road 25 in Grand Valley. Bring yourshovel. The local Lion’s Club will provide hot

dogs and beverages after planting.

Forests Ontario Community TreePlant, Saturday, May 5, 10 a.m. tonoon

Support a family-friendly communityreforestation project at Laurel Creek NatureCentre, rain or shine. Please bring gardeninggloves, boots and a lot of energy. Wee onesmay want smaller spades. Forests Ontarioand the GRCA will supply trees, mulch andshovels. High school students can completecommunity service hours when they bringtheir forms.

Please register online atwww.ForestsOntario.ca.

Dumfries Conservation Area TreePlant, Cambridge, Thursday, May 10,6:30 p.m. to 8:30 p.m.

This family-friendly event in Cambridgeoffers the chance to help with a localreforestation project. Volunteers are asked tobring their own gardening gloves and lots ofenergy. High school students can completecommunity service hours when they bringtheir forms. This event is being held by CityGreen, the City of Cambridge and theGRCA. Enter Dumfries Conservation Areaat Dunbar Road and Pine Street and followthe signs to the planting and parking area.

In the event of severe weather, thisplanting will be rescheduled for Monday,May 14.

Annual GRCA Tree Sale Friday, May11, 8 a.m. to noon

The sale takes place at the forestry barn atGRCA head office. Trees available includesmall bare-root seedlings, small potted treesand five to seven foot saplings of manyspecies. The sale also includes nativewildflower seed mixes and wildflower plugs.Cancelled orders, trees not picked up andnursery overruns are part of this sale. It isfirst come, first served and lineups startearly. Once the sale starts, five or six vehiclesare brought to the loading dock. As thosepeople leave, more cars are brought in. Themost popular trees sell out quickly, but thereare always trees available at the end of thesale. More information is available atwww.grandriver.ca/events.

Free admission for Mother’s Day atRockwood Park, May 13

Admission is free on Mother’s Day atRockwood, as a thank you from the GRCAand park staff to our visitors. Mini-putt willalso be free for the day, thanks to thegenerous support of Tracey Morrow atTrillium West Real Estate Brokerage. Traceywill be on hand to help families withequipment and offer some pro tips. Campingand boat rental fees will still apply.

For a full list of GRCA events and anyupdates, check or subscribe online atwww.grandriver.sa/events.

70

NOTICE OF PUBLIC MEETING

CONCERNING PROPOSED

ZONING BY-LAW AMENDMENT

TAKE NOTICE that the Council of the Corporation of the Municipality of North Perth will hold a public meeting on May 14, 2018 at 7:00 p.m. in the Council Chambers at the Municipality of North Perth Municipal Offices (330 Wallace Avenue North, Listowel) to consider a proposed amendment pursuant to the provisions of the Ontario Planning Act.

The proposed amendment is a ‘housekeeping’ amendment initiated by the Municipality for making a number of revisions to the Municipality’s Comprehensive Zoning By-law No. 6-ZB-1999. The proposed changes affect various lands throughout the Municipality and include the following:

a) The Interior Side Yard Requirement for Triplex Dwellings (10.6) and Fourplex

Dwellings (10.7) within the Residential Zone Four (R4) will be adjusted to the following:

i. 10.6.4 Interior Side Yard a. 1 storey dwelling – 1.8 metres (6 feet) b. 2-storey dwelling - 2.4 metres (8 feet)

ii. 10.7.4 Interior Side Yard a. 1 storey dwelling – 1.8 metres (6 feet) b. 2-storey dwelling - 2.4 metres (8 feet)

b) The Planting Strip Requirement for Townhouse Dwellings (11.2.9) will be revised to

remove some of the regulations for when and where a planting strip is required.

c) Additional provisions related to household pets will be added to Prohibited Uses (5.24). The proposed Zoning By-law Amendment is being considered by the Municipal Council in order to make a number of changes for the purpose of rectifying several identified errors.

ADDITIONAL INFORMATION relating to the proposed Zoning By-law Amendment is available for inspection during office hours at the Municipality of North Perth offices.

DATED AT THE MUNICIPALITY OF NORTH PERTH THIS 24th DAY OF APRIL 2018. Patricia Berfelz, Clerk, Municipality of North Perth, 330 Wallace Ave North, Listowel ON N4W 1L3 Telephone: (519) 292-2062, Email: [email protected]

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COUNCIL REPORT - Suggested Housekeeping Changes to Zoning By-law No. 6-ZB-1999 Page 1

This document is available in alternate formats, upon request.

COUNCIL REPORT

From: Sean Yilmaz, Planner Date: Monday, May-14-18 Subject: Suggested Housekeeping Changes to Zoning By-law No. 6-ZB-1999 Location: Municipality-Wide

Background: “Housekeeping” amendments to comprehensive zoning by-laws are useful for adjusting the regulations and provisions that are generally minor in nature, ensuring the document keeps pace with emerging trends in land use, updating the document with new policy requirements and making corrections to identified errors. The last housekeeping amendment to Zoning By-law No. 6-ZB-1999 was approved in 2016 and included several general changes to definitions and certain standards, as well as changes to several permissions and requirements for various standards. Proposed Changes: The draft housekeeping amendment provides adjustments to the Zoning By-law. The following section describes the nature of each change and includes planning comments/rationale regarding each change.

1. Revised provisions for triplex and fourplex dwellings

The draft amendment will revise Section 10.6.4 and 10.7.4 of the Zoning By-law to reflect a more appropriate interior side yard requirement for triplex and fourplex dwellings within the Residential Zone Four (R4). The changes are intended to correct an error in the current Zoning By-law (No. 6-ZB-1999). The provisions specified in the R4 Zone require less of an interior side yard setback for 2-storey dwellings than 1-storey dwellings. This is incorrect, as 1-storey structures should require less of a setback. The rationale is that taller structures should be setback further from the neighbouring lot, which provides for increased privacy and reduced shadowing.

If approved, the minimum interior side yard setback for triplex and fourplex dwellings within the R4 Zone will be replaced with the following:

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i. 10.6.4 Interior Side Yard a. 1 storey dwelling – 1.8 metres (6 feet) b. 2-storey dwelling - 2.4 metres (8 feet)

ii. 10.7.4 Interior Side Yard a. 1 storey dwelling – 1.8 metres (6 feet) b. 2-storey dwelling - 2.4 metres (8 feet)

2. Revisions to planting strip requirements

The draft amendment will replace the planting strip requirements for townhouse dwellings within the Residential Zone Five (R5). If approved, Section 11.2.9 of the Zoning By-law will only require a planting strip where an interior side or rear lot line of a lot being developed abuts a lot that is used for non-residential uses or where the interior side or rear lot line of a lot being developed abuts a Future Development Zone. Currently, a planting strip is required where townhouse dwellings abut any residential use. The Municipality requires internal townhouse dwellings to provide 3-metre access easements to ensure sufficient access is available at the rear. It is staff’s experience that the planting strip provided for townhouse dwellings tend to grow into the easement and the access becomes problematic and is counterintuitive. Historically, planting strips have been required between competing or differing uses, not different types of residential uses. 3. Added prohibited uses (household pets)

The draft amendment will restore regulations that will limit the number of household pets (in non-agricultural areas) to not more than three on a single property. Following the previous housekeeping amendment, Section 5.24 – Prohibited Uses was revised and a limit on household pets was removed. This Amendment will re-establish the previous regulation. The entirety of Section 5.24 has been deleted and replaced, however the only change of Section 5.24 is the limit to household pets. This is highlighted in yellow on By-law 70-2018 for further clarity.

Comments: N/A Financial Implications: (Include amounts and funding source)

N/A Recommendation: THAT: The Council of the Municipality of North Perth APPROVE the proposed housekeeping amendment to Zoning By-law No. 6-ZB-1999, affecting various areas in the Municipality of North Perth.

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Reference Material Attached:

Excerpt of relevant Zoning By-law 6-ZB-1999 sections:

o Section 10 - Residential Four Zone

o Section 11 - Residential Five Zone

o Section 5 - General Provisions Corporate Strategic Plan: The information and responses provided in this report are consistent with and in keeping with the Municipality’s approved Vision, Mission, and Strategic Plan. Report Prepared by: Sean Yilmaz, Planner Reviewed by: Kriss Snell, CAO Click here to enter a date.

Sean Yilmaz, Planner

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April, 2017 Consolidation Page 10 -1

SECTION 10 - RESIDENTIAL ZONE FOUR (R4) No person shall within any “R4” Zone use any land or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 10.1 Permitted Uses, Buildings, and Structures

(a) one single-detached dwelling on one lot; (b) one semi-detached dwelling on one lot; (c) one dwelling unit of a semi-detached dwelling on one lot; (d) one semi-detached link dwelling on one lot; (e) one dwelling unit of a semi-detached link dwelling on one lot; (f) one duplex dwelling on one lot; (g) one triplex dwelling on one lot; (h) one fourplex dwelling on one lot; (i) one converted dwelling on one lot, containing not more than four dwelling units; (j) one boarding or lodging house on one lot, containing not more than four guest

rooms; (k) a home occupation, in accordance with Section 3; (l) a bed and breakfast establishment, in accordance with Section 3; (m) a park, in accordance with Section 28; (n) accessory uses, buildings, and structures, in accordance with Sections 3 and 5.

10.2 Requirements for Single-Detached Dwellings In accordance with the provisions of Section 9.2

10.3 Requirements for Semi-Detached, Duplex, and Semi-Detached Link Dwellings

on One Lot In accordance with the provisions of Section 8.3.

10.4 Requirements for One Dwelling Unit of a Semi-Detached Dwelling on One Lot

In accordance with the provisions of Section 8.4. 10.5 Requirements for One Dwelling Unit of a Semi-Detached Link Dwelling on One

Lot AMENDED BY BY-LAW 1-2017 10.5.1 Lot Area, Minimum

(a) Interior Lot 300 m2 (3,200 ft2) (b) Corner Lot 400 m2 (4,300 ft2)

AMENDED BY BY-LAW 1-2017 10.5.2 Lot Frontage, Minimum

(a) Interior Lot 10 m (33 ft.) (b) Corner Lot 13 m (43 ft.)

10.5.3 Front Yard, Minimum 6 m (20 ft.)

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AMENDED BY BY-LAW 1-2017 10.5.4 Interior Side Yard, Minimum

(a) With attached garage or carport 1.5 m (5 ft.) (b) No attached garage or carport 3.6 m (12 ft.) (c) Along the lot line of the attached unit 1.0 m (3 ft.)

10.5.5 Exterior Side Yard, Minimum 6 m (20 ft.) 10.5.6 Rear Yard, Minimum 7.5 m (25 ft.) 10.5.7 Building Height, Maximum 10.5 m (35 ft.) AMENDED BY BY-LAW No. 2-2009 10.5.8 Lot Coverage, Maximum 45% REMOVED BY BY-LAW 1-2017 10.5.9 Removed

10.5.10 Landscaped Open Space, Minimum 30% 10.5.11 Parking Requirements In accordance with the provisions of Section 5.18. 10.6 Requirements for Triplex Dwellings AMENDED BY BY-LAW 1-2017 10.6.1 Lot Area, Minimum 650 m2 (7,000 ft2) AMENDED BY BY-LAW 1-2017 10.6.2 Lot Frontage, Minimum 20 m (66 ft.) 10.6.3 Front Yard, Minimum 6 m (20 ft.) AMENDED BY BY-LAW 1-2017 10.6.4 Interior Side Yard, Minimum

(a) 1-storey dwelling 3.6 m (12 ft.) (b) 2-storey dwelling 1.8 m (6 ft.)

AMENDED BY BY-LAW 1-2017 10.6.5 Exterior Side Yard, Minimum 6 m (20 ft.) AMENDED BY BY-LAW 1-2017 10.6.6 Rear Yard, Minimum


10.6.7 Building Height, Maximum 10.5 m (35 ft.) AMENDED BY BY-LAW No. 2-2009 10.6.8 Lot Coverage, Maximum 40% REMOVED BY BY-LAW 1-2017 10.6.9 Removed 10.6.10 Landscaped Open Space, Minimum 35% 10.6.11 Parking Requirements In accordance with the provisions of Section 5.18.

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10.7 Requirements for Fourplex Dwellings 10.7.1 Lot Area, Minimum 740 m2 (8,000 ft2) AMENDED BY BY-LAW 1-2017 10.7.2 Lot Frontage, Minimum 20 m (66 ft.) 10.7.3 Front Yard, Minimum 6 m (20 ft.) AMENDED BY BY-LAW 1-2017 10.7.4 Interior Side Yard, Minimum

(c) 1-storey dwelling 3.6 m (12 ft.) (d) 2-storey dwelling 1.8 m (6 ft.)

AMENDED BY BY-LAW 1-2017 10.7.5 Exterior Side Yard, Minimum 6 m (20 ft.) AMENDED BY BY-LAW 1-2017 10.7.6 Rear Yard, Minimum

(c) 1-storey dwelling 4.5 m (15 ft.) (d) 2-storey dwelling 7.5 m (25 ft.)

10.7.7 Building Height, Maximum 10.5 m (35 ft.) AMENDED BY BY-LAW No. 2-2009 10.7.8 Lot Coverage, Maximum 40% REMOVED BY BY-LAW 1-2017 10.7.9 Removed 10.7.10 Landscaped Open Space, Minimum 35% 10.7.11 Parking Requirements In accordance with the provisions of Section 5.18. 10.8 Requirements for Converted Dwellings 10.8.1 Number of Dwelling Units, Maximum 4 dwelling units AMENDED BY BY-LAW 1-2017 10.8.2 Lot Area, Minimum

(a) for a 2-unit dwelling 557 m2 (6,000 ft2) (b) for a 3-unit building 650 m2 (7,000 ft2) (c) for a 4-unit building 700 m2 (7,500 ft2)

10.8.3 Lot Frontage, Minimum

(a) for a 2-unit building 18 m (60 ft.) (b) for a 3-unit building 20 m (65 ft.) (c) for a 4-unit building 21 m (70 ft.)

10.8.4 Front Yard, Minimum 6 m (20 ft.)

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AMENDED BY BY-LAW 1-2017 10.8.5 Interior Side Yard, Minimum

(a) 1-storey dwelling 1.2 m (4 ft.) (b) 2-storey dwelling 1.8 m (6 ft.) (c) No attached garage or carport 3.6 m (12 ft.) one-side only

10.8.6 Exterior Side Yard, Minimum 6 m (20 ft.) 10.8.7 Rear Yard, Minimum 7.5 m (25 ft.) 10.8.8 Building Height, Maximum 10.5 m (35 ft.) AMENDED BY BY-LAW No. 2-2009 10.8.9 Lot Coverage, Maximum 40% REMOVED BY BY-LAW 1-2017 10.8.10, 10.8.1, 10.8.12 Removed 10.8.13 Landscaped Open Space, Minimum 35% 10.8.14 Parking Requirements In accordance with the provisions of Section 5.18. 10.9 Requirements for Boarding or Lodging Houses 10.9.1 Number of Bedrooms for Rent, Maximum 4 AMENDED BY BY-LAW 1-2017 10.9.2 Lot Area, Minimum 557 m2 (6,000 ft2) 10.9.3 Lot Frontage, Minimum 18 m (60 ft.) 10.9.4 Front Yard, Minimum 6 m (20 ft.) 10.9.5 Interior Side Yard, Minimum

(a) 1-storey dwelling 1.2 m (4 ft.) (b) 2-storey dwelling 1.8 m (6 ft.) (c) No attached garage or carport 3.6 m (12 ft.) one-side only

10.9.6 Exterior Side Yard, Minimum 6 m (20 ft.) 10.9.7 Rear Yard, Minimum 7.5 m (25 ft.) 10.9.8 Building Height, Maximum 10.5 m (35 ft.) AMENDED BY BY-LAW No. 2-2009 10.9.9 Lot Coverage, Maximum 40% REMOVED BY BY-LAW 1-2017 10.9.10 Removed 10.9.11 Landscaped Open Space, Minimum 35%

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10.9.12 Parking Requirements In accordance with the provisions of Section 5.18. 10.10 Special Provisions 10.10.1 R4-1 (a) Location: Lot 37 and Part of Lot 36, Reg. Plan No. 155 (Listowel Ward)

(b) Notwithstanding the provisions of Section 10.1 of this By-law to the contrary, a use described as an existing automobile service station shall be permitted on the land in the “R4-1” zone as shown on Key Map 33 of Schedule “A” to this By-law.

(c) The provisions of Section 17.3 of this By-law shall apply to the use permitted by Clause (b) above.

(d) All other applicable provisions of this By-law, as amended, shall apply. 10.10.2 R4-2 (a) Location: Part of Lot 27, Registered Plan No. 155 (Listowel Ward)

(b) Notwithstanding the provisions of Section 10.2.5 of this By-law to the contrary, the minimum exterior side yard for a proposed addition to an existing single-detached dwelling on land in the “R4-2” zone as shown on Key Map 33 of Schedule “A” to this By-law shall be 3.04 metres (10 ft.).

(c) All other applicable provisions of this By-law, as amended, shall apply. 10.10.3 R4-3 (a) Location: Part of Lots 150, 151, 152, 153, and 154, Registered Plan No. 194 (Listowel Ward)

(b) Notwithstanding the provisions of Section 10 of this By-law to the contrary, no buildings and structures shall be permitted on the land in the “R4-3” zone as shown on Key Map 35 of Schedule “A” to this By-law until the following municipal services are available to serve all of the subject land: (i) Water and hydro services satisfactory to the Public Utilities Commission; (ii) Street, boulevards, sidewalks, trees, sanitary sewer/laterals, and

signage to the satisfaction of the Municipality, as set forth in a servicing agreement dated April 22, 1992; a copy of which is on file in the Municipal Clerk's Office.

(c) All other applicable provisions of this By-law, as amended, shall apply.

10.10.4 R4-4 (a) Location: Part of Lots 70 and 102, Registered Plan 185 and Part of Lots 31 and 32, Concession 1 (formerly Elma Township (Listowel Ward)

(b)Notwithstanding the provisions of Sections 10.2.1 and 10.2.2 to the contrary, the minimum lot area and minimum lot frontage for single-detached dwellings on interior lots on the land in the “R4-4” zone as shown on Key Map 31 of Schedule “A” to this By-law shall be 12.19 metres (40 ft.) and 399.47 square metres (4,300 sq. ft.), respectively.

(c)Notwithstanding the provisions of Sections 10.2.1 and 10.2.2 of this By-law to the contrary, the minimum lot area and minimum lot frontage for single-detached dwellings on corner lots on land in the “R4-4” as shown on Key Map 31 of Schedule “A” to this By-law shall be 499.34 square metres (5,375 sq. ft.) and 15.24 metres (50 ft.), respectively.

(d) All other applicable provisions of this By-law, as amended, shall apply. ADDED BY BY-LAW No. 21-ZB-2002

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10.10.5 R4-5 (a) Location: Part of Lots 17 and 25, Registered Plan No. 185 (622 Elma St. W.) Listowel Ward

(b)Notwithstanding the provisions of Section 10.1 of this By-law to the contrary, the existing building on the land in the “R4-5” zone as shown on Key Map 31 of Schedule “A” to this By-law (also shown on Schedule “A” to By-law No. 21-ZB-2002) may be converted for a professional office and one dwelling unit.

(c) All other applicable provisions of this By-law, as amended, shall apply. ADDED BY BY-LAW NO. 21-ZB-2005 10.10.6 R4-6 (a) Location: Part of Park Lots 4 & 5 and Park Lot 8, Reg. Plan 150, and Part 1, Plan 44R-895 (Bright Street, Listowel Ward)

(b) Notwithstanding the provisions of Sections 10.2 and 9.2 of By-law No. 6-ZB-1999 to the contrary, the minimum lot area and minimum lot frontage for single-detached dwellings on interior lots on the land within the “R4-6” zone as shown on Key Map 35 of Schedule “A” to By-law No. 6-ZB-1999, as amended (also shown on Schedule “A” to By-law No. 21-2005) shall be 376.9 m2 (4,057.05 ft.2) and 12.19 m (40 ft.), respectively.

(c)Notwithstanding the provisions of Section 10.2 and 9.2 of By-law No. 6-ZB-1999 to the contrary, the minimum lot area and minimum lot frontage for single-detached dwellings on corner lots on the land within the “R4-6” zone as shown on Key Map 35 of Schedule “A” to By-law No. 6-ZB-1999, as amended (also shown on Schedule “A” to By-law No. 21-2005) shall be 467.8 m2 (5,035.5 ft.2) and 15.19 m (49.83 ft.), respectively.

(d) All other applicable provisions of this By-law, as amended, shall apply. ADDED BY BY-LAW NO. 113-2010 10.10.7 R4-7(a) Location: Part of Lot 34, Concession 1 (former Township of Elma, now in the Listowel Ward) between Victoria Ave. S. and Livingstone Ave. S.

(b) Notwithstanding the provisions of Section 10 of this By-law to the contrary, row or townhouse dwellings, and accessory buildings shall be an additional permitted use, and may be constructed on the land located in the “R4-7” zone as shown on Key Map 32 of Schedule "A" to this By-law (also shown on Schedule “A” to By-law No. 113-2010).

(c) The permitted row or townhouse dwellings shall be subject to the provisions of Section 11.2 of By-law No. 6-ZB-1999, as amended.

(d) All other applicable provisions of this By-law, as amended, shall apply. ADDED BY BY-LAW NO. 147-2009 10.10.8 R4-8 (a) Location: Lot 7, Registered Plan 509 (Tremaine Ave. S., Elma Ward)

(b) Notwithstanding any provisions of this By-law to the contrary, the minimum front yard for dwellings on the land shown within the “R4-8” zone as shown on Key Map 40 of Schedule “A” to this By-law (also shown on Schedule "A" to By-law No. 147-2009) shall be 18 metres (59.06 ft.).

(c) All other provisions of this By-law, as amended, shall apply. ADDED BY BY-LAW NO. 88-2010 10.10.10 R4-10 (a) Location: Lot 14, Registered Plan No. 174 (Union St., Listowel Ward)

(b) Notwithstanding the provisions of Section 10.7.6 of this By-law to the contrary, a fourplex dwelling shall be permitted to have a minimum rear yard of 3.35 m (10.99 ft.) on the property located in the “R4-10” zone as

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shown on Key Map 32 of Schedule "A" to this By-law (also shown as Schedule “A” to By-law No. 88-2010).

(c) All other applicable provisions of this By-law, as amended, shall apply. ADDED BY BY-LAW NO. 141-2010 10.10.11 R4-11 (a) Location: Part of Lots 2 and 3, Reg. Plan 191 (170 Maitland Ave. S., Listowel Ward)

(b) Notwithstanding the provisions of Section 9.2.2 of this By-law to the contrary, a single-detached dwelling shall be permitted to have a minimum lot frontage of 12.19 m (40 ft.) on the property located in the “R4-11” zone as shown on Key Map 33 of Schedule "A" to this By-law (also shown as Schedule “A” to By-law No. 141-2010).

(c) All other applicable provisions of this By-law, as amended, shall apply. ADDED BY BY-LAW NO. 59-2012 10.10.13 R4-13 (a) Location: Lots 100-102, 104-107, Plan 194 (Wallace Ave. S., Listowel Ward)

(b) Notwithstanding any provisions of this By-law to the contrary, townhouse dwellings will be an additional permitted use on land within the “R4-13” zone as shown on Key Map 32 of Schedule “A” to By-law No. 6-ZB-1999 (also shown on Schedule “A” to By-law No. 59-2012).

(c) The provisions of Section 11.2 of By-law No. 6-ZB-1999 regarding townhouse dwellings, shall apply to the above-noted additional permitted use.

(d)All other applicable provisions of this By-law, as amended, shall apply. ADDED BY BY-LAW NO. 30-2016 10.10.14 R4-14(a) Location: Lots 34 & 35, Plan 185 (Elma St. W., Listowel Ward)

(b) Notwithstanding the provisions of Section 10.1 of this By-law to the contrary, for lands within the “R4-14” zone as shown on Key Map 31 of Schedule “A” to By-law No. 6-ZB-1999 the only permitted uses shall be a fourplex dwelling and a semi-detached dwelling.

(c) Notwithstanding any provisions of this By-law to the contrary, the buildings permitted by clause (b) above shall be subject to the following regulations: (i) Minimum Lot Area 1,600 m2 (ii) Minimum Lot Frontage 30 m (iii) Minimum Front Yard 6.0 m (iv) Minimum Interior Side Yard 1.6 m (v) Minimum Exterior Side Yard 6.0 m (vi) Minimum Rear Yard 2.6 m (vii) Maximum Building Height 10.5 m (viii) Maximum Lot Coverage 45% (ix) Minimum Landscaped Open Space 35% (x) Parking Requirements In accordance with Section 5.18

(d) Notwithstanding any provision of By-law No. 6-ZB-199 to the contrary, the regulations of the By-law apply to the lands within the “R4-14” zone as though the they were a single property with the front lot line along Elma Street West:

(e) All other provisions of By law No. 6-ZB-1999, as amended, shall apply.

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ADDED BY BY-LAW NO. 122-2016 10.10.15 R4-15 (a) Part of Lot 2, RP 152, Listowel Ward (431 Main Street West) (b) Notwithstanding the provisions of Section 10.2 of this By-law to the

contrary, for lands within the “R4-15” zone as shown on Key Map 32 of Schedule “A” to By-law No. 6-ZB-1999 the Minimum Lot Frontage shall be 10 m (33 ft.) and the Minimum Interior Side Yard for the easterly side of Part Lot 1 of Registered Plan 198 shall be 0.09 m (0.3 ft.) and for the westerly side of Part of Lot 2, Registered Plan 152 shall be 1.6 metres (5.5 ft.).

(c) All other provisions of By law No. 6-ZB-1999, as amended, shall apply. ADDED BY BY-LAW NO. 134-2016 10.10.16 R4-16 (a) Part Lots 67 & 68, Plan 187, Listowel Ward (390 Elm Avenue North)

(b) Notwithstanding the provisions of Section 10.2 of this By-law to the contrary, for lands within the “R4-16” zone as shown on Key Map 33 of Schedule “A” to By-law No. 6-ZB-1999 the Minimum Lot Area shall be 880 m2 (9,470 ft2), the Minimum Exterior Side Yard shall be 5.6 m (18 ft.) and the Minimum Rear Yard shall be 1.0 metre (3.2 ft.).

(c) All other provisions of By law No. 6-ZB-1999, as amended, shall apply.

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SECTION 11 - RESIDENTIAL ZONE FIVE (R5) No person shall within any “R5” Zone use any land or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions:

11.1 Permitted Uses, Buildings, and Structures

(a) row or townhouse dwellings; (b) apartment dwellings; (c) Cluster Housing Dwellings; (d) Street-Front Townhouse Dwellings; (e) Stacked Townhouses; (f) one converted dwelling on one lot, containing more than four dwelling units; (g) one boarding or lodging house, containing more than four guest rooms; (h) a home occupation, in accordance with Section 3; (i) a park, in accordance with Section 28; (j) accessory uses, buildings, and structures, in accordance with Sections 3 and 5.

AMENDED BY BY-LAW NO. 1-2017 11.2 Requirements for Row or Townhouse Dwellings and Street Front Townhouse

Dwellings 11.2.1 Lot Area, Minimum 185 m2 (2,000 ft2)/ dwelling unit 11.2.2 Lot Frontage, Minimum 6.0 m (20 ft.) / dwelling unit 11.2.3 Front/Exterior Side Yard, Minimum 6.0 m (20 ft.) 11.2.4 Interior Side Yard, Minimum 3.0 m (10 ft.) 11.2.5 Rear Yard, Minimum 7.5 m (25 ft.) 11.2.6 Building Height, Maximum 10.5 m (35 ft.) 11.2.7 Lot Coverage, Maximum 50% 11.2.8 Landscaped Open Space, Minimum 35% 11.2.9 Planting Strip Requirements

A planting strip shall be required in accordance with the provisions of Section 5.22 where an interior side or rear lot line of a lot being developed for row or townhouse purposes abuts a lot under any of the following circumstances: (a) a lot that is in a Residential Zone, Residential (-h) Holding Zone, or a Future

Development Zone; (b) a lot that is used for residential purposes; (c) a lot that is used for a non-residential purpose and on which no planting strip exists

adjacent to the mutual lot line; and (d) the provisions of this section shall not apply to require a planting strip where the

abutting lot is also used for a row or townhouse dwellings. 11.2.10 Parking Requirements As per Section 5.18.

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ADDED BY BY-LAW NO. 1-2017 11.2A Requirements for One Dwelling Unit of a Street Front Townhouse Dwelling on One

Lot 11.2A.1 Lot Area, Minimum

(a) Interior Lot 300 m2 (3,200 ft2) (b) Corner Lot 400 m2 (4,300 ft2)

11.2A.2 Lot Frontage, Minimum

(a) Interior Lot 10 m (32 ft.) (b) Corner Lot 13 m (43 ft.)

11.2A.3 Front Yard, Minimum 6 m (20 ft.) 11.2A.4 Interior Side Yard, Minimum

(a) Attached Side Lot Line 0 m (b) Non-attached Side Lot Line 3.0 m (10 ft.)

11.2A.5 Exterior Side Yard, Minimum 6 m (20 ft.) 11.2A.6 Rear Yard, Minimum 7.5 m (25 ft.) 11.2A.7 Building Height, Maximum 10.5 m (35 ft.) 11.2A.8 Lot Coverage, Maximum 55% 11.2A.9 Landscaped Open Space, Minimum 30% 11.2A.10 Parking Requirement As per Section 5.18 11.3 Requirements for Apartment Dwellings and Stacked Townhouse Dwellings AMENDED BY BY-LAW NO. 1-2017 11.3.1 Lot Area, Minimum 650 m2 (7,000 ft2) plus 100 m2 (1,080 ft2) / dwelling unit 11.3.2 Lot Frontage, Minimum 24 m (80 ft.) 11.3.3 Front Yard, Minimum 7.5 m (25 ft.) 11.3.4 Interior Side Yard, Minimum 6 m (20 ft.) 11.3.5 Exterior Side Yard, Minimum 7.5 m (25 ft.) 11.3.6 Rear Yard, Minimum 12 m (40 ft.) 11.3.7 Building Height, Maximum 12 m (40 ft.) AMENDED BY BY-LAW No. 2-2009 11.3.8 Lot Coverage, Maximum 40% REMOVED BY BY-LAW No 1-2017 11.3.9 Removed

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11.3.10 Landscaped Open Space 35% 11.3.11 Planting Strip Requirement

A planting strip shall be required in accordance with the provisions of Section 5.22 where an interior side or rear lot line of a lot being developed for apartment dwelling purposes abuts a lot under any of the following circumstances: (a) a lot that is in a Residential Zone, a Residential (-h) Zone, or a Future Development

Zone that is designated “Residential” in the Listowel Ward Official Plan. (b) a lot that is used for residential purposes; (c) a lot that is used for a non-residential purpose and on which no planting strip exists

adjacent to the mutual lot line. 11.3.12 Parking Requirements In accordance with the provisions of Section 5.18. AMENDED BY BY-LAW NO. 1-2017 11.3.13 Building Separation

Where more than one apartment dwelling is built on one lot, the buildings are required to be separated from each other according to the nature of the windows in the building faces. The minimum building separation is as follows; (a) Both faces contain habitable room windows 15 m (b) One face contains habitable room windows 10.5 m (c) Neither face contains habitable room windows 3 m

11.4 Requirements for Converted Dwellings

11.4.1 Number of Dwelling Units

(a) Minimum 5 dwelling units (b) Maximum 7 dwelling units

AMENDED BY BY-LAW NO. 1-2017 11.4.2 Lot Area, Minimum

(a) for a 5-unit dwelling 800 m2 (8,600 ft2) (b) for a 6-unit dwelling 900 m2 (9,700 ft2) (c) for a 7-unit dwelling 1,000 m2 (10,800 ft2)

11.4.3 Lot Frontage, Minimum 27 m (90 ft.) 11.4.4 Front Yard, Minimum 7.5 m (25 ft.) AMENDED BY BY-LAW NO. 1-2017 11.4.5 Interior Side Yard, Minimum 3.5 m (11.5 ft.) on one side and 4.5 m (15 ft.) on

the opposite side 11.4.6 Exterior Side Yard, Minimum 7.5 m (25 ft.) 11.4.7 Rear Yard, Minimum 7.5 m (25 ft.) 11.4.8 Building Height, Maximum 2 m (40 ft.) AMENDED BY BY-LAW No. 2-2009 11.4.9 Lot Coverage, Maximum 40% REMOVED BY BY-LAW No 1-2017 11.4.10 Removed

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11.4.11 Building Additions

Additions to existing dwellings for the purpose of accommodating the conversion of existing dwellings shall be permitted provided that the following provisions are met: (a) the addition shall have a ground floor area of greater than 50 per cent of the ground

floor area and a total floor area of not greater than 50 per cent of the total floor area of the dwelling prior to the conversion; and

(b) any addition that is erected for the purpose of accommodating a conversion must be constructed so as to fit in with the character and design of the existing dwelling.

REMOVED BY BY-LAW No 1-2017 11.4.12 Removed 11.4.13 Landscaped Open Space, Minimum 35% REMOVED BY BY-LAW No 1-2017 11.4.14 Removed

11.4.15 Parking Requirements In accordance with the provisions of Section 5.18 11.5 Requirements for Boarding or Lodging Houses 11.5.1 Number of Rooms for Rent, Minimum 5 AMENDED BY BY-LAW NO. 1-2017 11.5.2 Lot Area, Minimum 800 m2 (8,600 ft2) 11.5.3 Lot Frontage, Minimum 21 m (70 ft.) 11.5.4 Front Yard, Minimum 7.5 m (25 ft.) 11.5.5 Interior Side Yard, Minimum 2.4 m (8 ft.) on one side, 4.5 m (15 ft.) on the opposite side.

11.5.6 Exterior Side Yard, Minimum 7.5 m (25 ft.) 11.5.7 Rear Yard, Minimum 7.5 m (25 ft.) 11.5.8 Building Height, Maximum 12 m (40 ft.) AMENDED BY BY-LAW No. 2-2009 11.5.9 Lot Coverage, Maximum 40% REMOVED BY BY-LAW No 1-2017 11.5.10 Removed 11.5.11 Landscaped Open Space, Minimum 35% 11.5.12 Parking Requirements In accordance with the provisions of Section 5.18.

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AMENDED BY BY-LAW NO. 1-2017 11.5A Requirements for Cluster Housing Dwellings 11.5A.1 Lot Area, Minimum 185 m2 (2,000 ft2)/ dwelling unit 11.5A.2 Lot Frontage, Minimum 20 m (66 ft.) 11.5A.3 Front Yard, Minimum 6 m (20 ft.) 11.5A.4 Interior Side Yard, Minimum 4.5 m (15 ft.) 11.5A.5 Exterior Side Yard, Minimum 6 m (20 ft.) 11.5A.6 Rear Yard, Minimum


11.5A.7 Building Height, Maximum 10.5 m (35 ft.) 11.5A.8 Lot Coverage, Maximum 50% 11.5A.9 Landscaped Open Space, Minimum 35%

11.5A.10 Parking Requirement As per Section 5.18

11.5A.11 Planting Strip Requirements A planting strip shall be required in accordance with the provisions of Section 5.22 where an interior side or rear lot line of a lot being developed for row or townhouse purposes abuts a lot under any of the following circumstances: (a) a lot that is in a Residential Zone, Residential (-h) Holding Zone, or a

Future Development Zone; (b) a lot that is used for residential purposes; (c) a lot that is used for a non-residential purpose and on which no planting

strip exists adjacent to the mutual lot line; and (d) the provisions of this section shall not apply to require a planting strip

where the abutting lot is also used for a row or townhouse dwellings. 11.6 Special Provisions 11.6.1 R5-1 (a) Location: Part of Lots 35 and 36, Concession 1 (formerly Elma Township, Listowel Ward)

(b)Notwithstanding the provisions of Section 3 to the contrary, the lot frontages for the areas within the “R5-1” zone as shown on Key Map 35 of Schedule “A” to this By-law shall be the longer of the lot lines abutting the street, while the shorter of the lot lines abutting the street are deemed to be the exterior side lot line, unless the subject area is developed for freehold townhouses, in which case the provisions of Section 3.102 of this By-law shall apply.

(c) All other applicable provisions of this By-law, as amended, shall apply. AMENDED BY BY-LAW 2-2009 11.6.2 R5-2 (a) Location: Blocks 59, 60, 61 and 62, Registered Plan No. 557 (Listowel Ward)

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(b)Notwithstanding the provisions of Section 11.1 to the contrary, the only permitted uses on the land within the “R5-2” zone as shown on Key Map 31 of Schedule “A” to this By-law shall be semi-detached dwellings (subject to the provisions of Section 8 of this By-law), row or townhouse dwellings (subject to the provisions of Section 11 of this By-law) and accessory uses, buildings and structures.

(c)All other applicable provisions of this By-law, as amended, shall apply. ADDED BY BY-LAW No. 76-ZB-1999 and No. 96-2009 11.6.3 R5-3 (a) Location: Block 11, Reg. Plan 44M-3 (Albert Ave. N., Listowel Ward)

(b)Notwithstanding the provisions of Section 11.1 of By-law No. 6-ZB-1999 to the contrary, the only permitted uses on the land within the “R5-3" zone as shown on Key Map 28 of Schedule "A" to By-law No. 6-ZB-1999 (also shown on Schedule "A" to By-law No. 96-2009) shall be eleven semi-detached dwellings (i.e. twenty-two dwelling units).

(c) The permitted semi-detached dwellings shall be subject to the provisions of Section 8.3 of By-law No. 6-ZB-1999, as amended.

(d)Notwithstanding any provisions of this By-law to the contrary, the minimum lot frontage for the land within the “R5-3" zone shall be 58.26 m (191.15 ft.) and the lot frontage for said lands and permitted dwellings is deemed to be along Albert Ave. N.

(e)Notwithstanding any provisions of By-law No. 6-ZB-1999 to the contrary, the permitted semi-detached dwelling units shall be permitted on lots without frontage on, or direct access to, a public street that is maintained on a year-round basis by the Municipality, provided that such dwellings, and accessory buildings, are located on “parcels of tied land” to a Common Elements Condominium consisting of at least a private road, which is built and maintained to standards acceptable to the Municipality, which connects to a public street.

(f) Notwithstanding any provisions of By-law No. 6-ZB-1999 to the contrary, where the lot does not front onto a public street, the front lot line shall be deemed to be that lot line abutting the private road on the Common Elements Condominium.

(g)All other provisions of By-law No. 6-ZB-1999, as amended, shall apply. ADDED BY BY-LAW No. 122-ZB-2004 11.6.4 R5-4 (a) Location: Part of Lot 42, Concession 1 (Elma Ward)

(b)In addition to the uses permitted by Section 11.1 of By-law No. 6-ZB-1999, semi-detached dwellings will be an additional permitted use on land within the “R5-4” zone as shown on Key Map 40 of Schedule “A” to By-law No. 6-ZB-1999, as amended (also shown on Schedule “A” to By-law No.122-ZB-2004).

(c) The provisions of Section 8.3 regarding a semi-detached dwelling on one lot, and the provisions of Section 8.4 regarding one dwelling unit of a semi-detached dwelling on one lot, shall apply to the above-noted additional permitted use.

(d)All other applicable provisions of this By-law, as amended, shall apply.

ADDED BY BY-LAW No. 71-2006 and AMENDED BY BY-LAW No. 2-2009 11.6.5 R5-5 (a) Location: Part of Park Lot 10, Registered Plan 182 (York Ave. N., in the Listowel Ward)

(b)Notwithstanding the provisions of this By-law to the contrary, a six unit townhouse dwelling located on the land within the “R5-5” zone as shown on Key Map 29 of Schedule “A” to this By-law, may have a minimum lot frontage of 34.75 m (114 ft.), and a minimum rear yard of 4.1 m (16 ft.).

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(c)All other applicable provisions of this By-law, as amended, shall apply. AMENDED BY BY-LAW No. 1-2017 11.6.6 R5-6 (a) Location:

i) Blocks 158 and 159, Reg. Plan 563 (855 Wallace Ave. S., Listowel Ward); ii) Blocks 160 and 161, Registered Plan 563 (Bamford Dr., Listowel Ward); iii) Blocks 187 and 188, Reg. Plan 44M-33 (Forbes Crescent, Listowel Ward)

(b) Notwithstanding the provisions of Section 11 of this By-law to the contrary, semi-detached dwellings are a permitted use within the “R5-6” zone, as shown on Key Map 35 of Schedule “A”.

(c) Permitted semi-detached dwellings shall be subject to the provisions of Section 8.3 or 8.4 of this By-law.

(d) Notwithstanding any provision of this By-law to the contrary, permitted townhouse dwellings may have a minimum rear yard of 7.5 m.

(e) All other provisions of this By-law, as amended, shall apply. ADDED BY BY-LAW No. 2-2008 – OMB approved 11.6.6(B) R5-6(B) (a)Location: Part of Lot 34, Concession 1 (formerly Township of Elma), Listowel Ward

(b)Notwithstanding any provisions of By-law No. 6-ZB-1999 to the contrary, townhouse dwellings located on lots within the “R5-6” zone as shown on Key Maps 34 and 37 of Schedule “A” to By-law No. 6-ZB-1999, as amended shall be subject to the following criteria: (i)Minimum Interior Side Yard 1.5 m (4.92 ft.) (for an end unit of a townhouse) (ii)Minimum Exterior Side Yard 2.7 m (8.86 ft.) (for an end unit of a townhouse) (iii)Maximum Lot Coverage 50 %

(c)Notwithstanding any provisions of By-law No. 6-ZB-1999 to the contrary, the minimum distance between a driveway ramp and an intersection of a street shall be 5.7 m (18.7 ft.).

(d)Notwithstanding any provisions of By-law No. 6-ZB-1999 to the contrary: (i)No dwelling unit shall be erected or used on the lands zoned R5-6 unless

a continuous noise barrier has been erected adjacent to and along the full extent of the western boundary.

(ii)On the westerly facing elevation of each barrier dwelling unit, there shall be no openings, or portions thereof, that are greater in height, as measured from the finished grade level at the base of each westerly facing elevation, than the height of the top of the noise barrier, or portion thereof, located directly opposite the barrier dwelling unit under consideration.

For the purposes of this Section, the following terms shall have the following meanings:

(i)“barrier dwelling units” shall mean any dwelling unit wholly or partly located within 41 m of the western boundary of the lands zoned “R5-6”; (ii)"noise barrier" shall mean an earthen berm, fence with acoustical attenuation qualities (being made of wood, metal or masonry constructed and having a minimum surface density of 20 kg/m2 or equivalent standard), or a combination thereof; (iii)"openings" shall mean windows, doors, skylights, air vents, air intakes or similar openings in a wall; (iv)“western boundary” shall mean the extent of the westerly lot line from the

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northerly limit of the lands that are subject to By-law No. 2-2008 to 42 m south of the southern boundary of the area zoned “R5-6” by By-law No. 2-2008; and (v)“westerly facing elevation” shall mean the exterior building wall(s) or face(s), or portion(s) thereof, where the plane of the building wall or face lies generally within 45 degrees of the bearing of the western boundary of the lands zoned “R5-6” and the planes of any indentations in, protrusions from, or architectural features that form part of such westerly facing elevation, or portion(s) thereof, regardless of orientation to the western boundary.

(e) All other provisions of this By-law, as amended, shall apply. 11.6.7 R5-7 (a) Location: Lots 27 to 30 (inclusive), Registered Plan No. 44M-27 (Listowel Ward)

(b)Notwithstanding the provisions of Section 11 of By-law No. 6-ZB-1999 to the contrary, the only permitted uses on the land in the “R5-7” zone as shown on Key Map 29 of Schedule “A” to By-law No. 6-ZB-1999, as amended (also shown on Schedule “A” to By-law No. 43-2008) shall be either townhouse buildings or one single-detached dwelling, including accessory uses, on each lot.

(c) Notwithstanding any provision of Section 11.2 of By-law No. 6-ZB-1999 to the contrary, for the townhouse building uses as permitted by Clause (b) above, the permitted townhouse buildings shall be limited to a maximum of one storey in building height, shall have a the minimum interior side yard for the exterior units shall be 1.52 m (4.9 ft.), and no planting strip shall be required.

(d) The provisions of Section 10.2 of By-law No. 6-ZB-1999 shall apply to single-detached dwelling uses as permitted by Clause (b) above with the exception that the minimum lot area and minimum lot frontage for a single-detached dwelling on an interior lot shall be 376.9 m2 (4,057.05 ft.2) and 12.19 m (40 ft.), respectively.

(e)All other applicable provisions of this By-law, as amended, shall apply. ADDED BY BY-LAW No. 3-2013 11.6.8 R5-8 (a) Location: Lots 42 to 47, Registered Plan 44M-33 (Hutton St., Listowel Ward)

(b)Notwithstanding the provisions of Section 11 of this By-law to the contrary, two, four unit townhouse dwellings may be constructed on the land located in the “R5-8” zone as shown on Key Map 35 of Schedule “A” to this By-law (also shown on Schedule “A” to By-law No. 3-2013).

(c) The above-noted permitted townhouse dwellings shall be permitted to have: i) no interior side yard (0 m) between the interior units of the townhouse

dwellings; ii) a reduced interior side yard of 2.44 m (8 ft.) between the two townhouse

blocks; iii) an increased lot coverage for the interior units (#2 and #3, and #6 and #7) of

the two townhouse blocks from 50 % to 55%; iv) a reduced rear yard of 6.39 m (20.96 ft.) to allow for decks attached to the

dwellings; and a reduced exterior side yard of 4.88 m (16.01 ft.) along Wellington Ave. S. and Anger St.

(d) All other applicable provisions of this By-law, as amended, shall apply. ADDED BY BY-LAW No. 26-2014 11.6.9 R5-9 (a)Location:Park Lot 7 of Reg. Plan No. 159 (Elizabeth St. W., Listowel Ward)

(b) Notwithstanding any provision of the By-law to the contrary, for lands located in the “R5-9” zone as shown on Key Map 31 of Schedule “A” to By-law No. 6-ZB-

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1999 (also shown as Schedule “A” to By-law No. 26-2014) the minimum lot frontage shall be 20 m, the minimum rear yard setback shall be 6.4 m and the required parking spaces are not required to be independently accessible.

ADDED BY BY-LAW No. 62-2014 11.6.10 R5-10 (a)Location: Blocks 158 and 164, Plan 563 and Part of Wellington Avenue South

(Wallace Avenue South, Listowel Ward) (b)Notwithstanding any provision of the By-law to the contrary, for lands located in

the “R5-10” zone as shown on Key Map 35 of Schedule “A” to By-law No. 6-ZB-1999 (also shown as Schedule “A” to By-law No. 62-2014) apartment dwellings are not a permitted use, the minimum rear yard setback is 7.5 m, the maximum lot coverage is 55 percent, the minimum landscaped open space is 30 percent, no minimum side yard setback is required along lot boundaries separating dwelling units within the same building, and the required parking spaces for individual dwelling units can each have direct access from a street and are not required to be independently accessible.

ADDED BY BY-LAW No. 60-2014 11.6.11 R5-11 (a)Location: Block 26, Registered Plan No. 565 (Fisher Avenue, Elma Ward)

(b)Notwithstanding any provision of the By-law to the contrary, for lands located in the “R5-11” zone as shown on Key Map 44 of Schedule “A” to By-law No. 6-ZB-1999 (also shown as Schedule “A” to By-law No. 60-2014) semi-detached dwellings are a permitted use, no minimum side yard setback is required along lot boundaries separating dwelling units within the same building, and the required parking spaces for individual dwelling units can each have direct access from a street and are not required to be independently accessible.

ADDED BY BY-LAW No. 109-2014 11.6.12 R5-12(a) Lots 1-5, Plan 44M-46 (Albert Street North) Listowel Ward (b)Notwithstanding any provision of the By-law to the contrary, for lands located in

the “R5-12” zone as shown on Key Map 28 of Schedule “A” to By-law No. 6-ZB-1999 (also shown as Schedule “A” to By-law No. 109-2014) the requirements of Section 11.2 apply as though the lands were a single property with the front lot line along Albert Street, the minimum rear yard setback for main buildings is 8.5 m, the minimum rear yard setback for decks not more than 1.2 m above the finished grade is 5.0 m, and the required parking spaces for individual dwelling units can each have direct access from a street and are not required to be independently accessible.

ADDED BY BY-LAW No. 71-2015 11.6.13 R5-13(a) Location: Lots 15-18, Reg. Plan 44M-33 (Anger St. E. and Reserve Ave. S.,

Listowel Ward) (b)Notwithstanding any provision of the By-law to the contrary, for lands located in

the “R5-13” zone as shown on Key Map 35 of Schedule “A” to By-law No. 6-ZB-1999 (also shown as Schedule “A” to By-law No. 71-2017) the minimum interior side yard is 2.0 m, the minimum exterior side yard is 4.8 m, the minimum rear yard is 8.0 m, no minimum side yard is required along lot boundaries separating dwelling units within the same building, and the required parking spaces for individual dwelling units can each have direct access from a street and are not required to be independently accessible.

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ADDED BY BY-LAW No. 2-2017 11.6.14 R5-14 (a) Location: Lots 147, 148 and Part of Dover Street (closed) of RP 183, Lots 160

& 161 of RP 194, Part of Lots 33, 34, & 35, Concession 1, Geographic Township of Elma (615 Salisbury Avenue South, Listowel Ward)

(b) Notwithstanding any provision of the By-law to the contrary, the lot frontages for lands located in the “R5-14” zone as shown on Key Maps 34 and 35 of Schedule “A” to By-law No. 6-ZB-1999 (also shown as Schedule “A” to By-law No. 02-2017) shall be the longer of the lot lines abutting the street, while the shorter of the lot lines abutting the street are deemed to be the exterior side lot line, unless the subject area is developed for freehold townhouses, in which case the provisions of Section 3.101 of this By-law shall apply.

(c) All other provisions of this By-law, as amended, shall apply.

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SECTION 5 - GENERAL PROVISIONS The provisions contained in this Section shall apply to all zones except as otherwise indicated in the zone provisions. AMENDED BY BY-LAW No. 1-2017 5.1 Accessory Uses, Buildings and Structures 5.1.1 Use

Where this By-law permits a use of land, buildings or structures, such use shall include any accessory use, building or structure; but shall not include: (a) any occupation or business conducted within a dwelling except where specifically

permitted by this By-law; and (b) any building or structure used for human habitation except for Second Dwelling

Units, or where specifically permitted by this By-law. 5.1.2 Time of Establishment

No accessory use, building or structure shall be established until the main use to which it is accessory has been established.

5.1.3 Location and Size Accessory buildings and structures shall:

(a) not be located within a front yard or exterior side yard; (b) not be located closer to any street line than the yard required for the main

building; (c) comply with the interior side yard and rear yard provisions of the zone, except:

(i) in a Residential Zone or in a Commercial Zone with an existing residential use as the main use, accessory buildings and/or structures shall be no closer than 1.2 m (3.9 ft.) to an interior side lot line or rear lot line;

(ii) in an Agricultural Zone on a lot area less than 1 hectare, accessory buildings or structures (not including livestock facilities) shall be no closer than 3 m (10 ft.) to an interior side lot line or rear lot line;

(d) not exceed 4.5 m (15 ft.) in height except where accessory to agricultural, agriculturally related, or industrial uses.

(e) not occupy more than 10% of the lot area. Unenclosed swimming pools are excluded from this requirement.

(f) Not be structurally attached to the main building in any way, except for unenclosed decks and/or steps. Accessory buildings and structures shall be located a distance of not less than 1 m (3.3 ft.) from the main building.

5.1.4 Second Dwelling Units within Main Buildings

Second dwelling units are permitted within any detached dwelling, semi-detached dwelling unit, or row or townhouse dwelling unit, on an individual lot; or within any building accessory to such a dwelling unit and on the same lot as the dwelling unit, subject to the regulations of the particular zone in which it is located, and provided that: (a) no more than one second dwelling unit associated with any primary dwelling unit; (b) unless it is within the Agricultural Zone, the primary dwelling unit is the only

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dwelling unit on the lot (including temporary dwellings); (c) the total floor area of the second dwelling unit is less than that of the primary

dwelling unit and does not exceed 125 m2 (1,345 ft²); (d) the building exterior of any second dwelling unit within a main building is not

significantly different or distinct from the rest of the structure; (e) the primary dwelling unit is not located within hazardous lands (e.g. within areas

subject to flood or erosion hazards or hazardous sites); (f) that the parking requirements of Section 5.18 are met; (g) the applicable minimum lot area requirement is met; and (h) it does not contain a home occupation.

5.1.5 Second Dwelling Units within Accessory Buildings

Second dwelling units located within an accessory building must meet the following regulations: (a) unless it is within an Agricultural Zone, the building must have been lawfully

constructed in its current form at least 5 years prior to the establishment of the second dwelling unit;

(b) if located with a new building, it must meet the location and size requirements of Section 5.1.3;

(c) where the accessory building does not meet the yard requirements applicable to the main building, planting strips in accordance with Section 5.22 are required;

(d) the total floor area of the second dwelling unit is less than that of the primary dwelling unit and does not exceed 125 m2 (1,345 ft²);

(e) the expansion of an accessory building containing a second dwelling is only permitted for agricultural uses;

(f) the second dwelling unit must be within 45 m (148 ft.) of the primary dwelling unit; and

(g) the second dwelling unit must meet MDS 1 requirements or be no closer to the neighbouring livestock facility than the primary dwelling unit

5.2 Application of Other By-laws, Requirements, and Regulations Nothing in this By-law shall operate or cause to relieve any person from the obligation to obtain any license, permit, authority or approval lawfully required by a government authority having the jurisdiction to make such requirements and/or regulations. This By-law shall not be effective to reduce or mitigate any regulations lawfully imposed by a government authority having the jurisdiction to make such requirements and/or regulations. ADDED BY BY-LAW No. 1-2017 5.2A Bed and Breakfast Establishments Where bed and breakfast establishments are listed as a permitted use, new bed and breakfast establishments are limited to a maximum of three (3) guest rooms, and must:

(a) be clearly secondary to the main use of the dwelling for residential purposes; (b) be operated only by persons residing in the dwelling; (c) not change the external appearance of the dwelling other than by the installation

of a single sign no greater than 1.0 m2 (9.3 ft2) in area, that is located a minimum of 1.0 m (3.1 ft.) from any property line and outside of any daylight triangle; and

(d) have associated parking provided in accordance with Section 5.18.

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5.3 Conflicting Regulations Where the application of the provisions of this By-law results in a conflict between the provisions and/or requirements of this By-law, or any other By-law of the Municipality, the most restrictive provision and/or requirement shall apply. 5.4 Drainage Suitable measures for surface and sub-surface drainage shall be required in respect to the use of all land and the use and/or erection of all buildings and structures. REMOVED BY BY-LAW No. 1-2017 5.5 Removed 5.6 Existing Permitted Buildings and Uses Where an existing building or structure or use is permitted in a zone, such building or structure or use may be enlarged, extended, repaired, renovated or reconstructed provided all applicable provisions of this By-law are complied with. 5.7 Exterior Lighting The type, location, height, intensity, and direction of exterior lighting on a lot shall be designed so as to ensure illumination does not glare onto adjacent properties or onto an adjacent street. ADDED BY BY-LAW No. 1-2017 5.7A Home Occupations Where home occupations are listed as a permitted use, new home occupations are limited to one per dwelling unit and must:

(a) be accessory to the residential use of the dwelling unit; (b) not have any non-resident employees; (c) be limited to a single sign no greater than 1.0 m2 (9.3 ft2) in area; (d) not require external alterations to the dwelling unit; (e) not include the external display or storage of goods, materials, wares, or

merchandise; (f) occupy no more than 25 m2 (269 ft2) of floor area or 25% of the gross floor area

of the dwelling (excluding any attached garage), whichever is lesser; and (g) have associated parking provided in accordance with Section 5.18.

5.8 Lots to Front on a Public Road No lot shall be created and no person shall erect a building or structure and no person shall use any land, building or structure unless the lot abuts or fronts on a public road of satisfactory construction and maintenance to permit the reasonable and safe passage of motor vehicles. A building or structure may be erected on a lot in a registered plan of subdivision or on a lot created by consent, in accordance with a Subdivision Agreement in respect of the subdivision or consent, notwithstanding that the road has not been assumed by the municipality; 5.9 Loading Space Requirements Where a building or structure is erected or used for a commercial or industrial use involving

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the receiving, shipping, loading, or unloading of goods, wares, merchandise, raw materials, or animals, the owner and/or occupant of the building or structure shall provide and maintain on the same lot on which such building or structure is located, and not on a street or lane, loading spaces and/or unloading spaces in accordance with the following requirements: 5.9.1 Number of Loading Spaces

The minimum number of loading spaces required shall be in accordance with the following provisions:

Gross Floor Area Number of Spaces (i) less than 185 m2 0 (ii) 185 m2 to 3,700 m2 1 (iii) 3,701 m2 to 9,300 m2 2

Plus 1 for each additional 9,300 m2 of gross floor area or fraction thereof.

5.9.2 Loading Space Location

The loading space or spaces required by this By-law shall be located in the interior side yard or rear yard of the lot.

5.9.3 Loading Space Size

Every loading space required by this By-law shall have a minimum length of 9 m (30 ft.), a minimum width of 3.5 m (12 ft.), and a minimum vertical clearance of 4.25 m (14 ft.).

5.9.4 Loading Space Access

Access to a loading space shall be by means of an unobstructed driveway at least 6 m (20 ft.) in width situated entirely on the lot upon which the loading spaces are located leading to a street or lane.

5.9.5 Loading Space Surface

The driveways and loading spaces required by this By-law shall be maintained with a stable surface so as to prevent the raising of dust or loose particles. The driveways and loading spaces shall, prior to being used, be constructed of crushed stone, slag, gravel, crushed brick or tile, paving stone or brick, asphalt, concrete, or cinders having a Portland cement binder, and shall have adequate drainage facilities.

5.9.6 Existing Buildings and Additions

The loading space provisions contained in Section 5.9.1 shall not apply to any building that lawfully existed prior to the date of adoption of this By-law so long as the gross floor area has not been increased. If an addition is made to a lawfully existing building which has the effect of increasing the gross floor area after the date of adoption of this By-law, the regulations of Section 5.9 shall apply in respect to the area of such addition.

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5.10 Mobile Homes Prohibited Subject to the matters contained in Section 46(2) of the Planning Act, it shall be prohibited to locate or use a mobile home in any zone for any purpose, including for residential, commercial, industrial, or institutional use, whether temporarily or permanently, unless the use of a mobile home is specifically permitted by other provisions of this By-law.. 5.11 Multiple Uses Notwithstanding any other provisions of this By-law, where the use of any land, building, or structure is composed of two or more uses which are classified as having separate and distinct zone provisions under this By-law, none of these uses shall be considered as being accessory to one another and therefore the provisions governing each use shall be applied to each use as if each use existed independently. 5.12 Non-Conforming Uses, Buildings, and Structures 5.12.1 Existing Uses, Buildings, and Structures

Nothing in this By-law shall prevent the continued use or continued existence of a legal non-conforming use, building or structure, subject to the other provisions of Section 5.12.

REMOVED BY BY-LAW No. 1-2017 5.12.2 Removed 5.12.3 Replacement of Non-Conforming Uses, Buildings, and Structures

Where a lawfully existing building or structure is used for a purpose not permitted in the zone in which such building or structure is located and such building or structure is partially or totally destroyed by fire or similar natural cause or peril, such building or structure may be replaced or repaired and the non-conforming use re-established provided that the following conditions are met: (a) the owner must make application to the Corporation for a building permit to

replace the building or structure within one (1) year of the date on which the partial or total destruction occurred;

(b) the replacement or repair of the building or structure must be completed within one (1) year of the date on the building permit for such replacement or repair issued by the Corporation;

(c) the replacement or repair of the building or structure occurs at approximately the same location on the lot. In no case shall any encroachment into a required yard, other than that which existed on the date of passing of this By-law, be permitted. For the purpose of determining required yards, the most restrictive yard provision for that zone shall apply;

(d) the replacement or repair does not increase the height, size, or volume of the building or structure as it existed prior to the partial or total destruction; and

(e) the use of the building or structure is not changed and continues in the same manner as existed previously.

5.12.4 Building Repairs

Nothing in this By-law shall apply to prevent the strengthening or restoring to a safe condition of any building or structure which is used for a purpose permitted in the

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zone in which such building or structure is located provided that the following provisions are met: (a) the strengthening or repairing does not increase the gross floor area, height, or

lot coverage of the building or structure; and (b) the use of the building or structure is not changed and continues in the same

manner as previously existed. AMENDED BY BY-LAW No. 1-2017 5.12.5 Livestock Facilities

The repair or replacement of livestock facilities shall be permitted provided it does not increase the amount of floor area used for housing livestock. Any change in livestock type must not increase the relative amount of livestock (‘nutrient units’ as defined by MDS II) relative to the odour potential of the type of livestock (‘Factor A’ as defined by MDS II). The maximum number of livestock can be determined using the following formula: Maximum # of Nutrient Units Factor A of Existing Type of Livestock Existing # of Nutrient Units = Factor A of Proposed Type of Livestock

AMENDED BY BY-LAW Nos. 108-ZB-2002 and 2-2009 5.13 January 1, 1988 Notwithstanding any provisions of this By-law to the contrary, where a lot, building or structure existed prior to January 1, 1988 (or where a valid building permit for a building or structure was issued prior to January 1, 1988) and where that lot, building or structure is used for a purpose permitted in the zone in which it is located, and where that lot, building or structure does not conform to one or more of the applicable provisions of this By-law the existing lot, building or structure shall be recognized as being permitted under the provisions of this By-law. AMENDED BY BY-LAW No. 1-2017 5.14 Non-Complying Uses, Buildings and Structures Where a use, building or structure was lawfully established prior to the date of passing of this By-law, and where such use, building or structure is permitted by the zone in which such use, building or structure is located, but where such use, building or structure does not meet the zone provisions with respect to required lot area, frontage, yards, parking, or any other provision applicable to that zone, such use, building or structure shall be deemed to comply with the By-law and may be enlarged, extended, reconstructed, repaired or renovated provided that:

(a) the enlargement, extension, reconstruction, repair or renovation does not further reduce the compliance of the use, building or structure with the provisions of this By-law to which such use, building or structure does not comply (i.e. such expansions do not need to meet a zone provision that isn’t met by the buildings or structures that are deemed to comply by this Section). Where such enlargement, extension, reconstruction, repair or renovation involves a livestock facility and where the livestock/poultry involves a change in Factor “A” for livestock type in Table 1 of MDS II, the nutrient unit change shall be determined as illustrated of Section 5.12.5 on this By-law;

(b) all other applicable provisions of this By-law are complied with; (c) where a non-complying building or structure is removed or destroyed, such building

or structure may be reconstructed in a different location on the lot than the original

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building or structure, provided that the new location complies with (a) and (b) above, and provided such reconstruction occurs within one (1) year of the date of destruction of the original building; and

(d) in the case of a rezoning or severance, the provisions of Section 5.14 shall continue to apply such that the said use, building or structure shall be deemed to comply with any applicable provisions of this By-law resulting from such rezoning or severance, except that this provision shall not exempt a new use from complying with all applicable requirements of this By-law (such as number of parking spaces) related to such new use, other than those provisions recognized by Section 5.14.

AMENDED BY BY-LAW No. 102-ZB-2001 5.15 Occupancy of Completed Buildings Notwithstanding any provisions contained in this By-law to the contrary, no person shall occupy any building or structure unless the Chief Building Official has issued an occupancy permit in accordance with the Ontario Building Code. AMENDED BY BY-LAW No. 108-ZB-2002 5.16 One Dwelling on One Lot Not more than one (1) dwelling unit shall be permitted on a lot, except as permitted specifically by other provisions of this By-law. Two or more dwellings shall be permitted on one lot in cases where one lot (containing a dwelling(s)) legally merges with an adjoining lot, containing a dwelling(s), to form one larger lot containing two or more dwellings. ADDED BY BY-LAW No. 102-ZB-2001 5.16.1 An additional dwelling unit may be permitted to provide temporary accommodation

during the construction/ renovation of the (new) principal dwelling (e.g. the original dwelling may remain on the property until the new replacement dwelling is constructed.). No additional dwelling unit shall be permitted until the landowner has signed an affidavit covering such matters as the removal/demolition of one of the dwelling units, as well as a deposit with the Municipality of North Perth, which deposit shall be returned when the demolition of the existing dwelling/or when the renovation of the existing dwelling is completed.

AMENDED BY BY-LAW No. 2-2009 5.17 Obstructions on Corner Lots (Sight Triangle) No building or structure shall be permitted on that portion of a corner lot which is within a sight triangle as defined in Section 3 of this By-law where a distance of 9 m (29.53 ft.) measured along the lot lines abutting the street lines is used for the purpose of determining the location of the sight triangle, except as specifically stated otherwise in this By-law. 5.18 Parking Area and Space Requirements The owner of every building or structure erected or used for a purpose permitted by this By-law shall provide and maintain for the sole use of the owner, occupant, or other persons entering upon or making use of said premises from time to time parking areas and spaces in accordance with the following provisions:

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AMENDED BY BY-LAW No. 1-2017 5.18.1 Number of Parking Spaces The minimum number of parking spaces required for the uses and purposes hereinafter set forth is as follows (note that area figures refer to the total gross floor area of the use):

Type of Use Minimum Number of Spaces Automobile repair/service establishment 4 plus 1 per repair bay Bank or Financial Institution 1 per 20 m2 Bed and Breakfast Establishment 2 per dwelling unit plus 1 per room for rent Commercial Greenhouse 1 per 55 m2 Commercial Recreational Uses 1 per 20 m2 Day Nursery 1 per 30 m2 Department Store 1 per 30 m2 Dry Cleaning Establishment 1 per 30 m2 Dwellings Accessory 1 per dwelling unit Apartment 1.5 per dwelling unit Boarding or Lodging House 1 plus 1 per room for rent Converted 1.5 per dwelling unit Duplex 2 per dwelling unit Fourplex 1.5 per dwelling unit Group Home 2 per dwelling unit Long-Term Care Homes 1 per 3 beds Second Dwelling Unit 1 per dwelling unit Semi-detached 2 per dwelling unit Semi-detached Link 2 per dwelling unit Single-detached 2 per dwelling unit Townhouse 1.5 per dwelling unit Triplex 1.5 per dwelling unit Farm equipment/implement 1 per 30 m2 Funeral Home 4 plus 1 per 4 persons of designed capacity Hotel 1.25 per room for rent Industrial Establishment 1 per 100 m2 Laboratory or Research Facility 1 per 20 m2 Laundromat 1 per 30 m2 Livestock auction 1 per 55 m2 Medical Clinic 5 per practitioner Motel 1.25 per room for rent Museum 1 per 30 m2 Offices 1 per 20 m2 Personal Service Shop 1 per 30 m2 Place of Assembly (Assembly Hall, Church, Arena, Theatre, etc.)

1 per 5 persons of designed capacity

Rental Shop 1 per 30 m2 Restaurant, Outdoor Patio Area 1 per 20 m2 Restaurant, Take-out 1 per 4 persons of designed capacity Restaurant, Eat-in 1 per 20 m2 Retail Store 1 per 30 m2 School, Elementary The greater of 1.5 per classroom or 1 per 2.7 m2

of assembly area (e.g. gymnasium, auditorium) School, Secondary or Commercial The greater of 5 per classroom or 1 per 2.7 m2 of

assembly area (e.g. gymnasium, auditorium) Sports Field The greater of 1 per 5 seats (or 3 m of bench), or

1 per 230 m2 of playing field Studio (art, dance, music, photo) 1 per 30 m2 Supermarket 1 per 10 m2 Taxi Establishment 1 plus 1 per vehicle stored on site Veterinarian Clinic 5 per practitioner Warehouse (including mini-storage) 1 per 100 m2 Wholesale Establishment 1 per 55 m2

For any land use not listed above, the requirement is 1 per 37m2. Where the calculated parking space requirement is not a whole number, the number shall be rounded-up to the

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next whole number. AMENDED BY BY-LAW No. 1-2017 5.18.2 Ingress and Egress

Access to parking spaces required by this By-law must be provided by an unobstructed driveway with a width between 3.0 m and 9.1 m. Notwithstanding this requirement, industrial and commercial uses may have driveways up to 14 m wide.

Each lot may have one driveway, with the maximum number of driveways based on the total length of lot lines bordering a public road.

< 20 m - one driveway maximum 20 - 40 m - two driveways maximum > 40 m - two driveways plus one for every additional 30 m

5.18.3 Driveway Location

(a) the minimum distance between driveway ramps where access to a lot is by means of more than 1 driveway shall be 7.5 m (25 ft.); and

(b) the minimum distance between a driveway ramp and an intersection of street lines shall be 9.1 m (30 ft.) measured along the street line.

AMENDED BY BY-LAW No. 1-2017 5.18.4 Parking Area Location

(a) All required parking spaces shall be provided on the same lot as the associated use, except for the following: (i) parking associated with non-residential uses may be located on an adjacent

lot where there is an acceptable parking agreement between owners provided no parking space is further than 150 m (490 ft.) from the lot containing the use; and

(ii) payment for parking spaces is provided through the “cash-in-lieu” of parking by-law.

(b) Uncovered surface parking areas are permitted in any yard, provided that no part of any parking area, other than the driveway, is located closer than 1 m to any lot line or within a daylight triangle as described in Section 5.17.

(c) Notwithstanding Section 5.18.4(b), a 1 m setback is not required for connected non-residential parking areas

5.18.5 Parking Space Access All required parking spaces, except those required for single-detached dwelling, semi-detached dwellings, duplex dwellings, street front townhouse dwellings, and converted dwellings (to a maximum of two dwellings) must be independently accessible and arranged such that vehicles are not required to reverse onto a public road. Tandem parking spaces are only counted towards the required number of parking spaces where both spaces serve the same dwelling unit. Accessible parking spaces are not required for buildings containing four or fewer dwelling units.

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5.18.6 Parking Area Surface Each parking area and driveway connecting the parking area with the street shall be maintained with a stable surface so as to prevent the raising of dust or loose particles. The parking area and driveway shall, prior to being used, be constructed of crushed stone, slag, gravel, crushed brick or tile, paving stone, asphalt, concrete, or cinders having a Portland cement binder.

5.18.7 Parking Area Drainage

All parking areas and driveways shall be graded and drained so as to ensure that surface water will not escape to neighbouring lands as a result of the construction or use of such parking areas and driveways.

AMENDED BY BY-LAW No. 1-2017 5.18.8 Parking Space Size

Parking spaces required by this By-law shall have a minimum width of 2.7 m (9 ft.), a minimum length of 5.5 m (18 ft.), and a minimum height of 2.4 m (8 ft.).

5.18.9 Multiple Use of Buildings

Where a building or structure accommodates more than one type of use as set out in Section 5.18.1 above, the number of parking spaces required for the whole building shall be the sum of the number of parking spaces required for the separate parts of the building as occupied by the separate uses.

Where common space within a building serves more than one type of use as set out in Section 5.18.1 above, such common space shall be assessed against one use only and that use shall be the one with the more restrictive parking requirement.

5.18.10 Multiple Use of Parking Areas

Where two or more uses utilize the same parking area during the same or overlapping time period, the number of parking spaces required by this By-law shall be the sum of the parking spaces required for each use.

Where two or more uses utilize the same parking area and the periods of use for each of the uses do not occur at the same time, the parking requirements for the use requiring the greatest number of spaces shall apply.

5.18.11 Existing Buildings

The parking space provisions contained in Section 5.18.1 above shall not apply to any building that lawfully existed at the date of adoption of this By-law so long as the following provisions are met: (a) the building continues to be used for the use that existed in the building on the

day this By-law was adopted or the use has changed to one which has the same or lesser parking requirements as the use that existed on the day this By-law was adopted;

(b) the floor area of the building has not been increased since the date of adoption of this By-law so as to require additional parking spaces; and

(c) all parking spaces that existed at the date of adoption of this By-law are retained.

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5.18.12 Additions to Existing Buildings

Where an addition is made to a building that lawfully existed at the date of adoption of this By-law, additional parking spaces equal to the number required for the addition as determined by the application of the provisions of Section 5.18.1 of this By-law shall be provided.

5.18.13 Changes/Intensification of Use

Where a change of use is made to a building lawfully existing at the date of adoption of this By-law and where the new use requires a greater number of parking spaces than did the previously existing use, additional parking spaces equal to the difference in the number of spaces required for the new use and the previously existing use shall be provided.

5.18.14 Cash-in-Lieu of Parking Spaces

Where the municipality has passed a by-law permitting the payment of cash-in-lieu for some, or all, of the required parking spaces, such money paid in compliance with the cash-in-lieu by-law shall constitute the provision of parking spaces for the number of parking spaces covered by such payment. Required parking spaces not covered by a cash-in-lieu payment shall be provided in compliance with this By-law.

AMENDED BY BY-LAW No. 1-2017 5.18.15 Accessible Parking

There are two types of accessible parking spaces, each of which have a minimum length of 5.5 m and a maximum slope of 1:50:

Type A 3.4 m wide with signage identifying the space as “van accessible”. Type B 2.7 m wide.

The following table describes how the minimum number of accessible spaces is to be calculated. Please note that calculated figures for the total number of required accessible spaces are to be rounded up to the nearest whole number, and that the requirements do not apply to residential buildings with fewer than five dwelling units and townhouse dwellings.

Total Parking Spaces Provided

Total Required Accessible Spaces

25 or fewer 1 26 – 50 2 51 – 75 3 76 – 100 4 101 – 200 1 + 3% of Total Spaces 201 – 1000 2 + 2% of Total Spaces More than 1000 11 + 1% of Total Spaces

In circumstances where only one accessible space is required, that space must be provided as a Type A space. For all other circumstances, the minimum required number of Type A spaces is 50% of the total accessible space requirement, rounded

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down to the nearest whole number. All other required accessible parking spaces may be provided as either Type A or Type B. Each accessible parking space provided must be adjacent to a pedestrian access aisle, although one aisle may be shared by two spaces. Pedestrian access aisles must:

(a) Be a minimum of 1.5 m wide; (b) Extend the full length of the parking space; and (c) Be marked with high tonal contrast diagonal lines.

Signage for the accessible spaces must be consistent with Section 11 of Highway Traffic Act Regulation 581.

AMENDED BY BY-LAW No. 1-2017 5.19 Parking of Commercial Vehicles in Residential Zones In any Residential Zone, one commercial vehicle or trailer (excluding those for transporting livestock) not exceeding 8 m (26 ft.) in length, may be parked on the same lot as a dwelling unit. Commercial vehicles parked in a Residential Zone must not obstruct any sight triangle as described in Section 5.17. 5.20 Parking of Motor Homes/Travel Trailers/Boats in Residential Zones The parking of motor Homes/travel Trailers/boats as an accessory use to a residential use in any residential zone is prohibited unless the following conditions are met:

(a) Not more than one motor home, travel trailer or boat is parked or stored on the lot at any time; and

(b) Such motor home, travel trailer or boat is not parked or stored in a front or exterior side yard or within 1.5 m of an adjacent lot unless it is within a garage, carport or driveway.

5.21 Permitted Encroachments Into Required Yards Every part of any yard required to be provided in any zone under the provisions of this By-law shall be kept open and unobstructed by any building, structure, or thing from the ground to the sky except as follows: 5.21.1 Ornamental Structures

Sills, belt courses, cornices, eaves, gutters, chimneys, parapets, bay windows, pilasters, pillars or other ornamental structures may project into any required yard a distance of not more than 0.6 m (2 ft.).

AMENDED BY BY-LAW No. 1-2017 5.21.2 Unenclosed Porches, Steps, Decks, and Patios

Steps, decks, patios, and balconies may project into any required front, rear or exterior side yard in accordance with the following: (a) Such structures with a floor level of 0.6 m (2 ft.) or lower may encroach 3.0 m (10

ft.); and (b) Such structures with a floor level between 0.6 m (2 ft.) and 1.2 m (4 ft.) or lower

may encroach 1.5 m (5 ft.); (c) Encroaching structures must still be a minimum of 0.6 m (2 ft.) from the lot line.

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5.21.3 Accessory Structures Accessory structures such as drop awnings, flag poles, basketball poles, light standards, garden trellises, fences, retaining walls, and other similar accessory structures shall be permitted in any required yard. Clothes line poles and clothes trees shall be permitted in interior side and rear yards only.

5.21.4 Fire Escapes

Unenclosed fire escapes may project into required side or rear yard a distance of not more than 0.6 m (2 ft.).

5.21.5 Signs

Signs may be erected in accordance with the provisions of any sign by-law passed by the Corporation. Notwithstanding this, the home occupation provisions relating to signs as set out in By-law must be met.

5.21.6 Gate Houses

A gate house shall be permitted in any required front, side, or rear yard provided that such gate house is located at a distance of not less than 0.6 m (2 ft.) to any lot line.

5.21.7 Obstructions on Corner Lots

On a corner lot no obstruction between a height of 0.6 m (2 ft.) and 3 m (10 ft.) above the grade of the centre line of the street or streets abutting a daylight or sight triangle shall be permitted to impede or obscure the vision of the operator of a motor vehicle traveling on the abutting street(s).

5.21.8 Projecting Walls

An exterior wall of a dwelling which projects beyond the foundation wall (such as a wall over a cantilevered floor) may project into any required front or rear yard a distance of not more than 0.6 m (2 ft.) provided that the building complies with the sight triangle requirements on corner lots. For projecting walls, the permitted encroachments for ornamental structures under Section 5.21.1 may be measured from the projecting wall.

5.21.9 Exception to Front Yard and Exterior Side Yard Requirements

Notwithstanding the yard and setback provisions of this By-law to the contrary, a building may be erected closer to the front or exterior side lot line than permitted by the zone provision provided that the building is not erected closer to the front or exterior side lot line than the established average setback of the main buildings on abutting lots along the same street on the date of passing of this By-law, and provided that on corner lots the building complies with the site triangle requirements.

AMENDED BY BY-LAW No. 2-2009 5.21.10 Ontarians with Disabilities Act

Notwithstanding the yard and setback provisions of this By-law to the contrary, wheelchair ramps, or other apparatus for physically challenged people, as per “The Ontarians with Disabilities Act” may be erected within the required front, rear, interior or exterior side yard, provided that on corner lots these types of structures comply with the sight triangle requirements.

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AMENDED BY BY-LAW No. 1-2017 5.21.11 Air Conditioning/Ventilation Devices Air conditioning/ventilation devices shall be permitted:

(a) in the interior side yard but no closer than the minimum side yard requirement for the zone classification in which such device is located. In the case of the R1, R2, R3, R4, and HVR zones no closer than 1.2 m from the interior lot line unless the air conditioning/ventilation device is elevated at least 0.3 m above the average finished grade and in such case shall be permitted 0.5 m from the interior lot line;

(b) in the rear yard but no closer than 5.0 m from the rear lot line; (c) in the exterior side yard but no closer than 5.0 m from the street line provided

that such device is screened from view of the abutting road by fencing and/or landscaping.

5.22 Planting Strip Requirements Required planting strip(s) shall be established in accordance with the following provisions: 5.22.1 Location

A required planting strip shall be located in proximity to the lot line or portion thereof, on which such planting strip is required. A planting strip may be located in any yard except as provided below: (a) no planting strip shall be located in a daylight or sight triangle; (b) no planting strip shall be located between the street line and the building line on

the lot in such a manner as to impede or obscure the vision of the operator of a motor vehicle traveling on an adjacent street; and

(c) where a planting strip is located in a required yard, there must be an adequate space remaining between the inside edge of the planting strip and the nearest building and/or structure on the lot so as to permit for the proper maintenance of the planting strip and the building and/or structure. For the purpose of this Section, a space measuring 1.2 m (4 ft.) in width shall be considered to be “adequate space”.

5.22.2 Height

The minimum height of trees and shrubs in a planting strip at the time of planting shall be 1 m (3.5 ft.) and they must be of such a species or type so as to achieve a minimum height of 2 m (6.5 ft.) at maturity.

5.22.3 Width A required planting strip shall have a minimum width of 1.5 m (5 ft.). 5.22.4 Driveways and Walkways

In all cases where ingress and egress driveways and walkways extend through a planting strip, it shall be permissible to interrupt the planting strip within 3 m (10 ft.) of the edge of such driveway or within 1.5 m (5 ft.) of the edge of such walkway.

5.22.5 Fencing

In circumstance where a planting strip is not feasible, a solid fence may be provided

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as an alternative to a planting strip. Such a fence or wall must have a minimum height of 2 m (6.5 ft.). The remaining portion of the planting strip width which is not used for the physical location of the fence shall be maintained as landscaped open space.

REMOVED BY BY-LAW No. 1-2017 5.23 Removed AMENDED BY BY-LAW No. 1-2017 5.24 Prohibited Uses

(a) Except as otherwise specifically permitted in this By-law, the following uses are prohibited in any zone established under this By-law: (i) a track for the racing of motor vehicles, motorcycles, go-carts, snowmobiles,

or all-terrain vehicles; (ii) a trailer camp as defined in Section 169 (4) of the Municipal Act, S.O. 2001.

C. 25, as amended from time to time; (iii) a junk yard, salvage or wrecking yard, or the collection, storage, or sale of

junk, scrap metal, salvage, partially or completely dismantled motor vehicles or trailers;

(iv) locating or storing on any land for any purpose any disused railway car, school bus, street car body, truck body, truck box, or shipping container, whether or not same is situated on a foundation. Notwithstanding this, in an agricultural, commercial, industrial or institutional zone, one truck body/box or truck trailer which is maintained in good condition and appearance, or one shipping container, may be used for storage accessory to the main use, subject to the requirements for accessory buildings;

(v) except as specifically permitted in an Agricultural Zone or elsewhere in this By-law, no person shall, in any zone, keep or raise any livestock, bird, reptile, or wild animal, including any tamed or domesticate wild animal;

(vi) weigh scales in all zones except in an Agricultural, Agricultural, Commercial/Industrial, or Industrial Zone or as a part of a public use; and

(vii) adult entertainment parlours. (b) In addition to the uses prohibited by Clause (a) above, no land, building, or

structure, except automobile service stations and duly licensed installations for bulk fuel storage of gasoline, lubricating and fuel oils, shall be used in the Municipality for commercial or industrial purposes which are likely to cause or create a danger to health, or danger from fire or explosion, and which, without limiting the generality of the foregoing, shall include the industrial manufacture of coal oil, fuel oil, burning liquid gas, naphtha, benzene, gasoline, dynamite, dualine, nitro-glycerine, gunpowder, petroleum products, propane, and ammonia.

(c) In addition to the uses prohibited by Clause (a) and (b) above, all uses of land and the erection or use of any building or structure for a purpose not permitted under the “Permitted Uses” sections of the various zones established by this By-law or any use permitted as public uses in accordance with the provisions of Section 5.22 of this By-law are and shall be deemed to be prohibited uses under the provisions of this By-law.

(d) In addition to the uses prohibited in Clauses (a), (b), and (c) above, the provisions of the Health Protection and Promotion Act, as amended from time to time, shall apply to those uses considered to be offensive trades under such Act.

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ADDED BY BY-LAW No. 1-2017 5.24A Portable Asphalt Plants

New Portable Asphalt Plants are not permitted in areas designated “Natural Resources/Environment” in the County of Perth Official Plan and must satisfy the following: (a) Plants must have a certificate of approval from the Ministry of Environment and

Climate Change (MOECC); (b) Plants must comply with the minimum separation distances established by the

MOECC; (c) If located on lands previously used for agriculture, upon removal of the plan, the

site must be rehabilitated back to the agricultural use; (d) Plants must be removed from the site upon completion of the public project; and (e) Prior to locating a portable asphalt plant on productive agricultural and,

consideration must be given to the use of existing asphalt plants in the area, locating the portable asphalt plant in a licensed pit or wayside pit, and locating the plant on lesser quality or inactive agricultural lands.

5.25 Public Services and Utilities

The provisions of this By-law shall not apply so as to prevent the use of any lot or the erection or use of any building or structure for a public service use by a government agency (including the Government of Canada, the Government of Ontario, the Corporation of the County of Perth or the Corporation of the Municipality of North Perth, as well as any ministry, department, commission, authority, board or agency established by same), or for a public utility use (including sewer, water, artificial or natural gas, electrical power or energy, steam or hot water, telecommunication networks, railways, flood control infrastructure; and includes the works, structures, buildings and appurtenances necessarily incidental to the supplying of such services), provided the following requirements are met:

(i) new public service uses are not permitted in any A, RR, MH, ACM, MAR, NRE1, NRE2, or FP zone;

(ii) buildings and structures shall meet the lot coverage and yard requirements of the applicable zone; and

(ii) the open storage of goods, materials, or equipment is prohibited within any Residential Zone.

AMENDED BY BY-LAW No. 2-2009 5.26 Satellite Dishes, Antennae, and Aerials

(a) Structures such as satellite dishes, antennae, and aerials that are used for receiving or transmitting radio, television, telephone, or other similar communications in connection with a permitted use shall be subject to the following criteria: (i) no satellite dish, antennae, or aerial shall be permitted in the required front or

exterior side yards; and (ii) shall be located no closer than 2 m (6.5 ft.) from a lot line; and

(b) All satellite dishes in a Residential Zone shall be fixed to and located on the ground, except for satellite dishes not greater than 1 m (3.5 ft.) in diameter which may be mounted on the wall of dwelling or accessory building.

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ADDED BY BY-LAW No. 1-2017 5.26A Secondary Farm Occupations Where secondary farm occupations are listed as a permitted use, only one secondary farm occupations is permitted, and it must:

(a) be accessory to the main use of the property; (b) have no more than one non-resident employee; (c) be located within 45 m of a main building; (d) not have a driveway that is independent from the main use; (e) have a maximum gross floor area of 375 m2 and a maximum outdoor storage

area of 2,000 m2; (f) when accessory to a farm use (specifically on a property eligible for the Farm

Property Class Tax Program and/or having a valid Farm Business Registration Number), be limited to uses related to agriculture (including processing and packing), manufacturing, or trade occupations (including artists and craftspersons);

(g) when accessory to a residential use, be limited to trade occupation uses without outdoor storage;

(h) be limited to a single sign no greater than 1.0 m2 (9.3 ft2) in area; (i) be located within a building that can be readily converted to farm use; (j) comply with the Minimum Distance Separation Formula I (MDS I); (k) not require municipal water or sewer services or private water and/or waste water

services that require provincial approval; (l) have obtained a licence and/or a statement of conformity from the municipality.

AMENDED BY BY-LAW No. 1-2017 5.27 Significant Natural Resource/Environment Features The upmost care has been taken to ensure that the boundaries of Natural Resource/Environment Features, including; Provincially Significant Wetlands; Significant Habitat for Threatened or Endangered Species; Significant Wildlife Habitat; Areas of Natural and Scientific Interest (Life Science), Fish Habitat, and Significant Woodlands; are shown accurately on Schedule “A” to this By-law. However, where the actual boundaries of such features are different from what is shown as NRE1, NRE2 and/or AL on Schedule “A”, the zoning regulations will apply to the actual boundaries of the features. 5.28 Swimming Pools A swimming pool is permitted as an accessory use in any zone provided that the following provisions are met: 5.28.1 Location The swimming pool is located as follows:

(i) in the side yard of a lot, where no part of the swimming pool is located closer to any lot line or street line than the minimum yard distance required by this By-law for the main building on the lot;

(ii) in an Agricultural Zone a swimming pool may be located in the front or side yard of any lot provided that no part of such pool is located closer to any lot line than the minimum distance required for the principal dwelling located on the lot; and

(iii) in the rear yard of a lot, where no part of the swimming pool is located closer to any lot line than the minimum yard distance required by this By-law for an

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accessory building on the lot. 5.28.2 Fencing

Every swimming pool shall be enclosed by a fence as required by the Municipality’s Swimming Pool By-law.

5.29 Temporary Uses Notwithstanding the permitted uses in each zone of this By-law, temporary uses such as construction office, storage or tool shed, scaffolds, or other buildings and structures (excluding those used for human habitation) incidental to and necessary on location for the work in progress shall be permitted so long as same is necessary for the construction work which has neither been completed or abandoned. Abandoned shall mean failure to proceed expeditiously with the construction work. Temporary uses shall meet the required rear yard provisions of the applicable zone. Notwithstanding the permitted uses in each zone of this By-law, when an owner of land is replacing an existing detached dwelling with a new detached dwelling, two dwellings (i.e. the existing dwelling and the dwelling being constructed) may be located on one parcel of land for a maximum time limit of 12 months from the commencement of construction provided that, the owner has entered into the required agreements with Council and the construction work has neither been completed or abandoned (abandoned shall mean failure to proceed expeditiously with the construction work). REMOVED BY BY-LAW No. 1-2017 5.30 Removed AMENDED BY BY-LAW No. 108-ZB-2002 5.31 Undersized Lots Notwithstanding anything contained in this By-law, an existing lot which lacks the required frontage and/or area for a lot in the respective zone, shall be deemed to be a lot that may be used for the uses permitted by this By-law and a building or structure may be erected, altered, or used thereon provided that:

(a) the description of such parcel is the same as in a deed, registered on or prior to the date of passing of this By-law;

(b) such parcel could have been conveyed legally on the date of the passing of this By-law by way of deed, transfer, mortgage, charge or agreement of sale and purchase without consent under Section 50 of the Planning Act, R.S.O. 1990;

(c) such parcel has a minimum frontage of 9 m (29.53 ft.); (d) all relevant regulations made under the Health Protection and Promotion Act, R.S.O.

1990, and all relevant requirements of the Perth District Health Unit or any other such authority are complied with; and

(e) suitable measures for the proper drainage of the parcel are completed; (f) all other requirements of the appropriate zone are complied with; AMENDED BY BY-LAW No. 1-2017 (g) In any Agricultural Zone, new dwellings must meet the requirements of MDS I: (h) In Residential Zones, undersized lots shall be limited to a single-detached dwelling.

Multiple unit dwellings shall comply with the applicable zone provisions; (i) in the case of a severance or lot addition, the provisions of Section 5.31 shall

continue to apply such that the undersized lot shall be deemed to comply with any

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applicable provisions of this By-law resulting from such severance or lot addition. The provisions of Section 5.14 of this By-law may also apply.

5.32 Use of Travel Trailers, Tent Trailer, Motor Home or Similar Vehicle or Structure No person shall use any travel trailer, tent trailer, motor home or similar vehicle or structure for temporary or permanent living accommodation in any zone: (a) except as may be specifically permitted by this By-law; or (b) except that not more than one of such vehicles or structures may be used for

temporary sleeping accommodation not exceeding three months in any calendar year as an accessory use on a lot which contains a dwelling.

5.33 Wayside Permit Aggregate Operations and Portable Asphalt Plants A wayside permit aggregate operation (wayside pit) for the extraction and processing of road building materials and portable asphalt plants for use in constructing public roads may be established in the “A” Zone provided that such operations comply with all other provisions of this By-law applicable thereto and further provided that this provision applies only to the Council of the Municipality of North Perth or a designated agent thereof, except that the County of Perth or designated agent thereof or a designated agent of the Ministry of Transportation may obtain a licence and operate wayside permit aggregate operations (wayside pits) or portable asphalt plants (in compliance with Section 3.140 of this By-law) for the purposes herein stated. 5.34 Yard and Setback Requirements for Land Without Buildings Where a use is carried on, on any land or lot, and such use is not enclosed by any building or structure, the yard and setback requirements of this By-law shall apply to such use in the same manner as if a building or structure existed. 5.35 Servicing Requirements 5.35.1 Where municipal water and/or municipal sewage services are not available, a

written servicing agreement shall be required with the Municipality for any use which requires such services; and

5.35.2 No use shall be permitted in any zone unless all requirements of the appropriate

authority for sewage disposal are met. ADDED BY BY-LAW No. 108-ZB-2002 5.36 Oil and Gas Exploration/Drilling Oil and gas exploration/drilling activities shall be permitted in the Agricultural, Agricultural Commercial/ Industrial, and Flood Plain Zones provided that such activities are permitted and carried out in accordance with the provisions of the Oil, Gas and Salt Resources Act and regulations thereunder. AMENDED BY BY-LAW No. 1-2017 5.37 Drive-Through Facilities The following regulations shall apply to new drive-through facilities:

(a) Location Drive-through facilities are not permitted within front yards, or any yard adjacent to a residential or institutional use or zone.

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(b) Queuing The following table describes the minimum number of stacking spaces for each type of drive-through facility:

Restaurant - 10 spaces; Automated Car Wash - 5 spaces; Automated Teller/Other - 3 spaces.

The entrance to the stacking lane must be a minimum of 16 m from the road right-of-way. Queuing lane spaces are included in the overall parking requirement for the site. AMENDED BY BY-LAW No. 1-2017 5.38 Dwelling Separation from Sewage Lagoons Notwithstanding any other provision of this By-law to the contrary, the nearest main wall of a dwelling shall not be constructed within 100 m (328 ft.) of any sewage lagoon.

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THE CORPORATION OF THE MUNICIPALITY OF NORTH PERTH

BY-LAW NO. 70-2018

Being a By-law to amend By-law No. 6-ZB-1999, as amended, which may be cited as "The

Zoning By-law of the Municipality of North Perth", and which is a By-law to regulate the use of

land and the character, erection, location and use of buildings and structures and to prohibit

certain buildings, structures and uses in various defined areas of the Corporation of the

Municipality of North Perth.

WHEREAS the Council of the Corporation of the Municipality of North Perth deems it necessary

in the public interest to pass a By-law to amend By-law No. 6-ZB-1999, as amended;

AND WHEREAS pursuant to the provisions of Section 34 of the Planning Act, as amended, By-

laws may be passed by Councils of municipalities for prohibiting or regulating the use of land

and the erection, location, or use of buildings or structures within the municipality for or except

for such purposes as may be set out in the By-law, and for regulating in certain respects buildings

or structures to be erected or located within the municipality;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF

NORTH PERTH ENACTS AS FOLLOWS:

1. THAT Section 10.6.4 of By-law No. 6-ZB-1999 is hereby deleted and replaced with the

following:

“10.6.4 Interior Side Yard, Minimum

a) 1-storey dwelling 1.8 m (6 ft.)

b) 2-storey dwelling 2.4 m (8 ft.)”


following:

“10.7.4 Interior Side Yard, Minimum

a) 1-storey dwelling 1.8 m (6 ft.)

b) 2-storey dwelling 2.4 m (8 ft.)”


following:

“11.2.9 Planting Strip Requirements

A planting strip shall be required in accordance with the provisions of Section 5.22 where

an interior side or rear lot line of a lot being developed for row or townhouse purposes

abut a lot under any of the following circumstances:

a) a lot that is in a Future Development Zone;

b) a lot that is used for a non-residential purpose and on which no planting strip exists

adjacent to the mutual lot line.

4. THAT Section 5.24 of By-law No. 6-ZB-1999 is hereby deleted and replaced with the

following:

“Prohibited Uses

(a) Except as otherwise specifically permitted in this By-law, the following uses are

prohibited in any zone established under this By-law:

(i) a track for the racing of motor vehicles, motorcycles, go-carts, snowmobiles,

or all-terrain vehicles;

(ii) a trailer camp as defined in Section 169 (4) of the Municipal Act, S.O. 2001.

C. 25, as amended from time to time;

(iii) a junk yard, salvage or wrecking yard, or the collection, storage, or sale of

junk, scrap metal, salvage, partially or completely dismantled motor vehicles

or trailers;

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(iv) locating or storing on any land for any purpose any disused railway car, school

bus, street car body, truck body, truck box, or shipping container, whether or

not same is situated on a foundation. Notwithstanding this, in an agricultural,

commercial, industrial or institutional zone, one truck body/box or truck trailer

which is maintained in good condition and appearance, or one shipping

container, may be used for storage accessory to the main use, subject to the

requirements for accessory buildings;

(v) except as specifically permitted in an Agricultural Zone or elsewhere in this

By-law, no person shall, in any zone, keep or raise any livestock, bird, reptile,

or wild animal including any tamed or domesticated wild animal. This provision

shall not prevent the keeping of not more than three (3) household pets (e.g.

cats and dogs) on one lot provided that dangerous reptiles or animals shall not

constitute household pets;”

(vi) weigh scales in all zones except in an Agricultural, Agricultural,

Commercial/Industrial, or Industrial Zone or as a part of a public use; and

(vii) adult entertainment parlours.

(b) In addition to the uses prohibited by Clause (a) above, no land, building, or

structure, except automobile service stations and duly licensed installations for

bulk fuel storage of gasoline, lubricating and fuel oils, shall be used in the

Municipality for commercial or industrial purposes which are likely to cause or

create a danger to health, or danger from fire or explosion, and which, without

limiting the generality of the foregoing, shall include the industrial manufacture of

coal oil, fuel oil, burning liquid gas, naphtha, benzene, gasoline, dynamite,

dualine, nitro-glycerine, gunpowder, petroleum products, propane, and ammonia.

(c) In addition to the uses prohibited by Clause (a) and (b) above, all uses of land

and the erection or use of any building or structure for a purpose not permitted

under the “Permitted Uses” sections of the various zones established by this By-

law or any use permitted as public uses in accordance with the provisions of

Section 5.22 of this By-law are and shall be deemed to be prohibited uses under

the provisions of this By-law.

(d) In addition to the uses prohibited in Clauses (a), (b), and (c) above, the provisions

of the Health Protection and Promotion Act, as amended from time to time, shall

apply to those uses considered to be offensive trades under such Act.”

5. All other provisions of this By-law, as amended, shall apply.

6. The Clerk is hereby authorized and directed to provide notice of the passing of this By-law in

accordance with the Planning Act, as amended, and to Regulations thereunder.

7. This By-law shall come into force on the date that it was passed, pursuant to the Planning

Act, and to Regulations thereto.

READ A FIRST AND SECOND TIME THIS 14th DAY OF MAY, 2018.

READ A THIRD TIME AND FINALLY PASSED THIS 14th DAY OF MAY, 2018.

______________________________ _____________________________

Julie Behrns, Mayor Patricia Berfelz, Clerk

***********************************************************************************************************

Certified a true copy of By-law No. 70-2018 passed by the Council of the Corporation of the

Municipality of North Perth, _______________________, 2018.

____________________________________ Patricia Berfelz, Clerk

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THE MUNICIPALITY OF NORTH PERTH

BY-LAW NO. 70-2018

EXPLANATORY NOTE

By-law No. 70-2018 of the Corporation of the Municipality of North Perth is an amendment to the Municipality of North Perth Zoning By-law No. 6-ZB-1999, initiated by the Municipality, and affects lands throughout the Municipality.

By-law No. 70-2018 adjusts the interior side yard setback for triplex and four plex dwellings in

the Residential Four Zone (R4).

By-law No. 70-2018 revises the requirements for planting strips in the Residential Five Zone

(R5).

By-law No. 70-2018 adds additional regulations to the prohibited uses of the General

Provisions related to the number of household pets in a dwelling.

By-law No. 70-2018 was adopted by the Municipality of North Perth Council on the basis of an

application submitted by the Municipality.

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May 7, 2018

Patricia Berfelz, CMO Municipal Clerk Municipality of North Perth Dear Pat:

Re: Resolution – Joint Purchasing of 911 Signs

In 1996, the County and the member municipalities coordinated a project of designing and purchasing 911 signs as part of implementing a 911 system in the County. The member municipalities installed the signs in 1996, with the 3M reflective coating on them now past its useful life, and thus the need to replace the signs.

The County has been in discussions over the last few years on planning for the replacement of

the existing 911 signs, and in 2017 County Council directed staff to set up a working committee of Public Works and Planning staff of the County and member municipalities to explore the options of replacing the signs, and to budget funds in 2018 and 2019 to transfer to a reserve for the purchase of the signs, with anticipated installation targeted for 2019.

Replacement of the signs is the responsibility of the member municipalities under local by-

laws. To date, the County has coordinated the design of the replacement signs, and is setting funds aside for the bulk purchase of those signs. The working committee will be exploring options for the replacement, but given that the responsibility of such is with the member municipalities, we are seeking resolutions from each of the local Councils confirming (or not) that the municipality is in favour of proceeding forth in the joint purchasing of the signs paid by the County, with the replacement of the signs to be undertaken by the local municipality. Sincerely,

Lori Wolfe

Lori Wolfe Director of Corporate Services/County Clerk

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AGENDA NO.:5.4.1

DATE: May 14, 2018

RESOLUTION NO: __________

MOVED BY: ____________________________________

SECONDED BY: _________________________________

THAT:

The following summary of accounts are approved for payment:

General Administration 38,763.88

Business Improvement Association 1,179.11

Day Care 7,657.06

Fire Department 5,427.79

Library 10,473.25

Police 200,018.00

Public Works & Sanitation-Capital 531,383.91

Cemetery 103.42

Drains 9,559.60

Landfill 35,942.85

Roads 56,892.83

Sewer & Water 62,734.76

Recreation 123,727.59

PP # 9 169,372.12

Total 1,253,236.17

ACTION ON MOTION:

MAYOR OR OTHER ELECTED OFFICIAL


COUNCIL MEETING

_____________________________________________

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AGENDA NO.:5.4.2

DATE: May 14, 2018

RESOLUTION NO: __________

MOVED BY: ____________________________________

SECONDED BY: _________________________________

THAT:The following summary of accounts are approved for payment:

Perth Meadows 22,108.55

Total 22,108.55

ACTION ON MOTION:

MAYOR OR OTHER ELECTED OFFICIAL


COUNCIL MEETING

_____________________________________________

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COUNCIL REPORT - Vacancy Rebate and Reduction Program – County Council Report Page 1


COUNCIL REPORT

From: Frances Hale, Director of Finance/Treasurer Date: Monday, May-14-18 Subject: Vacancy Rebate and Reduction Program – County Council Report

Background: The County Treasurers prepared a report to County Council as presented by Corey Bridges, Manager of Finance/Treasurer for the County of Perth. The report is attached and provides a thorough explanation with regard to the current Program and the Treasurers recommendation and rational to move forward with eliminating the program starting in 2019. Prior to Council’s decision, public input is required and desired. To ensure, proper notice and adequate opportunity for input, a 5 step process was established as part of the County Report. The Public Information Meeting will be held from 5:30pm to 7:30pm on May 30th, 2018 in North Perth‘s Council Chambers for all County businesses and residents. Each Council will be notified and notices will be placed in 4 local newspaper and on 5 municipal websites and respective facebook and twitter accounts. As well, an online survey will be available on each of the municipal websites to enable remote public input.

https://forms.perthcounty.ca/CS/FIN/Vacancy-Rebate-Program

All residents and businesses within Perth County are encouraged to complete the survey. Comments: Please refer to the County report attached. Financial Implications: (Include amounts and funding source)

Please refer to the County report attached.

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https://forms.perthcounty.ca/CS/FIN/Vacancy-Rebate-Program

COUNCIL REPORT - Vacancy Rebate and Reduction Program – County Council Report Page 2


Recommendation: That all residents and businesses in Perth County are encouraged to provide input to the consideration of the Vacancy Rebate Program via online survey, open house or correspondence. Reference Material Attached: County Council Report May 3rd, 2018 – 7.3.2 Vacancy Rebate Program – CS/FIN-2018 Corporate Strategic Plan: The information and responses provided in this report are consistent with and in keeping with the Municipality’s approved Vision, Mission, and Strategic Plan. Report Prepared by: Frances Hale, Director of Finance/Treasurer Reviewed by: Kriss Snell, CAO Thursday, May-10-18

Frances Hale, Director of Finance/Treasurer

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COUNCIL REPORT - Rocher Road Storm Sewer Construction Page 1


COUNCIL REPORT

From: Lyndon Kowch Date: Monday, May-14-18 Subject: Rocher Road Storm Sewer Construction

Background: The Hoover Industrial subdivision was developed with an open ditch environment along Rocher Road in the Industrial/Commercial portions. Since first constructed, some of the open ditch corridor has been enclosed for aesthetics particularly due to the lack of ability to cut these areas. In 2017 requests for closing additional ditch line was requested in the northern ditch toward the western most developed area. Comments: The 2018 capital budget included the construction of additional storm sewer on Rocher Road. GM Blueplan had designed the adjacent ditch areas for the municipality and has provided design and tendering assistance for this project. Tender 307-007-04 for this work was opened on Wednesday May 9, 2018 and found to be in order. The Engineers recommendation is attached. Financial Implications: (Include amounts and funding source)

Two bids were received for the work described:

Hanna and Hamilton Construction - $127,718.45

Kurtis Smith Excavating Inc - $138,800.00 GMBluePlan Engineering reviewed the submissions and have provided a recommendation to award to the low bidder, Hanna and Hamilton Construction The capital budget for this project was set at $130,900. Recommendation: THAT: The Council of the Municipality of North Perth award the Construction of a Storm Sewer on Rocher Road as per Tender 307-007-04 to Hanna and Hamilton Construction in the amount of $127.718.45 not including the HST.

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COUNCIL REPORT - Rocher Road Storm Sewer Construction Page 2


Reference Material Attached: Recommendation for award from the Engineer. Corporate Strategic Plan: The information and responses provided in this report are consistent with and in keeping with the Municipality’s approved Vision, Mission, and Strategic Plan. Report Prepared by: Lyndon Kowch Reviewed by: Kriss Snell, CAO Friday, May-11-18

Lyndon Kowch

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PEOPLE | ENGINEERING | ENVIRONMENTS

GUELPH | OWEN SOUND | LISTOWEL | KITCHENER | LONDON | HAMILTON | GTA

975 WALLACE AVENUE NORTH, LISTOWEL ON N4W 1M6 P: 519-291-9339 F: 519-291-5172 WWW.GMBLUEPLAN.CA

May 10, 2018

Our File: 307007-4

Municipality of North Perth

330 Wallace Avenue North

Listowel, ON N4W 1L3

Attention: Mr. Lyndon Kowch

Manager of Operations

Re: Hoover Industrial Subdivision

Rocher Road – North Ditch Improvements

Tender Results

Dear Lyndon,

This letter is to confirm the results of the tender opening held on Wednesday, May 9, 2018 for Contract 307-007-4. The tender period officially closed at 2:00 p.m. and two bids were received digitally. Results of the tender are as follows:

Bidder Subtotal (excl. H.S.T.)

1. Hanna & Hamilton Construction Co. Limited 295 Tremaine Avenue South Listowel, ON N4W 2M8 Tel. 519-291-3400 Fax 519-291-5145 Email: [email protected]

$127,718.45

2. Kurtis Smith Excavating Inc. 225 Industrial Park Drive, PO Box #33 Brussels, ON N0G 1H0 Tel. 519-887-8855 Fax 519-887-8856 Email: [email protected]

$138,800.00

All tender prices include provisional items, and a total lump sum contingency allowance of $5,000.

Both tenders have been checked for errors, omissions, qualifications and obvious imbalances. All offers were accompanied with copies of appropriate Bid Bonds and ‘Agreements to Bond’, WSIB Clearance Certificate and Certificate of Insurance.

Hanna & Hamilton Construction Co. Limited’s price of $127,718.45 (excl. HST), the low tender price, is approximately $12,000.00 (10%) higher than our estimate of $116,000.00 (excl. HST). Hanna &Hamilton Construction Co. Limited is a reputable and competent firm with which we have had success with on similar projects in the past.

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OF 2

OUR FILE: 307007-4

GUELPH | OWEN SOUND | LISTOWEL | KITCHENER | LONDON | HAMILTON | GTA

Based on the above, we therefore recommend that the contract for this work be awarded to the low bidder, Hanna & Hamilton Construction Co. Limited. We understand that this recommendation will be presented to Council on the evening of Monday, May 14.

We trust you will find the above to be in order, and recommend that the bid bonds of the two bidders be retained until a contract is awarded. Upon Council’s award, the Municipality will advise the Contractor and other bidder accordingly and we will prepare the Contract Documents for execution, and arrange a pre-construction meeting.

Should you have any comments or questions or wish to discuss this matter in more detail, please do not hesitate to contact us.

Yours truly,

GM BLUEPLAN ENGINEERING LIMITED Per:

Steven MacMillan, C.E.T.

SM/

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COUNCIL REPORT - Award of Monkton Arena, Fire hall and Nelson Street Paving Page 1


COUNCIL REPORT

From: Lyndon Kowch, Steve Hardie, Ed Smith Date: Monday, May-14-18 Subject: Award of Monkton Arena, Fire hall and Nelson Street Paving

Background: Upgrades and construction at the Elma Logan Recreation Complex (ELRC) and Monkton Fire Hall parking lot areas were combined with the need to resurface Nelson Street in 2018 through the capital budget process. Comments: Municipal Staff met together in 2017 to discuss a joint tender that would include the paving works for the ELRC parking lot, tennis courts and area as well as adjusting and replacing structures and concrete curb/sidewalk as specified. As well, the new Fire hall parking lot and area was fine graded and prepared for paving in late 2017. Included in the work at the Complex and Fire hall is the paving of Nelson Street and the refurbishing of the Canada Post mailbox area. Improved street drainage, a widening of the travelling surface of the road and intersection at Highway 23 was also included in the work. Tender 14186, Arena Parking Lot, Fire Station Parking Lot and Nelson Street Paving was closed on May 9, 2018. Five bids were received ranging from $256,194.60 to $311,029.20. Financial Implications: (Include amounts and funding source)

Attached is the breakdown of the various components and costs of work included in the tender document. The low bid from Steed and Evans Ltd. not including the HST was $256,194.60. BMRoss Engineering provided the design and tender documents as well as coordinated a bidders meeting for the project. The low bid documents were reviewed and found to be in order by the Engineer with their recommendation to award to the low bidder, Steed and Evans Limited.

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COUNCIL REPORT - Award of Monkton Arena, Fire hall and Nelson Street Paving Page 2


Budgets for the project were brought through the 2018 budget as follows:

$159,000 for the Nelson Street road works, tender values are significantly lower as the scope of project was reduced prior to tendering with less storm sewer works required.

$133,500 for the Recreation Department Paving of the lots

$242,950.00 for the Fire hall carryover of all construction items which included the paving of the lot as the fire hall.

Recommendation: THAT: The Council of the Municipality of North Perth award the Monkton Arena, Fire hall and Nelson Street Paving Contract 14186 to Steed and Evans Limited in the amount of $256,194.60 not including the HST. Reference Material Attached: Corporate Strategic Plan: The information and responses provided in this report are consistent with and in keeping with the Municipality’s approved Vision, Mission, and Strategic Plan. Report Prepared by: Lyndon Kowch, Steve Hardie, Ed Smith Reviewed by: Kriss Snell, CAO Saturday, May-12-18

Lyndon Kowch, Steve Hardie, Ed Smith

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HI Pat

Could you produce a letter for us of the town non-objecting us to use our liquor license in our

parking lot for 2 upcoming events please?

Event 1 – Roy Bean Horseshoe Tournament on Saturday June 16, 2018.

Event 2 – Modean’s Reunion, Shoe and Shine on Saturday June 30, 2018.

We would also like to know the following for the June 30th event;

If there is any noise by-laws during the day for the show and shine as in some cases there

is a bit of a competition between the owners of the bikes to see who has the loudest bike.

We will be alerting the neighbours of this event.

If we have more bikes than our parking lot can handle would the town mind us using a

portion of the parking lot of the Listowel Memorial Arena?

If the town is ok with us doing this could you have the letters drafted as soon as possible please

as we need to get the application for approval into the AGCO right away.

I appreciate your time on this matter.

Regards,

Allyn Ward

Treasurer, Sports Officer Royal Canadian Legion Br. 259

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BY-LAW NO. 68-2018

BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH

DALE EDWARD AND DELPHINE KUEPFER AND

EUGENE AND ERMA MARTIN WHEREAS it is considered necessary and desirable to enter into an agreement with and to allow a garden suite to be erected upon the lands described as South Part Lot 9 Concession 5 Wallace Ward, Municipality of North Perth, County of Perth. NOW THEREFORE the Council of the Corporation of the Municipality of North Perth enacts as follows: 1. The Mayor and the Clerk are hereby authorized to sign an agreement with

Dale Edward and Delphine Kuepfer and Eugene and Erma Martin, at South Part Lot 9 Concession 5 Wallace Ward, Municipality of North Perth, County of Perth, on behalf of the Corporation.

2. This By-law shall come into force and takes effect on the day of the final

passing thereof. READ A FIRST AND SECOND TIME this 14th, day of May, 2018. READ A THIRD TIME AND FINALLY PASSED this 14th, day of May, 2018. MAYOR Julie Behrns CLERK Patricia Berfelz

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AGREEMENT MADE UNDER SECTION 39.1

OF THE PLANNING ACT, R.S.O. 1990

THIS AGREEMENT made this 14th, day of May, 2018 authorized by By-law No. 68-2018 of The Municipality of North Perth

B E T W E E N:

DALE EDWARD AND DELPHINE KUEPFER hereinafter called the “Owner”

AND

THE MUNICIPALITY OF NORTH PERTH hereinafter called the “Municipality”

AND

EUGENE AND ERMA MARTIN hereinafter called the “Garden Suite Occupant”

WHEREAS the Owner is the owner of the lands described in Schedule “A” attached hereto and made part hereof;

AND WHEREAS the Garden Suite Occupant is the person who is to temporarily occupy the said garden suite located on the lands described in Schedule “A” attached hereto;

AND WHEREAS the Owner has requested that the Municipality amend Zoning By-law No. 6-ZB-1999 to permit the establishment of a garden suite on the subject land as a temporary use;

AND WHEREAS Section 39.1 of the Planning Act, R.S.O. 1990, as amended, permits a municipality to adopt By-laws to authorize the temporary use of a Garden Suite;

AND WHEREAS the Municipality, Owner, and Garden Suite Occupant consider it desirous and appropriate to enter into an agreement regarding the Garden Suite;

NOW THEREFORE WITNESSETH that in consideration of the premises and the sum of ONE ($1.00) DOLLAR paid to the Municipality by the Owner (receipt whereof is hereby acknowledged), and in consideration of the Municipality approving the requested Zoning By-law Amendment for the establishment of a garden suite on the lands described in Schedule “A” attached hereto, the parties hereto agree as follows:

1. This Agreement affects the lands described in Schedule “A” attached hereto.

2. The Owner hereby agrees to obtain the required approvals and/or respect conformity requirements for such matters as Zoning By-law regulations, Building Code Requirements, Septic System Requirements, as well as any other applicable approval which is required by law, prior to the placement of a Garden Suite on the subject land. For the purpose of this Agreement, a “Garden Suite” means a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed and constructed to be portable.

3. The Owner hereby agrees to pay the applicable Development Charges as imposed by By-law No. 115-2014 as amended.

4. The Garden Suite shall be located in the Garden Suite area as shown on the Site Plan sketch attached hereto as Schedule “B”. Schedule “B” shall form part of this Agreement.

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5. Driveway access to the Garden Suite shall be by the existing driveway access to the principal dwelling situated on the subject land and as shown on the attached Schedule “B”.

6. Water supply for the Garden Suite shall be from the existing well serving the principal dwelling on the subject land and as shown on the attached Schedule “B”.

7. The Owner hereby agrees and warrants that the Garden Suite Occupant is to be the only person who will reside in the Garden Suite and further that the Owner will not permit any other persons to reside in the Garden Suite.

8. The Garden Suite Occupants hereby agree and warrant that they will be the only people who will occupy the Garden Suite and further will not permit any other person(s) to reside in the Garden Suite.

9. The Owner and the Garden Suite Occupant hereby agree that the Garden Suite shall not be established on the subject property and will not be occupied until such time that the necessary Zoning By-law Amendment has come into force.

10. After the establishment of the Garden Suite on the subject land, the Owner agrees to maintain it as developed. Any changes to the Garden Suite and/or the immediate site of the Garden Suite must first be approved in writing by the Municipality. Amendments to this Agreement and associated Site Plan sketch may be required.

11. The Owner agrees to remove the Garden Suite from the subject land within three months of the Garden Suite Occupant vacating the Garden Suite.

12. The Garden Suite Occupant hereby undertakes and agrees to vacate the said Garden Suite on or before May 14th, 2038. The Parties to this Agreement hereby acknowledge and agree that this Agreement shall expire once the said Garden Suite has been removed.

13. The Owner and the Garden Suite Occupant agree and warrant that they will not call into question directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative or other tribunal the statutory authority or right of the Municipality to require and enforce each and every term, condition and covenant herein and confirm that this provision may be pleaded by the Municipality in any such action or proceeding as a complete and conclusive estoppel of any denial of such right.

14. The Owner, on behalf of himself, his successors and assigns, hereby covenant to indemnify and save harmless the Municipality against any legal liability for losses, damages, claims, actions, demands, suits, and costs arising directly or indirectly from anything done by him or the Garden Suite Occupant or any of their servants, contractors or agents in connection with the performance under this Agreement.

15. Upon the removal of the garden suite from the subject land, the land shall be returned to the original state that existed prior to the establishment of the Garden Suite including decommissioning that part of the sewage system servicing the Garden Suite.

16. The Owner hereby agrees to comply with each of the provisions of this Agreement and agrees to provide to the Municipality security in the amount of $2,000.00 to assure performance of the terms and conditions of this Agreement and the said security shall be either:

(a) A cash deposit with the “Municipality”;

(b) Any irrevocable letter of credit from a Chartered Bank of Canada or financial institution, in a form and upon such terms and conditions as may be approved by the Municipality; or

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(c) Any other security in such a form negotiated with and approved by the Municipality which the Municipality deems to be sufficient security for the purpose of this Agreement and as otherwise provided herein.

17. The Owner agrees that the Municipality, or its agents, may enter upon the subject property for the purpose of enforcing the terms of this Agreement and further that the Municipality may, at its sole discretion, use any or all of the $2,000.00 deposit referred to above to cover the cost of enforcing any and/or all terms of this Agreement. If the Municipality’s enforcement costs exceed $2,000.00, the Owner acknowledges and agrees that the Municipality shall recover the additional expenses in a like manner as municipal taxes as provided for in Section 427 (3) of the Municipal Act, S.O. 2001 c. 25.

IN WITNESS WHEREOF the Owner and Garden Suite Occupant have set their hands and the Municipality has hereunto affixed its corporate seal under the hands of its Mayor and Clerk.

SIGNED, SEALED AND DELIVERED ) PROPERTY OWNERS In the Presence of )

) Per: ) Dale Edward Kuepfer ) ) Per: ) Delphine Kuepfer ) ) ) THE MUNICIPALITY OF NORTH ) PERTH ) ) Per: ) Julie Behrns, Mayor ) ) Per: ) Patricia Berfelz, Clerk ) ) “We have the authority to bind the ) Corporation.” ) ) GARDEN SUITE OCCUPANT ) ) Per: ) Eugene Martin ) ) Per: ) Erma Martin

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SCHEDULE “A” to Agreement authorized by By-law No. 68-2018

South Part Lot 9 Concession 5, Municipality of North Perth, (formerly Township of Wallace), County of Perth

SCHEDULE “B” to Agreement authorized by By-law No. 68-2018

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THE MUNICIPALITY OF NORTH PERTH COUNCIL AGENDA · Regular Council Meeting –May 7th, 2018 P a g e...

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Transcript of THE MUNICIPALITY OF NORTH PERTH COUNCIL AGENDA · Regular Council Meeting –May 7th, 2018 P a g e...