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3207 To authorize an agreement between the Town of Tillsonburg and the Oxford County Department of Public Health & Emergency Services (Oxford County Board of Health)BY-LAW NUMBER 3207 OF THE CORPORATION OF THE TOWN OF TILLSONB UR G A BY-LAW to authorize an agreement between the Corporation of the Town of Tillsonburg and the Oxford County Department of Public Health & Emergency Services (Oxford County Board of Health) WHEREAS The Town of Tillsonburg deems it necessary to enter into an agreement with the Oxford County Department of Public Health & Emergency Services (Oxford County Board of Health); THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" and forming part of this By-law between the Corporation of the Town of Tillsonburg and the Oxford County Department of Public Health & Emergency Services (Oxford County Board of Health) is hereby approved; 2. THAT this agreement shall be for the purpose of delegating to the Oxford County Department of -'Public Health & Emergency Services (Oxford County Board of Health) certain responsibilities under the Act with respect to sewage systems, for the period of April 6, 2006 to April 6, 2011. 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 24th DAY OF April, 2006. READ A THI AND FINAL TIME AND PASSED THIS 24th DAY OF April, 2006. P� MAYOR -Stephen Molnar 11 4 CLERK -Michael Graves SEWAGE SYSTEM MANAGEMENT AGREEMENT BETWEEN THE OXFORD COUNTY DEPARTMENT OF PUBLIC HEALTH & EMERGENCY SERVICES (OXFORD COUNTY BOARD OF HEALTH) or any subsequent assigns including the County of Oxford April :2006 THE CORPORATION OF THE TOWN OF TILLSONBURG SEWAGE SYSTEM MANAGEMENT AGREEMENT This Agreement dated as of the day of BETWEEN: OXFORD COUNTY PUBLIC HEALTH & EMERGENCY SERVICES (THE OXFORD COUNTY BOARD OF HEALTH) (hereinafter called the "Health Unit"), or any subsequent assigns including the County of Oxford OF THE FIRST PART -AND- THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS this Agreement is being entered into pursuant to Section 6.2 (1) of the Building Code Act, 1992, (hereinafter called the "Act"), for the purpose of delegating to the Health Unit certain responsibilities under the Act and the Building Code, as they are from time to time amended, as set out herein with respect to sewage systems (with a capacity of less than 10,000 litres per day); NOW THEREFORE IN CONSIDERATION of the mutual covenants herein contained, the parties hereto hereby agree as follows: ARTICLE ONE GENERAL Section 1.01 Application: This Agreement shall be applicable to all lands where no municipal sewers are readily available in the Municipality (hereinafter called the "Lands"). Section 1.02 Duties: The Health Unit shall faithfully carry out its duties hereunder in accordance with the Act and the Building Code in force from time to time, this Agreement, and any other legislation contemplated hereunder. Section 1.03 The Health Unit has the expertise to provide to the Municipality the services identified in this Management Agreement. Section 1.04 The parties acknowledge that the Chief Building Official and Inspectors of the Municipalities appointed under Sections 3 and 4 of the Building Code Act shall not exercise their 2.... potiNlers under the Act in respect to sewage systems once this Sewage System Management Agreement is in effect. Section 1.05 This Sewage System Management. Agreement may, by mutual agreement, be amended in writing from time to time, to reflect changes in the programs of the parties to this Sewage System Management Agreement, and/or as a result of7 changes in legislation or provincial policies, and,,, as a result of subsequent discussions between the parties. Section 1.06 Schedules A to D form part of this Management Agreement. ARTICLE TWO DEFINITIONS Section 2.01 In this Agreement, (i) "Director" means the Director of the Department of Public Health & Emergency Services for Oxford County. "Sewage System" means any works for the collection, transmission, treatment and disposal of sewage or any part of such works to which the Act applies with a capacity of less than 10,000 litres which is not owned and operated by the Crown, a municipality, or an organization acceptable to the Director responsible for issuing a Certificate of Approval under the Water Resources Act. "Inspector" means an inspector appointed under the Building Code Act, 1992, as amended; and Section 5.01 of this agreement. ARTICLE THREE SERVICES OF THE HEALTH UNIT Section 3.01 Services: The Health Unit shall provide the following services in relation to the Lands: (i) Must cavy out an inspection of land which is planned to be divided by severance 3.... Where no municipal sewage ser -'ices are proposed to ensure that each lot will be suitable for the installation of a Sewage Sy stens. Inspection of properties prior to the issuance of a pen -nit for the construction, installation, establishment, enlargement, extension or alteration of a Sewage S � stern. (111) Following the issuance of a permit, inspection, and reinspection when necessary, of Sewage System installations to ascertain compliance with the pen -nit and other requirements under the Act or Building Code. (iv) Land inspections to determine the acceptability of applications for Minor Variances or lot line adjustments, as they relate to existing and proposed Sewage Systems, and review of official plans, zoning by-laws, and amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems. (v) Issue permits under the Act and Building Code relating to Sewage Systems (a "Pen -nit"). (vi) Receive and process applications and requests related to activities listed in paragraphs (i) through (v) of this Section. ( vii) Provide reports and comments on Minor Variances and Severances directly to the appropriate planning authority. (viii) Review planning documents including, but not limited to, subdivision proposals, draft official plans, and proposed amendments, to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems. (ix) Attend meetings of the Municipal Council and its committees to discuss matters relating to any provisions of the Act or Building Code relating to Sewage Systems. (x) Maintain adequate records of all documents and other materials used in performing the duties required under this Agreement. (xi) Upon reasonable notice by the Municipality, provide reasonable access to the Municipality of all records kept under Part 8 of the Building Code. (,x11) Consult with various groups regarding compliance with provisions of the Act and Building Code relating to Sewage Systems. (xiii) Respond to inquiries relative to Sewage System records made by any person under the Freedom of Inforination and Protection of Privacy Act and related Regulations, as amended from time to time, or through any other legal channel. (xiv) Investigate complaints and malfunctioning Sewage Systems, undertake compliance counseling and preparation of reports for abatement action as it relates to existing and proposed Sewage Systems. (xv) Issue orders under the Act relating to Sewage Systems. (xvi) Prepare documentation necessary for prosecution activities relating to Sewage Systems under the Act and the Building Code. Administer proceedings relating to Sewage Systems pursuant to the Provincial. Offences Act, R.S.O. 1990, c .P.33. (xvi1) The Health Unit shall provide all forms necessary for the administration of this Agreement. (xviii) Any other matters related to the administration or enforcement of the Act or Building Code relating to Sewage Systems. (xix) The Health Unit, for the purposes of the administration and enforcement of the Act and the Regulations and for carrying out the powers and duties under the Act, shall collect statistical and other information and keep such records. The Municipality may require information from the Health Unit concerning the administration of the Act and Regulations as they pertain to Sewage Systems and statistical and other information relevant to the quality of the environment. The m Health Unit will provide such information from time to time in a form stipulated by the Municipality to enable the Municipality to combine this data with data from other parts of the province. ARTICLE FOUR FEES Section 4.01 Collection of Fees: Oxford County Public Health & Emergency Services (Oxford County Board of Health) shall collect and retain all fees, as set out in Schedule A, payable by any person for work performed by the Health Unit hereunder as compensation for its services provided hereunder and all persons required to pay any such fee shall pay the fee to the Health Unit. Section 4.02 Amendment of Fee Schedule: The Health Unit shall have the sole discretion, acting r^easonably, to amend the fees as set out in Schedule A from time to time and shall give notice to the1ul�icil ality of aiiy such change. Section 4.0; The Municipality shall provide assistance, subject to availability of resources, with respect to prosecutions, appeals, and other matters that come before municipal tribunals or tribunals under the Act and Regulations. ARTICLE FIVE INSPECTORS Section 5.01 Qualifications: An Inspector must be qualified in accordance with the requirements of Section 15.11 of the Building Code Act and only people meeting one of the following qualifications shall be employed by the Health Unit as an Inspector for the purposes of this Agreement: (a) Certificate in Public Health Inspection (,b) Certified Engineering Technologist or equivalent. Section 5.02 Appointment: The Director of Public Health & Emergency Services for Oxford County shall be responsible for the appointment of all Inspectors and shall issue a certificate of appointment bearing his or her signature, or a facsimile of it, to each Inspector appointed by the Health unit. ARTICLE SIX LIABILITIES AND INSURANCE Section 6.01 Liability of the Health Unit: The Health Unit shall indemnify and save harmless the Municipality from and against all claims, demands, losses, costs, damages, actions, suits or proceedings by whomsoever made, brought or prosecuted in any manner based upon, arising out of, related to, occasioned by, or attributable to the activities of the Health Unit in executing any work under this Agreement. Section 6.02 Insurance: For the term of this Agreement, the Health Unit will, at its expense, 7= maintain lu-ibilit-11 insurance contracts of a nature, in the amounts and containing the terms and conditiotis if ally, it considers i'l.ccessary. ARTICLE SEVEN TERM AND TERMINATION OF AGREEMENT Section 7.01 Term: This Agreement shall continue in force for a period of five years commencing April 6, 2006 and ending April 6, 2011. Section, 7.02 Termination: This Agreement may not be terminated prior to the end of the term set -N out in Section 7.01 hereto unless such termination is agreed to in writing by both parties hereto. 7.... ARTICLE FIGHT MISCELLANEOUS Section 8.01 Preamble: The preamble hereto shall be deemed to form an integral part hereof. Section 8.02 Gender: whenever the singular fonn is used in this Agreement and, when required by the context, the same shall include the plural, the plural shall include the singular, and the masculine gender shall include the feminine and neuter genders. Section 8.03 Amendments: This Agreement shall not be changed, modified, terminated or discharged in whole or in part except by instrument in writing signed by the parties hereto, or their respective successors or permitted assigns, or otherwise as provided herein. Sectiotl 8.04 Assignment: This Agreement shall not be assignable by either party hereto without the written consent of the other party being first obtained. Section 8.05 Notices: Any notice, report or other communication required or permitted to be given hereunder shall be in writing unless some other method of giving such notice, report or other communication is expressly accepted by the party to whom it is given and shall be given by being delivered or mailed to the following addresses of the parties respectively: (a) To the Health Unit: The Oxford County Public Health & Emergency Services 410 Buller Street Woodstock, Ontario N4S 4N2 Attention: M.R. Bragg, Director of Public Health & Emergency Services (b) To the Municipality: Mayor -for the Township of Clerk Any notice, report or other written communication, if delivered, shall be deemed to have been given or made on the date on which it was delivered to any employee of such party or, if mailed postage prepaid, shall be deemed to have been given or made on the third business day following the date on which it was mailed (unless at the time of mailing or within forty-eight hours thereof there shall be a strike, interruption or lock -out in the Canadian postal service, in which case service shall be by way of delivery only). Either party may at any time give notice in writing to the other party of the change of its address for the purpose of this Section. Section 8.06 Headings: The section headings hereof have been inserted for the convenience of reference only and shall not be construed to affect the meaning, construction, or effect of this Agreement. Section 8.07 Govemin.gy, Law: The provisions of this Agreement shall be construed and interprel,ted in accordance with the laws of the Province of Ontario as at the time in effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first \A,,rltten above. THE COUNTY OF OXFORD Warden C.A.O. THE COR, , ~RATIO OF MaV"or Clerk SCHEDULE "A" Sewage System Management Agreement Fee Structure Sewage System Building Permit Categories A. Daily Sewage Flow not exceeding 10,000 Litres /day (Class 4,5) 5550.00 B. Class 2 System (Leaching Pit) Certificate of Approval required 100.00 C. Change of Use Permit 220.00 D. Performance Level Review (tile and site inspection) 110.00 E. Site Review Assessment (site inspection) 50.00 Land Control Reviews F. Subdivision (per lot to maximum $1,500.00) $80.00 G. Severance/ Minor Variance/Zoning (per lot) 80.00 H. File Search $110.00 I. Urgent File Search (Mortgage Appraisal less than 2 weeks) H + $50 Schedule of Fees --2006-2011 Permit Category 2006 2007 2008 2009 2010 2011. A $550 566 585 600 620 640 C $220 230 235 240 248 255 D 5110 113 117 120 124 128 H $110 113 117 120 124 128 10.... SCHEDULE «B„ Forms Fonn 1 Application for Sewage System Building Permit Form 2 Application for Change of Use Permit Form 3 Application for Conditional Permit Form 4 Site Plan Foran `5 Perforn-iance Level Review Folin 6 Site Review Assessment (Site Inspection) Form 0 Declaration of Soil Analysis Form 8 Orders (various types) Forms 1,213,4 may be included in a single combined application form for all permits SCHEDULE 64U' List of Plans or Working Drawing to accompany applications for permits 1) The Site Plan 2) Sewage System Drawing 3) Soils Report or Percolation Results Report 12.... SCHEDULE "D" Refunds Status of Percentage of Fees Permit Application Edible for Refund 1) Application filed. 80% No processing or review of plans submitted 2) Application filed. Plans reviewed and permit issued 60% 3) Additional deduction for each field inspection that had been performed 30% 4) Permits valued at less than $100.00 0% Note: Percentages shown are examples only and are not intended to be representative 13....