wainfleet council agenda feb. 28

C08/12

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET

REGULAR MEETING OF COUNCIL AGENDA

TUESDAY, FEBRUARY 28 TH, 2012 at 7:00 P.M.

COUNCIL CHAMBERS

1. Call to Order

2. National Anthem

3. Opening Prayera) Alderman Richard Dykstra

4. Disclosure of Pecuniary Interest and the General Nature Thereof

5. Presentationsa) Thermal Imaging Camera – Wainfleet Firefighters

b) Wainfleet Slogan Contest Winners – A. Aarts, M. Loeffen and L. Nuccitelli

6. Public HearingsApplication for Rezoning File No. Z-01-2012 (Marr)

Purpose of the Meeting:

The purpose of the public meeting is to consider a proposed amendment to theTownship’s Zoning Bylaw 581-78, as amended, under Section 34 of the PlanningAct. The Township has received an application on behalf of Stephen & DeniseMarr to amend the zoning on a property on the east side of Smith Road, north ofHighway #3, being Part of Lot 35, Concession 5 and known municipally as 53625Smith Road.

Purpose of the Application:

The subject lands, being a portion of the property (Parcel 2) is proposed to berezoned from “A2 Agricultural” to “A2-Special” intended as an “AgriculturalPurposes Only” zone and to recognize a reduced lot area. The “consent tosever” proposes to convey Parcel 1 (.406 ha) as a “surplus farm dwelling” andretain Parcel 2 (8.30 ha) for continued agricultural purposes.

Township of WainfleetCouncil Meeting Agenda, February 28th, 2012

7. Delegationsa) Jay McKnight Re: Non-posted Speed Limits

b) Sarah Rang, Great Lakes and St. Lawrence Cities Initiative Re: Initiatives andMembership Opportunities

c) Letter from Pat Cusack Re: Appointment to the Great Lakes Committee

d) Zijad Saskin, Broderick & Partners Re: Proposed Township of Wainfleet Bylawre Regulating Wind Turbines

8. Business Arising from Delegations

9. Mayor’s Announcements & Remarks

10. Adoption of the Minutesa) Minutes of the Special Budget Committee Meetings February 7th, 2012 and

February 21st, 2012 and the Regular Meeting of Council held onFebruary 14th, 2012

11. Staff Reports and Recommendationsa) Planning Staff Reports

i) PSR-002/2012 Re: Appointment of a New Committee ofAdjustment/Fence-Viewers/Property Standard Committee Member

ii) PSR-003/2012 Re: The Green Energy and Green Economy Act and a 2Kilometre Setback Bylaw for Wind Turbines

iii) PSR-004/2012 Re: Application for Zoning Bylaw Amendment Z-04-201143069 Wills Road Part of Lots 28 & 29, Concession 4 Newhouse OnionsLimited

b) Administration Staff Reportsi) ASR-006/2012 Re: 2011 Development Charge Reserve Fund Statement

c) Drainage Staff ReportsNo report(s) submitted

d) Building Staff ReportsNo report(s) submitted

e) Public Works Staff Reportsi) PWSR-008/2012 Re: Public Comments regarding Architectural designs

and Fire Code upgrades

ii) PWSR-009/2012 Re: Mandatory Inspection Program – Private On-SiteSewage Systems

f) Fire Staff ReportsNo report(s) submitted

g) Bylaw Enforcement Staff Reports

Township of WainfleetCouncil Meeting Agenda, February 28th, 2012

No report(s) submitted12. Review of Correspondence

13. Bylaws

First & Second Reading

a) Bylaw No. 008-2012 being a bylaw to pursuant to the provisions of Section 34 ofthe Planning Act, R.S.O. 1990 to amend Zoning Bylaw No. 581-78 of theCorporation of the Township of Wainfleet with respect to those lands forming Partof Lots 28 and 29, Concession 4, known municipally as 43069 Wills Road, in theTownship of Wainfleet.

b) Bylaw No. 009-2012 being a bylaw to establish a Mandatory On-Site SewageSystem Inspection Program in the Corporation of the Township of Wainfleet.

Third & Final ReadingNone

14. Notices of Motion

15. Proclamations

a) Opposition to Niagara Peninsula Conservation Floodplain Mapping – WellandRiver Floodplain Committee

16. Other Business

17. Closed Meeting

18. Bylaw to Confirm the Proceeding of Council

a) Bylaw No. 010-2012 being a bylaw to adopt, ratify and confirm the actions of theCouncil at its regular meeting held on the 28th day of February 2012.

19. Adjournment of Meeting

THE CORPORATION OF THETOWNSHIP OF WAINFLEET

NOTICE OF PUBLIC MEETING

TAKE NOTICE that the Council of the Township of Wainfleet will hold a public meeting toconsider a proposed amendment to the Municipality's Zoning Bylaw under Section 34 ofthe Planning Act. The Township has received an application on behalf of Stephen &Denise Marr to amend the zoning on a property on the east side of Smith Road, north ofHighway #3, being Part of Lot 35, Concession 5 and known municipally as 53625 SmithRoad. With reference to the attached sketch, a portion of the property (Parcel 2) isproposed to be rezoned from “A2 Agricultural” to “A2-Special” intended as an “AgriculturalPurposes Only” zone and to recognize a reduced lot area. The lands are the subject ofan Application for Consent to Sever (File B01/2012W) which is scheduled to be heard bythe Committee of Adjustment on February 15, 2012 at 4:00pm.

With reference to the attached sketch, the “consent to sever” proposes to convey Parcel 1(.406 ha) as a “surplus farm dwelling” and retain Parcel 2 (8.30 ha) for continuedagricultural purposes.

Details of the Public Meeting:Date: Tuesday, February 28, 2012Location: Wainfleet Council Chambers

31940 Highway 3, WainfleetTime: 7:00 p.m.

The purpose of this meeting is to ensure that adequate information is made available to the publicand to afford any person an opportunity to make representation in respect of the subject matter. Ifyou are unable to attend the meeting, your representations can be filed in writing whether by mailor personal delivery. Notification of the passing of the Zoning Bylaw will be provided upon writtenrequest to the Township Clerk.

If a person or public body does not make oral submissions at the public meeting or make writtensubmissions to the Township before the bylaw is passed, the person or public body is not entitledto appeal the decision of the Township to the Ontario Municipal Board.

If a person or public body does not make oral submissions at the public meeting, or make writtensubmissions to the Township before the bylaw is passed, the person or public body may not beadded as a party to the hearing of an appeal before the Ontario Municipal Board unless, in theopinion of the Board, there are reasonable grounds to do so.

Additional information relating to the proposed amendment is available for inspection in my officeduring regular office hours at the address below.

Dated at the Township of Wainfleet this 27th

day of January, 2012.

Grant MundayManager of PlanningTownship of Wainfleet31940 Hwy #3, Box 40Wainfleet, OntarioL0S 1V0(905) [email protected]

File Z-01-2012 (MARR)

C05/12


SPECIAL BUDGET COMMITTEE MEETING MINUTES

Minutes of the Budget Meeting held in the Wainfleet Council Chambers located at 31940Highway #3, Wainfleet, Ontario, on Tuesday, February 7th, 2012 at 7:00 p.m.

PRESENT: A. Jeffs, R. Dykstra, B. Konc, D. Wyatt

STAFF PRESENT: J. Boerema, H. Flagg, L. Good, T. Lamb, S. Luey, R. Madere, G. Munday,G. Wuisman

OTHER BOARDS: G. Csuka, Library Board

1. CALL TO ORDERThe Council meeting was called to order by Mayor Jeffs.

2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOFThere were no disclosures of pecuniary interest noted by members of Council.

3. PRESENTATIONS

a) Mrs. Robyn Madere, Treasurer, presented Council with a PowerPointpresentation outlining the 2012 Draft Capital and Operating Budget.

General discussion took place regarding the following items: Fire Tanker Truck Debenture Clarification regarding the Wainfleet Soccer grant Long Beach Homeowners – beach clean-up grant and suggested

alternatives to raising funds for beach clean-up Planning budget increase - justification and detailed revenue breakdown

provided noting the increase is due to a decline in revenue sources –rezoning applications, minor variances and consent fees and zoningbylaw study (the study will be completed by the 2013 budget)

Development charges collected by the Township can only fund justifiedcapital expenditures – development charges are not allocated to theplanning operating budget

The need and state of repair for Township’s cemetery roads Total number of running hours and year of tractor and boom mower Rental frequency and user groups of baseball diamonds Road conditions of Harbourview Road and Burnaby Road Urgency of single surface treatment for Pettit Road Proceeds generated from the sale of old equipment and scrap metal

collection

Township of WainfleetCouncil Meeting Minutes, February 7th, 2012 Page 2

4. DELEGATIONS

Resolution No. C-039-2012

Moved by April JeffsSeconded by David Wyatt

“THAT Section 10.4 of the Wainfleet Procedural Bylaw be waived to allow persons inattendance to speak to the 2012 Draft Budget.”

CARRIED.

a) Mr. Al Schwartz, 85646 Regional Road 45

Mr. Schwartz requested further clarification on how the residential tax rate iscalculated. Mrs. Madere, Treasurer, explained that the figure noted in thepresentation referred to the effect of the tax increase on the average householdbased on Municipal Property Assessment Corporation’s assessment value. Inaddition, the property tax figures did not include taxation from other agenciessuch as the Niagara Region, waste management or school boards.

5. DIRECTION TO STAFF


Moved by April JeffsSeconded by Richard Dykstra

“THAT the Roads Need Study be eliminated from the 2012 Draft Budget;

AND THAT staff be directed to transfer the Federal Gas Tax to the Capital RoadsBudget.”

CARRIED.


Moved by Richard DykstraSeconded by David Wyatt

“THAT staff be directed to fund the purchase of the 4 x4 Pick-up Truck from PublicWorks Equipment Reserves.”

CARRIED.


Moved by David WyattSeconded by Betty Konc

“THAT staff be directed to remove the Community Centre Parking Lot project from the2012 Draft Budget.”

CARRIED.




“THAT staff be directed to remove the replacement of the catch basin on the east side ofthe pond from the 2012 Draft Budget.”

CARRIED.


Moved bySeconded by

“THAT staff be directed to eliminate the repair and purchase of new bleachers from the2012 Draft Budget.”

CARRIED.


Moved by April JeffsSeconded by Richard Dykstra

“THAT staff be directed to remove the upgrading of electrical services for the baseballdiamonds from the 2012 Draft Budget.”

WITHDRAWN.

Mayor Jeffs withdrew her motion to allow the Director of Operations time to investigatewhether the baseball diamond parking lot lighting can be implemented without upgradingthe electrical services for the ball diamonds.


Moved by Betty KoncSeconded by David Wyatt

“THAT staff be directed to remove the electronic sign from the 2012 Draft CapitalProjects.”

CARRIED.



“THAT staff defer the $25,000 proposed road work for Oakwood and AttercliffeCemeteries to 2013 Budget.”

CARRIED.




“THAT staff be directed to defer Sugarloaf Street overlay road work to the 2013 Budget.”

CARRIED.


Moved by April JeffsSeconded by Betty Konc

“THAT staff be directed to remove single surface treatment for Petitt Road from CapitalRoads Expenditures.”

CARRIED.Resolution No. C-050-2012


“THAT staff be directed to reallocate the Library surplus to the roads portion of thebudget.”


Moved by April JeffsSeconded by David Wyatt

“THAT the Director of Operations conduct a cost comparison for tendering of the FireHall door widening capital project verses having the work done “in-house”.



“THAT the Special Budget Committee meeting stand adjourned until Tuesday, February21st, 2012, at 7:00 p.m. located in the Council Chambers.”

CARRIED.


The meeting adjourned at 8:45 p.m.

A. Jeffs, MAYOR

T. Lamb, CLERK

C07/12


SPECIAL BUDGET MEETING MINUTES

Minutes of the Budget Meeting held in the Wainfleet Council Chambers located at 31940Highway #3, Wainfleet, Ontario, on Tuesday, February 21st, 2012 at 7:00 p.m.

PRESENT: A. Jeffs, R. Dykstra, B. Konc, T. Hessels, D. Wyatt

STAFF PRESENT: T. Lamb, S. Luey, R. Madere, G. Wuisman

1. CALL TO ORDERThe Council meeting was called to order by Mayor Jeffs.


3. PRESENTATIONS

a) Mrs. Robyn Madere, Treasurer, presented Council with a PowerPointpresentation outlining the amendments made to the proposed 2012 Draft Capitaland Operating Budget.

Mr. Wuisman, Director of Operations, responded to staff directions raised at theFebruary 7th, 2012 Budget meeting as follows:

1. The Public Works tractor scheduled to be replaced is a Ford 2002, 110hp, 4x4, with 5, running hours.

2. The baseball diamonds were rented out 79 times to the Wainfleet MixSlow Pitch Team in 2011.

3. The ball diamond parking lot lighting can be implemented withoutupgrading the electrical service for the ball diamonds.

4. It was noted that there would be no major cost savings in completing theFire Hall door widening project “in-house”. Mr. Wuisman noted that itwould be advantageous to have the widening of the frame done “in-house” and the installation of the door completed by an outsidecontractor.

4. DELEGATIONSNone.


5. DIRECTION TO STAFF


Moved by April JeffsSeconded by Ted Hessels

“THAT the motion made at the February 7th Budget Meeting to defer Sugarloaf Street tothe 2013 Budget be reconsidered.”

CARRIED.


Moved by April JeffsSeconded by Ted Hessels

“THAT staff be directed to fund Sugarloaf Street overlay project from the Public WorksRoad Reserves.”

CARRIED.


Moved by Betty KoncSeconded by Richard Dykstra

“THAT staff be directed to remove the cemetery software phase #3 in the amount of$5,000 from the 2012 Draft Budget.”


Moved by Richard DykstraSeconded by Betty Konc

“THAT the door widening project be reduced to $10,000 for the Burnaby Fire Hall.”

CARRIED.



“THAT staff be directed to eliminate the upgrade to electrical service for the balldiamonds in the amount of $6,000 from the 2012 Draft Budget.”

CARRIED.



Moved by Ted Hessels

“THAT the motion adopted on February 7th, 2012 regarding eliminating Pettit Road fromthe Draft 2012 Capital Road Expenditures be amended by striking out the word removeand inserting the word add to read as follows: “THAT staff be directed to remove addsingle surface treatment for Pettit Road to Capital Roads Expenditures.”

LOST.The motion did not receive a seconder



“THAT staff be directed to make the necessary amendments to the proposed budgetand bring forward a staff report to adopt the 2012 Budget at the March 13th, 2012Council meeting.”

CARRIED.

6. ADJOURNMENT


Moved by David WyattSeconded by Ted Hessels

“THAT Council for the Township of Wainfleet do now adjourn.”

CARRIED.

The meeting adjourned at 8:00 p.m.

A. Jeffs, MAYOR

T. Lamb, CLERK

C06/12


REGULAR MEETING OF COUNCIL MINUTES

Minutes of the Regular Meeting of Council held in the Wainfleet Council Chambers located at31940 Highway #3, Wainfleet, Ontario, on Tuesday, February 14th, 2012 at 7:00 p.m.

PRESENT: R. Dykstra, T. Hessels, B. Konc, D. Wyatt

STAFF PRESENT: T. Lamb, S. Luey, R. Madere, G. Munday, G. Wuisman

1. CALL TO ORDERThe Council meeting was called to order by Deputy Mayor Hessels.

2. NATIONAL ANTHEM

3. OPENING PRAYERDeputy Mayor Hessels delivered the opening prayer.


5. PRESENTATIONSNone.

6. PUBLIC HEARINGSNone.

7. DELEGATIONS

a) Ellis Katsof, C.E.O., Pathstone Mental Health

Mr. Ellis Katsof and Mr. Peter Feren informed Council of Pathstone’s “Anti-Stigma” awareness campaign and requested Council support in promoting thecampaign at the municipal level and on the Township’s website.

b) David Anderson, CET Asset Management Specialist, Infrastructure Management& Pavement Engineering Stantec

Mr. Anderson provided Council with a PowerPoint presentation regarding themerits of a road needs study.

A copy of the PowerPoint presentation is enclosed in the February 14th, 2012Council folder.


c) Brook Kimber, 11378 Fowler Road, Wainfleet

Mr. Kimber addressed Council to request relief from Wainfleet’s Interim ControlBylaw, so that he could apply for a minor variance for an enclosed staircase thatwas built without a building permit in order that he may obtain a building permit.He had applied for a permit, however it was determined that a minor variance isrequired in order to meet zoning requirements.

8. BUSINESS ARISING FROM DELEGATIONS



“THAT Council support Pathstone Mental Health in promoting Pathstone’s “Anti-Stigma” awareness campaign.”

CARRIED.


Moved by Ted HesselsSeconded by Richard Dykstra

“THAT Mr. Anderson’s and Mr. Kimber’s presentations be received forinformation purposes.”

CARRIED.

9. MAYOR’S ANNOUNCEMENTS & REMARKS

10. ADOPTION OF THE MINUTES

a) Minutes of the Regular Meeting of Council held on January 24th, 2012 andJanuary 31st, 2012.


Moved by David WyattSeconded by Richard Dykstra

“THAT the minutes of the Regular Council meeting held on January 24th, 2012and January 31st, 2012 be adopted as circulated.”

CARRIED.

11. STAFF REPORTS AND RECOMMENDATIONS

a) Planning Staff ReportsNo report(s) submitted


b) Administration Staff Reportsi) ASR-005/2012 Re: 2011 Capital Budget Variance

RECOMMENDATION(S):

THAT this report be received for information;

AND THAT Council authorize the Treasurer to make the appropriateaccounting entries.



“THAT Administration Staff Report ASR-005/2012 Re: 2011 CapitalBudget Variance and the recommendations contained therein be adoptedas circulated.”

CARRIED.

c) Drainage Staff ReportsNo report(s) submitted

d) Building Staff Reports

i) BSR-003/2012 Re: Building Permit Report – January 2012

RECOMMENDATION(S):

THAT this report be received for information.



“THAT Building Staff Report BSR-003/2012 Re: Building Permit Report –January 2012 and the recommendation contained therein be adopted ascirculated.”

CARRIED.

e) Public Works Staff Reports

i) PWSR-007/2012 Re: Recommendation for a Wainfleet ArenaRenovations Public Liaison Committee

RECOMMENDATION(S):

THAT this report be received;


THAT Council approve the formation of a Wainfleet Arena RenovationsPublic Liaison Committee;

THAT the Committee be comprised of the following ten (10) members:

1. The Mayor2. The Public Works Chairman3. One representative from the Wainfleet Minor Hockey Association4. One representative from the Wainfleet Figure Skating Club5. One representative from the Marshville Heritage Society Inc.6. One representative from the Wainfleet Agricultural Society7. One representative from the Wainfleet Seniors’ Drop-in Centre8. One representative from the former Wainfleet Recreation

Committee9. One representative from the Wainfleet Recreation Master Plan

Implementation Committee10. One Wainfleet Municipal Recreation Department staff member;

THAT the Committee’s primary mandate be to review the various optionsavailable and make recommendations to Council as to the best course ofaction to remediate the existing Fire Code violations;

AND THAT the committee carry out an extensive review of publiccomments solicited from the January 24th Public Meeting, commentforms, and other sources of public input prior to making arecommendation to Council.



“THAT Public Works Staff Report PWSR-007/2012 Re:Recommendation for a Wainfleet Arena Renovations Public LiaisonCommittee and the recommendations contained therein be adopted ascirculated.”

CARRIED AS AMENDED (see below).



“THAT PWSR-007/2012 be deferred until Council has had an opportunityto review the Public Works Staff Report encompassing commentsreceived from the public and conceptual design options that are slated togo before Council on February 28th, 2012.”

CARRIED.


f) Fire Staff ReportsNo report(s) submitted

12. REVIEW OF CORRESPONDENCE



“THAT the report of the correspondence to Council dated February 14th, 2012 and therecommendations contained therein be adopted as circulated.”

CARRIED AS AMENDED (see below).


Moved by Richard DykstraSeconded by Betty Konc

“THAT correspondence item number 047 be amended to read the following:

THAT the Township of Wainfleet donate $100.00 from Council Grants to Ontario9-1-1 Advisory Board;

AND THAT Council support the attached resolution.”

CARRIED.

CORRESPONDENCE REFERRED TO COUNCIL 2012 02 14

030. From the Regional Clerk enclosing report ICP 8-2012 respecting BackgroundInformation Report, Application to Amend the Regional Policy Plan (RPPA 4-2011).REC. – receive for information.

031. From the Town of Pelham enclosing a resolution in support of the City of PortColborne’s resolution regarding the inclusion of Niagara in the South Western OntarioDevelopment Fund. REC. – receive for information.

032. From the Ministry of Municipal Affairs and Housing announcing the release of theOntario Municipal Partnership Fund allocations for 2012. A copy of this piece ofcorrespondence has been circulated to the Treasurer. REC – receive for information.

033. From the Regional Clerk enclosing report CSD 05-2012 respecting 2012 Interim LevyDates and Amounts, and Bylaw No. 06-2012. A copy of this piece of correspondencehas been circulated to the Treasurer (via hardcopy). REC. – receive for information.

034. From the Regional Clerk enclosing Communication PHSS 10-32012 and report COM39-2011 regarding Niagara’s Homelessness Service and directing the circulation of thedocuments to Area Municipal Councils. REC. – receive for information.

035. From the Regional Clerk requesting support of a resolution passed by its Councilamending Port Colborne’s resolution regarding the inclusion of Niagara in the South


Western Ontario Development Fund. A copy of this piece of correspondence hasbeen circulated to each member of Council. REC – support amended resolution.

036. From the Town of Fort Erie enclosing a resolution in support of the City of PortColborne’s resolution regarding the inclusion of Niagara in the South Western OntarioDevelopment Fund. REC – receive for information.

037. From Gerry and Janet Van Luttikhuisen requesting that a street light be erected at thecorner of Highway 3 and Moore Road North. Concerns of potholes on Moore RoadNorth were also expressed. A copy of this piece of correspondence has beencirculated to each member of Council and the Director of Operations. REC. – refer toDirector of Operations to respond.

038. From St. Elizabeth Catholic Elementary School requesting the use of the WainfleetArena free of charge for one hour on February 16th, 2012 from 9:30 a.m. to 10:30 a.mfor a proposed teacher versus student hockey game hosted by Student Council. Acopy of this piece of correspondence has been circulated to each member of Counciland the Director of Operations. REC. – waive arena rental fee, notify RecreationLeadhand.

039. From Peter and Ann Vanwyngaarden copying the Township on a letter sent to theNiagara Peninsula Conservation Authority expressing concern regarding updates tothe Welland River Floodplain mapping. A copy of this piece of correspondence hasbeen circulated to each member of Council and the Manager of Planning. REC –receive for information.

040. From the City of St. Catharines enclosing a resolution in support of the City of PortColborne’s resolution regarding the inclusion of Niagara in the South Western OntarioDevelopment Fund. REC – receive for information.

041. From the Region of Niagara Public Health Department requesting that the fees for theuse of the Township of Wainfleet Firefighters Memorial Community Hall (WFMCH) bewaived during the Flu Clinic to be held October 24, 2012. A copy of this piece ofcorrespondence has been circulated to each member of Council and the Director ofOperations. REC – waive deposit and rental fees for WFMCH.

042. From the Town of Halton Hills enclosing a resolution in support of the Township ofCarling’s resolution regarding MPP Norm Miller’s Private Members Bill to pavehighway shoulders. A copy of this piece of correspondence has been circulated toeach member of Council. REC – support resolution.

043. From the City of Port Colborne enclosing Notice of Adoption of Official PlanAmendment No. 86, Pre-Consultation and Complete Application Policies. A copy ofthis piece of correspondence has been circulated to the Manager of Planning. REC –refer to the Manager of Planning to comment if required.

044. From the Regional Clerk requesting comments regarding Proposed Regional PolicyPlan Amendment (RPPA 1-2012) Niagara’s Economic Gateway Zone and Centre. Acopy of this piece of correspondence has been circulated to the Manager of Planning.REC – refer to the Manager of Planning to comment if required.


045. From the Goderich and Area Disaster Relief Committee thanking Mayor Jeffs andCouncil for the generous donation from the Township of Wainfleet to the Goderich andArea Disaster Relief Fund. A copy of this piece of correspondence has beencirculated to each member of Council. REC – receive for information.

046. From Angioma Alliance Canada requesting that a Mayoral Proclamation be issuedrecognizing February 28th, 2012 as Cavernous Angioma Awareness Day in theTownship of Wainfleet. A copy of this piece of correspondence has been circulated toeach member of Council. REC – support proclamation.

047. From the Ontario 9-1-1 Advisory Board requesting financial support regarding theimplementation and operation of 9-1-1 Emergency Number systems in Ontario. Acopy of this piece of correspondence has been circulated to each member of Counciland the Firechief. REC – refer to Council Council donate $100.00 from Council Grantsand support attached resolution.

UnregisteredNone

13. BYLAWS

Third & Final Reading



“THAT the following bylaw be now read a third time and finally passed this 14th day ofFebruary, 2012:

a) Bylaw No. 005-2012 being a bylaw to amend Bylaw No. 002-2012 being a bylawto set rental rates for the use of the Township of Wainfleet Firefighter MemorialCommunity Hall.”

CARRIED.

14. NOTICE OF MOTION

There were no notices of motion.

15. PROCLAMATIONSa) Cavernous Angioma Awareness Day February 28, 2012



WHEREAS, Cavernous angioma, or cerebral cavernous malformations (CCM), isa devastating blood vessel disease that has enormous consequences for thoseaffected;


WHEREAS, Cavernous angiomas can cause seizure and stroke in affectedindividuals at any age, including children;

WHEREAS, In the general population, one in approximately 500 people has acavernous angioma;

WHEREAS, There is a hereditary form of the illness, caused by a mutation ordeletion on any one of 3 genes that is characterized by multiple cavernousangiomas;

WHEREAS, Each child born to parents with the hereditary form of the illness hasa 50 percent chance of having cerebral cavernous angiomas;

WHEREAS, There is a need for expeditiously initiated pilot studies to researchthe use of medications to treat the illness;

WHEREAS, The use of medications to treat the illness will enable preventativetreatment to reduce the risk of hemorrhage in those who have been diagnosed,thereby saving lives and dramatically reducing healthcare costs among thoseaffected;

WHEREAS, The Township of Wainfleet is proud to support the efforts ofAngioma Alliance Canada and its members to increase awareness of thispotentially devastating illness and the need for increased research;

NOW THEREFORE BE IT RESOLVED THAT, the Township of Wainfleet dohereby proclaim February 28, 2012, as “Cavernous Angioma AwarenessDay”.

CARRIED.

b) Ontario 9-1-1



WHEREAS, The Ontario 9-1-1 Advisory Board was formed at the request ofOntario Municipalities and;

WHEREAS, lack of ongoing Provincial funding for the Ontario 9-1-1 AdvisoryBoard has resulted in the need of financial assistance from other sources in orderto continue to represent our ratepayers in the face of ever-increasingtechnological advancement and ;

WHEREAS, technological advancement and deregulation of the local telephonemarket makes it necessary to represent municipalities and ratepayers at theCanadian Radio Telecommunication Commission (CRTC) and the CRTCInterconnection Steering Committee (CISC) on a regular basis;

NOW THEREFORE BE IT RESOLVED THAT, the Township of Wainfleetcontributes $100.00 to the Ontario 9-1-1 Advisory Board in order to allow it to


continue to advance a safe delivery of 9-1-1 system for police, fire andambulance emergency services in our municipalities and throughout theProvince.

CARRIED.

16. OTHER BUSINESSThere were no items noted.

17. CLOSED MEETINGThere were no closed meeting items.

18. BYLAW TO CONFIRM THE PROCEEDING OF COUNCIL



“THAT the following bylaw be now read a first, second and a third time and finallypassed this 14th day of February, 2012:

a) Bylaw No. 007-2012 being a bylaw to adopt, ratify and confirm the actionsof the Council at its regular meeting held on the 14th day ofFebruary 2012.”

CARRIED.

19. ADJOURNMENT



“THAT Council for the Township of Wainfleet do now adjourn.”CARRIED.

Council adjourned at 8:34 p.m.

T. Hessles, DEPUTY MAYOR

T. Lamb, CLERK

PLANNING STAFF REPORT PSR-002/2012

TO: Mayor Jeffs & Members of Council

FROM: G. Munday, Manager of Planning

DATE OF MEETING: February 28, 2012

SUBJECT: Appointment of a New Committee of Adjustment/Fence-Viewers/Property Standard Committee Member

RECOMMENDATION(S):


THAT Council review and select one (1) member to replace the existing vacant positionon the Committee of Adjustment/Fence-Viewers/Property Standard Committee Member;

AND THAT Council pass a bylaw at the March 13, 2012 Council Meeting approving thenew member.

EXECUTIVE SUMMARY:

As directed by Council, staff advertised for a volunteer for the Township of WainfleetCommittee of Adjustment/Fence-Viewers/Property Standards Committee. They received four(4) applications for Council to review and select a new member for the Committee ofAdjustment/Fence-Viewers/Property Standards Committee.

BACKGROUND:

On January 12, 2012, Township Council authorized staff to advertise for a volunteer tofulfill the vacant position on the Township of Wainfleet Committee of Adjustment/Fence-Viewers/Property Standards Committee. Staff advertised for this position on the Township’swebsite, the local newspaper, and at the front desk of the Township’s Municipal Office.

OPTIONS/DISCUSSION:

The Township received four (4) applications for Council to review. The Clerk hascirculated each of the applications to Council prior to the meeting. Staff are proposing thatpreassigned ballots be distributed to Council Members. Members will vote by ballot and a tallywill be done. An amending motion, duly seconded, appointing the successful candidate will bemade after the tally has been done. The ballots will be kept by the Clerk in the Council Meetingfile and available for examination.

FINANCIAL CONSIDERATIONS:

None

PSR-002/2012 2012 02 28Page 2

ATTACHMENTS:

None.

*Applications confidential and circulated to Council only*

Respectfully submitted by, Approved by,

Grant Munday Scott LueyManager of Planning Chief Administrative Officer





SUBJECT: The Green Energy and Green Economy Act and a 2 KilometreSetback Bylaw for Wind Turbines

RECOMMENDATION(S):

THAT this report be received.

EXECUTIVE SUMMARY:

On January 24, 2012, Township Council directed staff to work with the WainfleetRatepayers Association to create a draft bylaw that restricts wind turbines within 2 km of anyproperty and to prepare a staff report that outlines and evaluates the different options beforeCouncil. Planning Staff have examined four different options for the Township to consider.Staff do not recommend or support passing the bylaw attached as Appendix “A”. Staff are ofthe opinion that if this bylaw is passed by Council it would be superseded by ProvincialLegislation, would not prevent wind turbines from being built in Wainfleet and could potentiallylead to legal action against the Township.

BACKGROUND:

The powers of municipal governments (including the Township of Wainfleet) aredetermined by the Provincial Government, not by municipal councils. The Province hasexclusive jurisdiction over municipal affairs under the Constitution Act, 1867. The Province,through provincial acts, establishes the parameters and boundaries within which municipalitiesmay pass bylaws and conduct their business.

The Province of Ontario approved the Green Energy and Green Economy Act onMay 14th, 2009. The Act is intended to attract new investment, create new green economy jobs

and better protect the environment. The act removed all Planning Act authority frommunicipalities and established the Province as the regulatory approval authority for solar, wind;biomass and other facilities.

Two wind turbine proposals are currently in the works in the Township (Wainfleet WindEnergy Project and the Niagara Wind Power Project). The Province of Ontario currentlyrequires a wind turbine be setback a minimum of 550 m from a non-participant dwelling.Numerous solar projects have been constructed in the Township which have received approvalby the Province and in some case have been required to apply for and obtain building permitsfrom the Township.

On March 8, 2011, Township Council passed Resolution No. C-081-2011 whichrequested that Province place a moratorium on any new industrial wind turbine development.The Province has yet to pass any moratorium on land based wind turbines. OnJanuary 24, 2012, Township Council directed staff to work with the Wainfleet Ratepayers

PSR-003/2012 2012 02 28Page 2

Association to create a draft bylaw that restricts wind turbines within 2 km of any property and toprepare a staff report that outlines and evaluates the different options before Council.

OPTIONS/DISCUSSIONS

1) Do Nothing Option/Operate within the Existing Regulatory Framework Established bythe Province.

Under this option the Township would operate under the existing renewable energyapproval framework established by the Province as it relates to the development of windturbines. The Township would continue to comment on certain wind turbine proposals throughthe completion of the Municipal Consultation Form for consideration by the respective proponentand the Province. For example, in the case of the Wainfleet Wind Energy Project, theTownship’s comments with respect that project are contained in Appendix “B”. It is hoped thatany Provincial approval of this project includes consideration and incorporation of theTownship’s concerns and requests as outlined in that letter and the referenced attachments.

No matter what decision Township Council makes regarding wind turbine setbacks, theregulatory framework established by the Province will continue to be “in force” unless theProvince decides to change or modify the Green Energy and Green Economy Act. The approvalprocess for wind turbines is very complex and involves extensive studies. Nonetheless, underthe existing regulatory framework, if the Province approves, approves with conditions or deniesa specific wind turbine project it can be appealed by a developer or a third party. If Township isconsidering such an appeal it should seek legal opinion of the pros and cons of pursuing suchan appeal, including the financial costs.

Planning staff are of the opinion that Option 1 involves relying on the existing complexapproval process that includes extensive expert studies and extensive expert review by theProvince. In the case of the Wainfleet Wind Energy Project it includes a third party review whichwas done on behalf of the Township.

2) Pass Bylaw attached as Appendix “A”

The Bylaw attached as Appendix “A” would require wind turbines to be setback 2kilometres from any property. This bylaw was prepared by representatives from the WainfleetRatepayers Association in consultation with municipal staff. The bylaw relies on case law, theCanadian Charter of Rights and Freedoms, the Municipal Act, and the Environmental ProtectionAct to obtain its authority. Based on a preliminary analysis, the effect of this bylaw would be toeliminate the potential for the development of wind turbines in Wainfleet.

Three other municipalities in Ontario have passed similar variations to the bylawattached as Appendix “A” (Township of Ashfield-Colborne-Wawanosh, Township of Huron-Kinloss and the Municipality of Arran-Elderslie). These municipalities confirm that theirapproved bylaws have no power over wind turbine installations regulated under the GreenEnergy and Green Economy Act.

Based on a review of information available from the Province of Ontario (includinginformation from the Legal Services Branch – Ministry of Municipal Affairs and Housing), it isclear that such a bylaw would not be enforceable and may be considered illegal since it wouldprevent or restrict a wind turbine project. There is the potential that this bylaw could berepealed by the Province or through legal action initiated by the proponent or some other party

PSR-003/2012 2012 02 28Page 3

since it would conflict with the Green Energy and Green Economy Act. As mentioned in thebackground, the bylaw would seem to conflict with the regulations established by the Province.

Another issue with this bylaw is that it would not meet the definition of applicable lawunder Section 1.4.1.3 of the Ontario Building Code (OBC). Should a proponent receive arenewable energy approval from the Province of Ontario, the Township’s Chief Building Officialwould be obligated to issue a building permit provided the proposal met the requirements of theOBC.

Planning staff does not support Option 2 since it conflicts with Provincial Policy, wouldbe deemed inoperative and could potentially trigger legal action by a wind turbine proponent orsome other interested party. If Council is seriously considering passing the bylaw contained inAppendix “A” or a similar variation, it is advised that it seeks a legal opinion from the Township’slaw firm. This would be essential in determining the financial cost of passing such a bylaw andhaving it upheld by the courts should the proponent and/or another party seek legal actionagainst this bylaw.

3) Send a Letter to the Province

A third option for the Township is to send a letter to the Province requesting that itreconsider the minimum wind turbine setback of 550 metres and apply a 2 kilometre setbackrequirement from any property. The Township could highlight studies and reports whichsuggest that a 2 kilometre setback is more appropriate.

This option would not pose the same potential financial risks as Option 2 and wouldassist in sending a clear message to the Province that the municipality does not accept theexisting minimum 550 metre setback requirement. Staff have no position on this option sincethe Province has set the minimum required setback.

4) Pass a resolution to be circulated to other municipalities in Ontario and to theProvince.

Under this option the municipality would pass a resolution requesting that the Provinceimplement a minimum 2 kilometre setback requirement from any property. The resolution couldthen be circulated to other municipalities in Ontario for their consideration and support.

Similar to Option 3, this option would not likely pose any financial risks to the Townshipand would assist in sending a clear message to the Province that the Township and othermunicipalities do not accept the existing 550 metre setback requirement. Staff have no positionon this option since the Province has set the minimum required setback.


The financial impact of each option has been reviewed and considered as outlined in theoptions/discussion section of this report.

OTHERS CONSULTED:

Township of West Lincoln Planning Department.

PSR-003/2012 2012 02 28Page 4

ATTACHMENTS:

1. Appendix “A” – Bylaw regulating the minimum required setback for wind turbinesfrom any property.

2. Appendix “B” - Letter to the Director, Environmental Assessment and ApprovalsBranch.



APPENDIX “A”

THE CORPORATION OF THE

TOWNSHIP OF WAINFLEET

BYLAW NO. XXX-2012

Being a bylaw for prescribing the minimumSetback distance for the Construction of allIndustrial Wind Turbines, also known as WindTurbine Generators, to be erected within theborders of the Township of Wainfleet, AND torequire that any such Construction, incompliance with this bylaw or not, shall alsoprovide indemnification for any loss of Propertyvalue or adverse health effect therefrom to theextent of 100%.

WHEREAS government Ministers, Ministries, Agencies and Municipalities have anethical duty and legal obligation to protect the health, safety, quality of life and well being ofcitizens and their properties;

AND WHEREAS the Supreme Court of Canada, in 114957 Canada Ltée (Spraytech,Société d'arrosage) v. Hudson (Town), 2001 SCC 40. File No.: 26937, held that Municipalities,in addition to specific powers conferred by statute, also have included in that authority "generalwelfare" powers, upon which Municipalities can draw to enact bylaws genuinely aimed atfurthering goals such as public health and safety, protection of Property and the like;

AND WHEREAS s.9 of the Municipal Act, 2001, SO 2001, c 25, grants MunicipalitiesPowers of a natural person;

AND WHEREAS the Canadian Charter of Rights and Freedoms, being Part 1 of theConstitution Act, 1982, confers specific rights and freedoms on all Canadians, including that ofDue Process, which rights and freedoms are to be protected by all levels of government,including the Municipal;

AND WHEREAS s.130 of the Municipal Act, 2001, SO 2001, c 25, in force until July 1,2012, still states “A municipality may regulate matters not specifically provided for by this Act orany other Act for purposes related to the health, safety and well-being of the inhabitants of themunicipality”;

AND WHEREAS ss.128 – 129 of the Municipal Act, 2001 confer powers to regulatePublic Nuisances, Noise, Odour, Dust, etc.;

AND WHEREAS s.128 (2) also states “The opinion of council under this section, ifarrived at in good faith, is not subject to review by any court”;

AND WHEREAS s. 11 of the Municipal Act, 2001 confers broad authority on theMunicipality, including the passing of bylaws, inter alia, for the “Economic, social andenvironmental well-being of the municipality” and for the “Health, safety and well-being ofpersons”;

APPENDIX “A” 2012 02 28BYLAW NO. XXX-2012 Page 2

AND WHEREAS s.1 (1) of the Environmental Protection Act, R.S.O. 1990, c. E-19states that:

“adverse effect” means one or more of;(a) impairment of the quality of the natural environment for any use that can be

made of it(b) injury or damage to property or to plant or animal life,(c) harm or material discomfort to any person,(d) an adverse effect on the health of any person,(e) impairment of the safety of any person,(f) rendering any property or plant or animal life unfit for human use,(g) loss of enjoyment of normal use of property, and(h) interference with the normal conduct of business; (“consequencepréjudiciable”),

and further states,

“contaminant” means any solid, liquid, gas, odour, heat, sound, vibration, radiation orcombination of any of them resulting directly or indirectly from human activities thatcauses or may cause an adverse effect (“contaminant”);

AND WHEREAS s.3 of the Environmental Protection Act, R.S.O. 1990, c. E-19 alsostates “The purpose of this Act is to provide for the protection and conservation of the naturalenvironment”;

AND WHEREAS there is mounting documented evidence of the adverse impact of IWTtechnology on humans, wildlife and livestock;

AND WHEREAS the World Health Organisation recommends ambient noise levels beless than 30dB (a) inside a Property dwelling;

AND WHEREAS several jurisdictions worldwide have enacted or recommended laws orbylaws to regulate Setback distances of 2 to 10km for Industrial Wind Turbines;

AND WHEREAS more than 70 Ontario Municipalities, including Wainfleet, as well as theOntario Federation of Agriculture and the Christian Farmers Federation of Ontario, have askedfor a Moratorium on wind power development and for more and better studies on the impact ofwind power;

AND WHEREAS some Ontario realtors have asserted that properties within sight andsound of IWT's are available at prices 20 to 40% lower than those properties without IWTinterference;

AND WHEREAS restrictions in the laws of Ontario governing Municipalities and theEnvironment variously contradict one another and restrictions in the laws governing AlternativeEnergy generation do the same;

AND WHEREAS nothing in this bylaw frustrates the purpose of the laws governingalternative energy generation, it being the Municipality's concern to promote the responsible useof alternative energy in a manner that does no harm to persons, wildlife and livestock;


AND WHEREAS s.92 of the Constitution Act, 1982 provides further that the “ExclusivePowers of Provincial Legislatures” includes upholding Canadian Charter of Rights andFreedoms, being Part 1 of said Act

AND WHEREAS the fundamental rights of Canadian persons cannot be extinguished ormodified except by s.33 (“Notwithstanding”, clause) of the Canadian Charter of Rights andFreedoms, The Constitution Act, 1982;

AND WHEREAS it is reasonable and prudent for the protection of the Municipality'scitizens;

NOW THEREFORE the Council of the Corporation of the Township of WainfleetHEREBY ENACTS AS FOLLOWS:

Definitions:1. In this By-law, the listed words have the following meanings:

(a) “Setback” means a horizontal radial distance;(b) “Industrial Wind Turbine” (IWT), means a wind turbine power generator using

blade technology with a hub height exceeding 30 metres;(c) “Property” means property line, vacant land, dwelling or structure and their

inhabitants of all species used for private or business or public purposes;(d) “Municipality” means the Corporation of the Township of Wainfleet;(e) “Construction” includes placement, erection, alteration, repair, dismantling,

demolition, structural maintenance, painting, moving, land clearing andcleaning, earth moving, grading, excavating, the laying of pipe and conduitwhether above or below ground level, street and highway building,concreting, equipment installation and alteration and the structural installationof construction components and materials in any form or for any purpose andincludes any work in connection therewith.

(f) “Noise” means unwanted sound, vibration, or both, emitted by or related to anIndustrial Wind Turbine or Turbines;

(g) “Developer” means any person or business or company involved in thedevelopment, Construction and operation of an Industrial Wind Turbine,including the legal owner of said Turbine; AND, person, business, company,Turbine and owner can be construed in the singular and in the plural;

Application:This bylaw applies to all property within the territory of the Municipality.

This bylaw applies to all property owned by the Municipality.

Prohibition:1. For the Construction, erection or operation of any IWT inside the Municipality,

there shall be a minimum Setback of a distance of 2km from any propertymeasured from the tip of the rotor blade in horizontal position;

2. In any case, noise emitted by the IWT shall not exceed 32dB at the nearestproperty;

3. The Developer shall provide an indemnification of 100% for any loss of propertyvalue or adverse health effect directly or indirectly caused by an IWT.


Severability:If a portion of this bylaw is held invalid by a court of competent jurisdiction thenthe invalid portion must be severed and the remainder of this bylaw is deemedto have been adopted without the severed section.

Force and Effect:This bylaw shall come into force and take effect on the day of its Final passing.

BYLAW READ A FIRST TIME THIS XX DAY OF_____________, 20XX.

BYLAW READ A SECOND TIME THIS XX DAY OF_____________, 20XX.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS XX DAY OF_____________, 20XX.

A. Jeffs, MAYOR

T. Lamb, CLERK

APPENDIX “B”

APPENDIX “B” 2012 02 28Letter to the Director, Page 2Environmental Assessment and Approvals Branch





SUBJECT: Application for Zoning Bylaw Amendment Z-04-201143069 Wills RoadPart of Lots 28 & 29, Concession 4Newhouse Onions Limited

RECOMMENDATION(S):


THAT Council approve the amending Zoning Bylaw attached as Appendix “C” to thisreport;

THAT pursuant to the provisions of Section 34 (17) of the Planning Act, Councildetermine that no further notice of the proposed bylaw is required;

AND THAT the owner (Newhouse Onion Limited) and the Secretary-Treasurer of theCommittee of Adjustment be so informed.

EXECUTIVE SUMMARY:

This is a comprehensive report to provide a recommendation to Council regarding anapplication for Zoning Bylaw Amendment for the property known as 43069 Wills Road. Withreference to Appendix “A”, the proposed amendments are needed to permit the construction of adetached dwelling on each of the proposed new lots (shown as Parts 1, 2 and 3). A portion ofPart 4 is proposed to be rezoned to an A1-Special zone to recognize a non-conformity createdwith the Zoning Bylaw as a result of the proposed consent to sever. These amendments areintended to meet conditions of approval for proposed applications for consent (File B05/2011W-B07/2011W) which were all approved with conditions by the Committee of Adjustment onFebruary 15, 2012. These applications proposed to sever three new lots each for thedevelopment of a detached dwelling. A statutory public meeting was held by Council onNovember 24th, 2011. Notice for the statutory public meeting was in accordance with PlanningAct requirements.

This application is consistent with the Provincial Policy Statement and the policies of theTownship of Wainfleet Official Plan. No agencies or departments have raised objections withrespect to the application. This proposed application for zoning bylaw amendment fulfils acondition of consent approval and represents good planning.

DISCUSSION:

The subject lands are designated Village Residential and Agricultural within the existingand proposed Township Official Plan and the proposed lots will located within the existing and

PSR-004/2012 2012 02 28Page 2

proposed Winger Hamlet. As a result, the Provincial Policy Statement and the Regional PolicyPlan contain policies related to hamlets have application. Both documents permit severanceswithin Hamlets.

The Township Zoning Bylaw zones subject lands within the Winger Hamlet as D-Development with the retained lands being primarily zoned A1-Agricultural. The D-Development zone is a holding zone for properties that have development potential andgenerally within an existing hamlet. The proposed new lots will be required to be rezoned fromD-Development to R1-Residential and the retained lot will require a site specific rezoning torecognize the reduced setback from the existing barn to the proposed rear lot line of Part 3.The bylaw requires a non-livestock barn to be setback 15 m from the proposed new lot line toeast, whereas the barn will be setback 6 m from the easterly lot line.

The Township’s Official Plan provides policy direction on consents within the VillageResidential designation. Of particular relevance is Section 8(7)(c) which generally states thatplans of subdivision are preferred over a consent unless it is clearly not necessary in the publicinterest. In general terms the policy provides the following criteria:

1) That the proposed consent will not have a detrimental impact on the financialposition of the municipality.

2) That the proposed use will not conflict with adjacent uses.3) That the proposed lots front onto an existing publicly maintained road.4) The proposed use has an adequate supply of potable water and suitable facilities for

the disposal of private sewage.5) The proposal obtains approval for an application for rezoning to permit the detached

dwellings.

Planning staff are satisfied that a plan of subdivision is not required for these lots. Inparticular staff are satisfied that conditions 1, 2, 3 and 4 have been met and that condition 5 willbe met, should Council choose to pass the bylaw attached as Appendix “C”.

These applications were deferred by the Committee of Adjustment at the November 16,2011 hearing at the request of the Region of Niagara. The reason for the deferral was to allowtime for the applicant to provide confirmation that there are no dug wells within 250 metres northand 100 metres east, west and south of the new proposed lots. The applicant has sincesatisfied the Region of Niagara that there are no dugs wells within the distances specified. TheRegion and Niagara Peninsula Conservation Authority have since commented that they have noobjection to the proposed consents applications.


None.

OTHERS CONSULTED:

The application was subject to a public meeting on November 22, 2011 and noopposition was raised with respect to the proposal.

PSR-004/2012 2012 02 28Page 3

The application was circulated for agency comment which is summarized as follows:

• Wainfleet Chief Building Official requested an overall subdivisiongrade control plan

• Wainfleet Operations Department no comment• Regional Public Works no objection• Niagara Peninsula Conservation Authority no objection

ATTACHMENTS:

1. Appendix “A” – Proposed Land Severance Sketch2. Appendix “B” – Minutes of the Public Meeting of November 22, 20113. Appendix “C” – Proposed Amending Zoning Bylaw



APPENDIX “A”

APPENDIX ‘B’

APPENDIX “B” 2012 02 28Council Meeting Minutes, November 22, 2011 Page 2

APPENDIX “C”



BYLAW NO. XXX-2012

Being a bylaw pursuant to the provisions ofSection 34 of the Planning Act, R.S.O. 1990to amend Zoning Bylaw No. 581-78 of theCorporation of the Township of Wainfleet withrespect to those lands forming Part of Lots 28and 29, Concession 4, known municipally as43069 Wills Road, in the Township ofWainfleet.

WHEREAS the Corporation of the Township of Wainfleet has reviewed Zoning BylawNo. 581-78 and deems it advisable to amend same;

NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBYENACTS AS FOLLOWS:

THAT Map 4 on Schedule “B” of Zoning Bylaw No. 581-78, as amended, is hereby furtheramended by changing the zoning from “D – Development” to “R1 – Residential and “D –Development” to “A1 – 342” as shown on Schedule “A” hereto;

THAT Schedule “A” of Zoning Bylaw No. 581-78, as amended, is hereby furtheramended by changing the zoning from “A1” to “A1-342 as shown on Schedule “A” hereto;

THAT Section 31 entitled “Exceptions” from Zoning Bylaw 581-78, as amended, ishereby further amended by adding the following new subsection as follows:

342 Notwithstanding Sections 8.2.1 (e) to the contrary thefollowing shall apply to the existing barn:

(i) Minimum west side yard for the existing barn -6.00 m

THAT pursuant to Section 34(17) of the Planning Act, as amended, no further publicmeeting is required;

THAT this Bylaw shall come into force, take effect and be passed on the third and finalreading hereof subject to the provisions of Section 34 of the Planning Act.




A. Jeffs, MAYOR

T. Lamb, CLERK

APPENDIX “C” 2012 02 28BYLAW NO. XXX-2012 Page 2

SCHEDULE “A” TO BYLAW NO. XXX-2012


Lands to be rezonedfrom “D - Development”to “R1 - Residential”

THIS IS SCHEDULE “A” TOBYLAW NO.XXX-2012.PASSED THIS XX DAY OF______,2012.

Lands to be rezonedfrom “A1 - Agricultural”& “D - Development” to“A1-342”File No. Z-04-2011(NEWHOUSE ONIONSLIMITED)

MAYOR

CLERK

ADMINISTRATION STAFF REPORT ASR-006/2012


FROM: R. Madere, Treasurer


SUBJECT: 2011 Development Charge Reserve Fund Statement

RECOMMENDATION(S):

THAT the attached Schedule “A” – Development Charge Reserve Fund Activity bereceived as information;

AND THAT a copy of the report be forwarded to the Ministry of Municipal Affairs andHousing, in accordance with Development Charges Act, 1997.

EXECUTIVE SUMMARY:

To provide Council with information regarding the status of the Development ChargeReserve Fund as at December 31, 2011, in accordance with the Development Charges Act,1997.

BACKGROUND:

Development charges are one-time fees collected on new residential and non-residentialproperties to finance a portion of the capital infrastructure requirements associated with growth.Amounts collected are held in the appropriate Development Charge Reserve Fund andaccumulate interest. The growth-related spending authority is approved annually as part of theTownship’s budget process with only those capital projects included in the current backgroundstudy being eligible for development charge funding.

In 2011 the Township of Wainfleet received a Development Charge Background Studydated June 9, 2011, which was prepared by Watson and Associates. This study provided thebasis for the Development Charge By-law 024-2011 which was passed August 16, 2011 and willbe in effect until August 1, 2016. With the passing of the Development Charge By-law, fundshave been collected and deposited into the separate Development Charge Reserve Fund inaccordance with legislative requirements. Interest has accrued on these funds.

Section 43 of the Development Charges Act, 1997 (DCA) requires that the Treasurersubmit financial statements regarding the development fund activity to Council and the Ministryof Municipal Affairs and Housing. The attached statement of Development Charges ReserveFund Activity, provided as Schedule “A”, includes activity for the year.

OPTIONS/DISCUSSION:

None.

ASR-006/2012 2012 02 28Page 2


None at this time.

OTHERS CONSULTED:

None.

ATTACHMENTS:

1. Schedule “A” – Development Charge Reserve Fund Activity.


Robyn Madere Scott LueyTreasurer Chief Administrative Officer

SCHEDULE “A”

Schedule A

Development Charge Category

Description

Opening

Balances as at

January 1, 2011

Development

Charge

Revenues/

Adjustments

Interest

Earnings/

(Expense)

Transfer to/(from)

Capital for Project

Funding

Transfer to/(from)

Operations for

Project Funding

Closing

Balances as at

December 31, 2011

Roads and Related 16,026 5 16,031

Fire Protection Services 4,620 2 4,622

Parks and Recreation Services

- Outdoor 3,732 1 3,733

- Indoor 10,086 3 10,089

Library Services 2,958 1 2,959

Administration 2,862 1 2,863

TOTAL 40,284 13 0 0 40,297

The Corporation of the Township of Wainfleet

Development Charge Reserve Fund Activity

for the period ended December 31, 2011

PUBLIC WORKS STAFF REPORT PWSR-008/2012


FROM: G. Wuisman, Director of Operations


SUBJECT: Public Comments regarding Architectural designs and Fire Codeupgrades

RECOMMENDATION(S):


AND THAT Council review the appended public comments for information only.

EXECUTIVE SUMMARY:

Further to correcting Fire Code infractions and violations in the Wainfleet arena complex,architectural designs and Fire Code improvement options were posted in the arena along withcomment forms for additional public input.

The comment forms have now been gathered and are appended to this report for reviewby Council.

BACKGROUND:

As Council is aware, on August 5, 2010 the Wainfleet Fire Chief issued a report outliningnumerous Ontario Fire Code infractions and violations in the Wainfleet arena complex. Thereport included orders to correct the deficiencies and to implement temporary measures whilethe remedial work was being carried out.

Since the issue of the August 5, 2010 report, Council and staff have been workingtoward various solutions to correcting the deficiencies.

Three primary solutions have been developed, the first is to install a fire suppression andalarm system, the second is to provide improved fire ratings combined with an alarm system,and the third solution is to demolish and re-construct the fire code deficient building additionsadjoining the ice pad.

Council chose to further explore the demolition and re-construction of the fire codedeficient building additions solution consequently, an architectural firm was retained to preparefour conceptual designs. These designs were presented during a Public Meeting on January24th, 2012. In addition to the Public Meeting, the architectural designs along with the other twoaforementioned options were posted in the arena along with comment forms for additionalpublic input.

The comment forms have now been gathered and are appended to this report for reviewby Council.

PWSR-008/2012 2012 02 28Page 2

OPTIONS / DISCUSSION:

At the time of writing this report, 42 comment forms from separate individuals had beenreceived. The comments were grouped into three main categories as follows:

1. Thirteen (13) people wanted the building to be brought up to required fire code only, withno major renovations (do the minimum amount required to keep the facility open)

2. Twenty five (25) people showed an interest in doing a major renovation and did notmention concerns about costs

3. Four (4) people expressed an interest in doing the renovation but raised concerns aboutthe funding of the project

Additional concerns expressed included:

the need for more dressing rooms the need for two referee rooms the provision of space for user groups (minor hockey, figure skating, etc.) the avoidance of a flat roof whether or not parking will be an issue whether or not the hall on an upper level will pose some challenges the usefulness of a walking track the need for adequate storage/utility space for staff how the township pay for this project

At the Council meeting on January 31st Council made a motion that the Director ofOperations incorporate the following information:

1. Provide a list of all user groups who utilize the arena2. How often the user groups use the arena3. What arena deficiencies have been observed by staff and/or user groups

The attached Appendices “B” and “C” lists the information as requested above.

FINANCIAL CONSIDERATION(S):

The various options have financial consequences of approximately half a million dollarsto in excess of 3 million dollars.

OTHERS CONSULTED:

Not applicable.

PWSR-008/2012 2012 02 28Page 3

ATTACHMENT(S):

1 Appendix “A” – 43 Public Comments2 Appendix “B: - Wainfleet Arena – User Groups and time usage3 Appendix “C” – Arena Deficiencies


Greg Wuisman Scott LueyDirector of Operations Chief Administrative Officer

sffi-Bg

Architectural Conceptuil Designs for Arena Addition

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Frank Stoop comments were:1. the roof on the south side of the building should be extended to create a livestock shelter like the

cattle barn.2. there should be 2 referees rooms instead of 13. the large roll up door on the south wall must be maintained (for events like the Black & White

show)

HiApril,I am exclted by the possibllity of having a totally refurbished arena, with much larger spaces and a newlook in Walnfleet. I do, however, have major concerns regarding financing costs, long term maintenance,(staffing and costs), and the viability of a revenue generating plan.Untilthese questlons have been satisfactorily answered, I would recommend we exercise one of theoptions as recommended In the Quartek report to bring the arena up to code. lf after that the need formore space is evident, we plan for this and have financlng in place before constructlon beglns.

Regards,Herman

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February 8,203,2

Township of Wainfleet31940 Highway # 3, P.O. Box 40Wainfleet, ONLos1v0

To: Whom it may concern

Re: My comments regarding the proposed Arena renovations

I have listened with great interest about the presentation to the arena renovation. I found it veryinteresting to say the least about the lack of questions. I have a number of questions and concerns of myown. Rumor has it that there won't be any Minor Hockey next year in Wainfleet, is this true? Looking atthe different plans, how are we going to pay for it?

Ootion "A"o I don't see an exit on the south west corner where the big roll up door is nowo lthink we don't need 8 change roomsr I don't like the flat roofo There is no entrance from the change room to the washrooms - too far away

Optlon "B"r Again, no exit on s/w corner showno Washroom is too far away from the change roomr 6 change rooms seem okay on this plano 2nd floor, new Moore Room shows no Fire Exit to the outside / only inside

Optlo! "C"e Again no Exit shown on South West cornero I think we don't need 8 change roomso Washroom is too far away from the change room. 2nd floor, new Moore Room shows no Fire Exit to the outside / only insideo Dislike the layout on the second floor, would like to see more info on it

Option "Dl"o Still no exit on the South West cornere I think we don't need 8 change roomso Washroom is too far away from the change roomo I don't like the flat roof

Are there any plans to make more lobby space? Please let me know of any changes or progress.

Yours Truly,

ffiFrank deRuWe

Arena Comments

I know its past the 10th.,. but here it is.

I like D.,. with some changes...... unless there is even a better option.

From what I hear we may have to update down the road, so why spend 500,000.00 now on somethingwe might have to redo later,.. I like the idea of having a big Moore Room with nice big kitchen andhaving a special separate room for the seniors. We are all going to be getting older and it seems nice tobe able to have a room where seniors meet for coffee, meals and even exercise without having to movethings around to accomadate this.

Yvonne Hessels

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PUBLIC WORKS STAFF REPORT PWSR-009/2012


FROM: Greg Wuisman, Director of Operations


SUBJECT: Mandatory Inspection Program - Private On-Site Sewage Systems

RECOMMENDATION(S):


AND THAT the attached draft bylaw (Appendix “A”) receive first and second reading,with third and final reading reserved for the March 13th, 2012 Council meeting.

EXECUTIVE SUMMARY:

The Township of Wainfleet will commence a Mandatory On-Site Sewage SystemInspection Program in early Summer, 2012 (tentatively June 1, 2012). As such, staff havecomposed a procedural bylaw to govern the policies and procedures of this program.

BACKGROUND:

Council is aware that on February 8th, 2011 Bylaw No. 005-2011 was approved. ThisBylaw repealed support for the lakeshore water and wastewater servicing project and insteadendorsed the implementation of a “Find, Replace, and Repair” solution to the failing on-sitesewage system problem.

Since approval of Bylaw No. 005-2011, staff have been working on designing andimplementing an in-house Township program to regulate, enforce, and inspect private sewagesystems.

The Mandatory Inspection Program will generally follow the guidelines published by theMinistry of Municipal Affairs and Housing titled “On-Site Sewage System MaintenanceInspections, March 2011”. This Ministry endorsed inspection procedure has two phases.Phase I entails basic information gathering and its purpose is to:

A) Obtain the most recent information on the system, as well as the size of the building andthe number of fixtures and bedrooms that it services;

B) Locate the sewage system’s components;C) Identify any obvious or outward signs of malfunction or failure; andD) Identify systems that are at risk of malfunction or failure.

Should a system be identified as being at risk of malfunction or failure, a Phase IIFollow-up Maintenance Inspection will be ordered. The Phase II inspection will include adetailed examination of the various components of the system in order to identify the source ofthe malfunction, failure, and/or risk.

PWSR-009/2012 2012 02 28Page 2

Once the Phase II inspection identifies the cause of the malfunction, failure, and/or risk,the owner will be required to correct the problem and then have the system re-inspected.

Further details of the program and its procedures are provided in the MandatoryInspection Program Procedures, attached hereto as Appendix “A”.

OPTIONS/DISCUSSION:

Although the Phase I inspection will be carried out by the Township, staff isrecommending that the Phase II inspections be carried out by third party, private companieswith the onus to retain and pay for the third party Phase II to be borne solely by the owner. TheTownship has established qualification criteria for these third party companies.

The Mandatory Inspection Program will incorporate only the properties located within the“Boil Water Advisory” area within Wainfleet, which includes some non-waterfront properties aswell.

Staff considered two options by which properties would be selected and scheduled forinspections. Option A includes inspecting high risk systems first and Option B includesinspecting properties based on geographic location. A brief summary of each option is as listed:

Option A- High Risk SystemsThis plan would involve reviewing all of the previous records of sewage systems anddetermine which systems have no records. Those systems would be inspected first dueto the environmental damages they could be causing. The second round of inspectionswould incorporate systems that are greater than 15 years old. The third round ofinspections would incorporate systems that are less than 15 years old. A map depictingthis method can be seen below. Each year would be dependent on how manyproperties have no records within Wainfleet and how many inspections were completedwithin that year. Examples of other re-inspection programs that used this methodinclude Huron-Kinloss County and Archipelago.

Benefits Drawbacks

Potentially targets polluting systemsfirst

Deals with worst case scenariosfirst (Improving Township’s recordsof property sewage systems)

Covers a large geographic area Difficult to record (completed vs.

not completed) Home owners unaware of what

year they will be inspected

Option B- Geographic LocationThis plan would use geographic zones to determine which systems will be inspectedeach year. For example Zone 1 could include inspections from Etling Rd to Brawn Rdthe first year of the program. Zone 2 could include inspections from Brawn Rd to GolfCourse Rd within the second year of the program. Lastly, Zone 3 could include fromGolf Course Rd to Cement Rd the third year of the program. After 3 years of theprogram has passed the next round of inspections would start at Zone 1 and continuethe cycle again. A visual representation of the three zones within Wainfleet can be seenbelow. Examples of other re-inspection programs where this method was adoptedinclude the Municipality of Gravenhurst, the Township of Tiny, and the North Bay-Mattawa Conservation Authority.

PWSR-009/2012 2012 02 28Page 3

Benefits Drawbacks

Easier to organize when areas willbe inspected

Inspect properties in a morecompacted area

Not biased towards older systems

Systems that could be causingdamage may not be inspectedwithin first year

Option A – High Risk Systems

Option B- Geographic Location

PWSR-009/2012 2012 02 28Page 4

Staff of the Sewage System Regulating Department of Wainfleet recommend the use ofgeographic locations (Option B) to organize the inspection procedure of the program. Thebenefits of this program include a more laid out approach to completing 400 inspections in agiven year due to the close proximity of properties within the Zones. The Zones can also assistresidents in determining when their property’s inspection will likely occur if their property followsthe 3 year cycle. Properties that will begin to fall out of the Zone organization would include realestate transitions and newly installed systems. Property owners may feel less targeted if theZone option is used because Inspectors are inspecting all systems within the Zone regardless ofthe age of the system.


Pursuant to the Building Code Act, all costs associated with the implementation andoperation of this program are recoverable through inspection and permit fees. Consequently,this program should have no long term financial impact on property taxes.

Township Treasury staff recently carried out some preliminary Phase I inspection feeestimates based on having to inspect each of the private sewage systems within the Boil WaterAdvisory area every three (3) years.

Pursuant to the Building Code Act, a public meeting will be held in April, 2012 to presentthe suggested fees to those affected and to allow for comments and concerns to be broughtforward. Following this meeting, a bylaw will be presented to Council for approval of theMandatory Inspection Program fees prior to the commencement of the program.

OTHERS CONSULTED:

Municipality of GravenhurstSource: http://www.mah.gov.on.ca/Asset8304.aspx?method=1

+/- 400 inspections a season (May-Sept)

Students hired then Septic Inspector follows up with any issues found

Waterfront properties only inspected

Properties inspected based on geographic area

Visual non-invasive inspection

The North Bay-Mattawa Conservation AuthoritySource: http://www.mah.gov.on.ca/Asset8304.aspx?method=1

Areas inspected based on water testing of lakes and rivers (Geographic Area)

Home owners do not feel they are targets because it is to improve the water

quality in close proximity to their property


The Township of TinySource: https://docushare.tiny.ca/docushare/dsweb/Get/Document-58761/DOC21001.pdf

Township hired C.C. Tatham and Associates Ltd to conduct Program

C.C. Tatham and Associates Ltd charges Township $69.00 per lot inspected and

Township charges residents $80.00 per inspection

500 Inspections a year by C.C Tatham and Associates Ltd

8, 800 properties to be inspected based on 14-16 year time frame

Properties inspected based on geographical area

PWSR-009/2012 2012 02 28Page 5

Summer student hired to do initial inspection and if find problem certified

Inspector goes out to clarify issue

The Township of ArchipelagoSource: http://www.mah.gov.on.ca/Asset8304.aspx?method=1

Inspected all systems within Township

3100 over an 8 year period

Cost $30 per property inspected

400 properties inspected in a year

Notification of program given to property owners in tax notices sent in January

Inspected properties based on high, med, low risk criteria.


The Township of Huron-KinlossSource: http://www.huronkinloss.com/septic-systems.cfm

$55 dollars placed on annual tax bill if you have a sewage system

300-400 systems inspected each year by third party engineering company

(BMROSS)

2800 properties to be inspected 6-7 year cycle

Properties inspected based on high risk, moderate risk, low risk criteria


Region of Niagara Public Works Department

Ontario On-Site Wastewater Association (OOWA)

Ontario Ministry of Municipal Affairs and Housing, Building and Development Branch –Onsite Mandatory Septic Inspection Programs, March 2011.

ATTACHMENTS:

1. Appendix “A” – Draft Bylaw Mandatory On-Site Sewage System Inspection Program.


Greg Wuisman Scott LueyDirector of Operations Chief Administrative Officer

APPENDIX “A”



BYLAW NO. XXX-2012

Being a bylaw to establish a Mandatory On-SiteSewage System Inspection Program in theCorporation of the Township of Wainfleet.

WHEREAS the Council of the Township of Wainfleet has deemed it expedient toimplement a mandatory on-site sewage system inspection program in the Township ofWainfleet, specifically within the lakeshore area currently under a Boil Water Advisory;

AND WHEREAS the regulatory power to enter onto private property is given underSection 15 “Inspection of Unsafe Building” in the Ontario Building Code Act (OBCA);

AND WHEREAS the intention of the mandatory on-site sewage system inspectionprogram is to identify and resolve hazards associated with malfunctioning and/or insufficientsewage systems;

AND WHEREAS the mandatory on-site sewage system inspection program is designedto raise awareness and provide education regarding the proper maintenance and operation ofon-site sewage systems, and is an important part of protecting public health, the naturalenvironment, property values and tourism;

AND WHEREAS the long term goal of this program is to achieve a way in which theTownship may monitor sewage systems in vulnerable and/or “at risk” areas and prevent anypollution to groundwater and nearby Lake Erie, and to restore the safety of potable water in thelakeshore area currently under a Boil Water Advisory;

AND WHEREAS Section 391 of the Municipal Act, S.O. 2001 authorizes municipalitiesto impose fees or charges on persons for services or activities provided or done by or on behalfof it;


THAT the attached Mandatory On-Site Sewage System Inspection Program,identified as Schedule “A” attached hereto and forming part of this bylaw ishereby approved for implementation;

AND THAT Council hereby authorizes the Township of Wainfleet PrivateSewage System Regulating Department to initiate this program as ofJune 1, 2012;

APPENDIX “A” TO BYLAW NO. XXX-2012 2012 02 28Page 2

AND THAT this Bylaw shall come into force and effect immediately upon finalpassing.




A. Jeffs, MAYOR

T. Lamb, CLERK

SCHEDULE “A” TO BYLAW NO. XXX-2012

MANDATORY ON-SITE SEWAGE INSPECTION PROGRAM

Contents

Background...............................................................................................................................10

1.0 Proposed Plan of Inspections..............................................................................................10

1.1 Geographic Location.....................................................................................................10

1.2 Real Estate Inspections ................................................................................................10

1.3 Number and Time Frame of Maintenance Inspections ...............................................11

1.4 Grandfathered Properties .............................................................................................11

2.0 Methods of Informing the Public of the Program..................................................................11

3.0 Notification and Procedure to Inform Residents of Inspection Dates ...................................11

3.1 Confirming Inspection Time .........................................................................................12

3.2 No Response from Home Owner(s)..............................................................................12

3.3 Home Owner(s) Additional Documents........................................................................12

4.0 Phase I Inspection...............................................................................................................12

4.1 Preparation before Inspection ......................................................................................12

4.2 Contents of Phase I Inspection ....................................................................................13

4.3 Photographs ..................................................................................................................13

4.4 Phase I Inspection Report and Invoice ........................................................................13

5.0 Phase II – Follow-up Maintenance Inspections ...................................................................13

5.1 Contents of Phase II- Follow-up Maintenance Inspections ........................................14

5.2 Time Frames for Phase II Inspections or to Rectify Sewage System Issue...............14

6.0 Approved Third Party Inspection Companies ......................................................................14

6.1 Qualifications.................................................................................................................14

6.2 Conflict of Interest.........................................................................................................15

6.3 Random Audits ..............................................................................................................15

6.4 Phase II Inspection Report............................................................................................16

6.4.1 Contents of Phase II Inspection Report .....................................................................16

7.0 Close File............................................................................................................................16

8.0 Fee of Inspections...............................................................................................................16

8.1 Phase I Inspection .........................................................................................................16

8.2 Phase II Inspection ........................................................................................................16

9.0 Non Compliance .................................................................................................................17

9.1 No Payment of Inspection Fee.........................................................................................17

SCHEDULE “A” TO BYLAW NO. XXX-2012 2012 02 28Page 2

9.2 No Action on Conducting a Phase II Inspection..........................................................17

9.3. Order to Comply ...........................................................................................................17

10.0 Staff of the Sewage System Regulating Department.........................................................17

11.0 Yearly Review of Program.................................................................................................18

Appendix “A” - Geographic Zones Map .....................................................................................19

Appendix “B” - Phase I Inspection Sheet...................................................................................20

Appendix “C” - Third Party Inspection Company Registration Form ..........................................23


Background

The Township of Wainfleet is proposing to develop a Maintenance Sewage SystemInspection Program to help improve the water quality within the “Boil Water Advisory” area ofWainfleet. The “Boil Water Advisory” was placed on the lakeshore area of Wainfleet onApril 10, 2006. Significant bacterial contamination has been found in private and communalwells within the area. It is believed that the contamination is related to failing or malfunctioningsewage systems. The goal of the Maintenance Inspection program is to find, repair or replacefailing or malfunctioning sewage systems that may be causing environmental and health riskswithin the Township of Wainfleet. The following report includes information that pertains to theprocedures of how the program will operate.

1.0 Proposed Plan of Inspections

Based on the report titled “On-Site Sewage System Maintenance Inspections” written by theBuilding and Development Branch of Ministry of Municipal Affairs and Housing on March 2011,principal authorities may choose to prioritize areas for inspection based on: known groundwateror surface water contamination related to sewage, previous drinking water issues at a well orintake related to sewage, age of on-site sewage system, and systems without records. TheMandatory Inspection Program will incorporate only the properties located within the “Boil WaterAdvisory” area within Wainfleet, this includes non waterfront properties as well.

1.1 Geographic Location

Geographic zones shall determine which systems will be inspected each year. Zone 1shall include inspections from Etling Rd to Brawn Rd the first year of the program. Zone2 sahll include inspections from Brawn Rd to Golf Course Rd within the second year ofthe program. Lastly, Zone 3 shall include from Golf Course Rd to Cement Rd the thirdyear of the program. After 3 years of the program has passed the next round ofinspections shall start at Zone 1 and continue the cycle again. A visual representation ofthe three zones within Wainfleet can be seen on Appendix A.

Benefits Drawbacks



Non biased towards older systems


1.2 Real Estate Inspections

The program shall incorporate inspections before a real estate transaction is made. Thisproperty will then be exempt from having a Maintenance Inspection until the next roundof the inspection program (3 years later).


Benefits

Eliminates properties selling withmalfunctioning sewage systems

Property will not need to beinspected until next inspection cycle(3 years later)

1.3 Number and Time Frame of Maintenance Inspections

The inspections associated with the Maintenance Inspection Program will occurthroughout the year. The length of an inspection season for the program will beseasonally dependant. Inspections will not occur if the sewage system cannot be visuallyidentified on the property due to elements such as snow or flooding. The program has agoal of 400 Maintenance Inspections a year to incorporate a 3 year re-inspection cyclefor 1200 properties within the “Boil Water Advisory” area of Wainfleet.

1.4 Grandfathered Properties

The concept of “Grandfathered Properties” relates to properties that are not required tohave a Maintenance Inspection until 3 years has passed. Properties that fall under thiscategory include newly installed systems, repaired systems, and real estate inspections.The justification behind the concept of Grandfathered Properties is to eliminate re-inspecting properties twice. Newly installed, repaired and real estate inspections havealready had adequate inspections conducted during the application or permit process.

2.0 Methods of Informing the Public of the Program

Four methods will be used to inform the public of the Mandatory Maintenance InspectionProgram for the first year. These methods include:

Public Meeting informing the public of the septic inspection program and fees

Ad in newspaper (The Welland Tribune)

Ad on Township website

June Trade Show

o The trade show is an opportunity for home owner(s) to become familiar with the

program. They can talk to local septic installers, local inspection companies,

septic designers, Wainfleet Sewage System Regulating Department and septic

suppliers etc.

Methods used to inform the public of the program following the first year the programcommences will include newspaper ads and ads on the Township of Wainfleet website.

3.0 Notification and Procedure to Inform Residents of Inspection Dates

Property owners will be informed by a letter sent to their current mailing address which willcontain the following information;

Overview/purpose of program

Inspection date for area


3.1 Confirming Inspection Time

The home owner will be notified of the month their property is expected to be inspected.Home owner(s) are required to be on site with the Inspector to clarify questions aboutthe sewage system. No exact times will be confirmed but general morning or afternooninspections will be guaranteed. The home owner is required to contact the office byphone, letter, or e-mail clarifying what day and time they prefer or if they are unable tobe on site during the inspection. If the home owner cannot meet the Inspector during theinspection, the home owner will be asked questions concerning the location, type, andage of their sewage system and are asked to submit a hand written drawing of theapproximate location of the sewage system on their property.

3.2 No Response from Home Owner(s)

If there is no response from a home owner confirming attendance at the inspection or apreferred time, the Inspector will conduct the inspection without the home owner presentand will include within the Phase I report that a phone interview will be required to gathermore information about the property’s sewage system such as when the last pump outwas, location, and age of sewage system. It will indicate within the report that anotification letter was sent in the mail and no response was given to the Township on apreferred time or date.

3.3 Home Owner(s) Additional Documents

Home owner(s) will be required to provide documentation that their septic tank or holdingtank has been pumped within the last 5 years. Failure to do so will result in theInspector to order the home-owner to have their tank pumped out. If the home ownerinsists the tank has been pumped but did not keep the receipt, they can contact thepumping company that pumped out the tank to supply the owner with the proper record.

If the home owner(s) have a copy of the Certificate of Approval from the Region ofNiagara, Regional Health Department or the Ministry of Environment they shall supplythe certificate to the Inspector should the Inspector be under the assumption that nosewage system records were found for the property.

The home owner(s) may wish to supply the Inspector with previous inspection reports ofthe sewage system. These records can assist the Inspector in determining what theproperty’s sewage systems condition is since it was inspected.

4.0 Phase I Inspection

The purpose of the Phase I inspection is to determine if the property’s sewage systemshows signs of failure or malfunction based on the information gathered from research and asite inspection. If there are no records of a sewage system for the property and a systemcannot be identified on the property, a Phase II inspection shall be conducted to indicate howthe property’s sewage is being treated.

4.1 Preparation before Inspection

The previous records of the property (permits, real estate inspections, work orders etc.) withinthe “Boil Water Advisory” area of Wainfleet will be gathered prior to the Phase I Inspection.


These can be found by asking the Region of Niagara to conduct a file search relating tothe Maintenance Inspection Program. Once the records are received they will be placedwith a corresponding inspection sheet and will form part of the record when inspectioncommences.

4.2 Contents of Phase I InspectionThe Phase I inspection shall include the contents included within the document titled“On-Site Sewage System Maintenance Inspections” written by the Building andDevelopment Branch of the Ministry of Municipal Affairs and Housing, March 2011. TheInspector shall identify items a) to k) referenced in the document under Phase I -Maintenance Inspections. An example Phase I Inspection form can be seen onAppendix “B”.

A thorough Phase I Inspection shall be undertaken to make ensure that there is clearevidence of failure or malfunction of the sewage system. A site diagram will also berequired within the inspection report to ensure proper set backs are met and structuresare not obstructing the sewage system.

4.3 Photographs

Photographs may be taken by the Inspector if evidence of failure or malfunction is foundwith the sewage system. The photos will not be placed with the Phase I Inspectionreport sent to the owner. Photographs will act as evidence to support the Inspector’sfindings of a failing or malfunctioning sewage system.

4.4 Phase I Inspection Report and Invoice

After the Phase I Inspection has been conducted, the Inspector will write up a Phase IInspection report. The report will indicate if the property’s Maintenance Inspection file isclosed due to no issues or if issues were found. If required, a Phase II Inspection isrequired by an approved third party inspection company to identify any problem issues.

The inspection report will be attached to an invoice notifying the home owner(s) of theassociated inspection fee.The inspection report is copied and placed within the Township of Wainfleet MandatoryInspection Records. Inspections will be filed based on property address.

5.0 Phase II – Follow-up Maintenance Inspections

Home owner(s) will be notified in their Phase I Inspection report if a Phase II Inspection isrequired. Following the document titled “On-Site Sewage System Maintenance Inspections”written by the Building and Development Branch of Ministry of Municipal Affairs and Housing,March 2011, Phase II Inspections will occur when:

a) The Phase I maintenance inspection identified that the septic system is at risk offuture malfunction or failure; and/or

b) The Phase I inspection detected a malfunction or failure, but did not reveal thereason (e.g.location or nature) of malfunction or failure.


5.1 Contents of Phase II- Follow-up Maintenance Inspections

Contents of a Phase II Inspection of the tank, treatment system, leaching bed, andleaching bed blockages will follow the contents of Phase II- Follow up MaintenanceInspections found in the document “On-Site Sewage System Maintenance Inspections”written by the Building and Development Branch of Ministry of Municipal Affairs andHousing, March 2011. A third party inspection company must write up a reportindicating the type, location, size and condition of sewage system the propertypossesses. If no sewage system is found by a third party inspection company, a permitto construct a sewage system shall be submitted to the Township of Wainfleet.

The property will also be required to conduct a Phase II inspection if there are observedsigns of failure and malfunction of the sewage system. If there are no signs of failure ormalfunction on a property with a sewage system record, the file will be closed.

5.2 Time Frames for Phase II Inspections or to Rectify Sewage System Issue

Based on the severity of the site, time to comply with the Phase II inspection will begiven to property owner(s) stating when they will be required to have a Phase IIInspection conducted on their property. High severity sites will require an Order toComply placed on the property rather than a Phase II Inspection since immediaterectification will be needed to improve the conditions of the failing and malfunctioningsewage system. High severity sites will include observed raw sewage on the groundsurface or pooling of effluent on the surface etc. A Phase II Inspection used todetermine current treatment of sewage or whether the current sewage system has noncompliance issues will be required within 30 days of the Phase I Inspection report. If thePhase II Inspection has not been carried out within 30 days of the Phase I InspectionReport an Order to Comply will be placed on the property. Some extensions will begranted to properties requiring the Phase II inspection due to weather.

6.0 Approved Third Party Inspection Companies

Phase II Inspections involve the home owner(s) contacting a third party sewage systeminspection company approved by the Township of Wainfleet.

6.1 Qualifications

To be an approved third party inspection company the Township of Wainfleet requiresthat the signing authority have the qualifications of a current Building Code IdentificationNumber (BCIN) and be registered as a designer or Inspector. If the signing authority is anengineer or architect, no BCIN is required based on the qualifications set out in theOntario Building Code (OBC). The Ontario Regulation 350/06 states that:

1.10.1.3. Certificate as Alternative to Maintenance Inspection

(3) Subject to Sentence (4), the following persons are authorized to sign acertificate referred to

in Sentence (1):

(a) a person registered under Article 3.2.4.2. in the class of registration set out inColumn 2 of Row 10 of Table 3.5.2.1.,

(b) a person registered under Article 3.3.3.2.,

(c) an architect,


(d) a professional engineer.

The third party inspection company must fill out the Township’s “Third Party RegistrationForm” and have proof of valid septic insurance. If the company has all of theserequirements they will be placed on the Township’s approved Third Party InspectionCompany List. Only those companies approved on the Township’s list will be authorizedto carry out the Phase II Inspections of the Mandatory Inspection Program. The thirdparty registration form can be seen on Appendix “C”.

6.2 Conflict of Interest

Third party inspection companies that inspect sewage systems for the purpose of theMandatory Inspection Program are prohibited to install or make changes to the sewagesystem they inspected. This is a conflict of interest as stated in Ontario Regulation350/06.

1.10.1. Discretionary Maintenance Inspection Programs


(4) A person shall not sign a certificate referred to in Sentence (1) if theperson would be in a conflict of interest.

(5) For the purposes of Sentence (4), a person would be in a conflict ofinterest if the person, or an officer, director, partner or employee of the person(where the person is a corporation or partnership), or any person engaged by theperson to perform functions for the person;

(a) has participated or participates, in any capacity, in design activities orconstruction relating to any part of the sewage system to which thecertificate relates,

(b) is or has been employed within the previous 180 days by a person whocarried out design activities or construction relating to any part of thesewage system to which the certificate relates,

(c) has a professional or financial interest in;

(i) the construction of the sewage system to which the certificaterelates,

(ii) the sewage system to which the certificate relates, or

(iii) the person responsible for the design of the sewage system towhich the certificate relates, or

(d) is an elected official, officer or employee of a principal authority.

6.3 Random Audits

The approved third party inspection companies will be audited by staff of the SewageSystem Regulating Department of the Township of Wainfleet. Random audits will bedone within a given year based on complaints or follow ups that inspections are actuallybeing conducted. The Township holds the right to remove a third party company fromthe Township’s approved list if the third party inspection company’s qualifications are notvalid or proper inspection protocol is not being conducted.


6.4 Phase II Inspection Report

Once the third party inspection company believes the issues found during the Phase IInspection have been rectified, a report is written by the inspection company andsubmitted to the Township of Wainfleet office to be reviewed by the Sewage SystemRegulating Department.

6.4.1 Contents of Phase II Inspection Report

A third party inspection company shall include the following within their Phase IIInspection Report;

a) Identification of property attended and/or identification of any information

collected as part of the inspection (e.g. Pump out receipts)

b) Status of deficiencies noted in previous inspections

c) Deficiencies identified during the current visit

d) Enforcement action taken

These contents can be found under the Inspection Report heading within thereferenced document titled “On-Site Sewage System Maintenance Inspections”March 2011 written by the Building and Development Branch of Ministry ofMunicipal Affairs and Housing.

7.0 Close File

After the Township has conducted a Phase I Inspection and no issues found with theexisting sewage system, the property’s Maintenance Inspection file can then be closed until thenext round of inspections 3 years later. If after a Phase I Inspection was conducted a Phase IIInspection was required, the Sewage System Regulating Department Inspectors will review thePhase II Inspection Report written by the approved third party inspection company. If theInspectors feel the report confirms the issue have been rectified then the property’smaintenance inspection file will be closed until re-inspections 3 years later. A follow-upinspection may be necessary for the Inspector to visually confirm that the issues have beenrectified.

8.0 Fee of Inspections


Based on the costs to run this program with a Chief Building Official, AdministrativeAssistant, and two Septic Inspectors inspecting 400 properties a year, the cost of thePhase I Inspection fee required by property owner(s) within the Boil Water Advisory areaof Wainfleet is expected to be $ 540.00 for the first 3 years of the program. The fee canbe paid by the home owner(s) with cash, debit, or cheque made out to the Township ofWainfleet. The transaction will be entered within the Township’s database asMaintenance Inspection Program.

At the conclusion of the first three years of the program, the inspection fee will bereviewed and adjusted according to the revenues and expenses of the program.

8.2 Phase II Inspection

It is at the home owner(s) expense to have a Phase II Inspection or the installation of a new sewagesystem be carried out. Home owner(s) shall abide by the rules set out in


the operation and maintenance section of the OBC 8.9.1.2. If the home owner(s)choose(s) not to upgrade their system or rectify their sewage system issue they are inviolation of this section of the OBC and shall be served with an Order to Comply.

9.0 Non Compliance

9.1 No Payment of Inspection Fee

After the Phase I Inspection, the Inspector will write up an inspection report and issue itto the home owner(s) along with an invoice. The inspection fee will require paymentwithin 30 days of sending out the report and invoice. If the home owner(s) do not paythe fee within 30 days, a second reminder will be sent to the home owner(s) to pay thegiven fee within 60 days. A third and final reminder will be given to the home owner(s) ifthey have yet to pay the fee after 90 days from when the letter was sent. After 90 dayshas passed without a payment received the fee will be placed on the property owner’stax bill for the corresponding property where the inspection took place.

9.2 No Action on Conducting a Phase II Inspection

If the Phase II Inspection has not been carried out within 30 days of the Phase IInspection report mailed to the owner, an Order to Comply shall be placed on theproperty. Time frames of Order to Comply are based on the conditions written on theorder. Based on the Ontario Building Code Act Section 12-(2) Order, an Inspector mayrequire an order to be carried out immediately or within such time as specified in theorder. Some extensions will be granted to properties requiring a Phase II Inspection dueto weather conditions.

9.3. Order to Comply

The home owner(s) will be sent the Order to Comply in the mail and one will be postedon the property the Order to Comply is issued to. The order will include information suchas:

OBC Part 8 Violations

Remedial steps necessary to render the sewage system safe

Time frame order must be carried out

A total of three notices will be given out to property owners not rectifying the Order toComply. If the Order to Comply still has not been resolved, charges will be laid due tonon compliance with the rules and regulations set out in the OBC.

10.0 Staff of the Sewage System Regulating Department

Since January 2, 2012 the Township of Wainfleet has been providing services andenforcement for Part 8 of the Ontario Building Code. Staff shall coordinate to run both regularPart 8 compliance of new sewage system installations, repairs and complaints alongside theMaintenance Inspection Program within the “Boil Water Advisory” area of Wainfleet. Uponfurther examination of the program it may be determined that a Junior Inspector is required toassist in conducting the required 400 inspections annually will be required. See organizationalchart below. The tentative start date of the program is June 1, 2012.


11.0 Yearly Review of Program

After each year of the Maintenance Inspection Program the Staff of the Sewage SystemRegulating Department shall review the strengths and weaknesses of the program. Annualinspections will help to improve the quality of the program by identifying how to deal withsituations or issues in a more organized, consistent approach. Each year it is expected that theprogram will gain more experience thus improving the quality and effectiveness of the program.

Figure 1: Internal Staff of Maintenance Inspection Program

APPENDIX “A” TO SCHEDULE “A” - Geographic Zones Map

APPENDIX “B” TO SCHEDULE “A” - Phase I Inspection Sheet

PHASE 1 INSPECTION SHEET

ADDRESS: DATE:OTHER INFO:

OWNER:

ROLL #:

OCCUPANCY TYPE:

MAILING ADDRESS: VOLUME/DAY (EST.):

INFO RECORDED INFILES

CLASS CERTIFICATEOF

APPROVALYes No

PERMIT #

Date:

TANK

TYPE:

SIZE:

BED/TRENCH

TYPE:

SIZE:

INFORECORDEDON SITE

CLASS WATER LINE INTO DWELLING(S): Yes No PRESSURIZED: Yes No

SEWER LINE OUT OF DWELLING(S) VISIBLE: Yes No PUMP: Yes No

PIPE SIZE: CONDITION:TILE BED TYPE: □ Trench □ Filter

L: W: D:

TOTAL AREA:

# OF RUNS (IF APPLIC.):

SEPTIC TANK:

TYPE:

SIZE:

PUMP CHAMBER: Yes No

TYPE:

SIZE:

TOTAL TRENCH LENGTH: CONDITION: CONDITION:

RECORD(S) OF TANK PUMPOUT?

Yes No

If yes, date of most recent pumpout:

Frequency of pumpouts (if known):

COMMENTS:

□ GREY WATER PIT – CLASS 2

TYPE:

SIZE:

CONDITION:

□ PRIVY – CLASS 1

TYPE:

SIZE:

CONDITION:

□ HOLDING TANK – CLASS 5

TYPE:

SIZE:

CONDITION:

APPENDIX “B” TO SCHEDULE “A” - Phase I Inspection Sheet Page 2

VEGETATION & GENERALCONDITION:

GROUND WATER LEVEL (approx.): DETERMINED BY:□ MAPS, RECORDS, ASSESSMENTS□ OBSERVATION (SIGNS OF INFILTRATION)□ NEARBY WATER BODY □ HAND AUGER

□ OTHER (provide details):

COMMENTS:

SITE LAYOUT AND SYSTEMLOCATION:

TYPE OF WELL:□ DRILLED □ DRY □ DUG □ CISTERN

DISTANCE TO:

TANK: BED:

SURFACE WATER: Yes No

DISTANCE TO:

TANK: BED:

OTHER COMMENTS (specialdevices / fixtures in use, etc.):


IS THERE ANY VISUAL INDICATION THAT A COMPONENT(S) OF THE SEWAGE SYSTEM IS UNSAFE ATTHIS TIME? Yes No

(VISIBLE BREAKOUT, EROSION, POOR GRADING, EXCESSIVE VEGETATION, ETC.)

IF YES, DESCRIBE:

OVERALL RISK ASSESSMENT: □ HIGH □ MODERATE □ LOW

□ FILE CLOSED- SYSTEM IN COMPLIANCE □ OTHER REMEDY REQUIRED (provide details):

□ PHASE 2 INSPECTION REQUIRED

PERMITS REQUIRED: □ SEPTIC □ BUILDING □ DEMOLITION Comments:

INSPECTED BY : ACCEPTED BY:

PRINT NAME DATE CHIEF BUILDING OFFICIAL- PRINT NAME DATE

SIGNATURE SIGNATURE

APPENDIX “C” TO SCHEDULE “A” - Third Party Inspection Company Registration Form

A PPLIC AT IO N TO PR O VID E P H ASE 2 SEP TIC INS PE C TIO NS

IN TH E TO W N S HIP O F W AIN FLE ET

Compan y Name :

Date:

Address:

No. of Reg istered Employees :

Please provide the names and information for all employees involved in prov id ing inspection services (a ttach

additiona l pages if necessary):

Nam e Pos ition /Tit le B CIN or e xem ptio n

The Tow nship of W ainfleet assumes no legal or financial liability for the actions of the com pan ies conduc ting

Phase 2 Inspections within the Township . Therefore, all Phase 2 Inspection companies will be required to have

their own insurance coverage. P rov ide insurance details be low and attach a copy of your po licy:

Nam e of insu red : Policy # :

Ins uranc e C o.: Cop y of pol icy a ttach ed:

Sub ject to Div is ion C, Sec tion 1.10 .1.3 of the Ontario B uilding Code, no comp any shall p rovide Phase 2

inspections or certificates thereof if doing so would constitute a conflict o f interest , de fined as follows:

. ..a person wou ld b e in a conflic t of interest i f the person , or an officer, directo r, partne r or em plo yee ofthe person (whe re the person is a corporation o r partne rship ), or any person engaged by the personto pe rform functions for the perso n,

(a ) has partic ip ated o r partic ipa tes, in an y capac ity , in d esign activities or construction relating to an ypart of the sew age sys tem to wh ich the certif icate relates,(b ) is or has been em ployed w ithin the previous 180 days by a pe rson who carrie d out des ignactivities o r construc tion relating to any part o f the sewage sys tem to which the certificate relates ,(c) has a p ro fess ional o r f inan cial interest in,(i) the cons truct ion of the sew age system to which the cert ificate re lates ,(i i) the sew age system to which the ce rt ificate relates , or(i ii) the person responsible fo r the de sign of the sew age system to wh ich the certificate rela tes, or(d ) is an electe d off icial, off ice r or em ployee of a princip al au thority.

As such, no company shall provide a P hase 2 inspection on any property for which any of the ab ove m ayapp ly. A ny repair, installation or design services recommended during or as a result of a Phase 2 inspection shall beprovided by a sepa rate and dis tinct company from that prov iding the inspection and evaluation.

I, , be ing duly authorized to act on beha lf o f the above namedPrint name

company , do he reby acknowledge the regulations as s ta ted above and certify that all information prov ided herein is

true and correct as o f this date.

Au thorized S ign ature D a te

OFFICE U S E O NLY :

RECEIV ED:

APP R OV ED: Y ES N O

DETAIL S:



BYLAW NO. 008-2012

Being a bylaw pursuant to the provisions ofSection 34 of the Planning Act, R.S.O. 1990to amend Zoning Bylaw No. 581-78 of theCorporation of the Township of Wainfleet withrespect to those lands forming Part of Lots 28and 29, Concession 4, known municipally as43069 Wills Road, in the Township ofWainfleet.

WHEREAS the Corporation of the Township of Wainfleet has reviewed Zoning BylawNo. 581-78 and deems it advisable to amend same;

NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBYENACTS AS FOLLOWS:

THAT Map 4 on Schedule “B” of Zoning Bylaw No. 581-78, as amended, is hereby furtheramended by changing the zoning from “D – Development” to “R1 – Residential and “D –Development” to “A1 – 342” as shown on Schedule “A” hereto;

THAT Schedule “A” of Zoning Bylaw No. 581-78, as amended, is hereby furtheramended by changing the zoning from “A1” to “A1-342 as shown on Schedule “A” hereto;

THAT Section 31 entitled “Exceptions” from Zoning Bylaw 581-78, as amended, ishereby further amended by adding the following new subsection as follows:

342 Notwithstanding Sections 8.2.1 (e) to the contrary thefollowing shall apply to the existing barn:

(i) Minimum west side yard for the existing barn -6.00 m

THAT pursuant to Section 34(17) of the Planning Act, as amended, no further publicmeeting is required;

THAT this Bylaw shall come into force, take effect and be passed on the third and finalreading hereof subject to the provisions of Section 34 of the Planning Act.

BYLAW READ A FIRST TIME THIS 28TH DAY OF FEBRUARY, 2012.

BYLAW READ A SECOND TIME THIS 28TH DAY OF FEBRUARY, 2012.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS XX DAY OF ____________, 2012.

A. Jeffs, MAYOR

T. Lamb, CLERK

SCHEDULE “A” TO BYLAW NO. 008-2012


Lands to be rezoned from “D -Development” to “R1 - Residential”

THIS IS SCHEDULE “A” TOBYLAW NO.008-2012.PASSED THIS XX DAY OF______, 2012.

Lands to be rezoned from “A1 -Agricultural” & “D - Development” to“A1-342”

File No. Z-04-2011(NEWHOUSE ONIONS LIMITED)

MAYOR

CLERK



BYLAW NO. 009-2012

Being a bylaw to establish a Mandatory On-SiteSewage System Inspection Program in theCorporation of the Township of Wainfleet.

WHEREAS the Council of the Township of Wainfleet has deemed it expedient toimplement a mandatory on-site sewage system inspection program in the Township ofWainfleet, specifically within the lakeshore area currently under a Boil Water Advisory;

AND WHEREAS the regulatory power to enter onto private property is given underSection 15 “Inspection of Unsafe Building” in the Ontario Building Code Act (OBCA);

AND WHEREAS the intention of the mandatory on-site sewage system inspectionprogram is to identify and resolve hazards associated with malfunctioning and/or insufficientsewage systems;

AND WHEREAS the mandatory on-site sewage system inspection program is designedto raise awareness and provide education regarding the proper maintenance and operation ofon-site sewage systems, and is an important part of protecting public health, the naturalenvironment, property values and tourism;

AND WHEREAS the long term goal of this program is to achieve a way in which theTownship may monitor sewage systems in vulnerable and/or “at risk” areas and prevent anypollution to groundwater and nearby Lake Erie, and to restore the safety of potable water in thelakeshore area currently under a Boil Water Advisory;

AND WHEREAS Section 391 of the Municipal Act, S.O. 2001 authorizes municipalitiesto impose fees or charges on persons for services or activities provided or done by or on behalfof it;


THAT the attached Mandatory On-Site Sewage System Inspection Program,identified as Schedule “A” attached hereto and forming part of this bylaw ishereby approved for implementation;

AND THAT Council hereby authorizes the Township of Wainfleet PrivateSewage System Regulating Department to initiate this program as ofJune 1, 2012;

BL009-2012 PROCEDURAL BYLAW - MANDATORY 2012 02 28ON-SITE SEWAGE INSPECTION PROGRAM Page 2

AND THAT this Bylaw shall come into force and effect immediately upon finalpassing.

BYLAW READ A FIRST TIME THIS 28TH DAY OF FEBRUARY, 2012

BYLAW READ A SECOND TIME THIS 28TH DAY OFFEBRUARY, 2012.


A. Jeffs, MAYOR

T. Lamb, CLERK

SCHEDULE “A” TO BYLAW NO. 009-2012

MANDATORY ON-SITE SEWAGE INSPECTION PROGRAM

Contents

Background................................................................................................................................ 5

1.0 Proposed Plan of Inspections............................................................................................... 5

1.1 Geographic Location...................................................................................................... 5

1.2 Real Estate Inspections ................................................................................................. 5

1.3 Number and Time Frame of Maintenance Inspections ................................................ 6

1.4 Grandfathered Properties .............................................................................................. 6

2.0 Methods of Informing the Public of the Program................................................................... 6

3.0 Notification and Procedure to Inform Residents of Inspection Dates .................................... 6

3.1 Confirming Inspection Time .......................................................................................... 7

3.2 No Response from Home Owner(s)............................................................................... 7

3.3 Home Owner(s) Additional Documents......................................................................... 7

4.0 Phase I Inspection................................................................................................................ 7

4.1 Preparation before Inspection ....................................................................................... 7

4.2 Contents of Phase I Inspection ..................................................................................... 8

4.3 Photographs ................................................................................................................... 8

4.4 Phase I Inspection Report and Invoice ......................................................................... 8

5.0 Phase II – Follow-up Maintenance Inspections .................................................................... 8

5.1 Contents of Phase II- Follow-up Maintenance Inspections ......................................... 9

5.2 Time Frames for Phase II Inspections or to Rectify Sewage System Issue................ 9

6.0 Approved Third Party Inspection Companies ....................................................................... 9

6.1 Qualifications.................................................................................................................. 9

6.2 Conflict of Interest.........................................................................................................10

6.3 Random Audits ..............................................................................................................10

6.4 Phase II Inspection Report............................................................................................11

6.4.1 Contents of Phase II Inspection Report .....................................................................11

7.0 Close File............................................................................................................................11

8.0 Fee of Inspections...............................................................................................................11

8.1 Phase I Inspection .........................................................................................................11

8.2 Phase II Inspection ........................................................................................................11

9.0 Non Compliance .................................................................................................................12

9.1 No Payment of Inspection Fee.........................................................................................12

SCHEDULE “A” TO BYLAW NO. 009-2012 2012 02 28Page 2

9.2 No Action on Conducting a Phase II Inspection..........................................................12

9.3. Order to Comply ...........................................................................................................12

10.0 Staff of the Sewage System Regulating Department.........................................................12

11.0 Yearly Review of Program.................................................................................................13

Appendix “A” - Geographic Zones Map .....................................................................................14

Appendix “B” - Phase I Inspection Sheet...................................................................................15

Appendix “C” - Third Party Inspection Company Registration Form ..........................................18


Background

The Township of Wainfleet is proposing to develop a Maintenance Sewage SystemInspection Program to help improve the water quality within the “Boil Water Advisory” area ofWainfleet. The “Boil Water Advisory” was placed on the lakeshore area of Wainfleet onApril 10, 2006. Significant bacterial contamination has been found in private and communalwells within the area. It is believed that the contamination is related to failing or malfunctioningsewage systems. The goal of the Maintenance Inspection program is to find, repair or replacefailing or malfunctioning sewage systems that may be causing environmental and health riskswithin the Township of Wainfleet. The following report includes information that pertains to theprocedures of how the program will operate.

1.0 Proposed Plan of Inspections

Based on the report titled “On-Site Sewage System Maintenance Inspections” written by theBuilding and Development Branch of Ministry of Municipal Affairs and Housing on March 2011,principal authorities may choose to prioritize areas for inspection based on: known groundwateror surface water contamination related to sewage, previous drinking water issues at a well orintake related to sewage, age of on-site sewage system, and systems without records. TheMandatory Inspection Program will incorporate only the properties located within the “Boil WaterAdvisory” area within Wainfleet, this includes non waterfront properties as well.

1.1 Geographic Location

Geographic zones shall determine which systems will be inspected each year. Zone 1shall include inspections from Etling Rd to Brawn Rd the first year of the program. Zone2 sahll include inspections from Brawn Rd to Golf Course Rd within the second year ofthe program. Lastly, Zone 3 shall include from Golf Course Rd to Cement Rd the thirdyear of the program. After 3 years of the program has passed the next round ofinspections shall start at Zone 1 and continue the cycle again. A visual representation ofthe three zones within Wainfleet can be seen on Appendix A.

Benefits Drawbacks



Non biased towards older systems


1.2 Real Estate Inspections

The program shall incorporate inspections before a real estate transaction is made. Thisproperty will then be exempt from having a Maintenance Inspection until the next roundof the inspection program (3 years later).


Benefits

Eliminates properties selling withmalfunctioning sewage systems

Property will not need to beinspected until next inspection cycle(3 years later)

1.3 Number and Time Frame of Maintenance Inspections

The inspections associated with the Maintenance Inspection Program will occurthroughout the year. The length of an inspection season for the program will beseasonally dependant. Inspections will not occur if the sewage system cannot be visuallyidentified on the property due to elements such as snow or flooding. The program has agoal of 400 Maintenance Inspections a year to incorporate a 3 year re-inspection cyclefor 1200 properties within the “Boil Water Advisory” area of Wainfleet.

1.4 Grandfathered Properties

The concept of “Grandfathered Properties” relates to properties that are not required tohave a Maintenance Inspection until 3 years has passed. Properties that fall under thiscategory include newly installed systems, repaired systems, and real estate inspections.The justification behind the concept of Grandfathered Properties is to eliminate re-inspecting properties twice. Newly installed, repaired and real estate inspections havealready had adequate inspections conducted during the application or permit process.

2.0 Methods of Informing the Public of the Program

Four methods will be used to inform the public of the Mandatory Maintenance InspectionProgram for the first year. These methods include:

Public Meeting informing the public of the septic inspection program and fees

Ad in newspaper (The Welland Tribune)

Ad on Township website

June Trade Show

o The trade show is an opportunity for home owner(s) to become familiar with the

program. They can talk to local septic installers, local inspection companies,

septic designers, Wainfleet Sewage System Regulating Department and septic

suppliers etc.

Methods used to inform the public of the program following the first year the programcommences will include newspaper ads and ads on the Township of Wainfleet website.

3.0 Notification and Procedure to Inform Residents of Inspection Dates

Property owners will be informed by a letter sent to their current mailing address which willcontain the following information;

Overview/purpose of program

Inspection date for area


3.1 Confirming Inspection Time

The home owner will be notified of the month their property is expected to be inspected.Home owner(s) are required to be on site with the Inspector to clarify questions aboutthe sewage system. No exact times will be confirmed but general morning or afternooninspections will be guaranteed. The home owner is required to contact the office byphone, letter, or e-mail clarifying what day and time they prefer or if they are unable tobe on site during the inspection. If the home owner cannot meet the Inspector during theinspection, the home owner will be asked questions concerning the location, type, andage of their sewage system and are asked to submit a hand written drawing of theapproximate location of the sewage system on their property.

3.2 No Response from Home Owner(s)

If there is no response from a home owner confirming attendance at the inspection or apreferred time, the Inspector will conduct the inspection without the home owner presentand will include within the Phase I report that a phone interview will be required to gathermore information about the property’s sewage system such as when the last pump outwas, location, and age of sewage system. It will indicate within the report that anotification letter was sent in the mail and no response was given to the Township on apreferred time or date.

3.3 Home Owner(s) Additional Documents

Home owner(s) will be required to provide documentation that their septic tank or holdingtank has been pumped within the last 5 years. Failure to do so will result in theInspector to order the home-owner to have their tank pumped out. If the home ownerinsists the tank has been pumped but did not keep the receipt, they can contact thepumping company that pumped out the tank to supply the owner with the proper record.

If the home owner(s) have a copy of the Certificate of Approval from the Region ofNiagara, Regional Health Department or the Ministry of Environment they shall supplythe certificate to the Inspector should the Inspector be under the assumption that nosewage system records were found for the property.

The home owner(s) may wish to supply the Inspector with previous inspection reports ofthe sewage system. These records can assist the Inspector in determining what theproperty’s sewage systems condition is since it was inspected.


The purpose of the Phase I inspection is to determine if the property’s sewage systemshows signs of failure or malfunction based on the information gathered from research and asite inspection. If there are no records of a sewage system for the property and a systemcannot be identified on the property, a Phase II inspection shall be conducted to indicate howthe property’s sewage is being treated.

4.1 Preparation before Inspection

The previous records of the property (permits, real estate inspections, work orders etc.) withinthe “Boil Water Advisory” area of Wainfleet will be gathered prior to the Phase I Inspection.


These can be found by asking the Region of Niagara to conduct a file search relating tothe Maintenance Inspection Program. Once the records are received they will be placedwith a corresponding inspection sheet and will form part of the record when inspectioncommences.

4.2 Contents of Phase I InspectionThe Phase I inspection shall include the contents included within the document titled“On-Site Sewage System Maintenance Inspections” written by the Building andDevelopment Branch of the Ministry of Municipal Affairs and Housing, March 2011. TheInspector shall identify items a) to k) referenced in the document under Phase I -Maintenance Inspections. An example Phase I Inspection form can be seen onAppendix “B”.

A thorough Phase I Inspection shall be undertaken to make ensure that there is clearevidence of failure or malfunction of the sewage system. A site diagram will also berequired within the inspection report to ensure proper set backs are met and structuresare not obstructing the sewage system.

4.3 Photographs

Photographs may be taken by the Inspector if evidence of failure or malfunction is foundwith the sewage system. The photos will not be placed with the Phase I Inspectionreport sent to the owner. Photographs will act as evidence to support the Inspector’sfindings of a failing or malfunctioning sewage system.

4.4 Phase I Inspection Report and Invoice

After the Phase I Inspection has been conducted, the Inspector will write up a Phase IInspection report. The report will indicate if the property’s Maintenance Inspection file isclosed due to no issues or if issues were found. If required, a Phase II Inspection isrequired by an approved third party inspection company to identify any problem issues.

The inspection report will be attached to an invoice notifying the home owner(s) of theassociated inspection fee.The inspection report is copied and placed within the Township of Wainfleet MandatoryInspection Records. Inspections will be filed based on property address.

5.0 Phase II – Follow-up Maintenance Inspections

Home owner(s) will be notified in their Phase I Inspection report if a Phase II Inspection isrequired. Following the document titled “On-Site Sewage System Maintenance Inspections”written by the Building and Development Branch of Ministry of Municipal Affairs and Housing,March 2011, Phase II Inspections will occur when:

a) The Phase I maintenance inspection identified that the septic system is at risk offuture malfunction or failure; and/or

b) The Phase I inspection detected a malfunction or failure, but did not reveal thereason (e.g.location or nature) of malfunction or failure.


5.1 Contents of Phase II- Follow-up Maintenance Inspections

Contents of a Phase II Inspection of the tank, treatment system, leaching bed, andleaching bed blockages will follow the contents of Phase II- Follow up MaintenanceInspections found in the document “On-Site Sewage System Maintenance Inspections”written by the Building and Development Branch of Ministry of Municipal Affairs andHousing, March 2011. A third party inspection company must write up a reportindicating the type, location, size and condition of sewage system the propertypossesses. If no sewage system is found by a third party inspection company, a permitto construct a sewage system shall be submitted to the Township of Wainfleet.

The property will also be required to conduct a Phase II inspection if there are observedsigns of failure and malfunction of the sewage system. If there are no signs of failure ormalfunction on a property with a sewage system record, the file will be closed.

5.2 Time Frames for Phase II Inspections or to Rectify Sewage System Issue

Based on the severity of the site, time to comply with the Phase II inspection will begiven to property owner(s) stating when they will be required to have a Phase IIInspection conducted on their property. High severity sites will require an Order toComply placed on the property rather than a Phase II Inspection since immediaterectification will be needed to improve the conditions of the failing and malfunctioningsewage system. High severity sites will include observed raw sewage on the groundsurface or pooling of effluent on the surface etc. A Phase II Inspection used todetermine current treatment of sewage or whether the current sewage system has noncompliance issues will be required within 30 days of the Phase I Inspection report. If thePhase II Inspection has not been carried out within 30 days of the Phase I InspectionReport an Order to Comply will be placed on the property. Some extensions will begranted to properties requiring the Phase II inspection due to weather.

6.0 Approved Third Party Inspection Companies

Phase II Inspections involve the home owner(s) contacting a third party sewage systeminspection company approved by the Township of Wainfleet.

6.1 Qualifications

To be an approved third party inspection company the Township of Wainfleet requiresthat the signing authority have the qualifications of a current Building Code IdentificationNumber (BCIN) and be registered as a designer or Inspector. If the signing authority is anengineer or architect, no BCIN is required based on the qualifications set out in theOntario Building Code (OBC). The Ontario Regulation 350/06 states that:


(3) Subject to Sentence (4), the following persons are authorized to sign acertificate referred to

in Sentence (1):

(a) a person registered under Article 3.2.4.2. in the class of registration set out inColumn 2 of Row 10 of Table 3.5.2.1.,

(b) a person registered under Article 3.3.3.2.,


(c) an architect,

(d) a professional engineer.

The third party inspection company must fill out the Township’s “Third Party RegistrationForm” and have proof of valid septic insurance. If the company has all of theserequirements they will be placed on the Township’s approved Third Party InspectionCompany List. Only those companies approved on the Township’s list will be authorizedto carry out the Phase II Inspections of the Mandatory Inspection Program. The thirdparty registration form can be seen on Appendix “C”.

6.2 Conflict of Interest

Third party inspection companies that inspect sewage systems for the purpose of theMandatory Inspection Program are prohibited to install or make changes to the sewagesystem they inspected. This is a conflict of interest as stated in Ontario Regulation350/06.

1.10.1. Discretionary Maintenance Inspection Programs


(4) A person shall not sign a certificate referred to in Sentence (1) if theperson would be in a conflict of interest.

(5) For the purposes of Sentence (4), a person would be in a conflict ofinterest if the person, or an officer, director, partner or employee of the person(where the person is a corporation or partnership), or any person engaged by theperson to perform functions for the person;

(a) has participated or participates, in any capacity, in design activities orconstruction relating to any part of the sewage system to which thecertificate relates,

(b) is or has been employed within the previous 180 days by a person whocarried out design activities or construction relating to any part of thesewage system to which the certificate relates,

(c) has a professional or financial interest in;

(i) the construction of the sewage system to which the certificaterelates,

(ii) the sewage system to which the certificate relates, or

(iii) the person responsible for the design of the sewage system towhich the certificate relates, or

(d) is an elected official, officer or employee of a principal authority.

6.3 Random Audits

The approved third party inspection companies will be audited by staff of the SewageSystem Regulating Department of the Township of Wainfleet. Random audits will bedone within a given year based on complaints or follow ups that inspections are actuallybeing conducted. The Township holds the right to remove a third party company fromthe Township’s approved list if the third party inspection company’s qualifications are notvalid or proper inspection protocol is not being conducted.


6.4 Phase II Inspection Report

Once the third party inspection company believes the issues found during the Phase IInspection have been rectified, a report is written by the inspection company andsubmitted to the Township of Wainfleet office to be reviewed by the Sewage SystemRegulating Department.

6.4.1 Contents of Phase II Inspection Report

A third party inspection company shall include the following within their Phase IIInspection Report;

a) Identification of property attended and/or identification of any information

collected as part of the inspection (e.g. Pump out receipts)

b) Status of deficiencies noted in previous inspections

c) Deficiencies identified during the current visit

d) Enforcement action taken

These contents can be found under the Inspection Report heading within thereferenced document titled “On-Site Sewage System Maintenance Inspections”March 2011 written by the Building and Development Branch of Ministry ofMunicipal Affairs and Housing.

7.0 Close File

After the Township has conducted a Phase I Inspection and no issues found with theexisting sewage system, the property’s Maintenance Inspection file can then be closed until thenext round of inspections 3 years later. If after a Phase I Inspection was conducted a Phase IIInspection was required, the Sewage System Regulating Department Inspectors will review thePhase II Inspection Report written by the approved third party inspection company. If theInspectors feel the report confirms the issue have been rectified then the property’smaintenance inspection file will be closed until re-inspections 3 years later. A follow-upinspection may be necessary for the Inspector to visually confirm that the issues have beenrectified.

8.0 Fee of Inspections


Based on the costs to run this program with a Chief Building Official, AdministrativeAssistant, and two Septic Inspectors inspecting 400 properties a year, the cost of thePhase I Inspection fee required by property owner(s) within the Boil Water Advisory areaof Wainfleet is expected to be $ 540.00 for the first 3 years of the program. The fee canbe paid by the home owner(s) with cash, debit, or cheque made out to the Township ofWainfleet. The transaction will be entered within the Township’s database asMaintenance Inspection Program.

At the conclusion of the first three years of the program, the inspection fee will bereviewed and adjusted according to the revenues and expenses of the program.

8.2 Phase II Inspection

It is at the home owner(s) expense to have a Phase II Inspection or the installation of anew sewage system be carried out. Home owner(s) shall abide by the rules set out in


the operation and maintenance section of the OBC 8.9.1.2. If the home owner(s)choose(s) not to upgrade their system or rectify their sewage system issue they are inviolation of this section of the OBC and shall be served with an Order to Comply.

9.0 Non Compliance

9.1 No Payment of Inspection Fee

After the Phase I Inspection, the Inspector will write up an inspection report and issue itto the home owner(s) along with an invoice. The inspection fee will require paymentwithin 30 days of sending out the report and invoice. If the home owner(s) do not paythe fee within 30 days, a second reminder will be sent to the home owner(s) to pay thegiven fee within 60 days. A third and final reminder will be given to the home owner(s) ifthey have yet to pay the fee after 90 days from when the letter was sent. After 90 dayshas passed without a payment received the fee will be placed on the property owner’stax bill for the corresponding property where the inspection took place.

9.2 No Action on Conducting a Phase II Inspection

If the Phase II Inspection has not been carried out within 30 days of the Phase IInspection report mailed to the owner, an Order to Comply shall be placed on theproperty. Time frames of Order to Comply are based on the conditions written on theorder. Based on the Ontario Building Code Act Section 12-(2) Order, an Inspector mayrequire an order to be carried out immediately or within such time as specified in theorder. Some extensions will be granted to properties requiring a Phase II Inspection dueto weather conditions.

9.3. Order to Comply

The home owner(s) will be sent the Order to Comply in the mail and one will be postedon the property the Order to Comply is issued to. The order will include information suchas:

OBC Part 8 Violations

Remedial steps necessary to render the sewage system safe

Time frame order must be carried out

A total of three notices will be given out to property owners not rectifying the Order toComply. If the Order to Comply still has not been resolved, charges will be laid due tonon compliance with the rules and regulations set out in the OBC.

10.0 Staff of the Sewage System Regulating Department

Since January 2, 2012 the Township of Wainfleet has been providing services andenforcement for Part 8 of the Ontario Building Code. Staff shall coordinate to run both regularPart 8 compliance of new sewage system installations, repairs and complaints alongside theMaintenance Inspection Program within the “Boil Water Advisory” area of Wainfleet. Uponfurther examination of the program it may be determined that a Junior Inspector is required toassist in conducting the required 400 inspections annually will be required. See organizationalchart below. The tentative start date of the program is June 1, 2012.


11.0 Yearly Review of Program

After each year of the Maintenance Inspection Program the Staff of the Sewage SystemRegulating Department shall review the strengths and weaknesses of the program. Annualinspections will help to improve the quality of the program by identifying how to deal withsituations or issues in a more organized, consistent approach. Each year it is expected that theprogram will gain more experience thus improving the quality and effectiveness of the program.

Figure 1: Internal Staff of Maintenance Inspection Program

APPENDIX “A” TO SCHEDULE “A” - Geographic Zones Map

APPENDIX “B” TO SCHEDULE “A” - Phase I Inspection Sheet

PHASE 1 INSPECTION SHEET

ADDRESS: DATE:OTHER INFO:

OWNER:

ROLL #:

OCCUPANCY TYPE:

MAILING ADDRESS: VOLUME/DAY (EST.):

INFO RECORDED INFILES

CLASS CERTIFICATEOF

APPROVALYes No

PERMIT #

Date:

TANK

TYPE:

SIZE:

BED/TRENCH

TYPE:

SIZE:

INFORECORDEDON SITE

CLASS WATER LINE INTO DWELLING(S): Yes No PRESSURIZED: Yes No

SEWER LINE OUT OF DWELLING(S) VISIBLE: Yes No PUMP: Yes No

PIPE SIZE: CONDITION:TILE BED TYPE: □ Trench □ Filter

L: W: D:

TOTAL AREA:

# OF RUNS (IF APPLIC.):

SEPTIC TANK:

TYPE:

SIZE:

PUMP CHAMBER: Yes No

TYPE:

SIZE:

TOTAL TRENCH LENGTH: CONDITION: CONDITION:

RECORD(S) OF TANK PUMPOUT?

Yes No

If yes, date of most recent pumpout:

Frequency of pumpouts (if known):

COMMENTS:

□ GREY WATER PIT – CLASS 2

TYPE:

SIZE:

CONDITION:

□ PRIVY – CLASS 1

TYPE:

SIZE:

CONDITION:

□ HOLDING TANK – CLASS 5

TYPE:

SIZE:

CONDITION:


VEGETATION & GENERALCONDITION:

GROUND WATER LEVEL (approx.): DETERMINED BY:□ MAPS, RECORDS, ASSESSMENTS□ OBSERVATION (SIGNS OF INFILTRATION)□ NEARBY WATER BODY □ HAND AUGER

□ OTHER (provide details):

COMMENTS:

SITE LAYOUT AND SYSTEMLOCATION:

TYPE OF WELL:□ DRILLED □ DRY □ DUG □ CISTERN

DISTANCE TO:

TANK: BED:

SURFACE WATER: Yes No

DISTANCE TO:

TANK: BED:

OTHER COMMENTS (specialdevices / fixtures in use, etc.):


IS THERE ANY VISUAL INDICATION THAT A COMPONENT(S) OF THE SEWAGE SYSTEM IS UNSAFE ATTHIS TIME? Yes No

(VISIBLE BREAKOUT, EROSION, POOR GRADING, EXCESSIVE VEGETATION, ETC.)

IF YES, DESCRIBE:

OVERALL RISK ASSESSMENT: □ HIGH □ MODERATE □ LOW

□ FILE CLOSED- SYSTEM IN COMPLIANCE □ OTHER REMEDY REQUIRED (provide details):

□ PHASE 2 INSPECTION REQUIRED

PERMITS REQUIRED: □ SEPTIC □ BUILDING □ DEMOLITION Comments:

INSPECTED BY : ACCEPTED BY:

PRINT NAME DATE CHIEF BUILDING OFFICIAL- PRINT NAME DATE

SIGNATURE SIGNATURE

APPENDIX “C” TO SCHEDULE “A” - Third Party Inspection Company Registration Form

A PPLIC AT IO N TO PR O VID E P H ASE 2 SEP TIC INS PE C TIO NS

IN TH E TO W N S HIP O F W AIN FLE ET

Compan y Name :

Date:

Address:

No. of Reg istered Employees :

Please provide the names and information for all employees involved in prov id ing inspection services (a ttach

additiona l pages if necessary):

Nam e Pos ition /Tit le B CIN or e xem ptio n

The Tow nship of W ainfleet assumes no legal or financial liability for the actions of the com pan ies conduc ting

Phase 2 Inspections within the Township . Therefore, all Phase 2 Inspection companies will be required to have

their own insurance coverage. P rov ide insurance details be low and attach a copy of your po licy:

Nam e of insu red : Policy # :

Ins uranc e C o.: Cop y of pol icy a ttach ed:

Sub ject to Div is ion C, Sec tion 1.10 .1.3 of the Ontario B uilding Code, no comp any shall p rovide Phase 2

inspections or certificates thereof if doing so would constitute a conflict o f interest , de fined as follows:

. ..a person wou ld b e in a conflic t of interest i f the person , or an officer, directo r, partne r or em plo yee ofthe person (whe re the person is a corporation o r partne rship ), or any person engaged by the personto pe rform functions for the perso n,

(a ) has partic ip ated o r partic ipa tes, in an y capac ity , in d esign activities or construction relating to an ypart of the sew age sys tem to wh ich the certif icate relates,(b ) is or has been em ployed w ithin the previous 180 days by a pe rson who carrie d out des ignactivities o r construc tion relating to any part o f the sewage sys tem to which the certificate relates ,(c) has a p ro fess ional o r f inan cial interest in,(i) the cons truct ion of the sew age system to which the cert ificate re lates ,(i i) the sew age system to which the ce rt ificate relates , or(i ii) the person responsible fo r the de sign of the sew age system to wh ich the certificate rela tes, or(d ) is an electe d off icial, off ice r or em ployee of a princip al au thority.

As such, no company shall provide a P hase 2 inspection on any property for which any of the ab ove m ayapp ly. A ny repair, installation or design services recommended during or as a result of a Phase 2 inspection shall beprovided by a sepa rate and dis tinct company from that prov iding the inspection and evaluation.

I, , be ing duly authorized to act on beha lf o f the above namedPrint name

company , do he reby acknowledge the regulations as s ta ted above and certify that all information prov ided herein is

true and correct as o f this date.

Au thorized S ign ature D a te

OFFICE U S E O NLY :

RECEIV ED:

APP R OV ED: Y ES N O

DETAIL S:

OPPOSITION TO NIAGARA PENINSULA CONSERVATION AUTHORITY

FLOODPLAIN MAPPING

WHEREAS the Niagara Peninsula Conservation Authority is constantly updating floodplain mapping

to reflect changes in bridges, culverts, land development and other modifications within the

landscape that may have an effect on the extent of the floodplain;

AND WHEREAS the Niagara Peninsula Conservation Authority is proposing an expansion to the

historical limits of the floodplain based on the results of the Central Welland River 100 Year

Floodplain Mapping Study dated March 2011;

AND WHEREAS the proposed floodplain mapping impacts approximately 268 properties within the

Township of Wainfleet;

AND WHEREAS affected property owners are concerned that proposed restrictions by the Niagara

Peninsula Conservation Authority on properties within the floodplain may negatively affect property

valuations, the ability to develop or re-develop, the ability to build, the ability to mortgage or re-

mortgage, the ability to insure, the ability to use land to conduct business or for their own purposes

and enjoyment, and any other restrictions that may be caused by changes to the floodplain limits;

AND WHEREAS the Welland River Floodplain Committee (composed of local residents) addressed

various concerns regarding the proposed floodplain mapping to Council for the Township of

Wainfleet at its regularly scheduled Council meeting held on January 19, 2012;

THEREFORE NOW BE IT RESOLVED that Council for the Township of Wainfleet hereby supports

and encourages the Welland River Floodplain Committee, and those they represent, in establishing

an open line of communication between the Niagara Peninsula Conservation Authority, the authors

of the said reports and affected property owners regarding the proposed floodplain mapping;

AND BE IT FURTHER RESOLVED that the Township of Wainfleet encourages the City of Welland,

Welland Recreational Canal Corporation, St. Lawrence Seaway Authority, and Ontario Power

Generation that currently control existing hydraulic infrastructure on the Welland River to improve

and maintain that infrastructure to help minimize the possibility or severity of flooding;

AND BE IT FURTHER RESOLVED that the Township of Wainfleet encourages the Niagara

Peninsula Conservation Authority in consultation with impacted property owners, to develop and

implement non-restrictive policies that minimize or eliminate the stated concerns raised by property

owners who are affected by floodplain mapping along the Welland River and its tributaries in the

Township of Wainfleet without compromising the ability to protect the public from avoidable loss of

property and life;

AND BE IT FURTHER RESOLVED that the Clerk forward copies of this resolution to the Town of

Pelham, City of Welland, Township of West Lincoln, Welland Recreational Canal Corporation, St.

Lawrence Seaway Authority and Ontario Power Generation for their consideration and support.



BYLAW NO. 010-2012

Being a bylaw to adopt, ratify and confirm theactions of the Council at its regular meeting heldon the 28th day of February, 2012.

WHEREAS Subsection 5 (1) of the Municipal Act, 2001, S.O. 2001, Chapter M.25, asamended, provides that the powers of a municipal corporation are to be exercised by its Council;

AND WHEREAS section 5 (3) of the Municipal Act 2001, S.O. 2001, Chapter M.25, asamended, provides that, except if otherwise authorized, the powers of Council shall be exercised bybylaw;

AND WHEREAS it is deemed desirable and expedient that the actions of the Council asherein set forth be adopted, ratified and confirmed by bylaw;


1. (a) The actions of the Council at its meeting held on the 28th day of February, 2012including all resolutions or motions approved, are hereby adopted, ratified andconfirmed as if they were expressly embodied in this bylaw.

(b) The above-mentioned actions shall not include:

(i) any actions required by law to be taken by resolution, or

(ii) any actions for which prior Ontario Municipal Board approval is required, untilsuch approval is obtained.

2. The Mayor and proper officials of the Corporation of the Township of Wainfleet arehereby authorized and directed to do all things necessary to give effect to the above-mentioned actions and to obtain approvals where required.

3. Unless otherwise provided, the Mayor and Clerk are hereby authorized and directed toexecute and the Clerk to affix the seal of the corporation of the Township of Wainfleet to alldocuments necessary to give effect to the above-mentioned actions.

4. This bylaw shall come into force on the day upon which it is passed.

BYLAW READ A FIRST TIME THIS 28th DAY OF FEBRUARY, 2012.

BYLAW READ A SECOND TIME THIS 28th DAY OF FEBRUARY, 2012.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 28th DAY OF FEBRUARY, 2012.

A. Jeffs, MAYOR

T. Lamb, CLERK