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171127 Council AGD Packet2
Table of Contents Agenda 3 November 13, 2017 Council Minutes 171113 Council MIN 10 Special Awards Committee 17-02 - Citizen of the Year SAC 17-02 23 Special Awards Terms of Reference, revised November 2017 25 Application for Zone Change - ZN 7-17-12 - Anne Marie Veldman - 28 Old Vienna Road Application ZN 7-17-12 29 ZN 7-17-12 Report 34 Report Attachments 40 Request for Extension to Draft Plan Approval - 32T-06005 (Andrews Crossing) 32T-06005 _DAE 43 Plate 1 46 Plate 2 47 Report DCS 17-38 - Economic Development and Marketing Third Quarter Summary Report DCS 17-38 48 Financial Summary 51 FIN 17-36 - 2018 Capital Pre-Budget Approval Projects 53 OPS 17-32 - Quarter Town Line Corridor Management Study OPS 17-32 Quarter Town Line Corridor Management Study 58 170219 (Tillsonburg) Council Meeting November 27 2017 (2)63 OPS 17-30 - Results for RFP 2017-011 Street Sweeper OPS 17-30 Results for RFP 2017-011 Street Sweeper 80 OPS 17-31 - Results for RFP 2017-010 LED Streetlight Conversion Project OPS 17-31 Results for RFP 2017-010 LED Streetlight Conversion Project 82 OPS 17-31 Attachment 1 - OPS 17-19 LED Streetlight Conversion 84 OPS 17-31 Attachment 2 - Draft Consultant Agreement 91 Committee Minutes 171026 Museum MIN 110 171030 Mem Park MIN 113 171102 HBC MIN 116 171120 Canada 150 MIN 118 By-Law 4149, To Amend Zoning By-Law 3295 (ZN 7-17-12) By-Law 4149 121 Schedule A 123 1 Explanatory Note 124 Key Map 125 By-Law 4151, Town of Tillsonburg Site Plan Control By-Law 4151, Site Plan Control 126 By-Law 4151, Schedule A TSPC Guidelines 138 By-Law 4151 Appendix A Site Plan Guidelines 172 By-Law 4151 Appendix B Application Form 178 By-Law 4152, To Confirm the Proceedings of Council By-law Confirming 186 2 = 1. Call to Order 2. Closed Session Proposed Resolution #1 Moved By: Seconded By: THAT Council move into Closed Session to consider: 1. labour relations or employee negotiations (labour negotiations). 3. Adoption of Agenda Proposed Resolution #2 Moved By: Seconded By: THAT the Agenda as prepared for the Council meeting of Monday, November 27, 2017, be adopted. 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof 6. Adoption of Council Minutes of Previous Meeting 6.1. Minutes of the Meeting of November 13, 2017 171113 Council MIN Proposed Resolution #3 Moved By: Seconded By: THAT the Minutes of the Council Meeting of November 13, 2017, be approved. The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, November 27, 2017 4:30 PM Council Chambers 200 Broadway, 2nd Floor AGENDA 3 Council Meeting – Agenda - 2 - 7.Delegations and Presentations 7.1 Introduction of Laura Pickersgill, Legislative Services Coordinator 7.2. Volunteer Achievement Award - Presentation to Maurice DeBruyne Presenter: Matthew Scholtz, Chair, Special Awards Committee 8.Committee Reports & Presentations 8.1. Special Awards Committee 17-02 - Citizen of the Year Presenter: Matthew Scholtz, Chair, Special Awards Committee SAC 17-02 Special Awards Terms of Reference, revised November 2017 Proposed Resolution #4 Moved By: Seconded By: THAT Council receive Report SAC17-02, Citizen of the Year; AND THAT the revised Terms of Reference for the Special Awards Advisory Committee, to include the Citizen of the Year process, be approved; AND THAT commencing 2018 the Town of Tillsonburg Special Awards Advisory Committee be responsible for the Citizen of the Year Award. 9.Public Meetings 9.1. Application for Zone Change - ZN 7-17-12 - Anne Marie Veldman - 28 Old Vienna Road Application ZN 7-17-12 ZN 7-17-12 Report Report Attachments Proposed Resolution #5 Moved By: Seconded By: THAT Council approves the Zone Change Application submitted by Anna Veldman, whereby the lands described as Parts 1 & 2 of 41R-9192, Part Block A, Plan 966, Town of Tillsonburg, known municipally as 28 Old Vienna Road are to be rezoned from ‘Special Low Density Residential Type 1 Zone (R1-16)’ to ‘Special Low Density Residential Type 3 Zone (R3-14)’ to permit the development of a multiple unit dwelling within the EP2 Overlay. 4 Council Meeting – Agenda - 3 - 10. Planning Applications 10.1. Request for Extension to Draft Plan Approval - 32T-06005 (Andrews Crossing) 32T-06005 _DAE Plate 1 Plate 2 Proposed Resolution #6 Moved By: Seconded By: THAT Council supports an extension of draft approval for a plan of subdivision submitted by Performance Communities Realty Inc. (Andrews Crossing), for lands described as Block 81, Plan 41M-329, Town of Tillsonburg, to February 14, 2020, to grant additional time to satisfy the conditions of draft plan approval and register the remaining phase of the draft plan of subdivision. 11. Information Items 12. Mayor 13. Quarterly Reports 14. Reports from Departments 14.1. Chief Administrative Officer 14.2. Clerk’s Office 14.3. Development and Communication Services 14.3.1. Report DCS 17-38 - Economic Development and Marketing Third Quarter Summary Report DCS 17-38 Financial Summary Proposed Resolution #7 Moved By: Seconded By: THAT Council receives Report DCS 17-38, Economic Development and Marketing Third Quarter Summary, as information. 5 Council Meeting – Agenda - 4 - 14.4. Finance 14.4.1. FIN 17-36 - 2018 Capital Pre-Budget Approval Projects Proposed Resolution #8 Moved By: Seconded By: THAT Report FIN17-36 - 2018 Capital Pre-Budget Approval be received; AND THAT Council gives 2018 pre-budget approval for: i) Asset Management Plan Implementation Project x33 $150,000; ii) Concession Street East Project x37 $890,000; iii) Annandale Ball Park Parking Lot Project x14 $50,000; iv) Asphalt Project x39 $382,000; and v) Lake Lisgar Water Park Renovations Project x95 $129,000. 14.5. Fire and Emergency Services 14.6. Operations 14.6.1. OPS 17-32 - Quarter Town Line Corridor Management Study OPS 17-32 Quarter Town Line Corridor Management Study 170219 (Tillsonburg) Council Meeting November 27 2017 (2) Proposed Resolution #9 Moved By: Seconded By: THAT Council receives Report OPS 17-32 - Quarter Town Line Corridor Management Study; AND THAT the cost estimate of $125,000 associated with implementing the site- specific remedial actions along Quarter Town Line be referred to the 2018 budget deliberations. 14.6.2. OPS 17-30 - Results for RFP 2017-011 Street Sweeper OPS 17-30 Results for RFP 2017-011 Street Sweeper Proposed Resolution #10 Moved By: Seconded By: THAT Council receives Report OPS 17-30 - Results for RFP 2017-011 Street Sweeper; 6 Council Meeting – Agenda - 5 - AND THAT Council awards RFP 2017-011 to Cubex Ltd. at a cost of $259,042.63 (before taxes), the highest scoring proposal received. 14.6.3. OPS 17-31 - Results for RFP 2017-010 LED Streetlight Conversion Project OPS 17-31 Results for RFP 2017-010 LED Streetlight Conversion Project OPS 17-31 Attachment 1 - OPS 17-19 LED Streetlight Conversion OPS 17-31 Attachment 2 - Draft Consultant Agreement Proposed Resolution #11 Moved By: Seconded By: THAT Council receives Report OPS 17-31 - Results for RFP 2017-010 LED Streetlight Conversion Project; AND THAT Council authorizes 2018 pre-budget approval in order for the proponent to secure IESO grant funding on behalf of the Town; AND THAT Council awards RFP 2017-010 to ERTH Corporation at a cost of $1,422,074 (before taxes), the highest scoring proposal received; AND THAT a By-law authorizing the Mayor and Clerk to execute the Consultant Agreement with ERTH Corporation be brought forward for Council consideration; AND THAT, pursuant to the Town of Tillsonburg Debt Management Policy, the Director of Finance be authorized to place debt to finance the project with debt servicing costs funded through operational savings (reduced energy consumption) resulting from completing this project. 14.7. Recreation, Culture & Park Services 15. Unfinished Business 16. Staff Information Reports 17. Committee Minutes & Reports 17.1. Committee Minutes 171026 Museum MIN 171030 Mem Park MIN 171102 HBC MIN 171120 Canada 150 MIN 7 Council Meeting – Agenda - 6 - Proposed Resolution #12 Moved By: Seconded By: THAT Council receives the Museum Advisory Minutes dated October 26, 2017; the Memorial Park Revitalization Committee Minutes dated October 30, 2017; the Heritage, Beautification and Cemetery Advisory Committee Minutes dated November 2, 2017; and the Canada 150 Committee Minutes dated November 20, 2017, as information. 18. Notice of Motions 19. Resolutions 20. Resolutions Resulting from Closed Session 21. By-Laws By-Laws from the Meeting of Monday, November 27, 2017 21.1 Proposed Resolution #13 Moved By: Seconded By: THAT By-Law 4149, To Amend Zoning By-Law 3295 (ZN 7-17-12) Schedule A; and By-Law 4151, Town of Tillsonburg Site Plan Control By-Law 4151, Schedule A TSPC Guidelines By-Law 4151 Appendix A Site Plan Guidelines By-Law 4151 Appendix B Application Form be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 21.2 Proposed Resolution #14 Moved By: Seconded By: THAT By-Law 4152, To Confirm the Proceedings of the Council meeting of November 27, 2107, be read for a first, second and third and final reading and 8 Council Meeting – Agenda - 7 - that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 22. Items of Public Interest 23. Adjournment Proposed Resolution #15 Moved By: Seconded By: THAT the Council Meeting of Monday, November 27, 2017 be adjourned at _____ p.m. 9 = ATTENDANCE Mayor Stephen Molnar Councillor Max Adam Deputy Mayor Dave Beres Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Dave Rushton, Director of Finance/Treasurer Kevin DeLeebeeck, Director of Operations Rick Cox, Director of Recreation, Culture & Parks Jeff Smith, Fire Chief Lana White, Executive Assistant/Deputy Clerk 1. Call to Order The meeting was called to order at 4:30pm. 2. Closed Session Resolution #1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council move into Closed Session to consider: 1. a proposed or pending acquisition or disposition of land by the municipality or local board (Access to Memorial Park and TCC). Carried Council reconvened regular session at 6:00pm. The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, November 13, 2017 4:30 PM Council Chambers 200 Broadway, 2nd Floor MINUTES 10 Council Meeting – Agenda - 2 - 3. Adoption of Agenda Resolution #2 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council meeting of Monday, November 13, 2017 be adopted. Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 6. Adoption of Council Minutes of Previous Meeting 6.1. Minutes of the Meeting of October 23, 2017 171023 Council MIN Resolution #3 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT the Minutes of the Council Meeting of October 23, 2017 be approved. Carried 7. Delegations and Presentations 7.1. Oxford People Against Landfill (OPAL) Group Presented By: Bryan Smith Del Reg OPAL MOTION-Municipalities-Town of Tillsonburg Mr. Bryan Smith, representing OPAL, appeared before Council to provide a status update on the campaign. A copy of his presentation was filed for the public record. OPAL has its own website and facebook page, as well as a new website demandtheright.ca. Resolution #4 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam 11 Council Meeting – Agenda - 3 - THAT Council receives the presentation from Oxford People Against Landfill; AND THAT the Town of Tillsonburg calls upon the Government of Ontario, and all political parties, to formally grant municipalities the authority to approve landfill projects in or adjacent to their communities, prior to June 2018; AND THAT in the case of a two-tier municipality, the approval be required at both the upper-tier and affected lower-tier municipalities; AND FURTHER THAT the Town of Tillsonburg encourage all other municipalities in Ontario to consider this motion calling for immediate provincial action. Carried 7.2. CIP Application 519 Broadway Presented By: Dr. Gary Nelles Nelles del Dr. Nelles appeared before Council regarding various construction grants for 519 Broadway’s CIP Application, as he had previously been unaware of potential grant opportunities. Cephas Panschow, Development Commissioner, was present to answer questions from Council. Staff to ensure individuals are aware of the CIP Program at the start of a planning/development process. Resolution #5 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT the presentation from Dr. Gary Nelles regarding CIP Application - 519 Broadway be received, as information. Carried 8. Committee Reports & Presentations 9. Public Meetings 10. Planning Applications 11. Information Items 12 Council Meeting – Agenda - 4 - 12. Mayor 13. Quarterly Reports 13.1. FIN 17-33 - 2017 Third Quarter Financial Results FIN17-33 2017 Third Quarter Financial Results 2017 Q3 Consolidated Results Resolution #6 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report FIN 17-33 2017, Third Quarter Financial Results, as information. Carried 13.2. FIN 17-34 - Third Quarter Finance Department Financial Results FIN17-34 2017 Third Quarter Finance Department Results Q3 Results - Finance Resolution #7 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report FIN 17-34 2017, 2017 Third Quarter Finance Department Results, as information. Carried 13.3. DCS 17-36 - Third Quarter Building, Planning & By-Law Services Financial Results THAT Council receives Report DCS 17-36 Building, Planning & By-Law Services 2017 Q3 Results Q3 Financial Summary Geno Vanhaelewyn, Chief Building Official, was present to answer questions from Council. Resolution #8 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report DCS 17-36, 2017 Third Quarter Building, Planning & By-Law Services Financial Results, as information. Carried 13 Council Meeting – Agenda - 5 - 13.4. FRS 17-06 - Third Quarter Fire Department Financial Results FRS 17-06 Third Quarter 2017 Fire Department Results Financial Plan Summary Chief Smith responded to questions from Council. Chief Smith noted that the Chair of the Fire Strategic Planning Committee will be providing an update to Council in the near future. Resolution #9 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report FRS 17-06, 2017 Third Quarter Fire Department Financial Results, as information. Carried 13.5. OPS 17-27 - Third Quarter Operations Services Financial Results OPS 17-27 2017 Third Quarter Operations Services OPS 17-27 Attachment 1 - Operating Summaries Resolution #10 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report OPS 17-27, 2017 Third Quarter Operations Services Financial Results, as information. Carried 13.6. RCP 17-47 – Third Quarter Recreation, Culture and Parks Financial Results RCP 17-47 - Recreation Culture and Parks 2017 Q3 Results Memo Re RCP Q2 Results RCP Q3 2017 Financial Summaries A report regarding the Lion’s Auditorium kitchen is scheduled for the November 27, 2017 Council Meeting. Resolution #11 Moved By: Councillor Rosehart Seconded By: Councillor Hayes 14 Council Meeting – Agenda - 6 - THAT Council receives Report RCP 17-47, 2017 Third Quarter Recreation Culture and Parks Financial Results, as information. Carried 14. Reports from Departments 14.1. Chief Administrative Officer 14.1.1. CAO 17-05 , 0.5 FTE Increase - Manager of Hydro Operations and Engineering 0.5 FTE Increase - Manager of Hydro Operations and Engineering 0.5 FTE Increase - Manager of Hydro Operations and Engineering Mr. Dan Rasokas, Board Chair, Tillsonburg Hydro Inc., was in attendance to answer questions from Council. The request is being made in advance of budget discussions, as it is expected to take considerable time to fill the position. Resolution #12 Moved By: Councillor Hayes Seconded By: Councillor Rosehart That Council receives Report CAO 17-05 0.5 FTE Increase – Manager of Hydro Operations and Engineering; AND THAT the Council of the Town of Tillsonburg authorizes the CAO to increase the Town FTE complement by 0.5 to allow for a full-time Manager of Hydro Operations and Engineering to be funded by Tillsonburg Hydro Inc. Carried 14.1.2. CAO 17-06, Bonds for Development Securities Bonds for Development Securities CA) 17-06 Attachments It was noted that correspondence from Kirby Heckford was received this afternoon and circulated to Council. Staff to amend Site Plan Agreement and Subdivision Agreement templates. 15 Council Meeting – Agenda - 7 - Resolution #13 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives Report CAO 17-06 Bonds for Development Securities; AND THAT the Council of Town of Tillsonburg amend the Site Plan Agreement By-Law and Subdivision Agreement to include Bonds as an additional form of financial security for site plan applications and subdivision developments. Carried 14.2. Clerk’s Office 14.2.1. CL 17-21 Committee Appointments CL 17-21 Committee Appointment Reg Butcher Appl Resolution #14 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report CL 17-21, Committee Appointment; AND THAT Reg Butcher be appointed to the Heritage, Beautification & Cemetery Advisory Committee; AND THAT By-Law 4147, to Amend Schedule A of By-Law 3876, be brought forward for Council consideration. Carried 14.3. Development and Communication Services 14.3.1. DCS 17-34 - Sign Variance – 360 Quarter Town Line – Simply 360 Residential Development DCS 17-34 - Sign Variance 360 Quarter Town Line Simply 360 Residential Development Mr. Geno Vanhaelewyn, Chief Building Official, was in attendance to answer questions from Council. Resolution #15 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report DCS 17-34 Sign Variance – 360 Quarter Town Line – Simply 360 Residential Development; 16 Council Meeting – Agenda - 8 - AND THAT a variance to Sign By-Law 3798 be approved for the construction of a temporary 38 m2 (400 ft2) subdivision promotional banner sign mounted on a trailer located on the East side of Quarter Town Line between Trillium Drive and Southridge Road described as 360 Quarter Town Line (Plan 41M119, LOT 2) with the following conditions: (i) A sign permit is obtained; (ii) Skirting is installed around the bottom perimeter of the trailer acceptable to Building/By-Law Services; (iii) Signage is maintained as per Sign By-Law 3798, Clean Yard By-Law 3810 and maintained reasonably level; (iv) If the maintenance of the sign becomes derelict in any manner the signage will be ordered to be removed and any replacement signage will be required to be installed as per Sign By- Law 3798. Carried 14.3.2. DCS 17-35 Sign Variance – 180-190 Simcoe Street – Billboard Sign DCS 17-35 Sign Variance 180-190 Simcoe Street Billboard Sign Mr. Geno Vanhaelewyn, Chief Building Official, was in attendance to answer questions from Council. Resolution #16 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report DCS 17-35 Sign Variance – 180-190 Simcoe Street – Billboard Sign; AND THAT Council not approve the sign variance application request for the placement of a billboard sign noted in Report DCS 17-35 Sign Variance – 180- 190 Simcoe Street – Billboard Sign; AND THAT the signage is removed on or before November 2, 2017. Withdrawn Resolution #16b Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT the Town of Tillsonburg Council approves the variances to Sign By-Law 3798 for the construction of a temporary 37.16m2 (400 ft2) x 9.14m (30ft) high 17 Council Meeting – Agenda - 9 - billboard sign located within 122m (403ft) of another billboard sign on the North side of Simcoe Street between Westtown Line and Goshen Street described as Part Lot 24 PLAN 1653, Part 7 41R8458 & Lot 30 PLAN1653 with the following conditions: (i) A sign permit is obtained; (ii) The variance for a billboard sign is temporary and shall be removed on or before March 31, 2018, at which time the sign will be designated as a promotional development sign to promote the development lands on or directly north of the sign. (iii) The variance is applicable for the proposed sign copy only, any change in billboard sign copy is not permitted. Carried 14.3.3. DCS 17-37 International Per Diem Rate Report DCS 17-37 Resolution #17 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report DCS 17-37 International Per Diem Rate; AND THAT the Treasury Board Secretariat of Canada’s Meal Per Diem Rate be approved for use for international travel instead of the Town’s standard per diem rate; AND THAT the Town’s Personnel Policy be amended to reflect this change. Carried 14.4. Finance 14.5. Fire and Emergency Services 14.6. Operations 14.6.1. OPS 17-28 Parking Improvements at Community Centre OPS 17-28 Parking Improvements at Community Centre OPS 17-28 Attachment 1 - Parks & Recreation Advisory Committee Report 18 Council Meeting – Agenda - 10 - Resolution #18 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report OPS 17-28, Parking Improvements at Community Centre; AND THAT the cost estimate of $175,000 associated with enhancing parking at the Tillsonburg Community Centre be referred to the 2018 budget deliberations. Carried 14.7. Recreation, Culture & Park Services 14.7.1. RCP 17-48 - Implementing an Energy Retrofit at the Tillsonburg Community Centre RCP 17-48 - Implementing an Energy Retrofit at the Tillsonburg Community Centre RCP 17-02 - Budget Issue Paper - Utilities Cost Increases TCC Consolidated Scope of Work Example Amortization Schedule from Infrastructure Ontario Director Cox provided a Powerpoint presentation and answered questions from Council. Expected cost savings for the 2018 operational budget were noted. The CAO confirmed that Senior Leadership is committed to this project. Updates from I.B. Storey, as well as staff, will be provided to Council throughout the project. Staff to contact the original mini-pad sponsors to inform them that the pad is being changed from normal ice to plastic ice. Resolution #19 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Report RCP 17-48 - Implementing an Energy Retrofit at the Tillsonburg Community Centre be received; AND THAT Council give 2018 pre-budget approval and authorize staff to proceed with implementing the Energy Retrofit project as designed by I.B. Storey Inc.; AND THAT Council award RFT 2017-011 – Refrigeration to Cimco Refrigeration Division of Toromont Industries at their tendered price of $693,700.00 before taxes; 19 Council Meeting – Agenda - 11 - AND THAT Council award RFT 2017-012 – Automation to Trane Sales Agency - N.L. Clarke Sales Ltd. at their tendered price of $76,450.00 before taxes; AND THAT Council award RFT 2017-014 – Electrical Co-Generation to Whitby Hydro Energy Services Corporation at their tendered price of $1,033,585.00 before taxes; AND THAT Council authorize the Construction Oversight, Commissioning and Turnover & Closeout phases of the contract with I.B. Storey Inc. at a cost not to exceed $99,000; AND THAT pursuant to the Town of Tillsonburg’s Debt Management Policy, the Director of Finance is authorized to place debt to finance the project with the debt servicing costs funded through operational savings (reduced energy consumption) resulting from completing the project; AND THAT the Town commits to preparing updated community-wide greenhouse gas inventories, targets and a GHG reduction plan by April 2019 in order to be eligible to apply for GHG Challenge funding. Carried 15. Unfinished Business 15.1. RCP 17-50 - Visitor Parking Improvements at OPP Station RCP 17-50 - Visitor Parking Improvements at OPP Station Resolution #20 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives Report RCP 17-50 - Visitor Parking Improvements at OPP Station; AND THAT the costs associated with implementing additional visitor parking at the OPP Station are considered during the 2018 budget deliberations. Carried 16. Staff Information Reports 17. Committee Minutes & Reports 17.1. Committee Minutes 170912 Fire Strat Planning MIN 171005 HBC MIN 20 Council Meeting – Agenda - 12 - 171012 Airport MIN 171017 AAC MIN Resolution #21 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives the Fire Strategic Planning Committee Minutes dated September 12, 2017; the Heritage, Beautification and Cemetery Advisory Committee Minutes dated October 5, 2017; the Airport Advisory Committee Minutes dated October 12, 2017; and the Accessibility Advisory Committee Minutes dated October 17, 2017, as information. Carried 17.2. Long Point Region Conservation Authority Minutes - October 4, 2017 171004 LPRCA MIN Resolution #22 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives the Long Point Region Conservation Authority Board of Directors Minutes dated October 4, 2017, as information. Carried 17.3. Tillsonburg Police Services Board Minutes - September 20, 2017 170920 PSB MIN Resolution #23 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives the Tillsonburg Police Services Board Minutes dated September 20, 2017, as information. Carried 18. Notice of Motions 19. Resolutions 20. Resolutions Resulting from Closed Session 21 Council Meeting – Agenda - 13 - 21. By-Laws By-Laws from the Meeting of Monday, November 13, 2017 21.1 Resolution #24 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT By-Law 4147, to amend By-Law 3876, Committee Appointments for the Town of Tillsonburg, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 21.2 Resolution #25 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT By-Law 4148, to Confirm the Proceedings of the Council meeting of November 13, 2017, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 22. Items of Public Interest The winter overnight parking restriction between 2am to 6am is effective from November 15 to March 31. The Town is in its second week of loose leaf collection. In addition, the Transfer Station is now open 9am to 5pm, 6 days a week to take leaves. A Council Budget Meeting is scheduled for Thursday, November 16, 2017 9am to 4pm in the Council Chambers for Capital Budget Review. The Optimist Santa Claus Parade is scheduled for 2pm Saturday, November 18, 2017. Broadway will be closed for the parade. 23. Adjournment Resolution #26 Moved By: Deputy Mayor Beres Seconded By: Counicllor Adasm THAT the Council Meeting of Monday, November 13, 2017 be adjourned at 9:29 p.m. Carried 22 COMMITTEE REPORT Special Awards Committee Report Title: Citizen of the Year Report No.: Special Awards Committee 17-02 Author: Chair Matthew Scholtz/Secretary Lana White Meeting Type: COUNCIL MEETING Council Date: NOVEMBER 27, 2017 Attachments: REVISED SPECIAL AWARDS ADVISORY COMMITTEE TERMS OF REFERENCE RECOMMENDATION: THAT Report SAC17-02, Citizen of the Year, be received; AND THAT the revised Terms of Reference for the Special Awards Advisory Committee, to include the Citizen of the Year process, be approved; AND THAT commencing 2018 the Town of Tillsonburg Special Awards Advisory Committee be responsible for the Citizen of the Year Award. BACKGROUND/EXECUTIVE SUMMARY Through the CAO’s Office, the Tillsonburg District Chamber of Commerce approached the Town of Tillsonburg to discuss the merits of the Town taking over the annual selection of a Citizen of the Year. The Chamber’s CEO, Suzanne Renken, met with the Special Awards Advisory Committee at the Committee meeting of November 7, 2017. Presentation was made in regards to the process of recognizing the Tillsonburg Citizen of the Year. Since 1978, the Chamber of Commerce has been responsible for the annual call of nominations, selection and presentation of the Citizen of the Year award. 23 Page 2 / 2 CONSULTATION/COMMUNICATION Following presentation by the Chamber of Commerce CEO at the Special Awards Advisory Committee of November 7, 2017, and subsequent discussion, the Committee passed the following resolution. ‘THAT the Special Awards Committee look for Council’s endorsement to amend the Terms of Reference of the Special Awards Advisory Committee to include the annual selection of a Citizen of the Year, beginning 2018.’ FINANCIAL IMPACT/FUNDING SOURCE The catering and associated costs of this event have been shared equally between the Chamber of Commerce and the Town of Tillsonburg, based on invoicing by the Chamber. If the Chamber continues with sharing this expense there will be no new financial implications resulting from the Town taking over this event. Otherwise, the Town’s cost will increase approximately $350 annually. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Section 4 – Culture & Community 4.1 Promote Tillsonburg as a unique and welcoming community 24 Special Awards Committee TERMS OF REFERENCE Mandate: To advise Council and make recommendations on awards for volunteer service within the Town of Tillsonburg. The Volunteer Service Recognition Program shall recognize volunteers on a monthly basis when nominations are received by the Special Awards Committee. The Committee shall organize a Town of Tillsonburg volunteer recognition social event on a yearly basis with budget approval. The Committee shall organize an annual Citizen of the Year Award, including call for nominations, selection process and presentation event. Goals for 2015-2018 Term: The Special Awards Committee will ensure volunteer service recognition nomination packages are available to the community which shall include various community groups including service clubs. 1.0 Role of the Special Awards Committee 1.1 Receive nominations for volunteer recognition; 1.2 Advise Council and make recommendations for volunteer recognition of a volunteer of the month; 1.3 Based on the approved Council budget organize an annual social event for Town volunteers. The event shall be organized in partnership with the Clerk’s office; 1.4 Based on the approved Council budget organize an annual Citizen of the Year Award, including call for nominations, selection process and presentation event. 2.0 Organization of the Committee: The Committee should be composed of people residing within or around the Town of Tillsonburg who demonstrate a strong commitment to the terms of reference. A cross section of people should attempt to be chosen in order to bring to the committee a variety of advocacy, communication and organizational skills. 2.1 Vacancies will be advertised in the local newspaper, on the Town’s website as well as various forms of social media as per Town's procedures for Committees of Council. 25 2.2 Committee Members will be appointed by Council. The composition will be three community members and two Council members. 2.3 The term of a Committee Member is four (4) years to coincide with the term of Council. 2.4 Additional members may be appointed throughout the term. 2.5 One member will be appointed by vote of the committee at the first meeting of each term to chair the meetings for that year. The committee will also, at this time, select a vice-chair and secretary for the same duration. 2.6 A Municipal staff person shall interact in an advisory manner to the committee. 3.0 Meetings: 3.1 The Committee will hold a minimum of six (6) meetings a year or as required. 3.2 The date and time of the regular meetings will be established at the first meeting of each term. 3.3 Meetings will have a formal agenda. 3.4 Agendas and information packages, that will include the minutes from the previous meeting, will be sent (via mail, e-mail, or fax) to Committee Members prior to each meeting. 3.5 A majority of Council appointed Committee Members will constitute quorum for the transaction of business. 3.6 The members may meet occasionally informally to discuss issues as warranted. 4.0 Role of The Chair: The Chair is responsible for insuring the smooth and effective operation of the Committee and its roles. This will include responsibility for: 4.1 Calling the meetings to order. 4.2 The Chair is encouraged to create an informal atmosphere to encourage the exchange of ideas such as, using a roundtable format. 4.3 Creating an agenda in consultation with the Secretary. 4.4 Chairing the meetings. 4.5 Acting as spokesperson. 4.6 Representing the Committee on other committees when necessary. 4.7 The Chair shall conduct meetings in accordance with the Town's Procedural By-law 5.0 Role of Vice-Chair In the absence of the Chair, the Vice-Chair shall assume the full responsibilities of the Chair as listed in points 4.1 to 4.7 inclusive. 6.0 Role of the Secretary: 26 The Secretary is responsible for insuring a complete up to date record for the Committee. 6.1 In liaison with the Chair, arrange date, time and venue for meetings. 6.2 In liaison with the Chair, set agendas and circulate to the members two business days prior to the meeting. 6.3 Circulate draft minutes to the members. 6.4 Keep a complete up to date record of the committee minutes. 7.0 Role of Members: Membership on the Committee is a position of responsibility and requires a strong commitment to the Terms of Reference. Committee members are required to: 7.1 Attend all regular scheduled meetings. Members are required to notify the Chair, Secretary or the designated municipal staff liaison if they are unable to attend a meeting. 7.2 Review all information supplied to them. 7.3 Prepare information for use in the development of materials for the Committee. 7.4 Promote the role of the Committee. 7.5 Offer input to committee reports to Council. 7.6 Attend training as required to effectively perform their role as a committee member. 7.7 Committee Members are subject to The Municipal Conflict of Interest Act R.S.O, 1990, c.M50 and must disclose any direct or indirect pecuniary interest. The disclosure must be recorded in the minutes of the meeting. 8.0 Role of Municipal Staff: The Town of Tillsonburg, by its nature and purpose, affects and is affected by many different Municipal departments. Assistance will be provided on an as required basis from various departments. Municipal staff will be responsible for carrying out the following functions with respect to the Committee: 8.1 Acting as an information resource and secretary when required. 8.2 Orientation of Committee members at the first meeting after Council appointment. 8.3 Assist the Committee in its reporting to Council (see Sec. 9.0). 8.4 Provide correspondence to the Committee. 9.0 Reports to Council: The Committee may advise and make recommendations to Council in accordance with its role. Reports may be submitted as follows: 9.1 Verbally by a Council representative. 9.2 Verbally by the Committee Chair or the designated Committee representative. 9.3 Minutes from the Committee meetings 27 9.4 Written reports An annual report will also be submitted to Council at the beginning of each new year outlining a list of the volunteers recognized in the previous twelve months. 28 29 30 31 32 33 Page 1 of 6 Report No: CP 2017-338 COMMUNITY PLANNING Council Date: November 27, 2017 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change ZN 7-17-12 – Anna Veldman REPORT HIGHLIGHTS • The application for zone change proposes to rezone the subject property from ‘Special Low Density Residential Type 1 Zone (R1-16)’ to ‘Special Low Density Residential Type 3 Zone (R3-14)’ to permit a multiple unit dwelling (4 units) on the subject property. • Agency circulation did not raise any concerns with the proposed development. The development of the property is subject to site plan control. • Planning staff recommend approval of the application as it complies with the policies of the Provincial Policy Statement and the Official Plan respecting low density residential uses. DISCUSSION Background OWNER: Anna Maria Veldman 47 Lisgar Avenue, Tillsonburg ON N4G 3K7 APPLICANT: John Veldman 47 Lisgar Avenue, Tillsonburg ON N4G 3K7 LOCATION: The subject property is described as Parts 1 & 2 of 41R-9192 & Part Block A, Plan 966, in the Town of Tillsonburg. The subject property is located on the east side of Old Vienna Road, lying between Van Street and Simcoe Street. The lands are municipally known as 28 Old Vienna Road, Tillsonburg. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential & Environmental Protection Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential 34 Report No: CP 2017-338 COMMUNITY PLANNING Council Date: November 27, 2017 Page 2 of 6 TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Special Low Density Residential Type 1 Zone (R1-16) Proposed Zoning: Special Low Density Residential Type 3 Zone (R3-14) PROPOSAL: The purpose of the Application for Zone Change is to permit the development of a multiple unit dwelling, consisting of 4 dwelling units, on the subject property. The subject property was created by consent application B14-49-7 and comprises an area of approximately 0.20 ha (0.5 ac) and is presently vacant. The subject property was rezoned in 2015 to permit a single detached dwelling and to remove the Environmental Protection 2 Overlay. A condition of the consent was that the subject property be subject to site plan control due to the complexities of servicing the site, and Council passed a by-law to place the property under site plan control in 2015. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, provides an aerial view of the subject property. Plate 3, Applicants’ Sketch shows the proposed dwelling location on the subject lands. Application Review PROVINCIAL POLICY STATEMENT: The Provincial Policy Statement (PPS) directs that Ontario’s long-term prosperity, environmental health and social well-being depend on wisely managing change and promoting efficient land use and development patterns. Efficient land use and development patterns support strong, liveable and healthy communities, protect the environment as well as public health and safety, and facilitate economic growth. In support of these provincial interests and goals, settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. Section 1.4.3 of the PPS directs that planning authorities shall provide for an appropriate range of housing types and densities to meet projected requirements of current and future residents of the regional market area by: • permitting and facilitating all forms of residential intensification and redevelopment and all forms of housing required to meet the social, health and well-being requirements of current and future residents; • promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities and support the use of alternative transportation modes; • establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form while maintaining appropriate levels of public health and safety. 35 Report No: CP 2017-338 COMMUNITY PLANNING Council Date: November 27, 2017 Page 3 of 6 Section 2.1.1 states that natural features and areas shall be protected for the long term. Additionally, Section 2.1.4 states that where natural heritage features exist, no development and site alteration is permitted unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. OFFICIAL PLAN: The subject lands are designated ‘Environmental Protection’, ‘Residential’ and ‘Low Density Residential’ according to the Land Use Plan and Residential Density Plan for the Town of Tillsonburg, as contained in the Official Plan. The Official Plan states that Low Density Residential areas are those lands that are primarily developed or planned for a variety of low-rise, low density housing forms including single detached, semi-detached, duplex, converted dwellings, quadraplexes, townhouses, and low density cluster development. In these areas, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. The policies of Section 8.2.4.1 (Infill Housing) indicate that in order to efficiently utilize the designated residential land and municipal servicing infrastructure, infill housing will be supported in Low Density Residential Areas. Town Council will ensure that proposals for infill development are consistent with policies contained in Section 8.2.4.1.1 and 8.2.4.1.4. Official Plan policies respecting Street Oriented Infill permit the creation of new residential housing into an established streetscape pattern only if the proposal is deemed to be consistent with the characteristics of existing development on both sides of the street. The policies also require that the proposal is consistent with street frontage, setbacks and spacing of existing development within a two block area on the same street. In addition, all infill proposals are subject to the following criteria: • the location of vehicular access points, the likely impact of traffic generated by the proposal on Town streets and potential traffic impacts on pedestrian and vehicular safety and surrounding properties is acceptable; • existing municipal services and public facilities will be adequate to accommodate the proposed infill project; • stormwater run-off from the proposal will be adequately controlled and will not negatively affect adjacent properties; • adequate off-street parking and outdoor amenity areas will be provided; • the extent to which the proposed development provides for the retention of any desirable vegetation or natural features that contribute to the visual character of the surrounding area; • the effect of the proposed development on environmental resources and the effects of environmental constraints on the proposed development will be addressed and mitigated; • consideration of the potential effect of the development on natural and heritage resources and their settings; • compliance of the proposed development with the provisions of the Zoning By-Law of the Town and other municipal by-laws. The lands are designated Environmental Protection due to the presence of Significant Valleylands. Section 3.2.4.2.4 provides that development and site alteration may be permitted on lands within and adjacent to significant valleylands where an Environmental Impact Study 36 Report No: CP 2017-338 COMMUNITY PLANNING Council Date: November 27, 2017 Page 4 of 6 prepared in accordance with Section 3.2.6 demonstrates that the proposal will not cause a negative impact on the significant valleyland and where the policies of Sections 3.2.8.1 (Flood Plain Policies) and 3.2.8.2 (Erosion Hazard and Unstable Soils) are satisfied, as appropriate. Section 3.2.6.2 provides that where the proposal has been circulated to relevant provincial agencies and/ or the Conservation Authority have indicated no concern which warrants the preparation of an Environmental Impact Study, the requirement for an EIS may be waived. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is zoned ‘Special Low Density Residential Type Zone (R1-16)’ which permits a single detached dwelling and a home occupation. The lands are also subject to the Environmental Protection 2 (EP2) Overlay which permits existing dwellings and minor additions thereto. New dwellings are not permitted within the EP2 Overlay area. Environmental Protection 2 (EP2 Overlay) applies to lands containing significant valleylands, significant woodlands, Areas of Natural and Scientific Interest for the Life Sciences, significant wildlife habitat, and fish habitat consisting of all watercourses, ponds, lakes and reservoirs within the Town. Special provisions are included within the R1-16 zone to permit development on the site, notwithstanding the presence of the EP2 Overlay. It is proposed that these be provisions be carried forward to the requested R3-14 zone. The ‘Low Density Residential Type 3 Zone (R3)’ permits a street fronting townhouse dwelling, multiple unit dwelling not containing more than 4 dwelling units, or an existing single detached, duplex or semi-detached dwelling. The proposal appears to comply with the relevant provisions of the R3 zone. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Oxford County Public Works Department provided the following comments: • In accordance with the Severance Agreement for this property, the Owner/Applicant will be responsible for addressing financial requirements of the County of Oxford with respect to provision of water and sewer services. • Only one water meter will be provided (and used for billing purposes) for the proposed four-plex. Water & sewer charges will be under the property owner’s account. • Prior to future Site Plan submission, Applicant should refer to our latest Site Plan comments (TSPC 7-169). Long Point Region Conservation Authority indicated that the Authority has no concerns at this time. 37 Report No: CP 2017-338 COMMUNITY PLANNING Council Date: November 27, 2017 Page 5 of 6 It should be noted, however, that the property is located within the riverine valley system of the Big Otter Creek as well as located entirely within the LPRCA Regulation Limit, under Ontario Regulation 178/06. A permit is required from this office for development on the site, as proposed in this planning application. The applicant should contact this office prior to commencing design of the structure to ensure the on-site hazards are appropriately addressed. The Town Building Services Department indicated that due to the topographical nature and servicing of the proposed lands, the development of this site will require the owner to enter into a site plan agreement with the Town of Tillsonburg prior to permit issuance. The site will require soils reports, engineered fill and potentially engineered foundations to develop the property. Tillsonburg Chamber of Commerce indicated that they support this application and would like to ensure that parking is not an issue, and that encroachment on conservation areas is controlled. Town Engineering Department indicated that they have no concerns with the rezoning, however the development of the four-plex / site is subject to site plan control. PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application was circulated to surrounding property owners on two occasions, October 16, 2017 & November 13, 2017. At the time this report was written, no comments or concerns had been received from the public. Planning Analysis It is the opinion of this Office that the proposed zoning application is consistent with the policies of the Provincial Policy Statement and Official Plan and can therefore be supported from a planning perspective. The proposal will result in increased residential density within the Town, is an efficient use of vacant land within a serviced settlement area, is not expected to create any negative impacts on surrounding natural heritage features, and will contribute to a diversity of housing types and tenures in the Town. Multiple unit dwellings and quadraplexes are permitted within the Low Density Residential designation. The proposal is consistent with the street oriented infill policies as the area surrounding the subject lands contains a variety of housing forms, including medium density residential uses and single detached dwellings. The proposed dwelling is not expected to impact any surrounding land uses as the topography of the lands is such that the building footprint is not likely to be visible from surrounding dwellings to the north and south, and there is no development to the west due to the presence of Big Otter Creek. The development of the property is subject to site plan control, where matters such as lot grading and drainage, stormwater management, parking, and servicing will be addressed to the satisfaction of the Town and County. The Environmental Protection 2 Overlay present on the property encompasses the land on the north side of the slope. During pre-consultation meetings with Town and County staff for the consent application, Long Point Region Conservation Authority staff indicated that in their opinion, none of the features present onsite warranted the EP2 overlay. Based on the guidance 38 Report No: CP 2017-338 COMMUNITY PLANNING Council Date: November 27, 2017 Page 6 of 6 provided by the Conservation Authority and as per Section 3.2.4.2 and 3.2.6 of the Official Plan, the requirement for an Environmental Impact Study was waived. Given the Conservation Authority’s position, planning staff concur that it is appropriate to remove the EP2 Overlay from the area that is proposed to be developed, shown on Plate 3. Planning staff note that the property falls within the LPRCA Regulation limit, and a permit from the LPRCA will be required prior to any building permit issuance. A copy of the draft amending by-law is attached for Council’s consideration. RECOMMENDATION 1. It is recommended that the Council of the Town of Tillsonburg approve the zone change application submitted by Anna Veldman, whereby the lands described as Parts 1 & 2 of 41R-9192, Part Block A, Plan 966, Town of Tillsonburg, known municipally as 28 Old Vienna Road are to be rezoned from ‘Special Low Density Residential Type 1 Zone (R1-16)’ to ‘Special Low Density Residential Type 3 Zone (R3-14)’ to permit the development of a multiple unit dwelling within the EP2 Overlay. SIGNATURES Authored by: original signed by Eric Gilbert, MCIP RPP, Senior Planner Approved for submission: original signed by Gordon K. Hough, RPP Director 39 October 12, 2017 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 1280 Notes NAD_1983_UTM_Zone_17N 64 Meters Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 40 October 12, 2017 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 510 Notes NAD_1983_UTM_Zone_17N 26 Meters Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 41 42 Report No: CASPO 2017-339 COMMUNITY PLANNING Council Date: November 27, 2017 Page 1 of 3 To: Mayor and Members of Town of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Request for Extension of Draft Approved Plan of Subdivision 32T-06005: Victoria Wood “Andrews Crossing” REPORT HIGHLIGHTS A request has been received to extend draft plan approval for the proposed subdivision development of 80 lots for single detached dwellings, and two blocks for townhouse and detached residential development, in the Town of Tillsonburg. The approved draft plan was originally approved in 2007, and was extended in 2010, 2011 and 2016, and is scheduled to lapse on February 14, 2018. Agency circulation did not indicate any concerns with the proposed extension. Planning staff recommend support of a two (2) year extension to grant additional time to satisfy the conditions of draft plan approval and register the draft plan of subdivision. DISCUSSION Background OWNER: Performance Communities Realty Inc. 1 Barrie Boulevard, St. Thomas ON N5P 4B9 LOCATION: The subject lands are described as Block 81, Plan 41M-329, and are located on the west side of Lowrie Crescent, between Wilson Avenue and Denrich Avenue, south of Concession Street West in the Town of Tillsonburg. OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Residential Land Use Plan Schedule “T-2” Town of Tillsonburg Low Density Residential. Residential Density Plan TOWN OF TILLSONBURG ZONING BY-LAW NO. 3295: Existing Zoning: Low Density Residential Type 1A Holding Zone (R1A-H) Special Low Density Residential Type 1A Holding Zone (R1A-18H) 43 Report No: CASPO 2017-339 COMMUNITY PLANNING Council Date: November 27, 2017 Page 2 of 3 Special Low Density Residential Type 1A Holding Zone (R1A-19H) Special Low Density Residential Type 1A Holding Zone (R1A-20H) Special Low Density Residential Type 2 Holding Zone (R2-14H) Special Low Density Residential Type 2 Holding Zone (R2-15H) Special Low Density Residential Type 3 Zone Holding Zone (R3-13H) PROPOSAL: A request for extension to draft plan approval for the above noted subdivision has been received by the Town of Tillsonburg and the County of Oxford. The applicant has requested a 2 year extension to the draft plan until February 2020. For Council’s information, Oxford County granted draft plan approval for a residential plan of subdivision on the subject property in February 2007. The draft plan proposed development of 290 lots for single detached dwellings, 6 blocks for townhouses, 4 blocks for either townhouses or single detached dwellings, 6 blocks for walkways, 3 blocks for road widenings, 1 reserve block, 2 stormwater management blocks, 2 parkland blocks, 1 block to be conveyed to an adjacent property owner and 11 local streets. Approval was granted subject to 26 conditions and an original lapsing date of February 14, 2010. An extension was granted in 2010 for one year, a 5 year extension was granted in 2011, and a 2 year extension was granted in 2016. Since the original draft approval, three phases have been registered. Phase 1 was registered in 2007 and consisted of 42 single detached dwelling lots, 3 blocks for townhouses, a storm water management block and a park block. Phase 2 was registered in 2013 and included 52 single detached dwelling lots, a storm water management block and a park block. Phase 3 was registered in 2017 and comprises 75 lots for single detached dwellings and 5 townhouse blocks for 20 street fronting townhouse dwellings. Phase 2 of Andrews Crossing is currently vacant and comprises approximately 5.91 ha (14.61 ac). Plate 1, Location Map, shows the location of the subject lands, with an overlay of the draft approved plan of subdivision. Plate 2, Draft Approved Plan of Subdivision, shows the proposed lot and road configuration of the draft plan approved subdivision. Planning Analysis The applicant has requested an extension of draft plan approval for the above noted subdivision for an additional two (2) year period. As indicated in the request, the applicant has recently registered Phase 1 of Andrews Crossing, and is planning on servicing the remaining lands in 2019. Staff are recommending that a two (2) year extension be granted, as is the practise to ensure that sufficient water/wastewater capacity continues to exist, and to ensure the applicant continues to actively work towards registration of the approved plan. It is also noted that none of the agencies circulated had any concerns with the proposed extension. At such time as the two (2) year period draws to a close, an application for an additional extension would be considered. 44 Report No: CASPO 2017-339 COMMUNITY PLANNING Council Date: November 27, 2017 Page 3 of 3 In light of the foregoing, Planning Staff are supportive of a two (2) year extension of the draft approved plan of subdivision as it will allow the applicant additional time to clear the outstanding conditions of draft plan approval and register the remaining phase of the draft plan of subdivision. A resolution of Town Council in support of the requested extension is required prior to consideration of by the County. RECOMMENDATION It is recommended that the Council of the Town of Tillsonburg advise Oxford County that the Town supports an extension of draft approval for a plan of subdivision submitted by Performance Communities Realty Inc. (Andrews Crossing), for lands described as Block 81, Plan 41M-329, Town of Tillsonburg, to February 14, 2020, to grant additional time to satisfy the conditions of draft plan approval and register the remaining phase of the draft plan of subdivision. SIGNATURES Authored by: original signed by: Eric Gilbert, MCIP RPP, Senior Planner Approved for submission: original signed by: Gordon K. Hough, RPP, Director 45 46 I:\ACADProjects\2017\1705\01-Model\1705_ConceptPlan.dwg,27/02/20172:01:55PM,CJDLPC22,1:1ANDREWSCROSSING CONCEPT PLANTOWN OF TILLSONBURG Cyril J. Demeyere Limited P.O. Box 460, 261 Broadway Tillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.com PHASE 1 PHASE 2 PHASE1PHASE2PHASE 1 PHASE 2REIDSTREET GRANDVIEW DRIVE DENRICHAVE.JANE STREET QUARTERTOWNLINEDEREHAM DRIVE GRANDVIEW DRIVE ESSELTINE DRIVE DENRI CHAVENUESANDERSDENRI CHAVE. DEREHAM DRIVE WILSON AVENUE DENRICHAVE.A R N O L D S T R E E T S A N D E R S C R E S C E N T DEREHAMDRIVE WILSON AVENUEQUARTERTOWNLINEWILSONAVENUE D E R E H A M D R I V E CRESCENTLOWRIECRESCENTARNOLDSTREETVICTORIAWAY 47 Report Title Economic Development and Marketing Third Quarter Summary Report No. Report DCS 17-38 Author Cephas Panschow Meeting Type Council Meeting Council Date November 27, 2017 Attachments Q3 2017 - DCS Page 1 / 3 Report DCS 17-38 RECOMMENDATION THAT Council receive Report DCS 17-38 Economic Development and Marketing Third Quarter Summary for information purposes. EXECUTIVE SUMMARY The purpose of this report is to provide Council with an overview of third quarter activity, financial results and business plan objectives. BACKGROUND Economic Development Activity Q3 2016 Q3 2017 (TARGET) Q3 2017 (ACTUAL) Lead Files Opened 38 80 38 Lead Files Closed 35 90 27 Corporate Visits 18 18 8 Client Visits 19 14 20 New Businesses Opened 8 11 15 Businesses Closed 2 N/A 5 Website Activity (Main Business Page) 1,804 2,550 1,685 Website Activity – All Town Pages N/A N/A 357,292 48 Page 2 / 3 CAO While some metrics are below targets, two of the key areas (Client Visits to Tillsonburg and New Businesses opened) are above targets. In addition to this, the Lead Files Opened metric does not include leads generated by the Southwestern Ontario Marketing Alliance, which would add another 108 lead files to the ones developed by the Town to date. This means that the total leads target for the Town is already over the target for the whole year. The following table summarizes the status of the 2017 Business Plan objectives: Item Budget Value Target Date Status Branding Implementation (Phase 2) $12,000 Q2 Nearing completion. RFQ for Wayfinding Signage Updates has been released and work is subject to 2018 budget approval Branding Implementation (Vehicles) $17,000 Q4 Nearing completion Downtown Revitalization $2,000 Q2 Not initiated due to special events and other items added to work plan Community Improvement Plan $10,000 Q1-Q4 New marketing material completed and distributed. Chamber Sponsorship (Awards) $3,800 Q2 Completed in Q2 Chamber Sponsorship (Grant for Gala) $4,000 Q2 Completed in Q2 Mission to Asia $12,000 Q4 In progress Youth Robotics Challenge $1,000 Q4 In progress Residential Marketing Campaign $45,000 Q1-Q4 Only a partial program implemented in 2017 due to timing related to major partners new subdivision developments Downtown Parking Lot Study $35,000 R Q2 Project has been awarded to IBI Group and is scheduled for completion in the first half of 2018 Hwy 3/Clearview Dr Intersection Improvements $550,000 R & DC Q4 Delayed due to potential endangered species. 50% design approval obtained and working towards 100% approval by Ministry of Transportation. Anticipate release of tender in early 2018 for construction Spring 2018 49 Page 3 / 3 CAO CONSULTATION/COMMUNICATION Not applicable. The Development Committee is provided with a summary of this report at their regular meetings. FINANCIAL IMPACT/FUNDING SOURCE The Economic Development & Marketing Department variances for the second quarter of 2017 are as follows: Department Variance (Brackets denote under budget) Explanation Economic Development ($10,241) Subcontractor Expense under $7,500 - CIP rebates. Anticipated to meet budget. Development & Communications $9,261 Due to timing. Anticipated to meet budget COMMUNITY STRATEGIC PLAN (CSP) IMPACT Not applicable. 50 2017 2017 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (30,000) (5,562) 24,438 81%1 Total Revenues (30,000) (5,562) 24,438 81% - Expenditures Purchases 51,434 37,033 (14,401)28%2 Debt Principal & Interest 97,494 96,718 (776)1% Total Expenditures 148,928 133,751 (15,177)10% - Total Net Levy 118,928 128,189 9,261 8% - Notes 1 Discover Tillsonburg under $24,400 - timing 2 Special Projects under $16,400 - Discover Tillsonburg 51 2017 2017 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (9,000) (6,145) 2,855 32% User Charges (80,625) (64,380) 16,245 20%1 Other Revenue - (1,000) (1,000)100% Total Revenues (89,625) (71,525) 18,100 20%- Expenditures Labour 204,848 200,080 (4,768)2% Purchases 80,824 76,775 (4,049)5% Contracted Services 11,101 3,689 (7,412)67%2 Contribution to Reserves 62,625 47,066 (15,559)25%1 Interfunctional Adjustments -9,450 -6,004 3,446 36% Debt Principal & Interest 19,186 19,187 1 0% Total Expenditures 369,134 340,793 (28,341)8%0 Total Net Levy 279,509 269,268 (10,241)4% Notes 1 2 Subcontractor Expense under $7,500 - CIP rebates Revenue from Packet Works for sales relating to rural broadband contract 52 ORGANIZATION Capital Projects Project Department Version Year X33 AMP Implementation Project Finance 3 - SMT final 2018 Description Project Description This project is for the development of an asset management plan that contains all of the Town’s capital assets and coordinates with the Town’s budgeting software. Project Justification In 2017 the Federation of Canadian Municipalities (FCM), launched a new program to support the development of an asset management plan. At the same time the Province has increased the requirements of asset management planning. In the past, the Town’s plans have been developed externally using information available from our Operations Department. This new plan would look at the replacement of assets as required based on condition assessments. It would also be developed in house by adding a contract staff person in Finance teamed with Engineering’s existing Asset Management Technician for the period required to develop the program using software that coordinates with our existing budgeting software. This will be funded from grants from FCM and OCIF provided the Town's application is successful. This project is a pre-budget approval request. Budget 2018Total Expenditures Construction Subcon Exp 150,000150,000 150,000 150,000 150,000 150,000Expenditures Total Funding Grants 150,000150,000 150,000 150,000Funding Total Page No. : 1 53 ORGANIZATION Capital Projects Project Department Version Year X37 Concession St E Reconstruction (Maple to Demeyere) Storm Sewers 3 - SMT final 2018 Description Project Description The Concession Street East Reconstruction Project involves the complete reconstruction of the pavement structure including new barrier curb and gutter with parking stalls, sidewalks, and storm drainage improvements. The new pavement structure would be designed to current standards with an adequate granular base and asphalt thickness. A sub drain network would also be installed to ensure any surface runoff that migrates to the granular base is intercepted and directed to the storm water system decreasing the rate of road deterioration and the required maintenance to ensure compliance with the MMS. Project Justification The replacement and renewal of the core infrastructure for this project would not only increase the safety of motorists, but also pedestrians who live in the area or utilize the baseball recreational facility. In addition, the ongoing costs associated with maintaining the road asset for an extended period of time would also be reduced. The introduction of sidewalks would not only separate vehicular and pedestrian traffic improving pedestrian safety, but also provide safe pedestrian access to the baseball recreational facility from the nearby elementary schools and the high density apartment complex. The installation of parking stalls, including accessible parking would alleviate the potential for serious injury, especially during event activities in this area. 90% of the funding for this project will be funded from an OCIF grant which was announced in 2017. This project is a pre-budget approval request. Budget 2018Total Expenditures Construction Subcon Exp 910,000910,000 910,000 910,000 910,000 910,000Expenditures Total Funding Grants 820,900820,900 Taxation 89,10089,100 910,000 910,000Funding Total Page No. : 2 54 ORGANIZATION Capital Projects Project Department Version Year X14 Annandale Ball Park - Parking lot Parks 3 - SMT final 2018 Description Project Description Complete implementation of expanded parking lot using part of former Diamond #1. Entrances, drainage, etc. to be integrated with Concession Street E reconstruction project Project Justification Site requires adequate off-street parking to accommodate tournament and league traffic while maintaining safety on Concession Street. Integrating the timing of the project with the road reconstruction will save on mobilization and materials costs. This project is a pre-budget approval request. Budget 2018Total Expenditures Construction Subcon Exp 50,00050,000 50,000 50,000 50,000 50,000Expenditures Total Funding Taxation 50,00050,000 50,000 50,000Funding Total Page No. : 3 55 ORGANIZATION Capital Projects Project Department Version Year X39 Asphalt Program Roads 3 - SMT final 2018 Description Project Description Partial depth resurfacing (top layer) or Full-depth rehabilitation (top & bottom layers) with spot curb and gutter repairs would be completed on various streets within Town. Project Justification During a road’s lifecycle, there are opportunities for work activity to extend the life of the roadway which generally coincides with its condition. Utilizing the two most economical pavement management strategies outlined in the Towns Asset Management Plan it has been determined that in order to maintain the current road network condition that rehabilitation investment varies between $900,000 to $1,200,000 per year over the next ten years (excluding road renewal through reconstruction activities). Using these strategies, and depending on individual road conditions, the most economical annual road resurfacing program is developed within the allocated budget. The funding for this will come from the Gas Tax Reserve. This project is a pre-budget approval request. Budget 2018Total Expenditures Construction Subcon Exp 382,400382,400 382,400 382,400 382,400 382,400Expenditures Total Funding Grants 382,400382,400 382,400 382,400Funding Total Page No. : 4 56 ORGANIZATION Capital Projects Project Department Version Year X95 Waterpark renos Rec - Bldg Mtce 3 - SMT final 2018 Description Project Description Facility Condition Analysis (FCA): Site Features - $18,000 - Pool deck sealant Building structure - $65,000 - Lintels, beams, deck ramps & railings Building envelope - $35,500 - Masonry repairs Mechanical systems - $3,500 - Backflow prevention Electrical - $7,000 - Lighting Project Justification Life cycle capital repairs as per Facility Condition Analysis. This work will reduce some of the issues that led to lower operating revenue in 2017. The 2017 FCA identified that the building is in fair & service condition. It can be maintained in operation for another 15-20 years if the recommended repairs & maintenance are carried out within the time frames identified. This project is a pre-budget approval request. Budget 2018Total Expenditures Construction Subcon Exp 129,000129,000 129,000 129,000 129,000 129,000Expenditures Total Funding User Pay Debt 100,000100,000 Taxation 29,00029,000 129,000 129,000Funding Total Page No. : 5 57 Report Title Quarter Town Line Corridor Management Study Report No. OPS 17-32 Author Eric Flora, P. Eng., CET, Manager of Engineering Meeting Type Council Meeting Council Date November 27, 2017 Attachments Page 1 / 5 RECOMMENDATION: THAT Council receive Report OPS 17-32, Quarter Town Line Corridor Management Study; AND THAT the cost estimate of $125,000 associated with implementing the site-specific remedial actions along Quarter Town Line be referred to the 2018 budget deliberations. BACKGROUND The 2017 Operations Business Plan identified undertaking a corridor management study along the Quarter Town Line (QTL) corridor between Baldwin Street and the northern Town limits. The purpose of the study was to identify corridor improvement countermeasures to existing and anticipated traffic operations and safety concerns within the 4km two-lane arterial roadway corridor. There are three elementary schools along Quarter Town Line; South Ridge Public School, Monsignor O’Neil Catholic Elementary School and Westfield Public School. With the recent build-out of Baldwin Place and Glendale West subdivisions, the ongoing build-out of the Oaks, Brookside and Oak Park subdivisions, the proposed Andrew’s Crossing subdivision and the proposed 360 QTL townhomes, these residential developments are contributing to an increase in the number of vulnerable road users along QTL. Paradigm Transportation Solutions Limited consultants were retained to collect geometric characteristic data, undertake a traffic operations review (i.e. school crossing zones, truck routes) and collision analysis, identify safety and operational issues, recommend potential remedial measures and develop an implementation phasing strategy for consideration. The main project objectives included the following: • Develop a plan to create a safe and efficient roadway corridor, while mitigating conflicts and removing barriers; • Improve opportunities for active transportation while minimizing conflicts between vehicles and vulnerable road users; • Provide additional safe opportunities for pedestrian and bicycle crossings; • Integrate and coordinate with the Towns Trail Master Plan to produce a cohesive strategy; • Identify countermeasure improvements for study zone priority locations (schools, trails, etc); and • Develop an implementation plan. 58 Page 2 / 5 SUMMARY Figure 1 shows the limits of the study, including the two (2) all-way stop controlled intersections, posted speed limits, existing schools and school crossing guard locations and development along the QTL corridor. The main safety and operational issues identified along the QTL corridor are as follows: • High operating speeds in school zones and on the road segment north of Baldwin Street; • Lack of protected/controlled crossing near Monsignor O’Neil School, Westfield Public School and at the midblock trail crossing north of Baldwin Street; • Visibility issues at South Ridge Road and Concession Street; and • Continuity issues of the existing heavy truck routes. In order to provide an increased level of safety for vulnerable road users and address the above-noted issues, a number of site-specific remedial actions are recommended for implementation in a phased approach are as follows: PHASE 1 • Pavement marking and signage improvements/enhancements at Concession Street and QTL intersection. • Installation of Pedestrian Crossover (PxO) Level 2 Type C crossings estimated at $26,000 each at the following locations: North leg of South Ridge Road and QTL South leg of Glendale Drive and QTL South leg of Dereham Drive and QTL Midblock location where Veteran’s Memorial Walkway trail intersects with QTL • Improvements of the warning signs installed within the school zones – School Zone Maximum Speed 40 km/hr When Flashing signs and associated School Zone Flasher Systems1 estimated at $7,000 per location. • Implementation of designated truck route along Baldwin Street between QTL and Broadway. 1 It should be noted that during off-hours within the designated school zones, the speed limit on QTL would go back up to 50 km/h as a benefit to the driving public. PHASE 2 • Installation of bikeway facilities (on-road bike lane) from Baldwin Street to North Street 2 • Consideration of No Stopping zones on both sides of QTL within school zone areas • Curb extensions/bulb-outs and additional curb ramps at PXO locations. • Converting the stop-controlled intersection at Concession Street to a roundabout 2 The installation of on-road bike lanes along QTL from Baldwin Street to North Street would connect to the east-west trail system and provide access to the main generators of bike traffic, including South Ridge Public School, Monsignor O’Neil Catholic Elementary School, Westfield Public School and the Tillsonburg Minor Soccer facility. 59 Page 3 / 5 In order to address the speeding concern within the school zones prior to any improvement measures being implemented, staff will contact the Ontario Provincial Police and request that increased enforcement be provided within these zones. Council may also be aware that recently passed legislation in the Province of Ontario (Bill 65) means that municipalities will be eligible (through an approved municipal by-law) to deploy Automated Speed Enforcement (ASE) technology (i.e. similar to red light cameras) in school zones and community safety zones of 80km/h or less. By undertaking the QTL Corridor Management study and implementing the school zone remedial action items, the Town will be in a positive position to implement the ASE program within school zones should Council desire. CONSULTATION/COMMUNICATION Town By-Law Enforcement and Recreation, Culture and Parks staff were consulted regarding the recommendations. Staff will continue to work with these departments during the implementation phase. Any related Traffic By-law amendments required for the installation of any new traffic control devices along QTL would be brought forward for Council consideration. FINANCIAL IMPACT/FUNDING SOURCE Staff are requesting that the total estimated capital budget implication of $125,000 associated with Phase 1 of the proposed remedial measures be referred to the 2018 budget deliberations. COMMUNITY STRATEGIC PLAN (CSP) Implementation of active transportation network linkage supports community connectivity and is supported by the Community Strategic Plan under Goal 3.3 to support the aging population and active senior citizenship and under Goal 4.3 to improve mobility and promote environmentally sustainable living. 60 Page 4 / 5 61 Page 5 / 5 62 Quarter Town Line Corridor Management Study November 27, 2017 63 Study Objectives Develop a plan to create a safe and efficient roadway corridor, while mitigating conflicts and removing barriers Improve opportunities for active transportation while minimizing conflicts between vehicles and vulnerable road users Provide additional safe opportunities for pedestrian and bicycle crossings Identify countermeasure improvements for study zone priority locations (schools, trails, etc.) Develop an implementation plan 64 Study Area 65 Traffic Operations NB SB NB SB South Ridge Road 40 53 52 15 16 180 m south of Glendale Drive 40 53 52 11 11 Between Grandview Drive & Dereham Drive 50 54 56 11 11 245 m north of Baldwin Street 50 62 61 11 12 Location on QTL Posted Speed (km/h) 85th Percentile Speed (km/h)Standard Deviation Each intersection operates under acceptable conditions or better The 85th percentile speed consistently exceeds the posted speed by speeds ranging from 11 to 13 km/h at each location except at the location between Grandview Drive and Deheram Drive 66 Identification of Safety and Operational Issues The main safety and operational issues to address on the study corridor include the following: High operating speeds in school zones and on the road segment north of Baldwin Lack of protected/controlled near Monsignor O’Neil School, Westfield Public School and at the midblock trail crossing north Baldwin Street Visibility issues at South Ridge Road and Concession Street Continuity issues of the existing Truck Routes 67 South Ridge Road Observation Picture Limited visibility at the school crossing Driveway that comes out directly onto the southbound crosswalk 68 Glendale Drive Observation Picture No controlled crossing located in the vicinity of the school 69 Concession Street Observation Picture Visibility issues on the northeast corner of the intersection 70 Dereham Drive Observation Picture Parking on the east side of QTL Location of the school crossing guard 71 QTL north of Baldwin Street Observation Picture Midblock crossing at uncontrolled locations 72 Baldwin Street A truck travelling northbound at the intersection is prohibited to make a right-turn onto Baldwin Street or to continue straight on QTL. View looking north View looking east 73 Potential Remedial Measures and Solutions – PHASE 1 The type of treatments that will require a consistent approach along the subject corridor are: Controlled crossings: Pedestrian Crossover (PxO) Level 2 Type C: –North leg of South Ridge Road and QTL; –South leg of Glendale Drive and QTL; –South leg of Dereham Drive and QTL; and –Midblock location where Veterans Memorial Walkway trail intersects with QTL. 74 Potential Remedial Measures and Solutions – PHASE 1 Warning signs used at school areas: replace the existing SCHOOL AREA sign (Wc-1) by SCHOOL ZONE MAXIMUM SPEED WHEN FLASHING signs (RB-6A) at the three school zones Heavy Truck Route: permit heavy vehicle access on Baldwin Street between QTL and Broadway 75 Potential Remedial Measures and Solutions – PHASE 1 To address the visibility issues at Concession Street and QTL intersection: Install NO PARKING signs on each corner of the intersection Relocate the northbound and southbound stop bars closer to the edge of the opposite direction travel lanes Install ‘stop ahead’ signs on the northbound and southbound approaches to increase the likelihood of motorists stopping at the intersection 76 PHASE 2 Remedial Measures Should the initial Phase 1 implementation measures not achieve the expected speed reduction and safety improvements, the Town may consider: Curb extensions at the crossings where PxO Level 2 Type ‘C’ were installed Converting the stop-controlled intersection of Concession Street and QTL to a ‘roundabout’ configuration Install on-street bike lanes on QTL from Baldwin Street to North Street Install NO STOPPING signs during the school arrival and departure periods on both sides of QTL in all school zones to encourage the use by parents of the pick-up/drop-off area located on the school property 77 Cost Estimate PHASE 1 $26,000 per each PxO Level 2 Type C $7,000 for each school zone flashing improvements PHASE 2 $12,000 for the installation of curb extensions per each PxO location Roundabout conversion of Concession Street and QTL intersection – avg cost $250,000 depending on ‘footprint’ size and right-of-way acquisitions 78 Thank You! Thank you!! Further comments can be sent to: Gene Chartier chartier@ptsl.com Eric Flora eflora@tillsonburg.ca 79 Report Title Results for RFP 2017-011 Street Sweeper Report No. OPS 17-30 Author Dan Locke, C.E.T., Manager of Public Works Meeting Type Council Meeting Council Date November 27, 2017 Attachments Page 1 / 2 RECOMMENDATION THAT Council receive Report OPS 17-30 Results for RFP 2017-011 Street Sweeper; AND THAT Council award RFP 2017-011 to Cubex Ltd. at a cost of $259,042.63 (before taxes), the highest scoring proposal received; SUMMARY Utilizing the adopted Fleet Replacement Strategy Roads Unit #85, a 2009 street sweeper was identified for replacement in the 2017 Operations Business Plan. In accordance with the Purchasing Policy a Request for Proposal (RFP) that incorporated performance based specifications was issued for the supply and delivery of a new street sweeper complete with enhanced operational features as well as an environmentally compliant (Tier 4 Final emissions standards) engine. The RFP was released on October 16th 2017 and closed on October 31st 2017 with a total of six (6) plan takers and three (3) proposals received. The RFP was advertised on the Tillsonburg website, the Tillsonburg News, Ebid Solutions and on Biddingo. Town staff reviewed and scored the three (3) proposals based on the scoring tool that was included in the RFP. The scoring tool is as follows: Compliance with General Specifications 30 pts Vehicle Servicing & Replacement Parts 10 pts Warranty, Manuals, Training & Delivery 10 pts Operational Assessment & References 25 pts Proposed Price 25 pts Total Score 100 pts The pricing of all proposals received ranged from $228,540.64 to $259,042.63 (before taxes). The scoring results from the Evaluation Committee are summarized in the table below: 80 Page 2 / 2 Proponent Total Score Cubex Ltd. 75 NexGen Municipal 62 Joe Johnson Equipment 61 While the unit proposed by Cubex Ltd. was not the lowest price received it is the highest scoring proposal offering the most compliant unit based on the specifications outlined in the RFP. In addition Cubex Ltd. provide the shortest delivery time which will allow this unit to be placed into service before the 2018 spring season and clearly outperformed the other proposed units in several areas during the in-field operational assessment. It is therefore staff’s recommendation to award this RFP to Cubex Ltd. CONSULTATION/COMMUNICATION The Evaluation Committee comprised of the Manager of Public Works, Fleet Maintenance Foreperson, Roads Foreperson and two (2) Heavy Equipment Operators assembled to evaluate the proposals and to later assess the overall functionality of each of the proposed units during an in-field operational assessment/demonstration by the Proponents. FINANCIAL IMPACT/FUNDING SOURCE The 2017 approved budget to replace Roads Unit #85 is $280 000 from Fleet & Equipment Reserves. The recommended proponents price of $259,042.63 (before taxes) plus other Town associated costs of approximately $1,200 for decal expenses and two-way radio reinstallation is within the 2017 approved budget. COMMUNITY STRATEGIC PLAN This project supports Objective 2 – Economic Sustainability of the Community Strategic Plan by providing the necessary equipment to assist in maintaining the Town’s road network. 81 Report Title Results for RFP 2017-010 LED Streetlight Conversion Project Report No. OPS 17-31 Author Kevin De Leebeeck, P.Eng., Director of Operations Meeting Type Council Meeting Council Date November 27 2017 Attachments • OPS 17-19 LED Streetlight Conversion • Consultant Agreement Page 1 / 2 RECOMMENDATION THAT Council receive Report OPS 17-31 Results for RFP 2017-010 LED Streetlight Conversion Project; AND THAT Council authorize 2018 pre-budget approval in order for the proponent to secure IESO grant funding on behalf of the Town; AND THAT Council award RFP 2017-010 to ERTH Corporation at a cost of $1,422,074 (before taxes), the highest scoring proposal received; AND THAT a By-law authorizing Mayor and Clerk to execute the Consultant Agreement with ERTH Corporation be brought forward for Council consideration; AND THAT pursuant to the Town of Tillsonburg Debt Management Policy, the Director of Finance be authorized to place debt to finance the project with debt servicing costs funded through operational savings (reduced energy consumption) resulting from completing this project. SUMMARY Further to direction provided through Operations Report OPS 17-19 LED Streetlight Conversion (attached) a Request for Proposal (RFP) was issued to acquire a full turn-key service provider for the LED streetlight conversion project. After meeting with key members of the BIA as requested by Council an RFP was released on October 24th 2017 and closed on November 9th 2017 with a total of 29 plan takers and six (6) proposals received, two (2) of which were disqualified for non-compliance with the RFP terms and conditions. The RFP was advertised on the Tillsonburg website, the Tillsonburg News, Ebid Solutions and on Biddingo. Town staff reviewed and scored the proposals based on the scoring tool that was included in the RFP. The scoring tool is as follows: Corporate Qualifications and Experience 10 pts Project Team 10 pts Approach and Methodology 30 pts Other Value Added 15 pts Schedule and Work Plan 10 pts Proposed Fee 25 pts Total Score 100 pts 82 Page 2 / 2 The proposed fees of the proposals received, excluding any IESO grant rebate, varied from $1,261,537 to $1,743,170 (before taxes). The scoring results from the Evaluation Committee are summarized below. Proponent Total Score ERTH Corporation 93 RealTerm Energy 87 Ameresco Canada Inc. 82 PowerServe Inc. 73 Roberts Onsite Inc. DSQ Maple City Electric DSQ ERTH Corporation have strong background and experience that relates directly to the type of work contemplated for this project, including: • direct municipal experience with small urban downtown lighting revitalizations, • propose the shortest project timeframe in order to realize energy cost savings sooner, • offer two (2) Electric Vehicle Charging (EVC) stations for the Town to install in locations of their choosing, • offer to involve Tillonsburg Hydro Inc. during installations to help reduce project costs, • support the Town and BIA to implement improved WiFi in the downtown core, and • will remain as our dedicated service provider for the next 10 years, including manufacturer warranty administration. Therefore it is staff’s recommendation that ERTH Corporation be retained for this assignment. CONSULTATION/COMMUNICATION The Director of Operations, Manager of Engineering, Manager of Public Works and Asset Management Technologist were consulted during the evaluation. FINANCIAL IMPACT/FUNDING SOURCE The recommended proponent’s fee of $1,422,074 (before taxes) to complete the scope of work for this assignment is to be funded by energy savings debt proceeds, however in order for the proponent to secure IESO grant funding on behalf of the Town, staff are requesting that this project be given 2018 pre-budget approval. COMMUNITY STRATEGIC PLAN The conversion of the Town’s streetlight network to LED technology is supported within the Community Strategic Plan under Objective 1 – Excellence in Local Government and Objective 2 – Economic Sustainability through the investment of energy efficient, cost effective alternatives to reduce greenhouse gas, electricity consumption and operational costs. 83 Report Title LED Streetlight Conversion Report No. OPS 17-19 Author Kevin De Leebeeck, P.Eng., Director of Operations Meeting Type Council Meeting Council Date August 21, 2017 Attachments Page 1 / 7 RECOMMENDATION THAT Council receive Report OPS 17-19 LED Streetlight Conversion; AND THAT Council direct staff to implement streetlight design standards in the Town’s Engineering Design Criteria; AND THAT Council direct staff to prepare and issue a full turn-key LED Streetlight Conversion Request for Proposal; AND THAT Council approve this energy savings project to be funded from a debenture through a revised 2017 Budget. SUMMARY The Town of Tillsonburg currently owns and manages a network of approximately 2,800 streetlights, of which 1850 fixtures are the standard “cobra head” High Pressure Sodium (HPS) associated with mainly arterial and collector roadways, 750 are decorative fixtures mainly located in subdivisions and the Business Improvement Area, with the balance a mixture of HPS, metal halide, and fluorescent fixtures located in parks, trails, parking lots and other Town facilities. Street lighting, in general terms, provides some significant societal advantages, primarily the prevention of motor vehicle/pedestrian related collisions and overall general improvement in public safety. Studies have shown that dark and improperly lit roadways can result in collisions, especially those involving pedestrians; fatalities are 3 to 6.75 times more likely in the dark than in daylight. Appropriate street lighting has been found to reduce nighttime pedestrian/motor vehicle collisions by approximately 50%. The Town of Tillsonburg’s existing street light system is one of its largest consumers of electricity, consuming approximately 1,500,000 kilowatts of electricity on an annual basis, at a cost of approximately $260,000. When combined with the $85,000 in annual maintenance costs the Town spends approximately $345,000 to operate and maintain the current streetlight network. In an effort to substantially reduce electricity consumption, provide better quality lighting and a more efficient streetlight system as a whole, Town staff have explored Light Emitting Diode (LED) streetlight technology and potential streetlight replacement strategies. 84 Page 2 / 7 LED Lighting The use of LED’s in roadway lighting fixtures has become a common accepted practise in the streetlight industry. Most manufacturers have introduced LED fixtures as their main focus in their respective product lines. LED’s are semiconductor devices that emit light when an electric current passes through them. They are designed for better control over the electrical current resulting in low current, low voltage consumption, and less heat output than HPS. These types of lights tend to have a long lifespan, low overall maintenance costs and significant energy savings. The expected lifespan of an LED streetlight is approximately 15 to 20 years with most manufacturers offering a warranty/guarantee for a minimum of 10 years. LED lighting on municipal roadways provides an opportunity to recognize significant savings in electricity and maintenance over the lifecycle of the asset. While other high-efficiency lighting options exist, the use of LED technology has rapidly become the preferred solution throughout the streetlight industry, due to its lifespan, controllability, efficiency and light uniformity. It is estimated that a 60% reduction in electricity usage, equivalent to nearly 100 tonnes of greenhouse gas emissions, can be saved annually through the installation of a full LED streetlight replacement program. Current LED streetlight technology can now provide the Town of Tillsonburg with enhanced roadway lighting and significant operating and maintenance costs savings. The cost of a single LED streetlight fixture is now at a price point where it can pay itself back in future reduced maintenance and operating costs over a 7 to 9 year period. LED lights do not generally reach end of life in the same way as HPS lights – that is to stop emitting light at all. LED light output declines continually over the life of the fixture. It is generally accepted that an LED light will reach its end of life when its light output declines to 70% of its original value. Consequently, LED replacement lights shall be selected such that at the end of life, or 70% output, they will still meet the minimum roadway lighting requirements. Replacement Strategies As with any infrastructure replacement undertaking of this type there are multiple solutions for design, procurement, installation and commissioning. As a result the following list of conversion strategies were considered and evaluated by staff: • Award of a turn-key contract with a significant provider in Ontario • A competitive bid process to award a turn-key contract • A competitive bid process to award a streetlight re-lamping only contract • A self-managed and directed replacement program • A more gradual conversion program through retrofits done with road reconstruction projects and maintenance programs In the end it was determined that a competitive bid process to award a full turn-key contract would ultimately be the most appropriate solution. Since there are a number of vendors in the streetlight market a competitive contract would be more in keeping with the Towns financial responsibility to provide best value to the taxpayers. A turn-key implementation option also minimizes project risk, maximizes implementation timelines, and is cost effective with respect to other implementation options considered. 85 Page 3 / 7 Streetlight Standards Most of the Towns streetlight network has been installed based on the generally accepted past practice of horizontal spacing between poles, while other newer sections in Town have been designed to industry roadway illumination standards. Given that the Town currently does not have any streetlight design criteria Engineering Services reviewed the two most commonly used industry standards. One established by the Transportation Association of Canada (TAC) in the Guide for Design of Roadway Lighting (2006) contains lighting level standards. The other standard considered was the American National Standard Institute/Illuminating Engineering Society North America (ANSI/IESNA) RP-8-14, American National Standard Practice for Roadway Lighting. Both standards have recently been updated to reflect the changes in technology, including LED fixtures. After comparing both standards and reviewing the Town’s past and current practice in new developments Engineering Services has adopted the ANSI/IESNA RP-8-14 standard as the best fit with current infrastructure within the Town to provide consistent lighting levels moving forward. The implementation of streetlight design criteria will outline items such as submission requirements for staff review and approval, roadway illumination requirements (RP-8-14) and material specifications based on the LED streetlight conversion program results in order to standardize/minimize streetlight fixture inventory costs. Therefore the Request for Proposal (RFP) will require Proponents to perform a system wide audit to provide the Town with a level of certainty that the level of illumination meets the RP-8-14 standard or, where this is not possible due to other existing factors such as pole spacing, provides a level of service equal to or better than the current condition. Poles and Brackets Historical capital reinvestment in the Towns streetlight system has been negligible; as a result the Towns 2016 Asset Management Plan rated approximately 60% of the streetlight network as “poor” to “very poor” based solely on the estimated service life. Performing a system wide inventory and streetlight pole condition assessment will not only provide staff with a better understanding of the state of streetlight infrastructure, but will also identify poles that require immediate replacement in order to successfully convert the fixtures to LED. Therefore staff recommend that a system wide data inventory collection and streetlight pole condition assessment be included in the RFP scope of work and that a pole replacement allowance equivalent to 5% of the total amount of streetlight poles (based on internal random sampling results) be used by the Proponents when determining their proposed fee for the project. Wiring and Fuses The fuses and wiring components are integral to the streetlight itself and are therefore consider as part of the project. Improvements to the wiring and fuses, where required, will also ensure compliance with new Electrical Safety Authority (ESA) safety standards. In light of this, the RFP will require Proponents to include the costs associated (labour, material, etc.) with rewiring approximately 60% of the streetlight network from the streetlight pole base up to the new LED fixture. 86 Page 4 / 7 Photocells A photocell is a device in the streetlight that senses ambient light levels and signals to the fixture to turn on or off. Each fixture has its own photocell that works independently from any other fixture’s photocell. The average remaining service life of the existing photocells is estimated to be between 3 to 5 years, at which point they will require replacement. Given that long-life photocell devices are now available that match or exceed the projected life span of LED fixtures, staff recommend that the RFP require Proponents to include the costs associated (labour, material, etc.) with a system wide replacement of existing photocells as part of the scope of work to minimize streetlight maintenance costs in the future. Decorative Fixtures For the 750 decorative lighting fixtures there are 5 different styles of fixtures which are fairly specific to each manufacturer. As a result the conversion of decorative fixtures to LED will likely require complete replacement of the fixture with another suitable fixture style. Approximately 600 of the decorative fixtures are the old Top-Hat style fixture, as shown in Figure 1, which are installed in many of the subdivisions throughout Town. While decorative fixture replacement is costly there is opportunity for significant project savings (as outlined in financial business case Scenario 1) and further energy savings through the replacement of the old Top-Hat style fixture with the typical cobra head style fixture as shown in Figure 2. The cobra head style fixture also provides greater opportunity and flexibility to further enhance lighting levels of service and/or satisfy roadway illumination standards. Therefore, staff recommend that the RFP require Proponents to replace the approximate 600 old Top-Hat style fixtures with a suitable cobra head style fixture. Figure 1: Old Top-Hat Style Fixture 87 Page 5 / 7 Figure 2: Cobra Head Style Fixture Project Schedule Subject to Council approval staff will work to develop an appropriate Request for Proposal (RFP) that incorporates the items discussed in this Report. It is anticipated that the RFP can be prepared by the end of September 2017 and issued shortly thereafter. Subject to award, staff would anticipate data collection, condition assessment and material purchase orders in late 2017 with the installation of LED street lighting beginning in early 2018. It is anticipated it will take approximately five to seven months to convert all 2,800 streetlights to LED streetlight technology. CONSULTATION/COMMUNICATION The Independent Electricity System Operator (IESO) funds various SaveONenergy programs and provides incentives for LED streetlight fixtures under the Retrofit Program available through local electric utilities (i.e. Tillsonburg Hydro Inc.). The SaveONenergy programs encourage the replacement of existing equipment with new energy efficient, cost-effective alternatives to reduce greenhouse gas emissions, electricity consumption and operational costs. At the current SaveONenergy incentives related to this project the IESO grant funding is estimated at approximately $150,000 and is variable based on the actual number of conversions completed. However there is a risk that this funding may not be fully available in the future if the SaveONenergy incentives decline. Should this risk prove to be a reality, the number of years to payback the capital cost will be lengthened and this would be reported to Council. Therefore the RFP will require Proponents to apply for the LED Lighting Retrofit Program incentives as soon as possible to secure available grant funding related to this project. 88 Page 6 / 7 Staff have also reviewed the Ontario Rebate for Electricity Consumers Act, 2016 and understand that the demand and use of electricity for streetlights exceeds the eligibility requirements of the Ontario Fair Hydro Plan and therefore do not qualify for any rebates under this Act. As a result the cost of power for municipal streetlights will likely increase at a rate greater than inflation. FINANCIAL IMPACT/FUNDING SOURCE The financial business case for converting the Town’s streetlights to LED is a traditional one. There is an initial capital cost, however investing capital dollars up front will yield ongoing operating savings that will pay back the capital investment. The scenarios below outline the total capital costs, the ongoing operating savings, and calculate the payback period. The analysis shows that converting to LED and replacing the decorative top-hat fixtures with cobra head fixtures has a payback of 7.1 years, while converting to LED and replacing the decorative top-hat fixtures with a suitable alternative fixture has a payback of 9.5 years. Scenario 1 – LED Conversion (Decorative Top-Hat to Cobra Head) Capital Cost Streetlight Re-lamping to LED $1,090,000 Pole & Bracket Replacement – 5% $220,000 Wiring & Fuse Replacement – 60% $ 140,000 Photocell Replacement – 100% $100,000 Decorative Fixtures w/ Cobra Head $165,000 Less: IESO SaveONenergy Rebate - $150,000 Total Est. Project Cost $1,565,000 Operating Savings Electricity Savings $140,000 Maintenance Savings $80,000 Total Est. Operating Savings $220,000 Payback Period 7.1 years 89 Page 7 / 7 Scenario 2 – LED Conversion (Decorative Top-Hat to Suitable Alternative) Capital Cost Streetlight Re-lamping to LED $1,090,000 Pole & Bracket Replacement – 5% $220,000 Wiring & Fuse Replacement – 60% $ 140,000 Photocell Replacement – 100% $100,000 Decorative Fixtures w/ Suitable Alternative $595,000 Less: IESO SaveONenergy Rebate - $150,000 Total Est. Project Cost $1,995,000 Operating Savings Electricity Savings $130,000 Maintenance Savings $80,000 Total Est. Operating Savings $210,000 Payback Period 9.5 years In either of the above scenarios, there is a financial business case to make the capital investment, as there will be operating savings to completely pay back the capital costs. A debenture of the capital costs through a revised 2017 Budget will be required for the project to proceed, but will be repaid in subsequent years from future operating savings in the streetlight maintenance budget. The annual repayment on a $1.565 million debenture is estimated at $200,000 based on current 10 year term interest rates. Further, once the debenture for the capital costs has been fully repaid, it is suggested that one half of the ongoing operating savings be dedicated to the Linear Infrastructure Reserve to ensure that monies are set aside for future replacement of the LED streetlight infrastructure and its associated components. COMMUNITY STRATEGIC PLAN The conversion of the Town’s streetlight network to LED technology is supported within the Community Strategic Plan under Objective 1 – Excellence in Local Government and Objective 2 – Economic Sustainability through the investment of energy efficient, cost effective alternatives to reduce greenhouse gas, electricity consumption and operational costs. 90 Town of Tillsonburg Consultant Agreement Page 1 of 17 TOWN OF TILLSONBURG CONSULTANT AGREEMENT THIS AGREEMENT made the day of , 2017. BETWEEN: ERTH CORPORATION (hereinafter called the “Consultant”) OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter called the “Town”) OF THE SECOND PART WHEREAS the Town requested Proposals from interested proponents for the provision of consulting services for the LED Streetlight Conversion Project as described in Schedule “A” attached hereto; AND WHEREAS the Consultant submitted a proposal dated November 9th 2017 attached hereto as Schedule “B”; AND WHEREAS the Town wishes to retain the Consultant to deliver the Services as set out in this Agreement; AND WHEREAS the Consultant has represented to the Town that it has the skills and ability to deliver the Services to the Town in an effective and efficient manner; NOW THEREFORE in consideration of the mutual covenants herein contained and the provision of other good and valuable consideration (the receipt and adequacy of which is acknowledged) the Parties hereto agree as follows: 1 Definitions 1.1 “Agreement” means this agreement to provide the Services to the Town and includes any amendments, supplements, schedules, exhibits or appendices attached, referencing this agreement, or expressly made a part hereof. 91 Town of Tillsonburg Consultant Agreement Page 2 of 17 1.2 “Confidential Information” means any and all material and information whatsoever of the Town and/or representatives of the Town which has or will come into the possession or knowledge of the Consultant or any Consultant Personnel in connection with or as a result of the relationship of this Agreement including, without limitation, information concerning the Town’s past, present and future clients, suppliers, and business. For the purposes of this definition, “information” and “material” includes know-how, data, patents, copyrights, trade secrets, processes, techniques, programs, designs, formulae, marketing, advertising, financial, commercial, sales, or programming materials, written materials, agreements, draft agreements, requests for proposals, compositions, drawings, diagrams, computer programs, studies, work-in-progress, visual demonstrations, ideas, concepts, and other data, in oral, written, graphic, electronic, or any other form or medium whatsoever. Notwithstanding the foregoing, Confidential Information does not include the following information: (a) information which is in the public domain when it is received by or becomes known to the Consultant or Consultant Personnel or which subsequently enters the public domain through no fault of the Consultant or Consultant Personnel (but only after it enters the public domain); (b) information which is already known to or in the possession of the Consultant or Consultant Personnel at the time of its disclosure to the Consultant or Consultant Personnel by the Town and/or representatives of the Town and is not the subject of an obligation of confidence of any kind; (c) information which is received by the Consultant or Consultant Personnel without an obligation of confidence of any kind from any person (other than the Town and/or representatives of the Town); and (d) information which is disclosed by the Consultant or Consultant Personnel pursuant to a requirement of law or of a governmental agency or by operation of law, provided that the Consultant or Consultant Personnel has disclosed only that part of the Confidential Information which it was required to disclose and has notified the Town prior to such disclosure in a timely fashion in order to permit the Town to attempt to prevent or restrict such disclosure should it so elect. For greater clarity, Confidential Information shall include materials and information of a third party in the possession of the Town and/or representatives of the Town. 1.3 “Consultant Personnel” means individuals employed, retained by or acting on behalf of the Consultant or a permitted subconsultant of the Consultant. 1.4 “Project Schedule” means the intended start and finish dates for the Services as proposed by the Consultant and approved by the Town and as otherwise provided in the Proposal and this Agreement. 92 Town of Tillsonburg Consultant Agreement Page 3 of 17 1.5 “Proposal” means the proposal submitted to the Town by the Consultant and attached hereto as Schedule “B”. 1.6 “Services” means the services to be furnished by the Consultant to the Town pursuant to this Agreement, as specified in the scope of work described in Schedule “A” and as identified in Schedule “B” attached hereto. 2 Services of the Consultant 2.1 The Consultant shall provide to the Town the Services in accordance with the terms and conditions of this Agreement and agrees to undertake the scope of work described in Schedule “A” and perform the consulting services identified in Schedule “B” for the Town. 2.2 The scope of work described in Schedule “A” and the consulting services identified in Schedule “B” may be amended or otherwise modified by agreement in writing by the Town and the Consultant and attached to this Agreement and, thereafter, the Services shall be deemed to include the services described in such amended scope of work and/or consulting services. 3 Level of Services 3.1 Unless otherwise expressly specified in this Agreement, the Consultant agrees to supply at its sole cost and expense all staff, equipment, accommodations, disbursements and technical assistance necessary to perform the Services to be furnished under this Agreement and assume all overhead expenses in connection therewith, to the reasonable satisfaction of the Town. 4 Commencement and Prosecution of Work 4.1 The Consultant shall commence work pursuant to this Agreement when directed by the Town. The Consultant shall proceed with due dispatch to ensure that its obligations are completed as quickly as reasonably possible, but in any event to be completed before the completion date set out in Schedule “A”. The Town shall give due consideration to all plans, drawings, reports, tenders, proposals, and other information provided by the Consultant and shall make any decisions which it is required to make in connection therewith within a reasonable time so as not to delay the work of the Consultant. 4.2 That in case all the work called for under the Contract is not finished or completed within the date of completion specified, damage will be sustained by the Corporation, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the Corporation will sustain in the event of and by reason of such delay and the parties thereto agree that the Contractor will pay to the Corporation Liquidated Damages for each and every calendar days delay in finishing the work beyond the date of completion specified as follows: 93 Town of Tillsonburg Consultant Agreement Page 4 of 17 A sum of $200.00 per calendar day for each and every calendar day delay in completing the work beyond the specified date of completion. It is agreed that this amount is an estimate of actual damage to the Corporation which will accrue during the period in excess of the prescribed date of completion. The Corporation may deduct any amount under this paragraph from any monies that may be due or payable to the Contractor on any account whatsoever. The Liquidated Damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Corporation. 4.3 The Town shall be entitled to terminate this Agreement at any time without cause, whether or not the Consultant has breached or failed to perform any of its obligations to the Town under this Agreement, and in the event of such termination, the remuneration payable to the Consultant shall be determined by calculating the proportion of the work completed and applying that proportion to the fees payable hereunder for the Services. 5 Total Contract Price 5.1 In consideration of the Services provided by the Consultant, the Town agrees to pay the Consultant the sum of ONE MILLION FOUR HUNDRED AND TWENTY TWO THOUSAND AND SEVENTY FOUR dollars and ($1,422,074) less any Independent Electricity System Operations (IESO) incentive rebates. The sum of payment includes all fees, disbursements and applicable taxes, except for H.S.T. which (if applicable) shall be included in each invoice submitted to the Town and the Town agrees to pay such applicable H.S.T. to the Consultant. 5.2 In each invoice submitted to the Town, the Consultant shall include all applicable Taxes. The Consultant shall remit all applicable Taxes to the applicable taxing authorities as required by law. The Consultant hereby covenants and agrees to indemnify the Town and save it harmless from and against all liabilities and claims whatsoever against the Town, including, without limitation, fines, penalties and interest thereon, for or by reason of or in any way arising out of its failure to deduct, withhold or contribute any amount in respect of its payments to the Consultant pursuant to this Agreement. Such liabilities and claims shall include, without limiting the generality of the foregoing, federal or provincial income taxes, federal or provincial pension plan contributions, unemployment insurance premiums, workers’ compensation premiums and contributions under any federal or provincial social insurance or income security programs. 5.3 Notwithstanding subsection 5.1 above, the parties may agree on the performance of extra work by the Consultant. Any such extra work must have been approved in writing, in advance, by the Town and, failing such approval; no payment shall be made in respect of same. 94 Town of Tillsonburg Consultant Agreement Page 5 of 17 6 Payment 6.1 Payments shall be made to the Consultant by the Town, to the limits established in Section 5 of this Agreement, in accordance with invoices from the Consultant detailing charges owing and based on the completion of tasks outlined in the Consultant’s Proposal and Project Schedule. Valid invoices submitted to the Town with respect to Services shall, subject to the terms and conditions of this Agreement be paid by the Town within 30 days of receipt by the Town of the applicable invoice. 6.2 Progress payments for the Services performed by the Consultant shall be made only where expressly agreed in writing by the Town. A claim for a progress payment made by the Consultant shall not include any aspect of the Services not yet fully and properly performed. 6.3 Progress payments will be equivalent to 90% of the Town approved work completed to date. The 10% holdback will be paid upon satisfaction and final approval by the Town of the LED Streetlight Conversion Project, including resolution to all identified outstanding deficiencies. 6.4 If any Services under the Agreement are included by the Consultant in its progress claims as partially or fully completed, but are not completed in accordance with the Agreement or are not otherwise completed to the Town’s satisfaction, the Town may withhold from payment the total amount payable, or a part thereof, for those Services until they are completed or corrected to the full satisfaction of the Town. 6.5 Where a contingency allowance is provided for in the Agreement, the Consultant shall not be entitled to payment of the whole or any part of that amount, except to the extent that it can be shown that extra or additional Services have been carried out by the Consultant beyond that contemplated within the Agreement, and those extra Services have been approved in writing, in advance, by the Town’s Project Manager or contract representative as set out in this Agreement. 7 Term 7.1 This Agreement shall commence on the date set forth above and, subject to earlier termination as provided for in this Agreement, continue in effect until the completion date identified in Schedule “A” (the “Term”). 7.2 The Town will have the option to extend this Agreement for satisfactory completion of the Services herein provided by the Consultant and/or for additional work that may be required. The Town reserves the right to award any follow-on work to the Consultant without necessitating a separate procurement process. 7.3 The provisions of and the rights, obligations and liabilities of the parties under Sections 1, 5, 6, 13, 14, 16 – 31 of this Agreement shall survive the termination of this Agreement and shall continue in full force and effect thereafter. 95 Town of Tillsonburg Consultant Agreement Page 6 of 17 8 Insurance Requirements 8.1 Throughout the Term of the Agreement, the Consultant covenants and agrees to purchase, maintain and keep in full force and effect a policy or policies of: 8.1.1 Comprehensive General Liability Insurance, applying to all operations of the Consultant subject to limits of not less than five million dollars ($5,000,000) per occurrence which shall include coverage for personal injury, including death, broad form property damage, and contingent employer’s liability. The Town reserves the right from time to time to request greater amounts or other types of policies appropriate to the work as the Town may reasonably require and the Consultant agrees to comply with all such reasonable requests made by the Town in this regard. In addition, any subconsultants have to be approved by the Town before any work is done and the following insurance and indemnification requirements and clauses apply to said subconsultants. The insurance policy shall: a. include as additional insured’s “The Corporation of the Town of Tillsonburg”, “Tillonsburg Hydro Inc.” and the “County of Oxford”; b. contain a cross-liability clause, severability of interests clause endorsement; c. contain a clause including Contractual Liability coverage arising out of the Agreement; 8.1.2 Automobile Liability Insurance, that complies with all requirements of the current legislation of the Province of Ontario, having an inclusive limit of liability of not less than two million dollars ($2,000,000) per occurrence or such greater amount as the Town may from time to time reasonably request, in respect of the use or operation of all licensed vehicles owned or leased by the Consultant for the provisions of Services. The policy must provide coverage for personal injury, including death or property damage arising out of the ownership, use or operation of all owned and/or leased automobiles; 8.1.3 Non-Owned Automobile Liability Insurance, in standard form having an inclusive limit of not less than two million dollars ($2,000,000) per occurrence or such greater amount as the Town may from time to time reasonably request, in respect of the use or operation of vehicles not owned by the Consultant for the provisions of Services; 8.1.4 Professional Liability Insurance (Errors and Omissions), is required and will have an inclusive limit of not less than two million dollars ($2,000,000) or, alternatively, the Consultant shall purchase and maintain in force for the duration of the project, single project Professional Errors and Omissions Liability Insurance with limits dedicated to the Services and having an inclusive limit of not less than two million dollars ($2,000,000) per claim. The Consultant shall ensure any person providing professional service in connection with this Agreement have and maintain the required Professional Liability Insurance as described herein. 96 Town of Tillsonburg Consultant Agreement Page 7 of 17 8.2 Proof of insurance will be submitted by way of an executed Certificate of Insurance in a form satisfactory to the Town each year and at least ten (10) days prior to renewal of policy. All requested lines of coverage to be shown on the Certificate of Insurance. The Consultant shall neither perform nor be remunerated for any Services under this Agreement unless and until said insurance certificate has been provided and approved by the Town insurer. 8.3 All such insurance policies shall be maintained in force for the Term and provide that it is not cancellable or changeable unless prior written notice by mail or facsimile transmission has been received by the Town from the insurer(s) not less than thirty (30) days prior to the cancellation date or the date any changes are to take effect with respect to the policy/policies. 8.4 It shall be the sole responsibility of the Consultant to determine what additional insurance coverage, if any, are necessary and advisable for its own protection and/or to fulfill its obligation under this Agreement. Any such additional insurance shall be maintained and provided at the sole expense of the Consultant. 8.5 The Consultant and the Town agree to immediately notify the other party of an occurrence, incident, or event which may reasonably be expected to expose any of the parties hereto to liability of any kind in relation to the Services and/or this Agreement. 8.6 The issuance of such policies of insurance shall not be construed as relieving the Consultant from responsibility for other or larger claims, if any, for which is may be held responsible. 9 Indemnification 9.1 The Consultant shall indemnify and save harmless the Town, its employees, agents, successors, members and assigns (collectively the “Indemnified Parties”), from and against all actions, causes of action, suits, claims and demands whatsoever which may be brought against or made upon any one or more of the Indemnified Parties and against any and all losses, liability, judgments, claims, costs, demands or expenses which any one or more of the Indemnified Parties may sustain, suffer, or be put to resulting directly or indirectly from or as a consequence of or in connection with the Services provided by the Consultant, including but not limited to those arising out of the Consultant’s failure to exercise reasonable care, skill or diligence in the performance or rendering of any work or service required hereunder to be performed or rendered by the Consultant. 9.2 Without limiting the generality of the foregoing, the Consultant hereby agrees to well and truly save, keep harmless and fully indemnify the Indemnified Parties from and against all actions, causes of action, suits, claims and demands whatsoever which may be brought against or made upon any one or more of the Indemnified Parties, for the infringement of or use of any intellectual property rights including any copyright or patent arising out of the reproduction or use in any manner of any plans, designs, drawings, specifications, information, negatives, data, material, sketches, notes, documents, memoranda, or computer software furnished by the Consultant in the performance of this Agreement. 97 Town of Tillsonburg Consultant Agreement Page 8 of 17 9.3 All goods and services provided to the Town pursuant to this Agreement, including information, software and other intellectual property, shall be fully warranted against defects in accuracy, material and workmanship (as applicable) for a warranty period which commences immediately upon the supply and delivery of the goods and services, and which terminates one (1) year following the total completion of this Agreement. 10 WSIB 10.1 The Consultant prior to commencing the Services, (a) shall submit to the Town an original Clearance Certificate from the Ontario Workplace Safety and Insurance Board and shall provide additional certificates with respect to such coverage every ninety (90) days, or as often as the Town deems necessary during the Term of the Agreement to ensure continued good standing with the Workplace Safety and Insurance Board; or (b) furnish proof in a form satisfactory to the Town from the Workplace Safety and Insurance Board that the Consultant does not require Workplace Safety and Insurance Board insurance, but in such a case if the Consultant changes its status during the term of the Agreement so that such coverage is required, the Consultant shall immediately provide the Town with the certificate required under subsection 10.1 (a). 10.2 Where a substantial portion of the work to be done under the Agreement is to be carried out by a subconsultant, the Town may require the Consultant to furnish the same evidence as provided under subsection 10.1. 11 Consultant Standard of Care 11.1 During the entire Term of this Agreement, the Consultant shall devote such time and attention to the performance of the Services as is necessary for the proper and effective exercise of its obligations under this Agreement. In performing the Services under this Agreement and in otherwise exercising its powers and discharging its obligations and duties hereunder, the Consultant shall and shall ensure that all Consultant Personnel; (a) act diligently, honestly and in good faith and in the best interests of the Town; (b) exercise the degree of care, skill and diligence that fully experience, careful and prudent consultants employing best practices would exercise in comparable circumstances; (c) to the best of its ability make every effort to promote the interests and reputation of the Town; and (d) to the best of its ability assist the Town in achieving its objectives and goals. 98 Town of Tillsonburg Consultant Agreement Page 9 of 17 11.2 The Consultant shall act ethically and fairly in all of its dealings with the Town and all elected or appointed officials, officers, employees and independent contractors of the Town, and co-operate with them in respect of the discharge of their duties to the Town. 11.3 The Consultant shall not act in any case where there may be any conflict of interest between it (or any of its directors, officers, employees, subconsultants or Consultant Personnel) and the Town. The Consultant shall notify the Town of and fully disclose to the Town, in writing and immediately upon same becoming known to the Consultant, any potential or actual conflict of interest that may arise or has arisen prior to the execution of this Agreement or during the performance of its duties under the Agreement. 12 Assignment, Subconsulting and Consultant Personnel 12.1 The Consultant shall not sell, assign, convey, transfer or encumber in any manner this Agreement, any part of this Agreement or any of its rights or obligations hereunder without the prior written consent of the Town. Any such attempted sale, assignment, conveyance or transfer in violation hereof by the Consultant shall be void and of not force and effect. 12.2 The Consultant is the prime contractor under this Agreement and, as such, no subconsulting by the Consultant shall relieve the Consultant of any responsibility for the full performance of all obligations of the Consultant under this Agreement. Notwithstanding the approval of any subconsultants by the Town, the Consultant shall assume full responsibility for the performance of the Services in accordance with the terms of this Agreement, including any activities, works, and/or Services provided by subconsultants and any acts and/or omissions of subconsultants. 12.3 The Consultant shall provide Consultant Personnel that possess the training and qualifications required to deliver the Services. 13 Confidential Information 13.1 Upon completion or expiration or earlier termination of this Agreement, whichever shall first occur, the Consultant shall return to the Town all written or descriptive matter, including but not limited to drawings, descriptions, or other papers, documents or any other material, which contains any Confidential Information which is then in the possession or control of the Consultant or any Consultant Personnel and shall remove all digital representations thereof in any form from all electronic storage media in its or their possession or control, and shall certify in writing to the Town that the Consultant has fully complied with this subsection. Except as expressly provided in this paragraph, no Confidential Information shall be disclosed without the approval in writing of the Town, and: 99 Town of Tillsonburg Consultant Agreement Page 10 of 17 (a) the Consultant shall hold all Confidential Information in trust and strictest confidence for the Town and shall not disclose any such Confidential Information, by publication or other means, to any person, company or other government agency nor use same for any other project other than for the benefit of the Town as may be authorized by the Town in writing; (b) any request for such approval by the Town shall specifically state the benefit to the Town of disclosure of Confidential Information; (c) any use of the Confidential Information shall be limited to the express purposes as set out in the approval of the Town; (d) the Consultant shall not, at any time during or after the Term of this Agreement, use any Confidential Information for the benefit of anyone other than the Town; (e) the Consultant shall not make any copies or partial copies of the Confidential Information except as required for its permitted use as described herein or as otherwise authorized in writing by the Town. The Consultant shall take all reasonable steps to protect the Confidential Information to ensure that Confidential Information is not disclosed, distributed or used in violation of the provisions of this Agreement; and, (f) the Consultant shall ensure that all Consultant Personnel having access to the Confidential Information comply with this Section of the Agreement. 13.2 The Consultant acknowledges that disclosure of Confidential Information may cause serious and irreparable harm to the Town which cannot be adequately compensated for in damages and accordingly agrees that the Town shall be entitled to obtain injunctive relief, in addition to any other appropriate remedy, to prevent such disclosure. 14 Right of Ownership and Use 14.1 Upon completion or other termination of this Agreement, all information, negatives from original photography, computer software, data, material, sketches, plans, designs, notes, documents, memoranda, specifications or other paper writing gathered, assembled, or prepared by the Consultant and/or Consultant Personnel (hereinafter collectively referred to as "the material") shall become the sole property of the Town including copyright with respect to all such material. The Consultant shall execute any documents required to give effect to the foregoing. 14.2 The Consultant waives in whole and in part any and all moral rights arising under the Copyright Act in the material as against the Town and anyone claiming rights of any such nature from or through the Town. Further, the Consultant represents and warrants that its employees, servants, subconsultants and agents (Consultant Personnel) have waived or shall waive in whole and in part any and all moral rights arising under the Copyright Act in the material as against all parties, including the Consultant and the Town, and anyone claiming rights of any such nature from or through the Town. 100 Town of Tillsonburg Consultant Agreement Page 11 of 17 14.3 The Consultant acknowledges and agrees that, as a consequence of the assignment and waiver as herein stated, all rights which may subsist in the material shall be and remain the sole and exclusive property of the Town and the material shall be treated as Confidential Information. 15 Accessibility for Ontarians with Disabilities Act, 2002 and Barrier Free Design Guidelines 15.1 The Town is committed to providing equal treatment to people with disabilities with respect to the use and benefit of Town services, programs, and goods in a manner that respects their dignity and that is equitable in relation to the broader public. 15.2 Effective 1 January 2010, third party contractors who deal with the public or other third parties on behalf of the Town, as well as vendors who participate in developing Town policies, practices or procedures governing the provision of goods and services to members of the public or other third parties, must conform with the Accessibility Standards for Customer Service, O. Reg. 429/07 (Appendix A) (“Regulation”), under The Accessibility for Ontarians with Disabilities Act, 2005 (AODA). 15.3 Pursuant to Section 6 of the Regulation, the Consultant shall ensure that all of its employees, agents, volunteers, or others for whom it is at law responsible, receive training about the provision of the goods and services contemplated herein to persons with disabilities. Such training shall be provided in accordance with Section 6 of the Regulation and shall include, without limitation, a review of the purposes of the Act and the requirements of the Regulation, as well as instruction regarding all matters set out in Section 6 of the Regulation. Where requested by the Town, the Consultant shall provide written proof that employees working with Town staff and/or public have been trained as required under the act as well as any documentation regarding training policies, practices and procedures. 16 Consultants Default and Town’s Remedies 16.1 The provisions of this section are in addition to any other rights, privileges and remedies to which the Town is entitled by Law, in equity or otherwise in the Agreement. 16.2 The following shall constitute, without limitation, acts or events of default (“Default”) by the Consultant: (a) where the Consultant fails or neglects to commence or to proceed with the provision of Services diligently and at a rate of progress that in the opinion of the Town will ensure entire completion within the time provided for in the Agreement; (b) where the Town reasonably determines that the Consultant has abandoned its duties with respect to the Services or failed to observe and perform any of the provisions of the Agreement, the determination of which shall be at the sole discretion of the Town; 101 Town of Tillsonburg Consultant Agreement Page 12 of 17 (c) where the Consultant fails to comply with and maintain in good standing any insurance policies, professional certificates, permits, licences or approvals required by the Agreement or commits any acts or omissions that jeopardizes or may jeopardize these policies, permits, licences or approvals; (d) where the Consultant fails to comply with or observe or perform, or breaches or violates, any provision, term, covenant, warranty, condition, responsibility and/or obligation of the Agreement; (e) where the Consultant fails to comply with any laws, statutes, rules or regulations; (f) where the Consultant fails to comply with any instruction or direction of the Town; (g) where the Consultant defaults in the completion of the Services within the time limit under the Agreement or within a Town-extended time limit; (h) where the Consultant makes an assignment for the benefit of creditors or becomes bankrupt or insolvent, or makes a proposal to its creditors. 16.3 Without restricting, limiting, precluding or otherwise prejudicing any other right, privilege or remedy of the Town provided in this Agreement or by law or in equity, in the event that the Consultant has committed an act of Default or an event of Default has occurred, the Town may provide written notice (“Default Notice”) to the Consultant to the effect that if the Consultant does not completely remedy the Default to the satisfaction of the Town within three (3) business days of delivery of the Default Notice, or such other period of time as may be specifically provided for under the Agreement or otherwise granted by the Town in writing, in its absolute discretion, then the Town may terminate the Agreement and/or the Services of the Consultant immediately. 16.4 If the Default is not completely remedied to the satisfaction of the Town in accordance with subsection 16.3, the Town may terminate the Agreement immediately and enforce any performance bond, letter of credit or other performance security provided by the Consultant (where applicable). 16.5 A waiver of a Default shall not extend to, or be taken in any manner whatsoever to affect the rights of the Town with respect to any subsequent default, whether similar or not. 16.6 The remedies provided in this Agreement are in addition to all other legal, equitable or statutory remedies to which the Town is otherwise entitled, as well as any other remedies stipulated in the Agreement, and the taking of any one remedy shall not preclude the taking of any other remedy. 102 Town of Tillsonburg Consultant Agreement Page 13 of 17 16.7 If the Town terminates the Agreement as a result of an act or event of Default, in addition to any other rights, privileges and remedies it is entitled to, the Town may: (a) take possession of all of the work in progress, supplies, goods and materials, and complete the Services by whatever means the Town may deem appropriate under the circumstances; (b) withhold any further payments to the Consultant until the completion of the Services and the expiry of all obligations; and (c) recover from the Consultant loss, damage and expense incurred by the Town or may be incurred by the Town by reason of the Consultant’s default (which may be deducted from any monies due or becoming due to the Consultant, with any balance remaining to be paid by the Consultant to the Town). 16.8 Unless the Town otherwise agrees in writing and without limiting any other provision of this section, the failure, refusal or neglect by the Consultant to deliver the Services in a diligent manner within the time specified or to promptly replace, remedy or correct the Consultant’s performance and/or Services as required pursuant to the Agreement shall be deemed to constitute an authority for the Town to purchase and/or replace the Services in question on the open market. The Consultant shall forthwith reimburse the Town for all of its extra costs and expenses incurred to purchase and/or replace such Services, and the Town’s internal costs and any delay costs. 17 Compliance with Laws 17.1 The Consultant shall comply with all Federal, Provincial and Municipal laws, statutes, rules and regulations which are in any way related to or connected with the conduct of the business of the Consultant, the Services of this Agreement including, but not limited to, the Occupational Health and Safety Act, or any successor legislation, as applicable, and to provide to the Town, upon request, reports confirming such compliance. 17.2 The Consultant shall comply with the Human Rights Code and refrain from acts of discrimination and harassment in the same manner as would apply to employees of the Town pursuant to applicable laws and its Code of Conduct. 17.3 The Consultant shall at all times comply with all corporate rules, guidelines and policies of the Town. 18 Governing Law 18.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, as applicable to the matters herein. Any action or other legal proceeding arising under or with respect to the Agreement will be determined by a court of (or other forum) of competent jurisdiction within the Province of Ontario and all courts competent to hear appeals from them. 103 Town of Tillsonburg Consultant Agreement Page 14 of 17 19 Agreement Non Exclusive 19.1 Unless otherwise expressly provided in the Request For Proposals attached hereto as Schedule “A” or any Addendum thereto, no Agreement shall be deemed to confer upon the Consultant an exclusive right to supply those Services to the Town related to this Agreement or otherwise. 20 Notification 20.1 Any demand, notice, direction or other communication required, or permitted to be given under this Agreement shall be in writing and shall be addressed to the respective parties as follows: The Corporation of the Town of Tillsonburg 200 Broadway St. Unit 204 Tillsonburg, Ontario N4G 5A7 Attention: Director of Operations ERTH Corporation 180 Whiting Street Ingersoll, Ontario N5C 3B5 Attention: Scott Garton, Vice President 20.2 Either party may change its address by notice given in accordance with this section. Notices may be delivered personally, in which case they shall be effective immediately, or through regular mail, in which case they shall be effective on the fifth (5th) day following mailing. 21 Interpretation 21.1 Words importing the masculine gender shall include the feminine and neuter, and the singular shall include the plural where the meaning or context so requires and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made. 21.2 All captions, titles, and paragraph headings in this Agreement are inserted for convenience and ease of reference only and do not define, limit or enlarge the scope, meaning or intent of any provisions of this Agreement. 22 Complete Agreement 22.1 This Agreement, including the Schedules attached hereto, constitutes the complete and exclusive statement of the agreement between the parties hereto and supersedes and replaces all previous communications, agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the parties relating to the subject matter of this Agreement. 104 Town of Tillsonburg Consultant Agreement Page 15 of 17 23 Relationship of the Parties 23.1 The Consultant shall perform the Services as an independent contractor and nothing in this Agreement shall be construed to create or imply a relationship of partners, joint ventures, principal/agent, or employer/employee between the Consultant and the Town. The Consultant shall have no power or authority to bind the Town or to assume or create any obligation or responsibility, express or implied, of any nature or any kind, in law or in equity on the Town’s behalf. The Consultant shall not hold itself out to any third party as a joint venture, partner, agent, employee or servant of the Town, and nothing contained in this Agreement shall operate or be construed so as to create any such relationship between the Consultant and the Town. The Consultant shall be solely responsible for the payment of compensation, workers’ compensation, disability benefits, employment insurance and all other similar payments and benefits and for withholding income taxes or other deductions with respect to all individuals employed or, if permitted by this Agreement, retained by the Consultant to provide the Services. 24 Successors and Assigns 24.1 This Agreement shall enure to the benefit of and be binding on the parties hereto, and their respective heirs, successors and permitted assigns. Provided, however, that the Consultant shall not assign this Agreement nor any interest herein without the prior written consent of the Town, and for the purposes of this Agreement, assignment shall include any transfer in the majority ownership or controlling interest in the Consultant, whether through the sale of shares, direct acquisition of assets or otherwise. 25 Changes to Agreement in Writing 25.1 Any variation, amendment or addition of or to this Agreement shall be in writing and be signed by the Consultant and the Town pursuant to and in accordance with authority delegated by Council for the Town, and shall be binding upon the Consultant and the Town as fully and to the same extent as if set out herein. 26 Schedules 26.1 Schedules “A” and “B” to this Agreement and as attached hereto form part of this Agreement. 27 Representations and Warranties 27.1 The Consultant represents and warrants as follows to the Town and acknowledges and confirms that the Town is relying on such representations and warranties: (a) the Consultant is a legal entity established under the laws of its jurisdiction and has all the necessary power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement; 105 Town of Tillsonburg Consultant Agreement Page 16 of 17 (b) the Services will be performed in an efficient and professional manner by duly competent and trained Consultant Personnel that have the requisite experience to provide the required services; (c) The Consultant is not now a party to any agreement or business relationship which is in conflict with this Agreement, and the Consultant shall not enter into any agreements or incur any obligations during the term of this Agreement or after which may be in conflict with this Agreement; and (d) The Consultant is not a “non-resident person” for the purposes of the Income Tax Act (Canada). 28 Severability 28.1 In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, no other provisions contained in this Agreement shall be affected or impaired thereby. 29 Order of Precedence 29.1 In the event of any conflict between any of the provisions of the Proposal and the body of this Agreement, the provisions in the body of this Agreement shall govern. 30 Counterparts 30.1 This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument. The parties hereto may execute the counterparts in either original, faxed form or other electronic communication and the parties adopt any signatures received by a receiving fax machine or other electronic communication as original signatures of the parties but any party providing its signature by fax or other electronic communication shall promptly forward to the other party an original of the signed copy of this Agreement that was faxed or sent by other electronic communication. 106 Town of Tillsonburg Consultant Agreement Page 17 of 17 IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals attested to by the hands of their respective proper signing offices in that behalf duly authorized. SIGNED, SEALED AND DELIVERED as of the date first above written ) CONSULTANT LEGAL NAME ) ) ) ____________________________________ ) VICE PRESIDENT: Scott Garton ) I/We have authority to bind the Consultant ) ) ) THE CORPORATION OF THE TOWN OF TILLSONBURG ) ) ) ____________________________________ ) MAYOR: Stephen Molnar ) ) ) ____________________________________ ) CLERK: Donna Wilson 107 Town of Tillsonburg Consultant Agreement SCHEDULE “A” Request for Proposal RFP 2017 – 010 and any Addenda issued 108 Town of Tillsonburg Consultant Agreement SCHEDULE “B” Consultant Proposal dated November 9th 2017 109 = ATTENDANCE Bob Marsden, Patty Phelps, Marianne Sandham, Mary Lou Sergeant, Jami Stephenson MEMBERS ABSENT/REGRETS Chris Rosehart/ Dianne MacKeigan, Aleksandra Webber 1. Call to Order The meeting was called to order at 4:30 pm 2. Adoption of Agenda Moved By- Jami Stephenson Seconded By- Mary Lou Sergeant Proposed Resolution #_1 THAT the Agenda for the Museum Advisory Committee meeting of October 5, 2017, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof- none 4. Adoption of Minutes of Previous Meeting 4.1. Minutes of the Meeting of October 5, 2017 Moved By: Marianne Sandham Seconded By: Mary Lou Sergeant Proposed Resolution #_2 THAT the Minutes of the Museum Advisory Committee Meeting of October 5 ,2017 be approved. Carried 5. Delegations and Presentations-none The Corporation of the Town of Tillsonburg Museum Advisory Committee Thursday, October 26 , 2017 4:30 pm Program Room- 2nd floor Annandale NHS 30 Tillson Ave., Tillsonburg MINUTES 110 6. General Business & Reports 6.1. Financial- Not available 6.2. Tour Guides- nothing new to report 6.3. Curator’s Report- The Curator’s report was circulated and included the following highlights: 1. “Made in Canada Christmas” coming to the Pratt Gallery November 24 to Jan.7. 2. OCCI Corner Gallery has The Art of Photography display. More pottery has been sold and the plan is to have more pottery, jewellery and smaller giftware items for sale over Christmas. 3. Scotch tasting happening this Saturday, October 28. 4. Fund raising Liona Boyd concert selling well. 5. Following are dates to remember: -Christmas Open House Weekend Nov. 24-26/ extended hours -Tree Lighting and Exhibit opening -Nov. 24 at 7:00 -A Confederation Christmas-December 3 at 2:00 -Poinsettia Tea and Tour –December 8 at 2:00 -Dickens dinner and reading of A Christmas Carol- December 16 at 6:00 2018 calendar of events was distributed Moved By: Jami Stephenson Seconded By: Mary Lou Sergeant Proposed Resolution # 3 THAT the reports be adopted as circulated. Carried 7. Correspondence- none 8. Other Business 8.1. Still awaiting quotes for porch repairs. 8.2. Security report still pending 9. Closed Session 111 10. Next meeting- Thursday, November 23, 2017 11. Adjournment Moved by Jami Stephenson Proposed Resolution #6 THAT the museum advisory committee meeting be adjourned at 5:25 pm 112 = ATTENDANCE Members Present: Mike Cerna: Co-Chair, Ken Patterson (Rotary), Scott Vitias (Ball), Rosemary Dean (Fair), Derek Partlo (Ball Users), Jane Ann McLean (Outdoor rink/Ball), Terry Smith (Pumptrack), Paul Decloet (Lions Club)Rick Cox: Staff, Margaret Puhr: Secretary (Event Organizers) Guests: Chrissy Rosehart (Councillor), Tracy Green (Fair) MEMBERS ABSENT/REGRETS Mel Getty, Lance McKenzie, Dave Martin, Cedric Tomico, Peter Luciani 1. Call to Order The meeting was called to order at 5:30pm, by Co-chair Mike Cerna. 2. Adoption of Agenda Moved By: Ken Patterson Seconded By: Rosemary Dean Resolution #1_ THAT the agenda as prepared for the Memorial Park Revitalization Committee meeting of October 30, 2017, be adopted. Carried. 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting 4.1. Minutes of the Meeting of September 18, 2017 Moved By: Terry Smith Seconded By: Mike Cerna Resolution #2_ The Corporation of the Town of Tillsonburg Memorial Park Revitalization Committee October 30, 2017 5:30pm Marwood Lounge 45 Hardy Ave. MINUTES 113 Memorial Park Revitalization Committee Meeting Minutes, October 30, 2017 - 2 - THAT the Minutes of the Memorial Park Revitalization Committee Meeting of September 18, 2017 be approved. Carried. 5. General Business & Reports 5.1. Outdoor Rink – following the area review, the location of the rink will be at a slight angle in relation to the building. The fundraising has started, there is a new Facebook page and website in the works. If the committee members have some frequently asked questions about this project, please forward to Jane Ann to be included in FAQ on website. Some funds have already been collected. Considering incorporating a half- cover for shade. The project will be in 3 phases: 1 – pad and refrigeration, 2 – boards and landscaping, 3 – additional features such as cover. 5.2. Staff update: Celebration Plaza – the ramp at the back of the bandshell is the only project left to be completed before end of year, will be done in the next couple of weeks. Future work will depend on funding and council resolutions. 5.3. Approval of Master Plan: Moved By: Seconded By: THAT the Memorial Park Revitalization Project Subcommittee endorses the attached updated coloured plan layout B and Conceptual Master Plan review summary; AND THAT the plan layout B and review summary be consolidated as the Master Plan for Memorial Park and referred to the Parks and Recreation Advisory Committee for confirmation and to Council for confirmation and implementation. 5.4. Rotary Club: the memorial stones along the path have been lifted and mulching completed, lots of positive feedback from residents. The club will be working on planting shrubs and bushes for privacy of adjacent residences as well as installing the swings by the end of March. 5.5. Fair Board: is having a Christmas fundraiser in Courtland. Brought pictures of Ancaster fair buildings as examples of what the Fair Board would like to see to accommodate their needs and wants. Meritt Hall and another building 135’ x 80’ in size. 5.6. Skate Park/Pumptrack: the track is holding up well. The engineering requirement for shade sails will add significant cost to the project, plan to have another fundraiser. 114 Memorial Park Revitalization Committee Meeting Minutes, October 30, 2017 - 3 - 5.7. Lions Club: Lion Paul DeCloet is replacing Scott McKenzie on the committee. The club still hasn’t decided on the project but is committed to doing something. Hope to have more information for the next meeting. 5.8. Dog Park: absent. 5.9. Ball Diamond repositioning/Ball users: nothing new to report, looking for money for a field house. Once the diamond repositioning has been decided, the ball users will plan improvements for which they have some funds. 6. Round Table - Reminder from Councillor Rosehart that Pumptrack/skate park must be funded without using taxpayers money, including staff time. - Parking – with the dog park in place, need to be watchful for driving and parking on the North end of diamond. 7. Next Meeting The next meeting of the Memorial Park Revitalization Committee will be on Monday November 20, 2017 at 5:30pm. 8. Adjournment Moved By: Terry Smith Seconded By: Scott Vitias Resolution #4 THAT the Memorial Park Revitalization Committee Meeting of October 30, 2017 be adjourned at 6:20pm. Carried. 115 = ATTENDANCE MEMBERS PRESENT: Charles Baldwin, Paul DeCloet, Penny Esseltine, Corey Hill, Robert Marsden, Christine Nagy, Sue Saelens, Marian Smith, Maurice Verhoeve. M Verhoeve brought a guest Sarah Pfeipher MEMBERS ABSENT/REGRETS: Ken Butcher, Paul Wareing 1. Call to Order The meeting was called to order at 9:03 a.m. 2. Adoption of Agenda Moved By: S. Saelens Seconded By: C. Nagy Proposed Resolution #1_ THAT the Agenda for the Heritage, Beautification & Cemetery Advisory Committee meeting of November 2, 2017 be adopted with additions. Carried. 3. Disclosures of Pecuniary Interest and the General Nature Thereof: None 4. Adoption of Minutes of Previous Meeting Moved By: S. Saelens Seconded By: P. DeCloet Proposed Resolution #2 THAT the minutes for the October 5, 2017 meeting be approved with the following amendments: 1. Tillsonburg Horticultural Society report – strike the sentence “We must look at presenting a budget to Council for 2018….sharing survey results, etc.”; 2. Committee Vacancy should read Reg Butcher instead of Ken Butcher. Carried. 5. Delegations and Presentations - none 6. General Business & Reports 6.1 Report from Tillsonburg Horticultural Society (THS) – On October 25h, Christine Nagy participated in a meeting requested by Rick Cox to discuss Annandale House gardens. Other participants were Patti Phelps, Jami Stephenson and Bill Pratt. The following were the highlights from our discussions: Future significant dates for Annandale beautification are the years 2018 for Annandale’s 45th anniversary and 2022 for the Town of Tillsonburg’s 150th anniversary. Going forward, costs for grounds and gardens would be included in the Parks & Recreation budget rather than the Museum’s overall budget. The Corporation of the Town of Tillsonburg HERITAGE, BEAUTIFICATION & CEMETERY ADVISORY COMMITTEE November 2, 2017 9:00 a.m. Corporate Annex 200 Broadway MINUTES 116 Two meetings will be held each year: February to determine needs for the upcoming growing seasons and October to review what had transpired. These meetings will also encompass needs and reviews for gardens in addition to Annandale House. In future, a binder will be available in the Annandale garden shed for volunteers to log in and log out, as well as record what tasks and jobs were started and/or completed. All volunteers are encouraged to work with a “buddy” or failing that, to have a cell phone in their possession. It was recommended that the pine tree be removed as quickly as possible. During this meeting, Rick Cox requested that the THS help with the beautification and maintenance of the Bert Newman Park. This request will be put forward to the THS Board for their decision on November 14th. Moved By: S. Saelens Seconded by: P. Esseltine Proposed Resolution #3 THAT the Heritage, Beautification & Cemetery Advisory Committee accept the report as submitted. Carried 7. Correspondence 8. Other Business 8.1 Heritage Designations for church windows – St. Paul's Board will discuss at their next meeting and decide whether to designate the church windows. 8.2 Committee Vacancy – Clerk’s office has received an application from Reg Butcher. This will go before Council on November 13 for endorsement. 8.3 Kiwanis sign at Coronation Park – still trying to determine authorization to take it down. 8.4 Invasive species – R. Cox working on a draft amendment to the tree by-law. 8.5 Cemetery decoration by-law – needs to be more signage in the cemetery advising public of the by-law requirements for artificial decoration. By-law is not being enforced. Corey will take to the operations staff. 8.6 Councillor Stephenson’s inquiry for alternative options for cremations. The Cemetery Master Plan is being reviewed and amended and will be presented at next meeting. 8.7 Mausoleums – Corey did a slide presentation showing before and after pictures of the Tribe and Teall mausoleums. All three mausoleums have been cleaned, repaired and improved within the budget allocated for mausoleum repairs. 8.8 St. Paul’s - their board is requesting advice on modifications to the manse. A letter is required to be sent from St. Paul’s to this committee outlining the modifications requested. 8.9 Five Year Beautification Plan – presentation was made to Council (prior to the budget process) which went well. Last year Council did not approve the full request for funding but did approve $25,000 for a sample year. Results of beautification this year were impressive and we will continue to request the full amount required to complete the five year plan. Corey noted that the Town taking on the beautification instead of contracting the work was beneficial and more efficient. 8.10 Splash ‘N Boots – Councillor Stephenson noted that this show for younger children will be held Dec. 28 and is subsidized by the Canada 150 committee. 9. Next Meeting The next meeting of the Heritage, Beautification & Cemetery Advisory Committee will be on December 7, 2017 at 9:00 a.m. in the Annex Meeting Room, 200 Broadway. 10. Adjournment Moved By: P. DeCloet Proposed Resolution #4 THAT the Meeting of Heritage, Beautification & Cemetery Advisory Committee on November 2, 2017 be adjourned at 10:05 a.m. Carried. 117 = Attendance: Jami Stephenson, Chair, Brian Stephenson, Karen Smith, Penny Esseltine, Josiane DeCloet, Marianna Carson, Aleksandra Webber, Heather Cnockaert, Paul Weaver, Staff: Jessica Coulston, Donna Wilson, Patty Phelps Regrets: Irene Hurley, Virginia Armstrong, Tabitha Dalm, Wendy Cameron, Evan VanMoerkerke 1. Call to Order The meeting was called to order at 4:35 p.m. 2. Adoption of Agenda Resolution #1 Moved By: Aleksandra Webber Seconded By: Karen Smith THAT the Agenda as prepared for the Canada 150 Committee meeting of Monday, November 20, 2017, be adopted. Carried 3. Adoption of the Committee Minutes of Previous Meeting Resolution #2 Moved By: Brian Stephenson Seconded By: Josiane DeCloet THAT the Minutes of the Canada 150 Committee meeting of October 16, 2017, be approved. Carried 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of Pecuniary Interest Declared The Corporation of the Town of Tillsonburg Canada 150 Committee Monday, November 20, 2017 4:30 p.m. Council Chambers 200 Broadway, 2nd Floor MINUTES 118 Canada 150 Committee Meeting – Agenda - 2 - 5. Canada 150 Event Updates - Inner Chamber 1867 – December 2nd 100 tickets sold to date. Students from the academy of music will be given a chance to meet one on one with the musicians. Volunteers requested – two to three have been requested. - Splash’N Boots Event – December 28th 470 sold – 66% sold. On Dec 4th Heart FM interview regarding splash n Boots event Also starting today Heart FM will be doing 70 - 10 second advertising segments - Free Skate 1:15 – 3:15 p.m. December 10th Zehrs & Tim Hortons and Metro. 70 cup from Tim’s Zehrs will provide powdered hot chocolate and short bread and chocolate chip cookies. No food or drink will be allowed on the ice. Discussion took place regarding adding Canada 150 flags for display at the arena that day. Brian Stephenson will look after any leftover cookies and hot chocolate. Canada 150 material is currently being sold at reduced costs. The Knights of Columbus have donated $300 to the committee. One suggestion was to provide some of the food costs back to the donators. Discussion took place regarding the left over Canada 150 swag. It was thought that the balance of the 150 kids t shirts should be drawn at the events. 6. Roundtable The museum has many final Canada 150 events at the museum in December this year. 7. Next Meeting The final meeting shall be January 29, 2018, 4:30 p.m. 119 Canada 150 Committee Meeting – Agenda - 3 - 8. Adjournment Resolution #3 Moved By: Marianna Carson Seconded By: Aleksandra Webber THAT the November 20, 2017 Meeting of the Canada 150 Committee, be adjourned at 5:25 p.m. Carried 120 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4149 A By-Law to amend Zoning By-Law Number 4149, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘R3-14’ the zone symbol of the lands so designated ‘R3-14’ on Schedule “A” attached hereto. 2. That Section 6.5 to By-Law Number 3295, as amended is hereby further amended by deleting subsection 6.5.16 in its entirety. 3. That Section 8.6 to By-Law Number 3295, as amended is hereby further amended by adding the following: “8.6.14 LOCATION: EAST SIDE OF OLD VIENNA ROAD, PART BLOCK A, PLAN 966, PARTS 1 & 2 of 41R-9192 R3-14 (Key Map 29) 8.6.14.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-14 Zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 8.1. 8.6.14.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-14 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 8.6.14.2.1 Notwithstanding any provisions of this By-Law to the contrary, within any R3-14 Zone, the provisions of Section 5.30.2 (Environmental Protection 2 Overlay and Fish Habitat) shall not apply. 8.6.14.3 That all of the provisions of the R3 Zone in Section 8.2 of this By-Law, as amended, shall apply; and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. 121 The Corporation of the Town of Tillsonburg By-law Number 4149 Page 2 READ a first and second time this 27th day of November, 2017. READ a third time and finally passed this 27th day of November, 2017. Mayor Clerk 122 N.W. ANGLE BLOCK A, PLA N 9 6 6 P L A N 9 6 6 N60°10'00"E 1 8. 5 3 N13°27'50"E 24.50N20°01'20"E 36.08N5 2 ° 3 6 ' 3 7 " W 5 2 . 6 9 N20°28'00"W 54.74 B L O C K A OLDVIENNARDPT BLOCK A, PLAN 966TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO R3-14 NOTE: ALL DIMENSIONS IN METRES MAYOR CLERK THIS IS SCHEDULE "A" TO BY-LAW No. 4149, PASSED THE 27th DAY OF NOVEMBER, 2017 5 0 5 10 152.5 METRES SCHEDULE "A" TO BY-LAW No. 4149 © 123 ZN 7-17-12 TOWN OF TILLSONBURG BY-LAW NUMBER 4149 EXPLANATORY NOTE The purpose of By-Law Number 4149 is to rezone the subject property from ‘Special Low Density Type 1 Zone (R1-16)’ to ‘Special Low Density Residential Zone (R3-14)’ to facilitate the construction of multiple unit dwelling, consisting of 4 dwelling units. Special provisions are included to remove the EP2 Overlay affecting the subject lands. The subject property is legally described as Parts 1 & 2 of 41R-9192 & Part Block A, Plan 966, Town of Tillsonburg. The subject property is located on the east side of Old Vienna Road, lying between Van Street and Simcoe Street. The lands are municipally known as 28 Old Vienna Road, Tillsonburg. The Municipal Council, after conducting the public hearing necessary to consider any comments to the proposed zone change application, approved By-Law Number 4149. The public hearing was held on November 27, 2017. No public input was received for this application. Any person wishing further information relative to Zoning By-Law Number 4149 may contact the undersigned: Ms. Donna Wilson Clerk Town of Tillsonburg 200 Broadway, 2nd Floor Town Centre Mall Tillsonburg, ON N4G 5A7 Telephone: 842-9200 File: ZN 7-17-12 (Anna Maria Veldman) Report No: 2017-338 124 BigOtter C r e e k LINCOLN STVIENNARDH A R V E Y S T OXFORD ST OAKSTSIMCOE ST C A T A L L E Y LO N D O N STEPINE AVEEARL E S T ELE A N O R CRTTILLSON AVEBALL A L L E Y STUBBSCRT JOHNPOUNDRDVAN ST VERN A D RBLOOMER STTILLSON STCEDAR STB RO A DW A Y OLDVIENNARDELM ST KEY MAP LANDS TO WHICH BYLAW 4149 APPLIES © 50 0 50 100 15025 METRES 125 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4151 SITE PLAN CONTROL BY-LAW WHEREAS Section 41 of the Planning Act, R.S.O. 1990, as amended, provides in part that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area and may delegate to either a Committee of the Council or to an appointed officer of the municipality, any of the Council's powers or authority under that section; AND WHEREAS in the County of Oxford Official Plan, the whole of the Town of Tillsonburg is described as a site plan control area and the Council of the Town of Tillsonburg considers it appropriate to designate the whole of the Town of Tillsonburg as a site plan control area; AND WHEREAS under Section 41 (13)(b) of the Planning Act, R.S.O. 1990, as amended, the Council of the Town of Tillsonburg deems it desirable to delegate Councils site plan control powers to appointed officers in this by-law; AND WHEREAS the Town of Tillsonburg requires applications for building construction permits to be accompanied by plans and drawings referred to under Section 41(4) of the Planning Act, R.S.O. 1990, and by one or more agreements with the Corporation that deal with or ensure the provision and maintenance of any facilities, works or matters to be provided in conjunction with all buildings and structures to be erected and any facilities, works or matters mentioned in Subsection 41(7) of that Act. AND WHEREAS the Council of the Town of Tillsonburg hereby repeals By-Law No. 3513 in its entirety, and replaces it with this by-law. THEREFORE, the Council of the Corporation of the Town Tillsonburg enacts as follows: 126 The Corporation of the Town of Tillsonburg By-law Number 4151 Page 2 1.0 DEFINITIONS In this By-law, unless a contrary intention appears: 1.1 "Act" means the Planning Act, R.S.O. 1990, c.P.13, as amended; 1.2 "Delegated Officials" means the appointed officers of the Corporation identified in Schedule ‘B’ to this by-law either by name or position occupied; 1.2 "Development Coordinating Committee" means the Development Coordinating Committee appointed by the Council of the Town of Tillsonburg. The members of the Development Coordinating Committee are outlined in Schedule ‘C’ to this by-law; 1.3 "Corporation" means the Corporation of the Town of Tillsonburg; 1.4 "Council" means the Municipal Council of the Corporation; 1.5 "Development" means: 1.5.1 the construction, erection or placing of one or more buildings or structures on the land; or 1.5.2 an interior or exterior addition or alteration to a building or structure on a property that has the effect of increasing the usability of the property; or 1.5.3 an addition or alteration to a building or structure on a property that has the effect of increasing the size of the building or structure in an industrial zone by more than 30% of the gross floor area or increasing the size of the building or structure in all other zones by more than 20% of the gross floor area, subject to the review of the proposal by the Development Coordinating Committee; or 1.5.4 the laying out and establishment of a commercial, institutional or industrial parking lot resulting in five (5) or more spaces; or 1.5.5 the laying out and establishment of sites for the location of three or more trailers as defined in the Municipal Act or of the sites for the location of three or more mobile homes as defined in subsection 46(1) of this Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46(1) of this Act; or 1.5.6 an amendment to an existing site plan, elevation plan, landscape plan, and/or servicing plan or an amendment to an existing site plan agreement with the Town of Tillsonburg; 1.6 "Official Plan" means the County of Oxford Official Plan as amended from time to time; 1.7 "Site Plan Design Guidelines" means Schedule ‘A’ to this by-law; 127 The Corporation of the Town of Tillsonburg By-law Number 4151 Page 3 DEVELOPMENT SUBJECT TO SITE PLAN CONTROL 2.0 SITE PLAN CONTROL AREA The whole of the Town of Tillsonburg as constituted from time to time is hereby designated as a site plan control area. 2.1 EXEMPT CLASSES OF DEVELOPMENT The following classes of development may be undertaken without the approval of plans and drawings otherwise required under Subsection 41(4) or 41(5) of the Planning Act, and this by-law does not apply to such classes: 2.1.1 A building which is constructed, erected or placed for the purpose of a single detached, semi-detached, duplex, triplex or freehold street fronting townhouse dwelling units on a public street and converted dwelling containing a maximum of two (2) dwelling units, as well as all residential accessory buildings; 2.1.2 An addition or alteration to a building or structure mentioned in Section 2.1.1; 2.1.3 Agricultural and farm-related buildings, building additions, building alterations or structures that are utilized in farming operations, but not including agricultural-commercial or industrial operations such as farm equipment sales and service, farm supply sales and agricultural storage, service or supply establishments; 2.1.4 The placement of a portable classroom on a school site of a district school board if the school was in existence on January 1, 2007. APPROVAL OF PLANS AND DRAWINGS 3.0 APPLICATION FOR APPROVAL Every application for a permit to construct a building or structure or an addition or alteration to a building or structure shall be accompanied by the following plans, specifications, documents and information: 3.1 the plans referred to in Paragraph 1 of subsection 41(4) of the Act, showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction with the building or structure and all the facilities, works and matters referred to in Clause 41(7)(a) of the Act in accordance with the Site Plan Design Guidelines, attached as schedule ‘A’ to this by-law; 3.2 the drawings referred to in Paragraph 2 of Subsection 41(4) of the Act in 128 The Corporation of the Town of Tillsonburg By-law Number 4151 Page 4 accordance with the Site Plan Design Manual; 3.3 one or more agreements with the Corporation dealing with the provision and maintenance of the facilities and works to be provided in conjunction with the building or structure and the facilities, works and matters mentioned in Subsection 41(7) of the Act in accordance with the plans and drawings approved pursuant to the Act and this by-law and in accordance with the Site Plan Design Guidelines; 3.4 where required under an agreement referred to in Section 3.3, security, in the form of certified cheque, letter of credit, or development bond to protect the Corporation in respect of its liability for holdback and costs under Subsection 17(4) of the Construction Lien Act, R.S.O. 1990. c. C.30. as amended, and to assure satisfactory provision and maintenance of the facilities and works to be provided in conjunction with the building or structure and the facilities, works and matters mentioned in Subsection 41(7) of the Act in accordance with the plans and drawings approved pursuant to the Act and this by-law and in accordance with the Site Plan Design Guidelines. 4.0 PROVISION AND MAINTENANCE OF FACILITIES As a condition to the approval of the plans and drawings referred to in subsection 41(4) of the Planning Act, the owner of the land is hereby required to: 4.1 provide in accordance with the Site Plan Design Guidelines and at no expense to the Corporation the facilities, works or matters mentioned in Section 41(7)(a) of the Act approved in accordance with Section 41 of the Act and shown of the plans and drawings; and 4.2 maintain in accordance with the Site Plan Design Guidelines and at the sole risk and expense of the owner the facilities or works mentioned in paragraphs 2 to 9 (inclusive) of Section 41(7)(a) of the Planning Act and shown on the plans and drawings, approved in accordance with Section 41 of the Act, including the removal of snow from access ramps and driveways, parking and loading areas and walkways. DELEGATION OF COUNCIL’S POWERS TO APPOINTED OFFICERS 5.0 DELEGATION TO APPOINTED OFFICERS Whereas Section 41(13)(b) of the Act, permits the delegation of the site plan control function to either a Committee of Council or an appointed officer of the municipality, the function to approve plans and drawings required for any site plan control area in the Town and to impose necessary conditions of approval are hereby delegated to the appointed officers of the Corporation indentified in Schedule ‘B’ to this by-law either by name or position: 129 The Corporation of the Town of Tillsonburg By-law Number 4151 Page 5 5.1 the Town of Tillsonburg Building and Planning Services Department shall consult with and circulate copies of all site plans and drawings, to the appropriate municipal departments and agencies to ensure compliance of plans and drawings and other facilities and works proposed with the requirements of the by-laws and/or statutes administered by such departments and agencies; 5.2 the Town of Tillsonburg Building and Planning Services Department shall report all site plan applications received and all decisions rendered to the Council of the Town of Tillsonburg; 5.3 the appointed officers shall determine the conditions of approval to the site plan in accordance with the standing policies of Town of Tillsonburg; 5.4 in the event of a dispute between the appointed officers and an applicant, the applicant may request referral of the decision of the appointed officers to the Town of Tillsonburg Development Coordinating Committee regarding site plans, drawings or conditions of approval. 5.5 the applicant may also appeal the decision of the Development Coordinating Committee to Town Council regarding site plans, drawings or conditions of approval. 5.5 the Council of the Town of Tillsonburg may, by resolution, require that the appointed officers not approve plans or drawings of a proposed development and shall refer such plans or drawings directly to Council; 5.6 the site plans and drawings approved by the appointed officers shall be stamped and signed as approved by the Town Chief Administrative Officer and by the County Development Planner responsible for Planning services within the Town. 6.0 EXERCISE OF POWER The exercise of the powers, authority or appointment delegated or made under Section 5.0 of this by-law is subject to the following: 6.1 The appointed officers shall approve the plans and drawings referred to in Subsection 41(4) of the Act except where, 6.1.1 the proposed facilities, works or matters shown on the plans and drawings do not comply with any applicable Zoning By-law or are not substantially in accordance with the Site Plan Design Guidelines attached as Schedule ‘A’ to this by-law, or 6.1.2 the application under Section 3.0 of this by-law for approval of the plans and drawings is incomplete. 6.2 As a condition to the approval of plans and drawings referred to in Subsection 41(4) of the Act, the appointed officers may require that the owner of the land enter into one or more agreements referred to in Section 3.3 of this by-law. 130 The Corporation of the Town of Tillsonburg By-law Number 4151 Page 6 6.3 The powers or authority under Sections 41(7)(b) and (c) of the Act with respect to any of the facilities, works or matters mentioned in Section 41(7)(a) of the Act shall be exercised by the appointed officers on the advice of the officer of the Corporation holding the position from time to time of Director of Operations or his/her delegate. 6.4 The provisions of the Site Plan Design Guidelines be applied in each circumstance as it arises with such variations or modifications as the circumstances may require so long as each applicable provision is given effect according to its true intent and purpose. 6.5 The form or wording of the agreement shall be used with such variations or modifications as circumstances may require so long as the substance is not changed or affected and any variance, not being in manner of substance, does not affect the regularity of any agreement. 7.0 LAPSING OF APPROVAL An approval by the appointed officers of plans and drawings referred to in Subsection 41(4) of the Act lapses, 7.1 where a building permit is required for the development: 7.1.1 at the expiration of one year from the date of approval if, within the one year period, no building permit is issued for the development; 7.1.2 and a building permit is issued for the development but the owner has not started construction within one year of date of issuance of the building permit or the construction of the development has not been completed within three years of the date of issuance of the building permit; or 7.1.3 upon the revocation at any time of any building permit issued for the development; and 7.2 where no building permit is required for the development but the owner has not started construction within one year of date of site plan approval or the construction of the development has not been completed within three years of the date of site plan approval. 7.3 The lapse of an approval is effective upon written notice revoking the approval by the appointed officers to the owner or, where an agreement has been registered, upon the registration of a notice that the approval is revoked and the agreement is terminated. 131 The Corporation of the Town of Tillsonburg By-law Number 4151 Page 7 FAILURE TO ACT / APPEAL 8.0 FAILURE TO ACT / APPEAL TO TOWN COUNCIL Where the appointed officers do not approve the plans and drawings referred to in Subsection 41(4) of the Act within thirty (30) days after they are submitted to the Municipality for approval or where the owner of the land is not satisfied with any of the requirements made by the appointed officers under Subsection 41(7) of the Act or with any part thereof, including the terms of any agreement required, the owner of the land may, by written notice to the Clerk of the Town of Tillsonburg and submission of the application fee as per the Town’s current Rates and Fees By-Law, request that the plans or drawings or the unsatisfactory requirements or parts thereof or the agreement, be referred to Council, and 8.1 Council shall hear the owner or afford the owner an opportunity to be heard as soon as practicable after the decision of the appointed officers, and 8.2 shall consider the report and recommendation of the appointed officers and determine the matter in issue, settle and determine the details of the plans or drawings and approve the same, settle and determine the requirements, including the provisions of any agreement. APPROVAL BY TOWN COUNCIL 9.0 COUNCIL APPROVAL AT TIME OF REZONING In respect of any specific development, at the time Council recommends the approval of any zoning or rezoning by-law for the development, Council may on its own initiation: 9.1 take over the powers of the appointed officers to approve the plans and drawings and impose requirements pertaining to the development, and thereafter the appointed officers shall not approve such plans and drawings or impose requirements pertaining to the development, except as provided by this clause; 9.2 hold one or more public meetings, at which the owner shall be afforded an opportunity to be heard, for the purpose of considering the plans and drawings and requirements pertaining to the development, and as soon as practicable thereafter make a recommendation concerning the approval of the plans and drawings pertaining to the development and any requirements under subsection 41(7) of the Act, including the provision of any agreement required; 10.0 EXECUTIVE ACTS AUTHORIZED The Chief Administrative Officer and Director of Operations are hereby authorized to 132 The Corporation of the Town of Tillsonburg By-law Number 4151 Page 8 execute on behalf and under the seal of the Corporation any document necessary to give further effect to the provisions of this by-law. ENFORCEMENT 11.0 DEVELOPMENT WITHOUT APPROVED PLANS Every person who, without having plans or drawings approved in accordance with Section 41 of the Act, undertakes any development in the site plan control area designated by this by-law is pursuant to section 67 of the Act, is guilty of contravening section 41 of the Act. 12.0 FAILURE TO PROVIDE OR MAINTAIN FACILITIES, ETC. Every person who undertakes any development in the site plan control area designated by this by-law without providing or maintaining any of the facilities, works or matters that are mentioned in clause 41(7)(a) of the Act and that are required by the Corporation under that clause as a condition to the approval of plans or drawings in accordance with section 41 of the Act is, pursuant to section 67 of the Act, guilty of contravening section 41 of the Act. 13.0 FAILURE TO ENTER INTO AGREEMENT Every person who undertakes any development in the site plan control area designated by this by-law without entering into one or more agreements with the Corporation that deal with or ensure the provision or maintenance of any of the facilities, works or matters and that the person is required by the Corporation to enter into under that subsection as a condition to the approval of plans and drawings in accordance with section 41 of the Act is, pursuant to section 67 of the Act, guilty of contravening Section 41 of the Act. 14.0 PENALTY UPON CONVICTION Every person who contravenes any provision of this by-law, upon conviction, is guilty of an offence and is liable to any penalty as provided in the Planning Act. 15.0 FACILITIES , ETC. PROVIDED BY THE TOWN In default of an owner of land, in the future, providing or maintaining any of the facilities, works or matters that are to be provided in conjunction with all buildings and structures to be erected or that are mentioned in section 41(7)(a) of the Act and that are required by the Corporation as a condition to the approval of plans or drawing referred to in section 41(4) of the Act, the Council may by by-law direct that such facilities, works or matters shall be provided or maintained by or on behalf of the Corporation at the expense of the owner and the expense incurred in doing so shall be recovered 15.1 by use of any cash or security bonds furnished to the Corporation under section 3.4 of this by-law; 15.2 by action; 133 The Corporation of the Town of Tillsonburg By-law Number 4151 Page 9 15.3 in a like manner as municipal taxes; 15.4 in annual instalments payable by the owner, with interest, not exceeding ten years. 16.0 MINOR CORRECTIVE AMENDMENTS Minor grammatical, cross referencing or formatting amendments to the schedules and appendices of this By-law may be undertaken at the discretion of the delegated officials, without amendment to the By-law. 17.0 REPEAL By-law 3513, entitled “Site Plan Control By-law”, passed by Council on September 26, 2011, and all amendments are hereby repealed. 18.0 COMMENCEMENT This by-law comes into force on the day it is passed. READ a first and second time this 27th day of November, 2017. READ a third time and finally passed this 27th day of November, 2017. Mayor – Stephen Molnar Town Clerk – Donna Wilson 134 The Corporation of the Town of Tillsonburg By-law Number 4151 Page 10 Schedule ‘A’ To Site Plan Control By-law No. 4151 Site Plan Control Guidelines. 135 The Corporation of the Town of Tillsonburg By-law Number 4151 Page 11 Schedule ‘B’ To Site Plan Control By-law No. 4151 List of appointed officers of the Corporation identified by position occupied to whom Council’s powers or authority under Section 41 of the Act have been delegated. County Development Planner, responsible for providing Planning services to the Town of Tillsonburg, or his/her designate; and Town Chief Administrative Officer, or his/her designate. 136 The Corporation of the Town of Tillsonburg By-law Number 4151 Page 12 Schedule ‘C’ To Site Plan Control By-law No. 4151 List of the members of the Development Coordinating Committee. County Development Planner, responsible for providing Planning services to the Town of Tillsonburg; Town Chief Administrative Officer; Town Director of Operations; and Town Chief Building Official Town Manager of Engineering 137 Schedule "A" to By-law No. 4151 SITE PLAN APPROVAL GUIDELINES TOWN OF TILLSONBURG Prepared by the County of Oxford Community Planning Office November 27, 2017 138 TABLE OF CONTENTS SECTION 1 – INTRODUCTION 1 DESCRIPTION 1 DEFINITION OF “DEVELOPMENT” 1 SITE PLAN APPROVAL REQUIRED 2 GOALS OF SITE PLAN CONTROL 2 SECTION 2 – SITE PLAN APPROVAL PROCESS 3 APPROVAL PROCESS 3 SECTION 3 – APPLICATION REQUIREMENTS 12 APPLICATION 12 FEES, PERFORMANCE SECURITIES AND DEPOSITS 12 GENERAL REQUIREMENTS FOR DRAWINGS 13 DRAWINGS REQUIRED FOR STAMPING 13 SITE PLAN DRAWING REQUIREMENTS 13 BUILDING ELEVATION AND CROSS-SECTION DRAWINGS 14 DESIGN FOR ACCESSIBILITY 14 LANDSCAPE PLAN REQUIREMENTS 14 SITE SERVICING PLAN REQUIREMENTS 15 SANITARY SEWER SYSTEMS 15 STORM DRAINAGE SYSTEMS 15 WATER SYSTEMS 16 ELECTRICAL SYSTEMS 16 FIRE DEPARTMENT ACCESS 16 ROAD WIDENING(S) AND SIGHT TRIANGLE(S) 16 EASEMENTS 16 SECTION 4 – SITE PLAN CONTROL OBJECTIVES AND GUIDELINES 17 BUILDING LOCATION AND FACILITY DESIGN - ALL DEVELOPMENTS 17 LOCATION OF BUILDINGS AND FACILITIES 17 BUILDING ORIENTATION 17 BUILDING FORM 17 139 PARKING, DRIVEWAYS AND LOADING FACILITIES – ALL DEVELOPMENTS 18 PARKING AREAS 18 PARKING SPACE REQUIREMENTS 18 INTERNAL DRIVEWAYS 19 OFF-STREET LOADING FACILITIES 19 GARBAGE STORAGE HANDLING AREAS – ALL DEVELOPMENTS 19 DESIGN FEATURES 19 SNOW REMOVAL AND STORAGE AREAS – ALL DEVELOPMENTS 20 ACCESS – ALL DEVELOPMENTS 20 PEDESTRIAN FACILITIES – ALL DEVELOPMENTS 20 SITE LIGHTING GUIDELINES ALL DEVELOPMENTS 21 LANDSCAPING AND BUFFERING FEATURES – ALL DEVELOPMENTS 21 DEFINITIONS 21 SCREENING AND ORNAMENTAL PLANTINGS 21 PLANT SELECTION 21 PRESERVATION OF EXISTING LANDSCAPE ELEMENTS 22 TREE PROTECTION STANDARDS – ALL DEVELOPMENTS 22 GRADING OF STORM, SURFACE & WASTE WATER – ALL DEVELOPMENTS 22 STORM WATER RETENTION SYSTEMS 22 WASTE WATER SYSTEMS 23 ADDITIONAL GUIDELINES FOR COMMERCIAL DEVELOPMENT 23 GENERAL GUIDELINES 23 COMMERCIAL DEVELOPMENT IN THE DOWNTOWN CORE 23 ADDITIONAL GUIDELINES FOR RESIDENTIAL DEVELOPMENT 23 GENERAL BUILDING ORIENTATION 24 SEPARATION SPACES 24 PRIVATE OUTDOOR AMENITY AREAS 24 CHILDREN’S PLAY AREAS 25 PROXIMITY TO RAIL LINES AND OTHER SOURCES OF NOISE 25 COMMUNITY MAILBOXES 25 APPENDIX “A” SITE PLAN APPROVAL FORMAL PRE-CONSULTATION APPLICATION APPENDIX “B” SITE PLAN APPROVAL APPLICATION APPENDIX “C” COST ESTIMATE OF SITE WORKS AND SERVICES APPENDIX “D” EXAMPLE OF LETTER OF CREDIT FORM APPENDIX “E” EXAMPLE OF DEVELOPMENT BOND FORM 140 141 Town of Tillsonburg Site Plan Approval Guidelines Page 1 SECTION 1 – INTRODUCTION Description In the Province of Ontario, the Planning Act authorizes municipalities to employ Site Plan Control as a land use tool to ensure the appropriate location of a development on a site and to ensure the safety, attractiveness and compatibility with the surrounding land. This Guideline document has been prepared to inform potential developers and the public about the use of Site Plan Control, the requirements for Site Plan approval in the Town of Tillsonburg, and to provide guidelines for site plan preparation and review. Section 2 of this Guide provides an overview of the Town’s Site Plan Control process. Section 3 identifies the submission requirements for Site Plan application and approval. The more specific objectives for each matter which is subject to Site Plan Control, as well as the guidelines, criteria and standards to be used in order to achieve these goals, are in Section 4 of this guide. Definition of ‘Development’ For the purposes of Site Plan Control, development is defined in the Planning Act as: …the construction, erection, or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more travel trailers as defined in subsection 168(5) of the Municipal Act 2001, or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of this Act, or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46(1) of this Act. (S. 41(1) Planning Act, R.S.O. 1990) In addition to the provisions in the Planning Act, within Oxford County and its local area municipalities, the general policies for use of Site Plan Control are contained in the County of Oxford Official Plan. The Official Plan defines the entire Town as a proposed Site Plan Control Area. Development in the Town is further regulated through the Town of Tillsonburg Zoning Bylaw No. 3295, the Town Site Plan Control By-law and other applicable By-laws. Pursuant to Section 41 of the Planning Act, the Council of the Town of Tillsonburg has enacted a comprehensive Site Plan Control (SPC) By-law. The Town’s SPC By-law identifies the development situations and land use classes subject to SPC and exempts certain classes of land use from these controls. This By-law also outlines the requirements for the submission of plans and drawings, and where necessary appropriate studies, prior to permitting “development” on the lands which are subject to Site Plan Control. 142 Town of Tillsonburg Page 2 Site Plan Approval Guidelines Site Plan Approval Required Site Plan approval is required for all commercial, industrial, institutional, private recreational and medium or high density residential types of development in the following situations: a) The construction, erection or placing of one or more buildings or structures on the land; or b) An interior or exterior alteration to a building or structure on a property that has the effect of increasing the usability of the property; or c) An addition or alteration to a building or structure on a property that has the effect of increasing the size of the building or structure in an industrial zone by more than 30% of the gross floor area or increasing the size of the building or structure in all other zones by more than 20% of the gross floor area, subject to the review of the proposal by the Development Coordinating Committee; or d) The making or construction of, or addition to, a commercial, institutional or industrial parking lot resulting in five or more parking spaces; or e) An amendment to an existing site plan, elevation plan, landscape plan, and/or servicing plan or an amendment to an existing site plan agreement with the Town on property which has been designated as a site plan control area in the Site Plan Control By-law which has been adopted by the Town. It should be noted that all submissions must meet the requirements of the Town Zoning By-law No. 3295 and the County of Oxford Official Plan, otherwise planning approval will be required prior to the final approval of a site plan application. The following classes of development are exempted from site plan approval: a) Dwellings: single detached dwelling, semi-detached dwelling, duplex dwelling, triplex dwelling, freehold street-fronting townhouses on public streets and converted dwelling containing a maximum of two (2) dwelling units, as well as all residential accessory buildings. b) An addition or alteration to a building or structure mentioned in Section 2.1 of By-law 4151. c) Placement of a portable classroom on a school site of a district school board if the school site was in existence on January 1, 2007. d) Agricultural and farm-related buildings, building additions, building alterations or structures that are utilized in farming operations, but not including agricultural, commercial or industrial operations such as farm equipment sales and service, farm supply sales and agricultural storage, service or supply establishments. e) For more information please see the section titled Exempt from Site Plan Approval found on page 4. Goals of Site Plan Control: The principal goals of Site Plan Control are to: a) ensure the safety and convenience of vehicular and pedestrian traffic to, from, and on the site of a new development or redevelopment; b) reduce the cost to the municipality where development requires the widening of existing roads or the granting of easements for municipal purposes; c) ensure that off-street parking and loading facilities are properly located, constructed and maintained during all seasons; d) improve the quality and aesthetic appearance of developments for greater enjoyment by 143 Town of Tillsonburg Site Plan Approval Guidelines Page 3 the users and tenants; e) improve the image of the Town through well designed individual developments; and f) ensure proper stormwater management, drainage, lot grading for individual developments. SECTION 2 – SITE PLAN CONTROL PROCESS Approval Process In order to expedite Site Plan Approval applications, the Town has created three separate application types, Minor, Major and Amendment. Minor Site Plan Approval applications will take approximately 7 business days from submission of a complete application if the application conforms to the provisions in the Town of Tillsonburg Zoning By-law No. 3295, the policies of the County of Oxford Official Plan, the Town’s Site Plan Approval Guidelines, and other applicable policies and guidelines. Major applications will take approximately 20 business days from submission of a complete application. Site Plan Amendment applications will vary in the length of time to approve based on the complexity of the proposed development. Please note that the application process can be expedited by ensuring that all submitting drawings and reports meet the requirements of the Site Plan Approval Guidelines. In order to ensure a complete application, please contact Staff to arrange for a required Pre-Consultation meeting (application attached as Appendix A). After the Pre-Consultation meeting, the applicant completes the Site Plan Approval application form (attached as Appendix B), and completes the attached Site Plan Approval application checklist, supplies Cost Estimates (attached as Appendix C, if necessary) along with all required drawings/reports/studies/etc. Furthermore, timely resubmission of amended plans based on comments/concerns of commenting agencies can also greatly expedite the approval process. Site Plan Approval Pre-Consultation The Town requires that the applicant and their agents (if applicable) meet with the County Development Planner and Town staff (if applicable) to discuss the development proposal before submitting any application for Site Plan Approval. The purpose of the meeting is to advise the applicant of the various Official Plan policies and Zoning By-law provisions which apply to the development. The review of these policies and provisions will assist the applicant in the design of the site such as the placement of the proposed buildings, structures and other built features before preparing the required site plan drawings. If it is identified that additional planning approvals are required before the proposed site plan could be considered for approval, staff will discuss with the applicant in determining if an application for planning approval should be submitted and considered concurrently with the site plan application. In order to determine if Site Plan Approval is applicable, and to assist the applicant in the preparation of a complete application package, Planning and Town staff will complete a checklist of what is required to constitute a complete application based on the proposed development on the subject lands. This Site Plan Approval Pre-Consultation Application can be found attached as Appendix A. 144 Town of Tillsonburg Page 4 Site Plan Approval Guidelines After the completion and submission of the Site Plan Approval Pre-Consultation Application staff will review the proposal and determine if the proposed development is: a) Exempt from Site Plan Approval; b) An Amendment to an Existing Site Plan Approval; c) A Minor Site Plan Approval application; or d) A Major Site Plan Approval application. It is anticipated that any required drawings, reports, and or studies will be identified during the above noted review. The applicant will be expected to provide such studies in conjunction with the completed Site Plan Approval application. Please be advised that the Site Plan Approval Pre-Consultation Application is provided to assist the applicant in moving forward with the proposed development. The above should not be considered an exhaustive list, as additional requirements or information may be identified through a complete review of the formal submission of all required drawings, studies, and reports. Exempt from Site Plan Approval Upon the completion and submission of the Site Plan Approval Pre-Consultation Application, Planning staff will discuss the proposal with applicable Town staff and if necessary, additional applicable agencies. Staff will review the proposal against the policies of the Official Plan, Zoning By-law and Site Plan Control Guidelines and By-law. The following shall be considered by staff when determining if the proposal should be exempt from Site Plan Control Approval: • Is the proposal for greenfield development? (Note that new development proposals will not be exempted from Site Plan Control Approval and will generally require either Minor or Major Site Plan Approval) • Does the proposed development exceed have the effect of increasing the size of the building or structure in an industrial zone by more than 30% of the gross floor area or increasing the size of the building or structure in all other zones by more than 20% of the gross floor area? (subject to the review of the proposal by the Development Coordinating Committee) • Interior renovations will generally be exempt from Site Plan Control approval, unless a change of use permit is required and the required amount of parking increases. • Are there any environmental features or constraints as identified by the Official Plan located on the subject property or within the immediate area? • Does the extent or scale of the development proposal suggest that a professional Engineer or other professional(s) be retained to review the development proposal? • Do existing site conditions complicate the development (i.e. topography, slopes, previous hazardous uses)? • Does the proposed development conform to the Zoning By-law, Official Plan or any agreements, or are there property standards complaints, open storage problems, outstanding stop work orders, or other matters of Municipal interest? • Are there any obvious parking, loading or access problems? • Are there any obvious drainage or storm water management problems/concerns? • Are there requirements for internal/external servicing improvements, construction or road works? • Is the proposed development compatible with the surrounding area in terms of conceptual massing/design? 145 Town of Tillsonburg Site Plan Approval Guidelines Page 5 • Would any traffic hazards and other safety issues result from the development? • Would the proposed development result in land use conflict/compatibility concerns? • Is the property subject to an existing Site Plan and/or Agreement? • Has Council requested a full review of the site? Within two to three business days of submission of the Site Plan Approval Pre-Consultation Application, staff will determine if the proposed development is exempt from Site Plan Approval. If exempt, a building permit application may be submitted for approval. If the Town has determined that the proposed development is not exempt from Site Plan Approval, then the landowner must submit either a Minor, Major or Site Plan Amendment Approval Application. Minor Site Plan Approval Application (Time 7 business days) Minor Site Plan Approval applications can be required for minor development proposals such as a change of use of an existing building, building additions, or by means of the provisions of the Zoning By-law. The Owner of the subject lands shall submit a detailed drawing of the subject lands which illustrates the proposed development including all necessary other drawings/reports/studies as identified through the Pre-Consultation application. If during the site plan review stage it is determined that the proposed development requires changes to an approved grading plan, or may have off-site impacts than the application will be then considered a Major application and additional fees shall be required. The drawing(s) must be prepared by a professional as indicated as per the Pre-Consultation Application. It must also be prepared to scale and in metric format, and shall include the following information: • Registered Property owner, signature and date, • Legal Description and Roll Number, • Brief statement explaining the proposed development, • Scale, north arrow, and clearly legible labeling, • Property limits and dimensions which coincide with a survey or assessment records, • Location and footprint of all buildings and structures on the subject property, • Identification of all surrounding uses, including distances and locations of all adjacent structures on all adjacent properties, • Access locations, • Delineation of asphalt, grassed, and graveled areas, • Existing on-site drainage, including drainage swales or catch basins, • Location of all signs and lighting, • Location of any nearby hydrants, utility poles or other services for the property or surrounding area, • Landscaping (trees, shrub beds, berms, swales), • Site statistics including: - Property Area - Percentage of the property which is developed - Area of site covered by buildings - Gross floor area of all buildings - Number of parking spaces and loading spaces - Percentage of the site which is landscaped 146 Town of Tillsonburg Page 6 Site Plan Approval Guidelines Upon submission of the complete Minor Site Plan Approval application and all required drawings/reports/studies, the application will be circulated to various Town staff and other applicable agencies for comment. Comments will be forwarded to the applicant within 7 business days. The applicant will be required to address all concerns prior to approval being granted. Under the Minor Site Plan Approval process, a Site Plan Agreement or Undertaking is required. The Agreement or Undertaking will be drafted by Town staff, signed by the Director of Operations and Chief Administrative Officer and forwarded to the owner of the lands for signature. The Agreement must be registered on title of the subject lands, and provide the Town with documentation of the registration prior the issuance of a building permit. The Undertaking must be signed by all parties and then returned to the Town prior to the issuance of a building permit. Major Site Plan Approval Application (Time 20 business days) In circumstances where approval of a Major Site Plan Control Application is required, the owner will retain the services of qualified professionals to prepare computer generated plans required by staff, as noted by the Pre-Consultation application. The process for Full Site Plan Control Approval shall generally be as follows (additional details can be found in the attached checklist): • Submission of a complete set of plans and the requisite application and fee, • Review of plans by the Municipality, Agencies and appropriate professionals (20 business days), • Revisions of the plans to address concerns, • Staff approval of the Plans and preparation of the Site Plan Agreement, • Posting of Performance Securities based upon the Cost Estimate of all outside works, • Execution of the Site Plan Agreement by the Town and the owner. • Site Plan Agreement is registered on title of the subject lands and proof of registration is provided, • Clearance to the Building Department and commencement of the Building Permit process. Site Plan Amendment Application (Time 10 business days) Development proposals for lands which are already subject to an existing Site Plan Agreement or approved site plan that proposes a major addition or alteration will be processed in accordance with the Town’s Major Site Plan Application process unless otherwise noted by the County Development Planner, in consultation with the Manager of Engineering and Chief Building Official. Subsequent to Site Plan Approval Pre-Consultation, the Town and County staff will utilize the following criteria to determine whether a development proposal is considered major and therefore requires an amendment to the existing Site Plan Agreement: • An addition or alteration to a building or structure on a property that has the effect of increasing the size of the building or structure in an industrial zone by more than 30% of the gross floor area or increasing the size of the building or structure in all other zones by more than 20% of the gross floor area, subject to the review of the proposal by the Development Coordinating Committee. 147 Town of Tillsonburg Site Plan Approval Guidelines Page 7 Site Plan Approval Application Submission The Site Plan Approval process is initiated by submitting a completed Amendment, Minor or Major Site Plan Approval application, all required drawings, reports and studies, and the required fee to the Town of Tillsonburg Customer Service Centre or the County of Oxford Community Planning Office. The Site Plan Approval application form can be found in Appendix ‘B’ of this document. Additional application forms are available at the local Town office, the Oxford County Community Planning Office, and online on the Town and County websites. The required application fee must accompany the completed application. The applicable application fee is contained within the Town’s Rates and Fees By-Law, as amended. Please note that the fee is payable to the Town of Tillsonburg. For information regarding the application fee please contact the Town of Tillsonburg at 519-842-9200 ext. 2222, or online on the County’s Community Planning Office website or the Town of Tillsonburg website. A checklist of complete application submission requirements are contained with the Site Plan Approval application form (Appendix ‘B’). Please note that applications will not be circulated unless deemed to be complete by the County Development Planner. County, Town and Agency Review The County Development Planner will review the initial submission and forward to Town staff. Town staff will circulate the application to the appropriate agencies for review and comment. The site plan application will be circulated to the following public agencies, as required: • Town staff including, , Chief Building Official, Fire Chief, Director of Operations, Manager of Engineering, Director of Recreation, Culture and Parks, Town Water Foreman, Town Development Commissioner, Town Utility Manager & Tillsonburg Hydro staff; • County of Oxford Community Planning Office; • County of Oxford Public Works Department; • Applicable local utility companies; • County of Oxford Public Health and Emergency Services Department, if required; • County or Town Accessibility Advisory Committee, if required; • Long Point Region Conservation Authority, if required. • Ministry of Transportation (MTO), Ministry of Natural Resources (MNR), Ministry of Environment (MOE), Rail Company, etc, if required. Other agencies, including Provincial Ministries, may be circulated depending on the location and scope of the application. The applicant will be notified, in writing, if the circulated agencies require revisions of the site plan drawings or if additional information is required. Site Plan Meeting, Review and Resubmission of Plans The applicant will receive an acknowledgement letter, recognizing receipt of the application. If necessary, a site plan meeting will be scheduled with the applicant, the Development Coordinating Committee, and if necessary, circulated agencies to review the application and agency comments. This meeting shall generally be held once all of the comments from all applicable departments/agencies have been received. Once all requested comments have been received, the County Development Planner will consolidate all comments and concerns into a formal response, and forward them to the 148 Town of Tillsonburg Page 8 Site Plan Approval Guidelines applicant requesting required revisions. If requested, the Development Coordinating Committee will meet with the applicant in order to discuss concerns regarding the proposed development and to clarify requirements. Any subsequent site plan resubmission shall include a letter from the applicant stating in bullet form how they have addressed each of the concerns/comments in the formal response from the County Development Planner. Public and Town Council Information/Consultation At the discretion of Town Staff, or where necessary as a requirement of the Town Zoning By- law, the applicant may be required to hold a public information/consultation session in order to advise the public of the proposed development. The public information/consultation session is to be conducted at the expense of the applicant, at a time and location to the satisfaction of the Town of Tillsonburg. A public notice sign will be erected on the subject lands advising of the public meeting. Written notification will also be circulated to neighbouring property owners with 120 m. Further, Town Council may require the proposed development to be brought forward to a Town Council meeting for information. Final Approval For the purposes of Site Plan Approval, in accordance with Subsection 41(13)(b) of the Planning Act and stated by By-law 4151 of the Corporation of the Town of Tillsonburg, the authority to approve plans and drawings required for any site plan control area in the Town has been delegated to the County Development Planner and the Town’s Chief Administrative Officer. Upon receipt of the final plans, Town staff will prepare the Site Plan Agreement or Undertaking. The approved plans and documents will be noted in the Site Plan Agreement. Agreement or Undertaking Execution Once the Site Plan Agreement or Undertaking has been prepared, the following steps will be taken: • Town staff will have the Site Plan Agreement or Undertaking signed by Town Officials; • Town staff will advise the applicant the Site Plan Agreement or Undertaking has been approved and signed by the Town. • The Applicant will provide the required security amount, if applicable; • Upon receipt of the security, the Town will release the signed Agreement to the applicant for signature; • The Agreement must be registered on title prior to the issuance of a building permit, the applicant must have this completed and provide documentation to the Town; • Once the Site Plan Agreement has been signed by all parties, the Town has received all performance securities, and the applicant has provided documentation that the site plan agreement has been registered on title of the subject lands, Town staff shall advise the Chief Building Official that a building permit can be issued. • 149 Town of Tillsonburg Site Plan Approval Guidelines Page 9 Building Permit Construction of buildings or structures cannot commence until the Undertaking has been signed or the Site Plan Agreement has been signed by all parties, registered on title, and all performance securities have been received by the Town. Town staff will notify the Chief Building Official when the Undertaking has been signed or the executed Agreement has been registered on title, and the required performance securities have been received. The applicant may then be issued a building permit. Post-construction All of the works required by the Agreement or Undertaking shall be completed within three years of the date of building permit issuance, or one year of the date of approval of the site plan if no building permit is required, unless otherwise approved by the Development Coordinating Committee and specified in the Site Plan Agreement. In anticipation of construction taking longer than three years to complete, the applicant shall provide written correspondence to the attention of the County Development Planner advising: a) When the approved development will be completed; b) What is remaining to be constructed/installed; c) Why the approved development has not been constructed within the three year period. Upon completion of all site works, the applicant may request the return of all performance securities. The applicant must provide the Town of Tillsonburg written confirmation from the consulting Engineer that all site works have been completed as per the Agreement and all approved stamped drawings. The applicant may be required to provide any professional reports or ‘as-built’ drawings to confirm the completion of works such as final grading and stormwater management facilities on the subject property, prior to the return of any applicable Performance Security. The Manager of Engineering and the Chief Building Official will undertake a final site inspection of the development to ensure construction conforms to the approved stamped drawings, after which they will advise the Director of Finance in writing that all site works have been completed and that the Performance Security can be released; Partial Release of Performance Securities Performance securities held by the Town may be released in stages as development progresses to the satisfaction of the Manager of Engineering, and Chief Building Official. Prior to the release of partial performance securities the applicant must provide the Town of Tillsonburg written confirmation from the consulting Engineer that certain site works have been completed as per the Agreement and all approved stamped drawings. These performance security reductions are dealt with on a request basis. The applicant will be required to complete the necessary Release of Performance Securities form. The applicant will be notified within fifteen (15) days of submission of the above if the Town is satisfied to release the held performance securities. The applicant may be required (at their expense) to provide any professional reports (usually in the form of an Engineer’s Certificate) or ‘as-built’ drawings to confirm the completion of works such as final grading and stormwater management facilities on the subject property, prior to the return of any requested partial Performance Security. If the work required by the Agreement is not completed as required in the Agreement, the 150 Town of Tillsonburg Page 10 Site Plan Approval Guidelines performance securities or portion thereof will be retained until the deficiencies are remedied. Upon failure of the Developer/Owner(s) to remedy the situation to the satisfaction of the Town, the Town may choose to cash and/or draw upon the Performance Security. If any elements of the works have been constructed contrary to the Agreement, revised plans shall be submitted by the consulting Engineer detailing the changes which have been made and the reasons behind the changes. The Town will review the changes to determine if they are acceptable and whether or not an Amendment to the Site Plan is required. If the changes are acceptable and no Amendment is required, the Town will then inspect the site to determine whether or not a reduction in the Performance Security is justified.If the changes are not acceptable, or if an Amendment is required to reflect the changes, no reduction in the Performance Security respecting the changes can occur until all relevant Departments/Agencies have approved the changes, or portion thereof, to have the deficiencies corrected. The Manager of Engineering and the Chief Building Official will undertake a site inspection of the development to ensure construction conforms to the approved stamped drawings, after which they will advise the Director of Finance in writing that the noted site works have been completed and that an applicable portion of the Performance Security can be released. In all instances, the municipality will retain a portion of the Performance Security (10%) until one year after all works have been completed. This is to ensure performance security against deficiencies, which may occur within that year. Release of Performance Securities for Landscaping Performance securities held by the Town for landscaping purposes will be held until June following the end of the first growing season to ensure all installed landscaping has survived the winter and is healthy. Drawing Upon the Performance Security – Failure to Complete Works In the event of any failure by the Owner to carry out any provisions of the Agreement, the determination of which shall be at the sole discretion of the Chief Administrative Officer and/or the Director of Operations, the Town may provide Notice to the Owner of the nature of the failure. Such Notice may provide that the Director of Finance will cash any Performance Security held by the Town. If the Owner fails to remedy any failure of which it has been notified pursuant to this Agreement within twenty-one (21) business days after Notice by the Chief Administrative Officer, the Town shall have the full authority, power and right to enter upon the Lands to employ such workmen and to use such equipment and machinery as is deemed, in the sole discretion of the Town, to be necessary to complete and perform any work that is required to remedy the failure. In the event of its failure to carry out any provisions of the Agreement and in the event such failure is deemed by the Chief Administrative Officer, in his or her sole discretion, to create an emergency in which the safety of the public may be affected, then in such case or cases the Town shall have the full authority, power and right to enter upon the Lands to employ such workmen and to use such equipment and machinery as is deemed in the sole discretion of the Town necessary to remedy the failure without any notice to the Owner. In the event costs are incurred by the Town in performing the works or services required to be affected or deemed by the Town to be necessary pursuant to this Agreement, the Owner will forthwith pay such costs to the Town, upon demand therefore. In the event of failure by the 151 Town of Tillsonburg Site Plan Approval Guidelines Page 11 Owner to pay such costs within thirty (30) business days of receiving Notice thereof from the Town, the Town shall have the right to recover such costs by drawing upon the Performance Security. In the event the costs incurred exceed the amount of the Performance Security, the Town shall have the right to recover such incurred costs by legal action or in like manner and with the same priority as municipal taxes. The Performance Security may also be used to remedy deficiencies and/or damages within the road allowance relating to the completion of development of the subject lands. Up to ninety percent (90%) of any Performance Security provided to the Town by the Owner may be returned by the Town to the Owner without interest when the Works required by the terms and provisions of this Agreement have been completed by, and at the expense of, the Owner to the satisfaction of the Town. Any reduction in Performance Security will not occur prior to a written request by the Owner and a recommendation by the Chief Building Official and Manager of Engineering to the Director of Finance that such reduction be permitted. A maximum of ten percent (10%) of the initial Performance Security provided to the Town by the Owner shall be retained by the Town for a minimum period of one year (commencing on the day that ninety percent (90%) of a deposit has been returned to the Owner) as a guarantee against any defects that may occur with regard to any building, structure or work effected by the Owner or on the Lands pursuant to the terms of this Agreement and these funds may be used by the Town to pay the expense of rectifying or remedying any such defect. If, after the expiry of this one-year guarantee period, no outstanding defects are found that relate to the Lands or to any of the buildings, structures or works in or on the lands, the Performance Security remaining in the hands of the Town, shall be returned to the Owner. Appeals Under Section 41(12) of the Planning Act, if the Town does not approve a complete application within 30 business days after it has been received or the applicant is not satisfied with the any of the requirements made by the Town, including any terms of the required Site Plan Agreement, the applicant may appeal to the Ontario Municipal Board (OMB). Written notice of appeal, including the reasons for appeal and prescribed fees, must be lodged with both the OMB and the Clerk. After receipt of an appeal, the OMB will schedule a hearing and determine the matters of issue. Once the OMB has issued a decision/order, the applicant shall enter into a Site Plan Agreement with the Town to implement the OMB decision. The decision of the OMB is final and binding on all parties. Red-line Amendments All approved site plan approval drawings may be subject to minor red line amendments in accordance with the Town of Tillsonburg Site Plan Approval Guidelines, to the satisfaction of the Town of Tillsonburg, and authorized by the delegated approval authorities. The Clerk of the Town of Tillsonburg and the County of Oxford shall keep a copy of any redline amendment on file with the original agreement. Minor Corrective Amendments Minor grammatical, cross referencing or formatting amendments to the Site Plan Guidelines or the Site Plan Control By-law may be undertaken at the discretion of the delegated approval authorities, without amendment to the Site Plan Control By-law. 152 Town of Tillsonburg Page 12 Site Plan Approval Guidelines SECTION 3 - APPLICATION REQUIREMENTS Application The property owner or their authorized agent should complete the Site Plan Approval application found in Appendix ‘B’. Where an agent is making the application, the written authorization of the owner must accompany the application. If the application is being made under an agreement of purchase and sale, a copy of the agreement must be attached and will remain confidential. Drawings which accompany a site plan application are required to be submitted in standard .pdf format to planning@oxfordcounty.ca. The application must be accompanied by the required fee payable in cash or cheque made to the "Town of Tillsonburg". Fees, Performance Securities and Deposits In accordance with the Town Site Plan Control By-law 4151, an applicant may be required to provide the Town with an irrevocable, renewable letter of credit, certified cheque, or development bond to ensure satisfactory provision and maintenance of the building, structures, facilities and work approved under the site plan approval process. Fees The required application fee shall be submitted payable to the “Town of Tillsonburg.” Please refer to the Rates and Fees By-Law, as amended, for the application fee amount. Performance Securities The applicant shall provide performance securities (in the form of an irrevocable, renewable letter of credit, certified cheque, or development bond) and applicable deposits before the Town issues Site Plan Approval for the proposed development in the following manner: For all lands zoned Industrial, Commercial, Open Space or Institutional (excluding retirement homes, nursing homes, etc) On-Site Works Grading and Drainage, Seeding, Maintenance, Erosion Control, Fencing 50% Stormwater Management Facilities 100% For all lands zoned Residential or Institutional (pertaining to retirement homes, nursing homes, etc) On-Site Works Grading and Drainage, Asphalt, Curbing, Servicing, etc 100% Landscaping 100% Stormwater Management Facilities 100% The performance security required for all work proposed within a municipal or County road allowance, or on Town/County owned land, shall be at 100% of the cost estimate provided by the applicant’s consulting Engineer to the satisfaction of the Town of Tillsonburg. 153 Town of Tillsonburg Site Plan Approval Guidelines Page 13 The performance security shall also contain 1.76% net non- rebateable HST. Further to the above, the Town will not require performance securities in the event that the applicant’s submitted cost estimate (to the satisfaction of the Town Engineering Department), indicates the required performance security will not exceed $5,000.00. Also, the Town will not require performance securities relating to stormwater management in the instance where a municipally owned regional stormwater management facility has already been constructed. The amount of the performance securities required by the Town shall be listed in the Site Plan Agreement. Any construction on Town property or the use of public right of ways during construction must be first approved by the Town through the Site Plan Approval process and outlined in the Site Plan Agreement. Any construction on Town or County properties or road allowances shall require an encroachment permit prior to the commencement of any approved construction. In order to determine the amount of the performance securities required by the Town, the applicant’s consulting Engineer must complete Appendix ‘C’ – Cost Estimate of the Site Works and Services and affix his/her professional stamp. Deposits A deposit may be required for a third party peer review of site servicing, grading and storm water management, noise and vibration, and traffic impact, etc as determined by Town staff. If the collected deposit does not cover the cost of the third party review, the applicant will be required to pay for any additional/outstanding fees to the Town prior to Site Plan Approval. Alternatively, any monies from the deposit remaining after the third party review will be returned to the applicant upon Site Plan Approval. General Requirements for Drawings The completed application form shall be accompanied by a site plan drawing(s). At a minimum, the drawings used to describe the proposed development will show the site details, landscaping, services and grading. Additional separate drawings showing the landscape plan, site servicing plan, building elevations and cross section plans shall also be submitted. Ten (10) full size (maximum size of 24”x 36”) folded copies of the site plan drawing(s) are required, including digital .pdf copies of the full size drawings. These drawings shall be prepared by a qualified professional in such a manner as to permit registration at the Oxford County Land Registry Office. Please refer to the Site Plan Approval Pre-Consultation application (Appendix ‘A’) to verify the applicable professional required to prepare the Site Plan Approval drawings. Drawings Required for Stamping Once Site Plan Approval has been granted, six (6) sets of large drawings, a digital .pdf of the final plans shall be submitted to be included in the Site Plan Agreement or Undertaking. Final plans for Site Plan Approval shall be certified by the appropriate professional. The drawings and plans submitted for review must meet the requirements set out in this document. 154 Town of Tillsonburg Page 14 Site Plan Approval Guidelines Site Plan Drawing Requirements The general site plan requirements are listed in checklist format in Site Plan Approval application (Appendix ‘B’) and are required as a minimum submission for site plan approval. Further details are listed below. All submitted drawings are required to be in black and white only unless otherwise specified in these Guidelines. Also, please see the completed Site Plan Approval Pre-Consultation application for clear guidance regarding required drawings/reports/studies/etc. Building Elevation and Cross-Section Drawings Building elevation and cross section drawings are required for all commercial, industrial, institutional buildings and residential buildings containing more than four units. These drawings must include the following details: • drawing scale; • elevation and details of all facades of the building including type of surface material and paint colour schemes; • all windows, doors, openings and any mechanical equipment attached to or on the roof of the building including the dimensions of these features; • a longitudinal cross-section view through the building to the street line; and • elevations and dimensions of any signs on the building. If a freestanding sign is proposed, an insert drawing is required with the details of the sign. Design for Accessibility In accordance with the Accessibility for Ontarians with Disabilities Act, 2005 the Town aims to make all buildings accessible to persons with disabilities. This new act will be progressively implemented to replace the existing ODA. The legislation will apply to all private and public sector organizations and businesses with the release of five standards relating to accessibility with respects to goods, services, facilities, employment, accommodation and buildings. All site plans shall be required to adhere to the standards released under the Act, and any accessibility requirements of the Town Zoning By-Law and Ontario Building Code. Site plans shall incorporate design features that will make all facilities accessible. Indoor and outdoor design of facilities shall be made safe and convenient by minimizing grade changes and providing such things as disabled parking spaces, suitable curb cuts, tactile plates, ramps and hand-rails. Landscape Plan Requirements The landscape plan(s) encompasses the same area of the site plan and must include: • the location of all existing and proposed trees and/or shrubs which are to be preserved or removed. The symbol of each tree/shrub must reflect the branch spread or canopy of existing trees/shrubs and the proposed trees/shrubs at maturity; • a landscaping table listing all existing and proposed species, including common name, botanical name, quantity, size and condition at planting; • planting specifications and any required instructional drawings; and • all areas to be seeded or covered in grass sod and calculated area thereof, in addition to the percent coverage for the site. Please refer to Page 21 which lists, in detail, the Landscape Plan Guidelines. 155 Town of Tillsonburg Site Plan Approval Guidelines Page 15 Site Servicing Plan Requirements The Town of Tillsonburg’s Subdivision and Development Guidelines Design Criteria and Oxford County Design Standards are to be adhered to when designing any new developments within the Town. The guidelines can be obtained by either visiting the Town’s website or by contacting the Town of Tillsonburg Engineering Department for a copy of these guidelines. The site servicing plan must also include details of all water, sanitary sewer, storm drainage, and electricity systems. The Oxford County Design Standards are available online on the Oxford County website. Sanitary Sewer Systems The sanitary sewer features are to be designed in accordance with the Town of Tillsonburg’s Subdivision and Development Guidelines Design Criteria as well as the Provincial standards (including the Ontario Building Code) which can be found at https://www.ontario.ca/page/ministry-environment-and-climate-change and the County of Oxford standards and specifications. Please contact the County of Oxford Public Works Department at 519-539-9800 for information regarding the County standards and specifications. The following features must be illustrated on the servicing drawing. • Drainage piping - location from building to private drain connections, size and grade. • Private drain connections - existing and new, location, size and grade. • Control manholes to be located at the street line on private property. • All manholes must show invert and finish grade elevations. • Ministry of Environment requirements - "private sewers" are to be designed generally in accordance with Guidelines for the Design of Sanitary Sewage Works, Systems, Storm Sewers (interior), Water Distribution Systems and Waste Storage Facilities. • Location and capacity of existing and proposed septic tank(s) and tile bed(s) on the property, if municipal sanitary sewers are not available. Storm Drainage Systems The storm drainage features are to be designed in accordance with the Town of Tillsonburg’s Subdivision and Development Guidelines Design Criteria and Long Point Region Conservation Authority standards and specifications. For information regarding the Conservation Authorities’ requirements, please visit the Long Point Region Conservation Authority websites at www.lprca.on.ca. For lands abutting County road allowances, storm drainage features are to be also designed in accordance with County standards. Please contact the County Public Works Department at 519-539-9800 for information on the County standards. The following features must be illustrated on the servicing drawing. • Catch basins - locations, proposed elevations for grates and inverts. • Drainage piping location and all access hole inverts and final grade elevations from building to private drain connections. • Private drain connections - existing and new, location, size and grade, drainage swales (landscaped areas) - elevations along swale, cross sections % grade (slope). • Overland flow - show flow arrows to permit ready identification of overland flow direction, show existing and proposed elevations along property lines, and key points on site and abutting properties. • Flows from adjacent properties - in the event that adjacent private properties drain onto the site being developed, the storm drainage system is to be designed to prevent storm water from backing up and creating a flooding or ponding condition on the adjacent property. 156 Town of Tillsonburg Page 16 Site Plan Approval Guidelines • Weeping tiles - identify how flows will be handled should weeping tiles be installed. • Dry well systems and retention systems - display such relevant detail contained in the consulting Engineer's design as will be necessary to ensure that these features are implemented by the contractor; • Sediment and erosion control measures to be implemented before and during construction and post-construction; and • Stormwater management systems and design. Depending on the site and scale of the development, a stormwater management report may be required in addition to the above servicing drawing requirements. New stormwater management ponds will require an Environmental Compliance Approval from the Ministry of Environment and Climate Change. Water Systems The water system features are to be designed in accordance with Provincial, County of Oxford and the Town of Tillsonburg’s Subdivision and Development Guidelines Design Criteria standards and specifications. The following features must be illustrated on the servicing drawing. • Location and size of all existing or proposed water pipes and mains, valves, shutoffs and blow-offs. • Location of existing and proposed fire hydrants in the vicinity which will service the development. • Location of existing and proposed private water wells on the subject property, if applicable. Electrical Systems The electrical system features are to be designed in accordance with the electrical distribution authority (Tillsonburg Hydro Inc.) and the Town of Tillsonburg’s Subdivision and Development Guidelines Design Criteria standards and specifications. The following features must be illustrated on the servicing drawing. • Transformer and vault location. • Primary, secondary and service wire and/or cable location. • Service entrance and meter location on any buildings or structures. Fire Department Access Access to buildings for emergency services as required by the Ontario Building Code, shall be shown on the site plan. Road Widening(s) and Site Triangle(s) All road widening(s) and site triangles to be dedicated to the Town and/or County are to be shown on the site plan. These lands are to be free of buildings, structures and signs. All road widening(s) and site triangles will be deeded free and clear of all legal encumbrances to the municipality. Any costs associated with the dedication of road widening(s) and site triangles are to be incurred by the applicant. 157 Town of Tillsonburg Site Plan Approval Guidelines Page 17 Easements An easement provides the right to use private land for a specific purpose. A title search prior to developing plans will identify existing easements and their specific use, size and location. In order that any municipal and utility installations traversing the site can be properly installed and maintained by the appropriate authority, municipal service easements and utility easements are required for any water mains, sanitary and storm sewers, drains, telephone, electricity, gas and cable services that traverse the site. The site plan shall show both existing easements and any easements to be granted to the Town, County or applicable utility provider. The easements shall be free of all buildings and structures. The treatment of the easement(s) including the placing of fill, vehicular access and landscaping, shall be with the approval of the Town, County or utility company to which the easement is conveyed. SECTION 4 – SITE PLAN CONTROL OBJECTIVES AND GUIDELINES Building Location and Facility Design – All Developments Location of Buildings and Facilities The objectives of site plan control for building and facility location are to demonstrate the extent to which the massing and conceptual design of new developments: • minimize conflicts with adjacent land uses; • provide a comfortable and pleasing environment for the intended uses in terms of building orientation, form and siting; • are consistent with or complimentary to existing buildings that are to be retained; • are consistent with or complimentary to existing streetscapes; • comply with Zoning By-law provisions; and • manage drainage and lot grading on the subject site and mitigate the effects of development on adjacent properties. Building Orientation Objectives for proper orientation of buildings on a development site include the following: • Where possible, buildings should reinforce the prevailing street pattern by aligning with the established building line or street edge. Buildings may be set back from or placed at an angle to the existing street edge if they are of community importance. • Where possible public views, into, through and out of a development site, should be maintained and improved. Community identity can be achieved by ensuring views of community features such as churches, heritage buildings, bodies of water, valleys, open space and bridges are preserved. • New development next to parks, open space and streets should be designed to blend with the open area. • Buildings should be oriented to maximize energy conservation. 158 Town of Tillsonburg Page 18 Site Plan Approval Guidelines Building Form The scale and character of new development should reflect the existing neighbourhood pattern and/or adjacent heritage buildings. The following features of the surrounding neighbourhood should be reflected in the new development: • building height; • ground level treatments; • ground level views; • roof treatments; • frontage widths; • continuity of street face; • facades; • scale of doors, windows and other openings; • canopies; • lighting; and • landscaping. The form created by the building should produce a sense of physical security by controlling ingress and egress as well as providing visual surveillance of all public or common areas. The applicant is encouraged to consider aesthetic characteristics of adjacent development and incorporate similar features into the design of new buildings and structures such as: • the compatibility of materials, textures and colours; and • the unique architectural details such as cornices, railings, lintels, arches, ironworks and chimneys. Parking, Driveway and Loading Facilities Guidelines – All Developments The requirements for parking surface material, space size and number, aisle and driveway widths and loading facilities are provided in Sections 5.14, 5.24 and all other applicable provisions of the Town of Tillsonburg Zoning By-law No. 3295, as amended. Parking Areas To ensure appropriate design for vehicle access and loading, all parking spaces are to be painted with lines to delineate the location and size of spaces. Consideration may be given to alternative surface materials such as cobblestone which allow precipitation to percolate into the soil, for any parking spaces provided over the minimum number required. To ensure adequate parking areas are provided that have orderly circulation and an attractive community appearance: • Delineate parking rows to confine traffic to designated parking aisles or driveways. • Minimize access to and from parking aisles along main internal driveways. • All accessible parking is to be clearly marked with signage and designed in conformity with Section 5.24.2.2 of the Town Zoning By-Law. • Clearly identify the types of designated parking areas for employees, visitors and the public. • Public parking should not conflict with shipping, loading, garbage removal or utility areas. • To ensure that parking is not the dominant visual element in the streetscape, screen 159 Town of Tillsonburg Site Plan Approval Guidelines Page 19 larger parking areas with buildings, landscaping or low walls, while still maintaining some visibility to provide public safety by means of public surveillance. Parking Space Requirements As previously mentioned, requirements for the number of parking spaces for specific types of uses and the size of spaces are set out in the Town Zoning By-law, Section 5.24. The number of parking spaces designated to accommodate persons with disabilities shall be in accordance with Section 5.24.2.2 of the Town of Tillsonburg’s Zoning By-law No. 3295. Internal Driveways To ensure proper flow of traffic: • Delineate main internal driveways with raised curbs. • Avoid lengthy straight sections and use traffic calming devices to discourage high speeds. • Ensure adequate visibility of intersecting traffic movements in the design of driveways and parking aisle intersections. • For large commercial or industrial developments, main internal driveways should be located away from building entrances in order to minimize pedestrian and vehicle conflicts. • Aisles designed for one-way or two-way circulation should be clearly marked. • Driving lanes should widen at drop-off areas near buildings. • Shall be of an appropriate slope. • Turning radii shall be provided at the end of dead-end driveways. • Show all required fire routes as per the Ontario Building Code and National Fire Code. Off-Street Loading Facilities To ensure loading facilities are effective: • Sufficient space should be provided on a property to permit delivery vehicles to make all maneuvers "off-street" away from fire routes which are to be designed to support emergency vehicles. • Separate access or internal driveways should provide access to loading facilities which abut the building to be served. • For commercial developments or other integrated development, the use of joint loading facilities to serve all or several individual businesses will be encouraged. Site Plan designs should ensure that adequate waste storage facilities and enclosures are provided to permit: • the storage of garbage and recyclable materials between collections thereby avoiding health, safety, and litter problems; • for the efficient and safe collection of garbage by collection vehicles; and • adequate separation from other land uses including residential uses. Garbage Storage Handling Areas – All Developments 160 Town of Tillsonburg Page 20 Site Plan Approval Guidelines Design Features To ensure proper design and siting of waste storage facilities include the following: • Location and accessibility – waste disposal areas should be located at the building service entrance or rear yard which can be easily accessed by the waste collection vehicle. • Collection Platform Material – a concrete pad or other structurally adequate impervious material is required to mitigate any seepage of liquid waste. • Enclosure Wall Material and Height – the enclosure should be constructed with low maintenance durable material. • Street-fronting Townhouses should have an individual waste and recycling storage area within or immediately associated with each unit. Common exterior storage facilities are not recommended and will only be permitted where the applicant demonstrates that individual storage facilities are not feasible. • Apartments – waste and recycling is to be centrally stored in specifically designed common storage facility. Snow Removal and Storage Areas – All Developments To ensure proper snow removal and storage areas, include the following: • Location of snow storage – snow storage areas should be identified on the site plan outside of a parking area, garbage storage and pedestrian access to the building. Appropriate grading shall be provided to manage snowmelt. • Design – parking areas, outdoor amenity areas, and pedestrian access ways should be designed to ensure accessibility of snow removal equipment. Access – All Developments To ensure the orderly and safe movement of traffic with minimum interference with pedestrian traffic: • the number of access driveways shall be minimized; • individual residential driveways on to arterial streets should be avoided; • access for development on a corner lot should be as far from the intersection of the two streets as possible; • where required, the site plan shall make provisions for the joint use of common driveways between abutting properties. Please note that a Traffic Impact Study may be required to be submitted as part of the Site Plan Approval application. Further, a deposit may be required to have the study peer reviewed. Pedestrian Facilities Guidelines – All Developments To ensure the provision of safe and convenient pedestrian circulation: • Install public sidewalks across the frontage of the site in accordance with the Town standards. Please review the Town of Tillsonburg’s Subdivision and Development Guidelines Design Criteria or contact the Town of Tillsonburg at 519-842-9200 for the required public sidewalk standards. • On-site walkways should join building(s), access points to parking areas, recreational 161 Town of Tillsonburg Site Plan Approval Guidelines Page 21 areas and public sidewalks. • Link building entrances to sidewalks and parking areas by means of a safe, convenient and well-lit walkway system. • Clearly identify walkways that cross vehicular lanes. • Provide continuous pedestrian walkways between entrances of units in buildings with multiple tenancies. • Increase the width of the walkway where pedestrian activity is greater, such as at building entrances • Protect pedestrian areas from vehicular intrusion with landscaping or curbs. • Minimize grade changes between the public sidewalk and private pedestrian areas. • Design pedestrian facilities for maximized accessibility from the public sidewalk to, at least, one main building entrance and one main parking area by incorporating sidewalk ramps of a proper gradient and surfacing material. Compliance with the Ontario Building Code will be required. • Recommended standards are outlined in the Built Environment Standard of the AODA. Notwithstanding the above, sidewalks shall not be required to be constructed in Restricted Industrial (MR) and General Industrial (MG) zones, unless existing sidewalk networks exist in the vicinity of the proposed development. If a sidewalk network is present within the vicinity of the proposed development, the applicant shall contact the Town Director of Operations in order to discuss required sidewalk construction and connection to the existing sidewalk network. Site Lighting Guidelines - All Developments The type, location, height, intensity and direction of lighting shall be shown on the site plan. Lighting should be kept internal to the site and not adversely affect adjacent residential properties, or adjacent public streets, which could pose a vehicular safety hazard. Illumination patterns and levels must be designed to ensure that the site is not illuminated more than necessary. The usage of LED lighting is preferred. All site lighting shall be consistent with the requirements and standards of the Institute of Electrical and Electronics Engineers (IEEE). Landscaping and Buffering Features Guidelines – All Developments Landscaping requirements, in the form of planting strips, are outlined in Section 5.25 Planting Strips of the Town of Tillsonburg’s Zoning By-law No. 3295 and must be shown on the Site Plan or if required, a separate Landscape Plan. Definitions For the purposes of these guidelines, the following definitions are applicable: "Landscaping" is comprised of deciduous and/or coniferous trees, shrubs, organic and herbaceous ground cover, berms, water courses, retaining walls, fences, outdoor furniture, and other materials or objects that may be used to enhance the function and/or aesthetics of the landscaped area. "Landscaped Open Space" - means the open unobstructed space at grade on a lot and which is suitable for the growth and maintenance of grass, flowers, bushes, trees and other landscaping and includes any surfaced walk, patio or similar area but does not include any driveway or ramp, whether surfaced or not, any curb, retaining wall, parking area or any open space beneath or within any building or structure. (Section 4.97 of the Zoning By-law 3295) 162 Town of Tillsonburg Page 22 Site Plan Approval Guidelines The following landscaping design requirements may be required on the landscape plan at the discretion of Town staff. Screening and Ornamental Plantings The two basic types of landscaping are "Screening" and "Ornamental Planting." The function of each type overlaps. Screening can also be Ornamental and vice versa. Screening and ornamental plantings can include items such as plants, hedges, walls, fences, berms and herbaceous or organic ground cover. Plant Selection Native plant species are strongly encouraged wherever feasible. The selection of landscaping and plant material shall be based on the following criteria: • Year Round and Seasonal Interest • colour, • height and shape of planting through to maturity. • Maintenance – fertilizing; pruning and watering; plants that drop large seed pods or shrubs with thorns or sharp edges shall be planted away from pedestrian walkways. • Function - wind protection, seasonal shading and vandal resistance. • Physical Conditions - proximity to buildings in terms of shadow and obstruction of sunlight; roads and vehicular access ensuring sight lines are not obstructed and salt spray and snow storage areas do not damage plantings; and municipal services and utilities ensuring root systems do not obstruct utilities above or below ground. Preservation of Existing Landscape Elements Consideration should be given to the preservation, retention and improvement of existing landscape elements such as major trees and watercourses. Tree Protection Standards - All Developments Tree preservation and protection is encouraged through careful site planning including the appropriate location of buildings, facilities and servicing. In general, when trees are to be saved in a construction area, the following recommendations have to be followed to ensure the longevity of those trees: • Where deemed necessary, a tree preservation report will be required and prepared by a qualified professional. This report shall include detailed tree inventories, assessments, discussion of alternatives and recommendations. • A snow fence or other barrier should be placed around the tree to at least the "drip line" of the tree. The “drip line” is the outer extent of branches, regardless of tree maturity. • No excavation shall be carried out within the "drip line" of trees to be preserved. Root loss must be minimal. • No heavy equipment shall be driven over the tree lawn area within the drip line, to alleviate soil compaction around the tree roots. • No soil or construction materials shall be piled within the drip line area or around the trunks of trees to be preserved. If comments or questions regarding trees to be saved should arise, the services of the Town's Parks office will be available at 519-842-9200 at any time before or during construction. 163 Town of Tillsonburg Site Plan Approval Guidelines Page 23 Grading of Storm, Surface Water & Wastewater Systems – All Developments Proper grading and disposal of storm and surface should be constructed in order to optimize: • safe, convenient and functional access for pedestrians and vehicles to all areas of the site; • preservation of the natural features of the site where feasible; • the prevention of storm water from entering the sanitary sewer system; • proper site drainage such that storm water is contained within the site and directed to an internal storm drainage system, thereby preventing drainage onto adjacent properties. All designs for the conveyance of storm and surface water are to be prepared by a qualified professional. When deemed necessary by the Town, these designs are to be certified and the drawings appropriately stamped. Storm Water Retention Systems • Flows - The flows from a development site are to be restricted to those flows that were allowed for the site in the design of the storm sewer. • Retention Systems – The Town may determine that a storm water retention system is required as a method of temporary on-site storage of storm water. The applicant will be required to have a professional engineer, who is competent in storm water management practices, submit to and have approved by the Town, the design of a storm water retention system. The approved method is to be displayed on the site plan submitted for site plan approval. Additional supporting documentation may be required. • Certification by Engineer - Upon completion of construction, the applicant will be required to have the professional engineer certify that the retention system was constructed in accordance with the approved design. • Dry Well System - If no storm sewer is available or the storm sewer cannot be extended, the Town may consider the use of a dry well system provided that the applicant provides a report from a qualified geotechnical engineer that confirms that the soils are suitable for a dry well system and that an appropriate separation can be maintained from all buildings. The Chief Building Official may also require the installation of a drain extending from the dry well to the street line for a future connection to a storm sewer. Please note that stormwater retention systems for industrial development proposals may require the approval of the Ministry of Environment and Climate Change. Please contact the Town Engineering Department for more information. Waste Water Systems Sampling access holes may be required to permit monitoring by the Town and the County Public Works Department. These access holes shall be displayed specifically on the site plan and shall be located on the private drain connection(s) within the development site at the street line. Additional Guidelines for Commercial Developments In general, commercial uses can have impacts on other more sensitive land uses. New commercial uses and expanding uses must have minimal impacts on nearby sensitive land uses. 164 Town of Tillsonburg Page 24 Site Plan Approval Guidelines General Guidelines The design should meet the following objectives: • Ensure new developments are sited such that adjacent properties maintain sunlight exposure, have visual privacy, protection from the new development's lighting, noise, odour and vibration. Screen certain site elements, such as loading areas, snow storage areas, transformers, meters, garbage enclosures and roof-top mechanical equipment from public view. • Avoid building designs with large flat surfaces. Incorporate angles, differing setbacks, peaked rooflines, canopies, and coloured trim to provide interesting, attractive façade(s). • Provide safe, convenient access for persons with disabilities to all major building entrances by means of minimal grade changes, curb cuts, ramps and railings. • Provide screening and buffering between existing residential uses and new developments. Commercial Development in the Downtown Core Area Within the Downtown Core Area, locate buildings at the minimum setback line from the street and to a width equal to the maximum frontage of the property to: • Provide frequent and convenient pedestrian connections between buildings and the public sidewalk. • Provide protection for pedestrians from inclement weather with shelters, canopies and windbreaks at building entrances and along storefront facades. • Minimize the public view of off-street parking areas and servicing facilities. Commercial development within the Downtown Core Area shall reflect the recommendations and guidelines of the Central Area Design Study (2012). Additional Guidelines for Residential Development The following guidelines address residential development proposals which require Site Plan Approval. As previously mentioned, Site plan Approval is required for multi-family (medium and high density) residential types of development. General Building Orientation • Consideration should be given to locating residential buildings close to the north lot line to increase solar access to open spaces on the site. • The proposed building(s) should not excessively shade adjacent private or public property. In the case of multiple storey apartment buildings, a shadow study may be required to ensure that adjacent properties are not negatively affected by the proposed development. • The long axis of apartment buildings and multiple residential buildings should be to ensure that most of the dwelling units would receive sunlight during some part of the day. • Residential buildings exceeding 4 storeys should be sited with one of the longest walls parallel to and not more than 6.0 m (20 feet) from a driveway that can accommodate fire equipment. • Common areas and, in particular, children's play areas should be located centrally to provide visual surveillance. 165 Town of Tillsonburg Site Plan Approval Guidelines Page 25 Separation Spaces Separation spaces generally refer to the space between buildings on the same site. Setbacks refer to the space between a building and the street line or property line. Separation spaces are also required for fire protection under the Ontario Building Code. Separation spaces between buildings and property lines should address: • Sunlight - Space should be provided around dwellings to ensure the provision of daylight. New housing should be located so not to deprive existing dwellings and private outdoor spaces in the surrounding areas of adequate sunlight or daylight. • Ventilation - The space around the unit should be sufficient to permit natural ventilation of the dwelling. • Noise and Privacy - Physical separation and/or screening should be provided between the dwelling unit and adjacent users and activities to permit the occupant to enjoy rest and privacy without undue interference from external noise. Windows and entrances of a dwelling unit should be separated and/or screened from adjacent buildings and activities to permit residents to make full use of their interior living spaces. • Application of Separation Space - The minimum separation space in front of any window or opening should be applied along the full length and height of the exterior wall. Separation spaces should be free of buildings, roadways, communal parking areas and any communal amenity areas intended for active use. Private Outdoor Amenity Areas Private Outdoor Amenity Areas are intended to provide private outdoor areas directly related to the dwelling unit that can effectively extend the living area of the unit and may include landscaped open areas, patios, balconies, communal lounges, swimming pools, recreation facilities and any other areas which may be used for recreational or aesthetic purposes. Outdoor amenity areas shall not include any driveway or parking area. Private outdoor amenity areas should address: • Type of Occupancy - The amenity space should reflect the anticipated type of households that will occupy the dwelling units. • Accessibility - For ease of maintenance, an on-grade private outdoor space should be accessible from the front of the unit without requiring access through a living or dining room. A private outdoor space above grade should be easily accessible from a principle habitable room such as a living room. • Separation and Screening - Separation, in the form of distance or separation screening, between private outdoor spaces and adjacent uses should be provided. Where screening is used to provide separation between abutting privacy areas at the same grade, this screening should be at least 1.5 m (5.0 ft) high. • Parking Separation - Common parking lots should not be closer than 3.0 m (9.8 ft) to a private outdoor space and should be oriented so that headlights and fumes are not directed towards the private outdoor space by using a parallel parking arrangement or by screening with planting or fencing. Children's Play Areas All Multi-family residential development shall have an area set aside within the site for the exclusive use by children as a play area. This play area shall consider the following factors in the design: 166 Town of Tillsonburg Page 26 Site Plan Approval Guidelines • Size and Location - The area shall be located away from parking areas, driveways and garbage bins. If located adjacent to a property line, the area shall be fenced with a six-foot privacy fence. • Surface - The areas shall be level and be landscaped with grass and perimeter trees. Proximity to Railway Lines and Other Sources of Noise Applicants may be required to provide, in conjunction with site plans, an acoustical engineering study outlining on-site noise and vibration measurements, methods of evaluation, noise sources and abatement measures. New residential development which is proposed to locate in proximity to railway lines or other major sources of noise will be required to meet Provincial Noise Guidelines for residential development to ensure an acceptable acoustical environment is provided for future occupants. Where noise abatement measures are required, site plans and/or landscaping plans shall incorporate the necessary remedial measures. The applicant will be responsible for any costs associated with having the study reviewed by an independent acoustical engineer on behalf of the Town of Tillsonburg. Community Mailboxes Community mailboxes are to be located according to the following criteria: • in areas which are satisfactory to Canada Post and the Town; • in areas which reduce the potential for conflict with surrounding properties; • in areas that provide a suitable location for the temporary parking of automobiles and on a portion of the municipal road allowance which has been widened slightly to recognize the location of the mailbox; • in a visible and well lit area that provides a sense of security; and, • for townhouse developments, within a common element area that is easily accessible to all dwelling units and, preferably, protected from the natural elements. 167 APPENDIX “C” – COST ESTIMATE OF SITE WORKS AND SERVICES COST ESTIMATE OF ON-SITE WORKS AND SERVICES 1. Site grading and preparation $ 2. Paving – granular base and sub base $ 3. Paving – base and surface asphalt $ 4. Lighting (as applicable) $ 5. Fencing $ 6. Walkways $ 7. Curbing $ 8. Waterlines $ 9. Sanitary sewers $ 10. Storm sewers $ 11. Landscaping $ 12. Total of other works and services (Please list on a separate page) $ TOTAL ON-SITE WORKS AND SERVICES $ (A) TOTAL ON-SITE WORKS AND SERVICES multiplied by 50% or 100% (see page 12 for more detail) $ (B) ON-SITE STORMWATER MANAGEMENT FACILITY (AS APPLICABLE) X 100% $ COST ESTIMATE OF OFF-SITE WORKS AND SERVICES 1. Water lines and hydrants $ 2. Sanitary sewers $ 3. Storm sewers $ 4. Other works and services (Please list on a separate page) $ (C) TOTAL OFF-SITE WORKS AND SERVICES X 100% $ SUB TOTAL (A + B + C): $ 1.76% NET HST: $ LETTER OF CREDIT TOTAL: $ _________________________________________ Signature and Stamp of Professional Engineer 168 APPENDIX "D" – EXAMPLE OF LETTER OF CREDIT FORM Standard Form Letter of Credit to be supplied by the owner to the Town of Tillsonburg satisfying the requirements of a Site Plan. BANK LETTERHEAD Letter of Credit No: ___________ Total Amount: _________________________________ Date: Branch: ______________________________________ TO: THE CORPORATION OF THE TOWN OF TILLSONBURG RE: IRREVOCABLE STANDBY LETTER OF CREDIT We hereby authorize you to draw on (Financial Institution) (Address) for account of our customer,______________________________________(Name of customer) (“our Customer”) up to an aggregate amount of _______________________________________ dollars ($ __________ ) available on demand as follows: Pursuant to the request of our Customer we, the (name of bank)_____________ hereby establish and give to you this Irrevocable Standby Letter of Credit in your favour in the total amount of _________________________________________ dollars ($ __________ ) which may be drawn on by you at any time, from time to time upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have a right as between yourself and our Customer to make such demand and without recognizing any claim of our Customer, provided, however, that you are to deliver to the _________________________(Financial Institution) by facsimile transmission at such time as a written demand for payment is made upon us, a certificate signed by your Treasurer, or designate, confirming that monies drawn pursuant to this Letter of Credit are to be used to perform any outstanding obligations of our Customer to you or to ensure that any outstanding obligations of our Customer to you are performed. It is understood and agreed that the obligation of the undersigned under this Letter of Credit is an obligation to pay money only and that in no circumstances shall the undersigned be obliged to perform or cause to perform any of our Customer’s obligations to you. The amount of this Letter of Credit shall be reduced from time to time as advised by notice in writing given to us by you from time to time. It is a condition of this Irrevocable Standby Letter of Credit that it shall be deemed to be automatically extended for one year from the present or any future expiration date hereof, unless thirty (30) days prior to any such date we shall notify you in writing by Registered Mail that we elect not to consider this Irrevocable Standby Letter of Credit renewed for any such additional period. Upon receipt by you of such notice, you may draw hereunder by means of your demand accompanied by your written certification that the amounts drawn will be retained and used by you to satisfy the above obligations, and that you will release any amounts that you determine in your sole discretion are not required by you for such purposes to our Customer. Partial drawings are permitted. The Stated Amount shall be reduced by the amount of each such partial drawing. This credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision) International Chamber of Commerce Publication 600. [NAME OF BANK] Per:________________________ Name: Per:_________________________ Name: I/We have authority to bind the Bank. , 169 APPENDIX "E" – EXAMPLE OF DEVELOPMENT BOND BOND NO: AMOUNT: $ KNOW ALL MEN BY THESE PRESENTS, that , as Principal (hereinafter called the "Principal"), and The Guarantee Company of North America, as Surety (hereinafter called the "Surety"), are held and firmly bound unto the Corporation of the Town of Tillsonburg , as Obligee (hereinafter called the "Obligee"), in the amount of dollars ($ ), lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal and the Obligee have entered into an agreement entitled ‘Site Plan Agreement’ dated the day of , 20 in connection with a development located in the Town of Tillsonburg and known as (said agreement is by reference made a part hereof and is hereinafter referred to as the “Site Plan Agreement”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall perform the Site Plan Agreement in accordance with its terms and fully indemnify the Obligee from all costs and expenses which the Obligee may suffer by reason of the Principal’s failure to do so, then this obligation shall be void; otherwise, this obligation is to remain in full force and effect. PROVIDED, however, the foregoing obligation is subject to the following conditions and provisions: Whenever the Principal shall be declared by the Obligee in writing in accordance with the terms of Site Plan Agreement to be in default under the Site Plan Agreement (“Default Notice”), the Obligee shall promptly provide written notification to the Surety of the Principal’s default under the Site Plan Agreement and provide a copy of the Default Notice to the Surety. For each claim for indemnity under this bond (“Claim”), the Obligee shall provide to the Surety a written statement (“Certificate”) certifying that: • the Principal is in default under the Site Plan Agreement; and • monies claimed under this bond are to be and/or have been expended by the Obligee to remedy the default of the Principal under the Site Plan Agreement. Subject to the conditions and provisions of this bond, the Surety shall promptly indemnify the Obligee for the costs and expenses incurred by the Obligee in remedying the Principal’s default in accordance with the terms and conditions of the Site Plan Agreement. The Obligee may make multiple Claims under this bond. At the conclusion of the Obligee’s Claim(s) under this bond, the Obligee shall provide to the Surety an accounting of the amounts expended by the Obligee to remedy the Principal’s default under the Site Plan Agreement. In the event the total amount of all payments made by the Surety under this bond exceeds the amount required to indemnify the Obligee with respect to remedying the default of the Principal under the Site Plan Agreement, the Obligee shall return all excess payments to the Surety. In no event shall the Surety be liable for a greater sum than the amount specified in this bond. For greater certainty, the amount of this bond is not and shall not be deemed to be cumulative. Each payment made by the Surety under this bond shall reduce the amount of this bond by the , 170 amount of such payment. No right of action shall accrue upon or by reason hereof to or for the use or benefit of any person other than the Obligee. Upon (i) the issuance by or on behalf of the Obligee of the Certificate of Maintenance and Final Acceptance in connection with all services to be performed by the Principal under the Site Plan Agreement, and (ii) payment by the Principal of all amounts owing under the Site Plan Agreement, the Obligee shall return this bond to the Surety for termination or advise the Surety in writing that this bond is terminated [note to draft: this clause is typically customized to mirror the security return/reduction mechanism in the Site Plan Agreement] If the Surety at any time delivers at least sixty (60) days prior written notice to the Obligee and to the Principal of its intention to terminate this obligation, the Principal shall deliver to the Obligee, not less than 30 days prior to the termination of this bond, financial security in the amount of this bond in a form acceptable to the Obligee to replace this bond. If the replacement financial security is not so provided by the Principal or is not accepted by the Obligee, this bond shall remain in effect. Notices to the Surety, including Claims, are to be delivered to the Surety at its head office, currently located at Nothing in this bond shall limit the Principal’s liability to the Obligee under the Site Plan Agreement. IN TESTIMONY WHEREOF, the Principal has hereto set its hand and affixed its seal and the Surety has caused these presents to be sealed with its corporate seal duly attested by the signature of its authorized signing authority. SIGNED AND SEALED this day of , 20 , in the presence of: [name of Principal] Per: (print name and title of authorized signing officer) COMPANY NAME Per: 171 Site Plan Approval Pre-Consultation Building and Planning Services 10 Lisgar Avenue Tillsonburg, Ontario N4G 5A5 Tel: (519) 842-9200 Office Use Only Date Received Date Circulated File No. PART I CONTACT INFORMATION NAME ADDRESS TELEPHONE NO. Registered Owner) Home: Business: Email: Home: Applicant (if different from Owner) Business: Email: All correspondence should be sent to (check one) Owner Applicant PART II GENERAL PROPERTY DESCRIPTION Municipal Address Lot Concession Former Township Registered Plan No. Lot/Block Reference Plan No. Part 1. Address & Legal Description Page 1 Frontage Depth Area 3. What is the current use of the subject lands? 2. Particulars of Subject Lands Appendix ‘A’ 172 CONTINUED Site Plan Approval—Pre-Consultation 1. Provide a brief description of the proposal. 2. Sketch Provided? Yes No PART III PROPOSAL Page 2 PART IV ZONING & OFFICIAL PLAN INFORMATION Current Zoning Category: _____________________________________________ Current Official Plan Designation: _____________________________________________ PART V OTHER USEFUL INFORMATION 1.Provide any other useful information for consideration, including proposed construction timing 173 Exempt from Site Plan Approval Minor Site Plan Application ($275.00) Amendment to Existing Site Plan Approval ($150.00) Major Site Plan Application ($575.00) CONTINUED Site Plan Approval— Pre-Consultation Proposed development is considered: PART VI TYPE OF SITE PLAN APPLICATION REQUIRED PART VII REQUIRED SUPPORTING DRAWINGS/REPORTS/STUDIES/ETC General Plan (10 copies) To be stamped and endorsed by a professional: Minor Application: P. Eng or OLS Major Application: P. Eng. Showing dimension of subject lands, all buildings & structures, all setback information, parking space and aisle dimensions, general vegetation, etc. Please see the Site Plan Approval Guidelines for more information as what is required to be included on submitted drawings. Building Elevations (10 copies) To be stamped and endorsed by a professional: P. Eng Architect Qualified Designer Shows the proposed façade and window treatments of all sides of a proposed development, certain situations may require the provision of drawings in colour. Site Plan Agreement or Undertaking Site Plan Agreement Undertaking The Agreement or Undertaking is drafted by the Town, signed by the Town and the owner of the lands. The Agreement is to be registered on the title of the lands, or the Undertaking signed and returned to the Town prior to the issuance of a building permit. Market Impact Study (6 Copies) To be prepared by a qualified economist This report will be required to be peer reviewed. Applicant may be required to provide a $1,500.00 deposit for this peer review. Landscaping Plan (10 copies) To be stamped and endorsed by a professional: Minor Application: OALA, P. Eng or Qualified Professional Major Application: OALA or P. Eng. Shall be required for all medium and high density residential, commercial, institutional and industrial development unless other- wise noted. Fire Safety Plan (6 Copies) To be prepared to the satisfaction of the Town Fire Chief Please contact the Town Fire Chief for information as to the re- quirements of a Fire Safety Plan. Archeological Study (6 Copies) To be stamped and endorsed by a professional Archeologist This study must be sent to the Ministry of Culture for review and comment. As-Built Drawings (6 Copies) To be stamped and endorsed by a professional P. Eng Required to show all completed works. If As-Built drawing differs from the approved plans a Site Plan Amendment application may be required. Office Use Only Page 3 Building and Planning Services 174 Site Plan Approval— Pre-Consultation PART VII REQUIRED SUPPORTING DRAWINGS/REPORTS/STUDIES/ETC (continued) Grading and Drainage Plan (10 Copies) To be stamped and endorsed by a professional P. Eng Including all existing and proposed grades as well as direction arrows and percentages. See the Site Plan Approval Guide- lines for more detailed information. Servicing Plan (10 Copies) To be stamped and endorsed by a professional P. Eng Showing all existing and proposed private or municipal ser- vices, including sanitary sewer, storm sewer, water, hydro, gas, telephone, etc. See the Site Plan Approval Guidelines for more detailed information. Illumination Study (6 Copies) To be stamped and endorsed by a professional electrical Engineer or Architect. Stormwater Management Plan (6 Copies) To be stamped and endorsed by a professional P. Eng Includes a detailed description as to how stormwater is pro- posed to be directed and collected. Traffic Impact Study (6 Copies) To be stamped and endorsed by a professional P. Eng This report will be required to be peer reviewed. Applicant may be required to provide a $1,500.00 deposit for the peer review. Slope Stability Study (6 Copies) To be stamped and endorsed by a professional Geotechnical Engineer May be required to be reviewed by the LPRCA. Geotechnical Report (6 Copies) To be stamped and endorsed by a professional P. Eng May be required to be reviewed by the LPRCA. Noise & Vibration Feasibility Study (6 copies) To be stamped and endorsed by a professional P. Eng This report will be required to be peer reviewed. Applicant may be required to provide a $1,500.00 deposit for this peer review. Environmental Impact Study (6 Copies) To be stamped and endorsed by a professional P. Eng The requirement for an Environmental Impact Study shall be determined by staff from the LPRCA. Please contact Bonne Bravener at 842-4242 ext. 233 for more information. Environmental Site Assessment (6 Copies) To be stamped and endorsed by a professional P. Eng May be required to be reviewed by the LPRCA. Record of Site Condition (6 Copies) To be stamped and endorsed by a professional P. Eng May be required to be reviewed by the LPRCA. Cost Estimates (6 copies) To be stamped and endorsed by a professional P. Eng Includes the estimation of costs for items in which a security will be held by the Town. See the Site Plan Approval Guide- lines for detailed description of cost estimates. Securities To be provided in the form of Certified Cheque, Letter of Credit or Development Bond. See the Site Plan Approval Guidelines for detailed description of required Securities. Please be advised that the above comments are provided to assist you moving forward with this proposed development. The above should not be considered an exhaustive list, as additional requirements or infor- mation may be identified through a complete review of the formal submission of all required drawings, studies, and reports. Page 4 Engineering Department Environmental Compliance Approvals To be obtained from Ministry of Environment and Climate Change May be required for stormwater management ponds, watermains or sanitary sewers. 175 CONTINUED Site Plan Approval— Pre-Consultation PART VIII OTHER APPROVALS Zone Change Official Plan Amendment Minor Variance Severance/Easement/Boundary Adjustment Long Point Region Conservation Authority Approval Removal of Holding Provision (Zone Change) Union Gas Limited Bell Canada Canada Post Corporation Railway Approval Ministry of Transportation (MTO) Ministry of Environment and Climate Change ECA Ministry of Culture (MOC) Ministry of Municipal Affairs (MMA) Ministry of Natural Resources and Forestry (MNRF) Other Provincial Ministry ________________ Rogers Cable Tillsonburg Hydro Inc. Parkland Dedication/Cash-in-Lieu Cash-in-Lieu of Parking Road Widening (Town/County/MTO) Encroachment Permit Lifting of Reserve Demolition Permit Public Notification and Consultation Meeting Town Council Review Sign Permit/ Sign Variance Encroachment Agreement Other __________________________ Other __________________________ Office Use Only PART IX TOWN/COUNTY STAFF & APPLICANT SIGNATURES Prior to the Site Plan Application being approved by the Town, the following additional approvals/clearances may be required: Date: _____________ Date: _____________ Date: _____________ Date: _____________ County Development Planner __________________________ Chief Building Official:__________________________ Manager of Engineering:__________________________ Owner/Applicant: __________________________ Page 5 Please provide any comments/concerns on the next page 176 CONTINUED Site Plan Approval—Formal Consultation Office Use Only Page 6 PART X OTHER COMMENTS/CONCERNS Please provide any additional comments or concerns in the space provided below: NOTE: All of the above noted required drawings/reports/studies/etc must also be submitted in an electronic format (Adobe Acrobat .pdf). The electronic files shall be suitably named for convenient access and circulation, and submitted via an USB Key. 177 APPENDIX “B” TOWN OF TILLSONBURG SITE PLAN APPLICATION FORM FILE NO. REC'D: DATE APPLICATION CONSIDERED COMPLETE: TOWN OF TILLSONBURG SITE PLAN APPROVAL APPLICATION FORM The undersigned hereby request the Town of Tillsonburg to consider a Site Plan Control application pursuant to Section 41 of the Planning Act on the lands hereinafter described. Type of Site Plan Approval Application: Amendment to Existing Site Plan Approval Minor Site Plan Approval Application Major Site Plan Approval Application 1. BACKGROUND INFORMATION a) Applicant/Agent: Name Address City: Postal Code Contact Person E-mail: Telephone Number Fax Number b) Registered Owner: (if other than applicant) Name Address City: Postal Code Contact Person E-mail: Telephone Number Fax Number c) Solicitor: Name Address City: Postal Code Contact Person E-mail: Telephone Number Fax Number 178 Town of Tillsonburg Site Plan Approval Application Page 2 d) Location of Subject Land: Lot Number(s) Plan No. or Concession Part Number(s) Reference Plan Lot Number(s) Registered Plan Street Address (or 911 Number) The subject land is located on the side of the street between and . e) Adjacent Lands: Does the Registered Owner own any adjacent lands or lands within 120 m of the subject lands? Yes (where) _____________________ ___ No ________ f) New Development or Expansion of Existing Development If new, is any demolition of existing buildings on the site proposed? Yes ___ No Are there previous site plan or development agreements registered against these lands? Yes ___ (File no. ) No g) Existing use of Subject property h) Proposed uses of land and buildings i) Official Plan Designation Schedule “T-1” Land Use Plan Schedule “T-2” Residential Density Plan Other Schedules and Appendices If related to a recent or current Official Plan Amendment application, please indicate the: File No. Status 179 Town of Tillsonburg Site Plan Approval Application Page 3 j) Zoning By-law Existing Zoning Requested Zoning If related to a recent or current Zone Change application, please indicate the File No. Status 2. SITE INFORMATION Note: Under Parts 2(a) and 2(b) below, where the proposed dimension / feature does not meet the By-law regulation, a Minor Variance(s) or Zoning By-law Amendment will be required. A decision on the Site Plan application cannot be made without first securing approval of the required Minor Variance(s) or Zoning By-law Amendment. a) Zoning Provisions REGULATION PROPOSED by Zoning By-law 3295 Lot Frontage Lot Depth Lot Area Lot Coverage Front Yard Rear Yard Interior Side Yard Exterior Side Yard (corner lot) Landscaped Open Space (%) No. of Parking Spaces No. of Loading Spaces Width of Planting Strip Driveway Width Handicap Spaces Off-Street Parking and Loading Facilities Total number of off-street parking spaces existing: Number of off-street parking spaces proposed (include existing & proposed): Number of off-street loading facilities existing: Number of off-street loading facilities proposed (include existing & proposed): 180 Town of Tillsonburg Site Plan Approval Application Page 4 b) Proposed Building Size: Ground Floor Area of Existing Buildings(s) Ground Floor Area of Proposed Development Total Ground Floor Area (including existing & proposed) Number of Storeys proposed Building Height Proposed Total Gross Floor Area Proposed (including existing and proposed) 3. COMPLETE AS APPLICABLE Note: If the application includes a combination of residential, commercial, industrial, institutional or open space development on the same site, the applicable sections must be completed. a) Multiple Family Residential Landscaped Area m² (or ft²) Conversion or Addition to Existing Residential Buildings Yes No Amenity and/or Children's Play Area Yes No UNIT BREAKDOWN Type Number of Units Floor area of Unit Type (m² or ft²) Bachelor One-Bedroom Two-Bedroom Three-Bedroom Other Facilities provided (e.g. play facilities, underground parking, games rooms, swimming pool, etc.) b) Commercial / Industrial Uses Describe Type of Business Proposed No. of Buildings Proposed Conversion or Addition to Existing Building Yes No If yes, describe Gross Floor Area (breakdown by type of use - office area, retail, storage etc.) Seating Capacity (if applicable) Number of employees - Initially In future (5 yrs) 181 Town of Tillsonburg Site Plan Approval Application Page 5 Open Storage Required Yes No If yes, describe type, location, area m² (ft²) and buffering provided (if any) Phasing of development/construction if any If residential use proposed as part of, or accessory to commercial/industrial use, please complete Sec. 3 a). c) Institutional, Open Space or Other Uses Proposed Use No. of Beds (if applicable) Gross Floor Area by Type of Use (office, common rooms, storage, etc.) Landscaped Area m² (ft²). 182 Town of Tillsonburg Site Plan Approval Application Page 6 4. CHECKLIST TO ENSURE COMPLETE APPLICATION In order to ensure applications for Site Plan Control are complete please complete the following checklist of the information to be provided on the site plan drawing. Site plan at a maximum scale of 1:200 and a minimum scale of 1:300. All measurements must be in metric. Location/key map at a 1:2000 scale with north arrow. Applicant’s and owner’s name, address and telephone number. Project name, municipal address and legal description (Lot and Plan number). Professional stamps. Property dimensions certified by an Ontario Land Surveyor. Site Plan and Building Statistics: Zoning Category / Symbol Lot Area Lot Coverage – proposed and permitted Gross Floor Area – proposed and required Gross Leasable area (if applicable) Landscaped Open Space Area – proposed and required Paved Area Parking spaces – proposed and required Loading spaces Accessible parking spaces provided All bearings and dimensions of the property. Adjacent land uses, zoning and existing structures. Adjacent street names. Above ground utilities. Existing and proposed services. Existing municipal sidewalks. Dimensions of all buildings and structures. Building setbacks to lot lines and rights-of-way (including overhead canopies). Centre line setback of buildings from Arterial roads. Existing and proposed easements, rights-of-way and site triangles. Location and dimensions of required parking spaces, aisles & loading spaces. All vehicular entrances (widths and radii). Dimensioned landscape amenity areas. Existing and proposed grades around the perimeter of the site and critical points within site, including the base of existing trees to be preserved. Finished floor elevations of existing and proposed buildings. Retaining walls (top and bottom of wall spot elevations, material). Building entrances, including spot elevations at entrances to indicate flush thresholds,. Principle building entrance including nearest fire hydrant. Existing natural features and vegetation. Type and location of all hard surface areas – walkways, stairs, ramps. Garbage storage and handling areas. Snow removal and storage areas. Sign locations and heights. The location and turning radii for Fire and Emergency Service access route. Completed Appendix ‘C’ – Cost Estimates for Site Works and Services, if applicable. ____________________________ Signature of Owner/Applicant 183 Town of Tillsonburg Site Plan Approval Application Page 7 5. AUTHORIZATION NOTE: The property owner or the authorized agent must complete the application. Where an agent is making the application, the written authorization of the owner must be completed below. If the application is being made under an agreement of purchase and sale, a copy of the agreement must be attached and will remain confidential. Authorization of Owner(s) for Applicant/Agent to Make the Application I/We, , am/are the owner(s) of the land that is the subject of this application for site plan and I/we authorize , to make this application on my/our behalf. Signature of Owner(s) DATED 184 Town of Tillsonburg Site Plan Approval Application Page 8 5. DECLARATION: I/We, of the of (Name) (Town/City) in the of (Name of municipality) (County) (Name of County) DO SOLEMNLY DECLARE THAT: All of the statements contained in this application are true and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under Oath and by virtue of the Canada Evidence Act. Signature of Owner/Applicant DECLARED before me at the of (Town/City) (Name of municipality) in the of (County) (Name of County) this day of , 20 . A Commissioner for Taking Affidavits, etc. 185 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4152 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 27th day of November, 2017. WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on November 27th, 2017, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 27TH DAY OF NOVEMBER, 2017. READ A THIRD AND FINAL TIME AND PASSED THIS 27TH DAY OF NOVEMBER, 2017. _____________________________ DEPUTY MAYOR – Dave Beres ______________________________ TOWN CLERK – Donna Wilson 186