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TO:FROM:

REPORT TO COUNCIL

Mayor Mills and Members of GouncilRon Mills, Planner

DATE: May 28,2014

SUBJECT: Motorcycle Races/Rallies

RECOMMENDATION:

That Council receive the report of Planner Ron Mills on the two off-roadmotorcycle races/rallies planned to take place in 2014 in the Township andaccept the recommendations contained therein.

BACKGROUND:

Off Road Ontario has apparently been running races/rallies for street legalmotorcycles at two separate locations involving a number of private propertiesand public roads and unmaintained road allowances in Mulmur Township forseveral years, perhaps longer. This year, the Halton Off Road Riders Association(HORRA) is sponsoring two events, one referred to as the "Mansfield" raceinvolving the Matthews property (and others) in Concessions 718in the vicinity ofthe Boyne River, scheduled to take place on Sunday, June 1, and a second,referred to as the 'Terra Nova' race involving properties not yet identified to usand including a number of sections of Township roads and unmaintained roadallowances.

Last year and this, the latter has resulted in complaints to the Township andsince that race is to take place in August, the complainant has asked íf the raceis legal and whether it can be stopped. Several years ago, a fatality occurred atthe race held on the Matthews properly. The Township has not been formallynotified of either event and, at the time of writing this report, very few details haveyet been provided to the Township. Attached is a copy of the e-mail chain thathas resulted to date, and it includes a copy of relevant Township Official Planpolicies and zoning regulations (existing and soon to be approved), as well as acopy of a By-law passed in 1976 that "prohibits motor vehicle rallies on highwaysin the Township of Mulmur". The latest e-mail briefly outlines the situation andoffers the opinion that neither event conforms to current Township policies andrequirements.

Page 99 of 222

Given the timing of this report and the Council meeting relatíve to the 'Mansfield'race, and the lack of sufficient opportunity to obtain direction and take actions toprevent that race I have simply informed them that:

1) permission has not been sought or obtained from the Township touse unmaintained road allowances as a means of providing publicaccess to private lands where the race is being held, and;

2) permission has not been sought or obtained from the Township touse portions of any Township road allowances as part of the iacecourse.

The organizers claím to have insurance coverage in place and I have requestedproof that that is indeed the case prior to the June 1st race.

ln anticipation that the Zoning By-law up-date will be approved by the OntarioMunicipal Board before the August race, I have advised HORRA tñat they mustseek and obtain prior approval of a 'Temporary use By-law'. such a by-law mustgenerally conform to the Official Plan, it would apply for a specified period notexceeding three years (although extensions may be possible after the initialapproval period) and it would serve as a means of informing the public andseeking their input, as well as for ensuring that appropriãte controls andconditions are imposed (for example, naming the Townslrip as an additionalinsured party on their insurance policy, repairing damaged property, fences, etc.).

It should be noted that the Official Plan provides that motor vehicle racinq shallnot generally be permitted. Both the Official Plan and the up-dated ZoningÉy-lawcontemplate the possibility of a motor vehicle rally, if permitted in a Temp oraryUse By-law. lt remains to be determined whether these events could be deemedto be anything other than races and, if they involve any public highway (includingunmaintained road allowances), it would appear that tlre 1g76 By-¡¿y7 prohibiting'Rallies, given the definition of "rally in that by-law would have tó be rescinded õramended if such events were to be approved in future.

Recommendation: '

l) That Gouncil consider an application for a Temporary use By-law forthe "Terra Nova" event scheduled for August 2014, and

2) That approval of that event, as well as the appropriateness ofextending the approval to any future similar event(s) be based onpublic comment and input received and the sponsor's willingnessand ability to meet the Township's requirements and conditions ofapproval, and;

Page 100 of 222

3) That, if a Temporary use by-law for any such event is not approved,the sponsors be advised that the event must be cancelled, failingwhich enforcement actions be taken (an injunction be obtained ifnecessary) to prevent the event from taking place.

FINANCIAL IMPACT:

Some unrecoverable costs have been incurred. Enforcement actions couldprove very expensive. The cost of processing an application for atemporary use by-law would be fully recoverable from the applicant.

Respectfu I ly su bm itted,

Ron Mills, Planner ATTACHMENTS

Page 101 of 222

Ron Mills

To:Subject:

horra.info@yahoo.caMansfield nd Terra Nova events

I am the Plannerforthe Township of Mulmur. I have been asked to obtain information pertaíning to two off-road

Ontario events planned for locations in the Township of Mulmur this year, one near Mansfield on June L, and another

later on in the summer near Terra Nova.

The Township has never been informed of, or consulted with concerning either of these events and we require, at the

very least, the following information as soon as possible.

L. Thelocationoftheevent,includingtheprivatepropertiesandpropertyowners,roadsandroadallowancesinvolved (ie. a detailed and accurate proposed route map for the event), age limitations or age classes and

requirements of participa nts.

2. An accurate and detailed description of what exactly will take place and what the participants will be

required to do to complete the even!3. anticipated number of people who will assemble at the start/finish area(s), the number of participants/bikes

involved, number of vehicles to be parked, sanitation facilities to be provided, first aid and emergency

services to be provided, etc.

4. insurance coverage, including third party liability protection for the Township if any municipal property orroads, including any unmaintained municipal roads or road allowances are to be used;

5. notification to or details of planned notification to the Township and neighbouring property owners, and;

6. how compliance with Townshíp By-laws will be achieved, including compliance with the Zoning By-law, the

Noise By-law and By-law 24-L976, a by-law to prohibit motor vehicle rallies on highways in the Township,

etc. will be achieved.

Your immediate attention to this matter is required

Ron Mills I Planner

Township of Mulmur I 758070 2nd Line East I Mulmur, Ontorio LgV 0G8

Phone 705-466-3341- ext. 237 | Fox 705-466-2922 | rmills(dmulmurtownship.ca

1

Page 102 of 222

Ron Mills

To:Cc:

trinkl@rogers.com; horra.info@yahoo.capmills@mulmurtownship.ca; rcampbellmoon@mulmurtownship.ca;ehawkins@ mulmurtownship.ca; lhilchey@ mulmuftownship.ca;hhayes@ mulmurtownship.ca; Terry HornerPolicies and requirements for motor vehicle races and rallies0068_001.pdf

Subject:Attachments:

I have assembled the relevant Official Plan policies and by-law provísions respecting motorvehicle races and rallìes. Thefirst one is an old by-law that has been on the books here in Mulmur for many years. lt prohibits motor vehicle racesand rallies from taking place on municipal roads and road allowances.

The second one consists of three pages and it constitutes the current Zoníng By-law provisíons. Motor vehicle rallies arepermitted only within the Recreation zone but, as you will see, motor vehicle and motor cycle racing is still notpermitted, even in that zone. lt is also not permitted in any other zone (ie. by virtue of the fact that lands and Suildingsare permitted to be used for'other sporting activíties that rely on the natural landscape' in the Recreatíon zone onlyand NOT in any other zone). Even there, the racing of motor vehicies and motorcycles is not permitted.

The next two pages are out of the up-date to our zoning by-law which, although still under appeal, is expected to comeinto force and effect at some point in the near future. lt implements the approved policies of the Official plan (the final7 pages) and only permits such events (whether on private land and/or within municipal road allowances), if approvalof a "Temporary Use By-law" has been obtained from Council.

The event taking place this Sunday on the Matthews property (among others including two crossings of the Townshiproad allowance) is not permitted under our current zoning by-law and the use of the Township road allowance(unmaintained portions) has not been authorized by CouncÍ|. lt ca not be determined, given the information we have,whether the use could be deemed to be 'legal non-conforming".

When the new zoning requirements come into effect, the August event willvery likely be'caught' by the new rules.Therefore I would suggest that an application be made ASAP for a temporary use by-law if the August event is to bepermitted to take place. I will forward an application form to Rick separately.

ln the meantime, I have asked Rick Day, the organizer of the June l- event, to provide me with more details of thisSunday's event, including a copy of the current ínsurance policy that is in place to cover this event.

A side note - it appears that a local fire department is running a refreshment booth at the June l-'t event. Does anyoneknow, is it one of ours?

Ron Mills I PlannerTownship of Mulmur | 755070 2"d Line East I Mulmur, Ontorio LgV \GgPhone 705-466-3341 ext. 231- | Fox 705-466-2922 | rmilts@mutmurtownship.co

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Page 103 of 222

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Page 104 of 222

4.8 RECREATIONAL @E) ZOnd

No person shall within any Recreational (RE) Zone, use any land or erect, alter or use any building orstructure except in accordance with the following:

4.8.1 Permitted Uses

Ð golf course

tivities fuo';-v) One øccessory unit (2l.on,

¿^j È6'Z-u.vG apLtl9*J C:Lr'4r'J ê Í4.u"rt¡ A L/ê¿'l

F:r+,:ore .)

4.8.2 Regulations for Permitted Uses

D Minimum Lot Area

iÐ Minimum Lot Frontage

iii) Minimum Yard Requirements

a) Front Yardb) Interior Side Yardc) Exterior Side Yardd) Rear Yard

4.0ha.

150 m.

30 m.6m.

30 m.30 m.

iv) Maximum Lot Coverage s%

v) Minimum Landscaped Open Space 50%

vi) Maximum Height 10.5 m

vii) In any yard abutting a ResidentialZone a planting strip of at least 3.0 metres shall be required

4.8.3 Exceptions

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Township of Mulmur Zoning By-lawConsolidated December 8, 2005 37

Page 105 of 222

s:92

5.93

5.94

5.95

s.96

5.97

s.98

5.99

MOTOR VEHICLE R ilR GARAGE

A building or structure where the exclusive service performed or executed on motor vehicles forcompensation shall include the installation of exhaust ryrìe*, repair of the electrical system, transmission

n, rust proofing, motor vehicle diagnosticin conjunction with which there may be arentals for the convenience of the customer

ot include any other establishment otherwise defined orclassified in this By-law.

MOTOR VEHICLE SERVICE STATION

A building or structure where gasoline, propane, natural gas, oil, grease, antifreeze, tires, tubes, tireaccessories, electric light bulbs, sparkplugs, batteries and automotivelccessories for motor vehicles andnew retail goods are stored or kept for sale to the general public, or where motor vehicles may be oiled,greased or washed, or have their ignition adjusted, tiies inflaìed or batteries charged, and where mechanicalor running repairs essential to the actual operation of motor vehicles are executeã or performed. Such shallrequire public washrooms.

MUNICIPAL, DISTRICT OR PROVINCIAL MAINTENANCE AND/OR PUBLIC \ryORKS YARD

Any land, building and/or structure owned by the Corporation of the Township of Mulmur, public Utilitiesprovider or the Province of ontario and used for ihe storage, maintenancì and/or repair of material,equipment, machinery and/or motor vehicle used in connection with civic works.

NON-COMPLYING

A lot, building or structure that does not fulfill the requirements of the zone provisions for the zone in whichthe lot, building, structure is located.

NON-CONF'ORMING

An existing use or activity of any land, building or structure which does not conform with the permitted usesor activities, of this By-law for the Zone in which such existing land, building or structure is located.

NURSERY OR. GREENHOUSE, COMMERCIAL

A building or structure, and lands associated therewith, forthe growing of flowers, fruits, vegetables, plants,shrubs, trees or similar vegetation together with gardening toãls an[ implements which are sold at retailfrom such building or lot to the general public.

NURSING HOME

Any premises maintaitteci and o¡rerated for persons requiring nursing care, and which is licensed under TheNursing Homes Act, as amended.

OUTDOOR RECR,EATION AREA

OUTSIDE STORAGE

Any accessory storage outside of a principle or main building or structure on the lot.

5.100

Township of Mulmur Zoning ByJawConsolidated December g, ZOOs 55Page 106 of 222

5.101 PARK, PRMTE REC] .TIONAL

An open space or recreational area, otheÍ than a public park, operated on a commercial and/or privatemember basis, and which includes one or more of the following facilities or activities:

a) Areas for walking, riding, and cross-country skiing, but does not include the racing of animals,or snowmobiles;

b) Accessory recreational or playground areas such as picnic areas, tennis courts, lawnbowling greens,outdoor skating rinks, athletic fields;

An accessory club house or storage building of a maximum of 7 5 sq. m. , and;

Parking lots accessory to the foregoing.

c)

d)

5.102 PARK, PUBLIC

Any open space or recreational area, owned or controlled by the Corporation or by any Board, Commissionor other Authority established under any statute of the Province of Ontario and may inclgde thereinneighbourhood, community, regional and special parks or areas and may include one or more athletic fields,field houses, community cenires, bleachers, swimming pools, greenhouses, botanical gardens, zoologicalgardens, bandstands, skating rinks, tennis courts, bowling greens, bathing stations, curling rinks, refreshmentrooms, fair grounds, arenas, or similar uses.

PARKING AREA

An area or areas of land or a building or part thereof which is provided and maintained upon the same lot orlots upon which the principle use is located for the purpose of storing motor vehicles.

PARKING LOT

A parking area forming the principle use of a lot.

PARKING SPACE

An area having a minimum width of 3 metres and a minimum area of 18.5 square metres, exclusive of anyaisles, ingress or egress lanes, for the parking or storage of motor vehicles.

PATIO

5.103

5.104

5.105

5"106

5.107

A platform or surfaced area without a roof, the surface of which is not more than 0.3 metres above finishedgrade, which is designed and intended for use as an accessory to a dwelling or a commercial use.

PERSON

Any human being, association, firm, partnership, incorporated company, corporation, agent or trustee, andthe heirs, executor or other legal representatives ofa person to whom the còntext canãpply according tolaw.

PIT

Any lands where unconsolidated gravel, stone, sand, eafth, clay, fill, peat or other material is being or hasbeen removed by means of an excavation to supply materials for construction, industrial or manufãcturingpurposes, but does not include a wayside pit.

Township of Mulmur Zoning By-lawConsolidated December 8, 2005

5.108

56Page 107 of 222

entire tax exempt lot or tax exempt areas of the lot subject to the repayment of the fullamount of the taxes for a period of not more than five years as provided for herein.

The 'H' symbol shall remain in place as long as there is a tax exemption being taken, andfor five years thereafter, but the Township can make a determination as to whether thereare any taxes owing and issue approvals for the further development or use of the landwhile the 'Holding' continues to apply if:

l) the development or use does not affect the eligibility of the land for a tax exemption,or;

2) any amounts owing have been paid in full.

The 'Holding' symbol may be removed by a site-specific amendment initiated by theowner prior to five years after the lands have been removed from tax exempt status if an

amount equivalent to the exempt portion of municipal taxes taken is repaid in full.

3.35 Prohibited Developments and Uses in Wellhead Protection Areas

Notwithstanding any provision of this By-law to the contrary, no development or use ofany lot or paft of a lot within any wellhead protection area is permitted that is notpermitted in an approved Source Water Protection Plan under lhe Ontario Clean l4/aterAct.

Recreational and Uses, and S Events

Passive recreational uses which are not operated on a commercial basis or scale arepermitted in all zoues except the 'Environmental Protection' zone. Within an

"Environmental Protection" zone they may also be perrnitted provided that no permanentstructures or facilities, other than a trail, are required.

The following recreational activities, developments and uses, as well as all other uses of asimilar nature that are generaily carried out on a one-time or special event basis, may bepermitted a temporary use by-law:

. Public or colnlrercial horse riding or horse jurnping event;o Motor vehicle rally;o Turkey shoot (fundraiser);o Antique/classic vehicle or equipment show;. Ploughing rnatch;. Organized recreational or sporting competition or event not involving

Except where perrnitted by this by-law, the following new recreational activities,developments and uses, as well as all other uses of a similar nature that generally requiresome support facilities, services or structures, are open to the public or operated on a

commercial basis, and/or which generally have a low to moderate impact on the landandlor adjacent uses, may be perrnitted by site-specific amendment to this by-law:

. Public or comlnercial outdoor or indoor sports court, ice rink or swimming pool;

. an outdoor sports or playing field;

. Groomed ski trails or cross country ski centre;o Bicycle track, rnountain bike course or trails, or centre;

Page 108 of 222

Where permitted, a detached unit accessory to a principle non-residential permitted use

shall have a minimum building floor area of I l0 sg. ffi., and an apartment unit accessory

to a principle non-residential permitted use shall have a minimum building floor area of90 sq. m.

33. Section 3.31 Guest Cabins is amended by deleting the section in its entirety and

replacing it with the following:

3.31 Guest Cabins

One guest cabin for the purpose of temporarily and periodically accommodating guests ofan owner of a lot zoned "Rural" or "Rural Residential" may be permitted as an accessory

structure by amendment to this by-law provided the guest cabin is located within oradjacent to the building cluster on the lot, that it has a minimum gross floor area of notmore than 80 sq. m. and that the lot is a minimum of 1.0 ha. in size.

34. New Sections are hereby added after Section 3.31, as follows:

3.32 Small Lots to be Zoned Residential

All new residential building lots created after Jantary 1,2014 that are less than 2.0ha.in size shall be re-zoned Hamlet Residential, Estate Residential or Rural Residential, as

appropriate.

3.33 Propane Storage and Handling

Propane operators are required to define ahazard distance applicable to theirpropane operation referenced in a risk and safety management plan required underOntario Regulation 2lll01 rnade under the Technical Standards and Safety Act,2000, as amended prior to the commencement of the operation.

3.34 Tax Exempt Lands -Holding

Any lot or an area of a lot that has tax exempt status other than lots or areas of lots

already zoned "Environmental Protection (EP)" shall be placed into a 'Holding' zoning

category by the addition of an'H' symbol to the underlying zoning and all such lots or

areas of lots that have tax exempt status shall be listed by their Roll Number in Schedule

El and depicted on Schedule E2 to this by-law. The 'H' symbol shall be added to all such

new lots or areas of lots that become tax exempt in any subsequent year,by adding those

lots to Schedule E I and E2 by means of a municipally initiated amendment to this by-lawannually. Such lots or areas of lots that have not been exempted from taxation for a

period of more than five years shall be removed from Schedules El and E2 by the same

means.

No change to the lot frontage ot area, no change in use and no building or structure shall

be permitted on such lots or such areas of lots until the financial requirements of the

Township have been satisfied. Properly taxes in the full amount of the exemption taken

for previous years up to a maximum of f,rve years prior to the date the determination is

made shall be repaid to the Township for any land that, as a result of its division, a

change of use or development results in it being ineligible for tax exempt status. For thepurposes of this section, any division of the land by consent shall be deemed to render the

Page 109 of 222

56

2. Accessory buildings, structures, facilities, site modifications andrelated uses ancillary to an existing permitted principal use on thelot.

3. Archaeological activities, subject to the policies of Section 5.6;

4. Forest, fisheries and wildlife management;

5. Resourcemanagement;

6. Essential inf rastructure including public transportation,utility and public servicing infrastructure;

7. Watershed management and erosion control projects carried outor supervised by a public agency;

8. Public parks and open space uses, conservation areas, naturepreserves (ln prime agricultural areas, such uses shall beprohibited).

9. Ponds, subject to the requirements of the Nottawasaga ValleyConservation Authority and the Ministry of the Environment.

Recreational Activities and Developments

A distinction is made in this Plan between recreational activities anduses, and the facilities, buildings and other developments required toaccommodate them. For ease of reference in this section, they shall bereferred to as 'recreational activities' and 'recreational developments'respectively.

Many types of recreational activities, such as cross-country skiing orhunting, are not intended to be regulated by the Township, although theymay be regulated by other agenc-ies. However, developments associatedwith these activities and uses such as, for example, a cross-country skicentre offering groomed trails, or a shooting range or hunt club, areintended to be regulated by the Township.

Recreation activities and developments contemplated in this section ofthe Plan are not intended to be permitted in some designations, wherethe establishment of the use, or the development or site alterationnecessary to support the use would not otherwise be in conformity withthe provisions of this Plan. The establishment of a recreational use inany other land use designation must conform to the specific provisions ofthe applicable designation and to the other General Provisions of thisPlan, and to that extent, where there may be a conflict, the policies of

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Page 110 of 222

57

those other sections shall prevail.

For the purposes of this Plan, recreational developments have beenplaced into one of three distinct categories; passive, active andintensive, according to the level of development and site alterationrequired to support the recreational activity and their relative potential forimpacts on the land and/or on adjacent uses.

Many activities cannot be carried out without supporling facilíties andstructures andlor site alterations. However, some activities requiring littleor no supporting infrastructure may still have a significant potential forimpacts. For this reason, some types of recreational developments havebeen elevated to a higher level of intensity in Table 1 (ie. from passive toactive or from active to intensive), and some recreational activities withthe potential to have significant impacts on the land and/or adjacent useshave also been listed, so that they may be appropriately regulated andcontrolled.

Passive recreational developments and associated activities generallyhave little or no impact on the land and surrounding uses. They do notgenerally require significant support facilities or structures.

Active recreational developments and associated activities often requiresome support facilities or structures and are generally considered tohave a low to moderate impact on the land and/or adjacent uses.

lntensive recreational developments and associated activities generallyrequire significant support facilities and structures, and/or generally havea moderate to high potentialfor impact on the land and/or adjacent uses.

ïhe classificatíon of various types of recreational developments andactivities are as shown in Table 1.

Passive recreational developments and associated activities aregenerally permitted throughout the Township and are not generallyintended to be regulated by the Township, provided they are notoperated on a commercial basis or scale.

Active and intensive recreational developments and associated activitiesare intended to be regulated by the Township. where such uses alreadyexist, they may be recognized on the Schedules to this Plan, andlorpermitted by the underlying designation on the land, and/or be existing,legal non-conforming uses.

Page 111 of 222

58

TABLE 1: GLASSIFICATION OF RECREATIONAL DEVELOPMENTS

Passive

Walking/hiking trails

Private indoor or outdoorswimming pool

X-country skitrails

Fitness trail

Private tennis court

Snowmobiling andsnowmobile trails

Private outdoor rink, courtor playing field

Private horse riding trails

Privale horse jumping rings

Active

Public or commercialoutdoor court sports, fieldsports or ice sportsfacilities or swimming pool

Groomed skitrails orcross-country ski centre

Mini-golf or driving range

Bicycle track, mountain biketrails or centre

Outdoor education centre

Children's day camp

Outdoor running track

Archery range

Fishing camp or club

Recreationalday camp

Hunt camp or club

Running track

Commercial horse ridingor horse jumping facility

Horse riding / horsejumping events **

Motor vehicle rally **

lntensive

Downhill ski resort or club

Residentialcamp

Fitness centre *

Golf Course

Gymnasium *

lndoor sports court *

Skeet shootingrifle or gun range

Campground

Trailer or RV park

Painlball or paintballRange

Auto racing or race track

Public or commercial motorcycleor ATV riding or racing, race courseor trail

lndoor ice sports facility,arena, curling rink -

* May be permitted by an amendment to the Zoning By-law** May be permitted by a Temporary Use By-law

Page 112 of 222

59

New intensive recreational developments and associated activities shallgenerally be encouraged to locate within Settlement Areas (where theyare oriented toward and serve a local community) or in the MansfieldNorth Recreation Area (where they are oriented toward the land or abroader recreational or tourism market).

Such uses may, however, also be appropriate at other locations in theTownship (generally outside of areas desiEnated Agricultural butincluding Natural Areas, subject to the Natural Heritage Features andNatural Hazards policies of this Plan), provided adequate justification isprovided and the applicable provisions of this Plan and the NiagaraEscarpment Plan are satisfied. ln prime agricultural areas, such usesshall generally be discouraged and, if proposed, must also satisfy theapplicable provisions in Section 5.9 of this Plan.

Additional policies may be incorporated by amendment to this Plan toappropriately regulate uses established by amendment to this Plan, andadditional requirements may be included in the Zoning By-law, wheresuch uses require re-zoning, as follows:

Except where already permitted in the Zoning By-law, all new activerecreational developments and associated activities, whether operatedon a public, commercial, private club, or private landowner use onlybasis, may be permitted in settlement areas and rural areas of theTownship by amendment to the Zoning By-law.

Except where uses already exist, or are permitted by this Plan subjectonly to the approval of an amendment to the Zoning By-law, intensiverecreational developments and associated activities, whetherestablished or operated on a public commercial basis, as private clubs oras organized activities or developments on private lands, may bepermitted in settlement areas and rural areas of the Township only byamendment to both this Plan and the Zoning By-law.

Organized rallies involving motorized vehicles and organized eventssuch as major horse riding or jumping competitions, may be permitted onpublic roads or lands, and/or on þrivate lands, following public notice and

quiet and rural character of the Township is not significantly affected.

Accommodation facilities may be permitted as accessory uses toprincipal permitted recreational developments or activities, byamendment to this Plan where the development or activity served by theaccommodation facility also requires an amendment to this Plan, and/orby amendment to the Zoning By-law, in all other situations where theaccommodation facility serves a recreational use and is permitted by this

Page 113 of 222

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Plan

An official Plan amendment shall be required where the predominantuse of accommodation facilities does not relate directly to the principalrecreational uses permitted on the same lot. Such developments ashotels, motels, health spas, conference centres and similarestablishments shall therefore require an amendment to this plan, aswell as the Zoning By-law. only those uses that are provided for underthe Provincial Policy statement and the Growth plan for the GreaterGolden Horseshoe for rural areas will be considered. Justificationsatisfactory to the Township and the Ministry of Municipal Affairs shall berequired and provided.

Active and intensive recreational developments shall be subject to siteplan control, unless specifically exempted from the Township's site planControl By-law.

New recreational developments and related activities should be located,designed and carried out so as not to conflict with surrounding landuses, and to be compatible with the natural, rural and cultural characterof the area in which they are located. Recreational uses should notexceed the capacity of a site or area to accommodate the use on asustainable basis.

All recreational uses shall be supported by adequate levels and types offacilities and services necessary to support the maximum anticipated ormandated level of use, including safe access and off-road parking,signage, sanitary and waste disposal facilities and coilection wherewarranted. Public health and safety, and fire safety shall be ensured andfirst aid and emergency services shall be provided where necessary.

Trails shall be located and designed so as not to adversely affectadjoining private landowners. Trails shall generaily be located anddesigned to avoid steep slopes, wetlands, erosion-prone soils, andecologically sensitive areas, and significant plant and animal habitats.where existing trails are in locations that cause environmentaldeterioration, relocations to a less critical location shall be encouraged.Trail design, construction and management should ensure the safety oftrail users.

Recreational uses shall not be permitted in prime agricultural areas.Recreational uses may not be permitted in areas where significantnatural resources or features or important scenic features exist, unless ithas been demonstrated through appropriate studies that the impacts onthe resources or features are minimal and acceptable andlor can beappropriately mitigated. within the Mansfield North Recreation Area,

Page 114 of 222

61,

recreat¡onal, recreation-related and even recreation-related residentialdevelopments may be considered to contribute positively to thecharacter of this area.

All proposals for new active and intensive recreational uses shall besupported by appropriate technical background studies, as deemednecessary by the Township, addressing such matters as impacts onsurface and groundwater resources, traffic impacts, land usecompatibility issues and the preservation of rural character. Unlessspecifically exempted, all recreational uses shall be subject to therequirements and penalties outlined in the Township's Noise By-law.

Where permitted, golf courses shall be designed and maintained tominimize impacts on the natural and physical environment. TheTownship shall encourage proponents to develop and operate all newgolf courses in accordance with the current Audubon lnternationalManual for Naturalizing Golf Courses.

The recreational operation of motorized vehicles such as snowmobiles,all terrain vehicles, etc. on private lands, with the permission of thelandowner, and on established trails, with the permission of theresponsible trail organization and the landowner, is permitted, subject toapplicable Provincial Statutes and the provisions of the Township'sNoise By-law and Zoning By-law.

The operation of snowmobiles on Township roads and road allowancesis permitted subject to applicable Provincial Statutes and the provisionsof the Township's Noise By-law.

The operation of motorized recreational vehicles on Township roads androad allowances may be prohibited, or permitted subject to applicableProvincial Statutes, the policies of this Plan and the regulations of theTownship's Zoning By-law, and the provisions of the Township's NoiseBy-law.

The development of facilities for the organized or competitive racing ofall types of motorized vehicles, and the racin of motorizedwhether on a com oraso z events out on

or nvate land sh n ral be rm

The Zoning By-law may contain provisions for recreational activitiesinvolving vehicles carried out on private lands, including set-backs fromsensitive uses, and to ensure compliance with the Township's Noise By-law. Regulations may also be introduced to appropriately control suchactivities on a case-by-case basis, by amendment to the Zoning By-law'

Page 115 of 222

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Game hunting preserves where game animals, whether defined aslivestock, indigenous or exotic animals by the Township's Exotic AnimalsBy-law, are kept in enclosed or confined areas and hunted, whether on acommercial basis or as private uses, and related facilities, includingfencing which is out of character with the rural area by virtue of itsconstruction (chain link, barbed wire) or its height (generally more than1.5 m.), shall not be permitted.

Many recreational activities and recreational developments within theNiagara Escarpment Plan Area are also regulated by the NiagaraEscarpment Plan. Where there is a conflict between this Plan and theNiagara Escarpment Plan, the Niagara Escarpment Plan shall prevail. ADevelopment Permit and/or an amendment to the Niagara EscarpmentPlan may be required for some recreational developments and usesproposed within the Niagara Escarpment Plan Area.

The Zoning By-law shall make a further distinction between recreationaldevelopments and related activities that are considered passive, activeand intensive and may permit such uses as are deemed appropriate forvarious zones, in accordance with this Plan.

Recreational developments not specifically included in Table 1 shall becategorized according to their similarity with other listed developmentsand their relative potential for impact on the land and on adjacent uses.The Township shall determine, on a case-by-case basis consistent withthe above provisions and the policies of the designation in which anyother development or activity is proposed, if the proposal is appropriateand whether an amendment to this Plan and/or the Zoning By-law is

required.

Recreational developments, activities and uses that are similar, orcomparable to those classified as passive, which do not have asignificant or long{erm impact on the land, or on adjacent uses, aregenerally permitted throughout the Township, with the exception ofstructural developments such as swimming pools and tennis coutls in aNatural Area designation.

5.40 Garden Suites

A one-unit detached residential structure containing bathroom andkitchen facilities that is ancillary to an existing residential structure on alot and that is designed to be portable, known as a garden suite, may bepermitted as a temporary use in any designation permitting a singledetached dwelling other than an Escarpment Rural, EscarpmentProtection or Escarpment Natural designation, by amendment to theZoning By-law. Any by-law passed by the Township authorizing a garden

Page 116 of 222

INSURANCE'\

ÛII/IS¡Ot.l ûF J(]N[S BR0lv¡l II.I(.

MOTORSPORT INSURANCELOSS CONTROT MANUAL

480 UniversityAvenue. Suite 1.100. Toronto,Ontario. MSG 1V2

Phone: 888.37 9.6821 . Fax: 4L6.408.45L7 . www.jbmotorsportinsurance.ca

Page 117 of 222

$ f{olr:r.,;¡ ins¡rranco Loss Con!:rol Mlnual 201.1- üan:rd*'Do<x | 2

TABLE OF CONTENTS

WAIVERAND RELEASEGu idel in es fo r Wa îver Reg ßtration

aJ

INCIDENT HANDLING GUIDELINES

4

MOTORSPORTS INCIDENT FORM INFORMATION AND GUIDELINES

5

LOSS CONTROLEmerg en cy Bva c uqtio n Gu Îdeline s

6

WALKTHROUGHS AT MOTO RSPORTS TRACKS

7

MOTORSPORTS TRACK INCIDENT REPORT

I

WAIVERS

I

. EOnùâ'PO¡ll,l¡tr¡,1,Page 118 of 222

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WAIVER AND RELEASEG uid elíne s for Waiver Reg istrati on

IT IS A REQUIREMENT OF YOUR INSURANCE COVERAGE THAT ALL PERSONS ENTERING A RESTRICTED AREA READ, COMPLETE AND SIGN

THE WAIVER AND R.ELEASE.

PLEASE FOLLOW THESE INSTRUCTIONS TO MAINTAIN VALID INSURANCE. THE FAILURE TO IMPLEMENT A WAIVER AND RELEASE

SYSTEM WILL NEGATE CERTAIN IMPORTANT INSURANCE COVERAGE.

1. USE ONLY T{EI.E.ASE FO[IMS PROVIDED BY YOUR INSUR.I\NCE COMPANY

2, KEEP TIID ENTIRE RELEASE IN VIEW OF SIGNEI{S

Don't fold forms over the cìipboard! This makes it more difficult for entrants to claim they could not read it, or were not permitted toread the release before they sign iL

3, I'ANDI,E Á.i,t, FII,E RIÌI,EASIÌS WITI.T CARE

Check to be sure every release sheet is signed and dated. Don't fold them when filing. Use legal size folder. Don't mark anything on

tle releases, make notes on releases, or highlight names.

+. tII\VE TI]E SAME PEOPI.I T¡1\NDt,[ SIGN-INS AT AI,I., EVENTS

They will become more consistent in handling releases. Be sure pit gate personnel sign and date each complete sheet'

.5, BI SURI Pru GATE IS MANNIÐ TI.¡OUGII ENTIRE R/ICE MIITJT

Do not allow security or pit booth personnel to go off duty before the event is complete,

6. Rn SURI PIT c I'E STAFF KNOWS W]tÁT T0 Ttil,t, PIi-RSONS ASKÍ NG Wil^T TIIEY lrRE SIGNING

Suggestion: "This is a release and waiver of liability, It means you are entering a restricted area at your own risk, and accept totalresponsibility for anything that may happen to you,"

7. RHQI.,IIRH AI,I, PHRSONS'I'O COMF;TO PI'I WINDOW AND SIGN RHÍ,F]AStJ

Never pass clipboards into vehicles to be signed. Never allow any person to sign for others. Make sure everyone signs and printshis/her full name.

B. Rti suRIi EVERYONA IIN'IERING PI'IS/RFìSTRICTID ARnAS SIGNS l\ REI.IASE

Include employees, press, guests, sponsors, drivers, crew/team members,

9, DO AVERYTIIING \'OU CAN TO ßE SURI EVERYONE KNOWS TIITÌY ARE SIGNING A RALEASil

Display release prominently, in all busy areas: pit restrooms, refreshment stands, tech/scale area, pay window, etc' Mail release

copìeswith annuaì memberships or include in newsletters, IMPORTANT! Show and discuss release at pit meetings, Mare large

blôw-ups of release with sign, "THIS IS THE RELEASE YOU SIGN - KNOW WHAT IT SAYS!" and post them at pit entrance and other

locations [preferable lightedJ. Use a moving message sign at the pit window, that repeats, "YOU ARE SIGNING A RELEASE...KNOW

WHAT IT SAYS...COPIES AVAILABLE.' Imprint pit passes with a message of this type: "WARNINGI The holder of this pit pass

acknowledges signing the release and waiver, in exchange for admittance to the restricted areas. By signing, holder has waived

certain legal rights, and acknowledges the potentially dangerous nature of activities in and adjacent to restricted areas.

10. NHVIJR Af,f,OW MINORS TO StGN ]'Htì ADUI.'t'WAIVHR

11, MAKH SIJRE YOU KNOW AND FOI,LOW PIìOPER PIìO(;HDI'RF;S FOIÌ MINOR RT';LEASHS

Make sure every minor's signs the minor's release, and makes sure both parents sign the parental release. THIS MEANS BOTH

pARENTS [lt is acceptabìe tã have the parental waiver and release signed on an annual basisJ. If a minor's parents do not live

together, oi live in diiferent communitiei, both must still sign the parental release, so youthful entrants may have to go through some

trõuble to become eligible for competition. Make sure every minor presents proper ID when executing a release - a driver's license,

birth certificate or so-cial security number. On each race nighl make sure every parent who accompanies a minor signs the adult

waiver and make sure that the minor signs his/her nightly minor's waiver and release.

THE WAIVER AND RELEASE PROTECTS YOUR BUSINESS AND ALL THE PARTICIPANTS. DO NOT IGNORE THE IMPORTANCE OF

FOLLOWINGTHE INSTRUCTIONS. PROTECTYOURSELF.

w#. ilaîorlsPo&rI t t a È ¿.t l1Page 119 of 222

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INCIDENT HANDTING GUIDELINES

When a person at the event goes down with an injury - and whether attention is given by an usher, nurse, EMT or otherassigned personnel, both the injured person and the situation need to be evaluated and stabilized, whether it is until theambulance arrives and takes over, until the personal can be taken to the First Aid room for care and observation, or until theperson refuses care and/or elects to return to the races without further attention. Regardless of which scenario and whichpersonnel, there are a number of do's and don'ts while attending to the injured person's needs. Among them:

Ø Don't accept or even suggest fault for the incident

ø Don't make any promises about anything

EI Don't make payment or say his/her medical bills were paid

EI Don't give any information about your insurance coverage

ø Don't recommend any medical facility unless told to do so

Ø Don't reflect an attitude of boredom or nuisance or importance

El Don't argue or patronizingly agree with any disagreeable Provincement by the injured person

ø Don't leave the person unattended until transferred to health or security personnel in the pre-authorized manner orrelease at their own request

Ø Don't fail to observe and record any significant circumstance

ø Don't hesitate to correct any hazardous situation [e.g., wet spot) as soon as reasonable after attending to the person

Ø Oo give respect and appropriate attention to the stricken person

ø Do assist within the local system of obtaining and recording the relevant information about the incident on the ReportForm being used for this track

V Do contact security of other designated personnel so that an investigation and warranted controls/remediations can

be launched without unnecessary delay

V Do ask the person what he/she believes happened and record such in his/her own words, if at all possible.

ø Do note in the report, if observable circumstances differ, or reflect in any way on, what the person is claiming

EI po note in the report if the person is noticeable upset or actually complaining about the cause of his/her accident.

ø Do give respect to any complaint

ø Do report the incident to fB Motorsport. In the case of fatality, spectator injury or serious participant injury call L -

888-37 9 -6821 immediately and provide details.

qi-$. ?fofoßsPoQririrrr,r{,Page 120 of 222

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2

MOTORSPORTS INCIDENT FORMINFORMATTON ANÐ GUIDELINES

Complete all sections in as much detail as possible and attach additional pages if necessary such as a copy of thewaiver, observer's report, etc. Please contact f B Motorsport if you need further information.

1. Complete an Incident Report for:

ALL INJURIES

Any physical injury, including when a driver sustains a hit hard enough to possibly result in soft tissueinjury or Provinces he/she might be injured. NOTE: Minor injuries fbee stings, small cuts, scrapes, etc.)sustained off-track [in paddock garages, offìces, etc.) and not involving a moving vehicle or spectatorshould also be reported.

Obtain original Releases and Waivers signed by injured party(ies). Do not send original untildirected.

For any spectator injury, fatality or serious participant injury, obtain at least two (2) eyewitness reports.

Return the completed form along with the following:

a) Copy of the completed and signed event waiver;b) Copy of the completed and signed parental consent/minor waiver [if applicable);c) Written Provincement from medical/emergencypersonnel.

5. In case of:

A fataliV;ANY INJURY TO A SPECTATOR;A serious participant iniury, no matter how caused;WHEN IN DOUBT, CALL:

JB Motorsport Insurance

Tel.: 888.379.682LFax: 4L6.408.4517

L

Note: Please report all injuries, suspected iniuries or refusals for treatmentimmediately after the event.

3

4

H#: 'ot?lwrtPage 121 of 222

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IOSS CONTROLEmerg enqt Ev q cuat[on Guidetrines

The sudden need to evacuate and secure the track requires planning, authority, and a master plan understood by all. The

absence of such can only add to a catastrophe. Sudden need may arise from:

L. Severe weather (electrical or wind)2. Unexpected catastrophe (such as riot, bleacher collapse, or plane crash)

3. Potential catastrophe (such as bomb threat)

Whichever, the master plan is to bring order into the disorder of the circumstances being suddenly faced.

Decision Maker On a race day, a chief decision maker must be known, accessible, and with the authority to move

within established policies, procedures and criteria for action. Typically, this is delegated to the

ranking staff person present, with the chief of security helping to provide important information

and implementing the decisions.

Informed Awareness The security chief should see that information is readily processed as needed to and from

designated liaison personnel from the weather station, police/sheriff department, firedepártment, and emergency medical services. Internally, he/she should organize a

communication network with the head usher, gate and parking lot supervisors, concessionaries,

major media and key backstretch personnel.

Course of Action Directions to patrons, facility staff, and backstretch personnel for evacuation must be effective

yet as simple ãs possible, whether out of prudence (bomb threat) or out of reality (earthquake).

The routes of evacuation must be monitored against obstruction and be other than the

routes of entry by fire, police, and rescue personnel. Plans should include alternatives for

blocked routes, attentions to the parking area as well as the facility, securing the vacated

premises, and routes for incoming emergency vehicles/personnel. Horse evacuation

considerations must be exPlicit'

Communication System A "command post" should be planned as the hub for processing all information and directions

involving the decision maker, security chief all liaison personnel, and the track announcer.

Radio contact should be ready in lieu of or additional to phone contact. Advance work sessions

with all involved should include what local experts and authorities believe is the best way to

handle the respective causes of the evacuation to minimize panic among fans, etc.

Evaluation The best of planning cannot anticipate all glitches, and a practice staff communication exercise is

helpful. Als-o of help would be the sharing of the master plan with a visiting outside expert who

can review the planas it fïts the actual facility and community resources. A review of the master

plan by all perional sharing responsibility for its implementation should be done before each

meet.

E*: ilAlàtlíPÕRfPage 122 of 222

or

or

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WALK-THROUGHS AT MOTORSPORTS TRACKS

The risk of injury in motorsports is not limited to the divers and their crew. Spectåtors get hurt too, often from unnecessary

hazards that need to be found prior to the fact, It is principally "a matter of looking for them," but some hazards are not as

obvious as others. This is one reason why the insurance representative makes periodic visits.

Track owners and special event managers can spare themselves grief by making a "matter of looking for them," a matter ofpractice. Designated persons with designated targets of attention can make the periodic walk-throughs of the spectator area

ãn integral part ofthe operations. Have them see the grounds through the eyes ofthe excited youngster or the not-so-nimble

senior ãitir"n who are more observant of the fan around them than the nitÈy-gritty of watching their every step' Other

considerations may appear more obvious once conscious attention is given to them, such as:

or

or

professional.

Wff, R,l?,y,r?r:rPage 123 of 222

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MOTORSPORTS TRACK INCIDENT REPORT(Complete one report for each injured party)

REPORT MAY BE FAXED TO 416.408,45L7or e-mail kbesta@ionesbrown,com

Promoter I Track Name:

Location:

lnjured Party Was A:

Participant Type:

tr SPECTATOR

tr DRIVER tr OFFICIAL

tr PARTICIPANT

tr MECHANIC tr CREW tr OTHER

Vehicle Type:

Date of lncident: Time: AM/PM

Name of lnjured Party:

Address:

Age

City:

Telephone: ( )

Did lnjured Sign a Waiver and Release?

Party was lnjured: tr SPECTATOR SIDE

Province:

Business Telephone: ( )

OYEStrNOtr PIT AREA

Postal Code:

E TRACK

Briefly describe incident:

Briefly describe extent of injury to party:

Was party transported to hospital?

Was party admitted to hospital?

Name of hospital:

trNotrNoYES

trtr

YES

Address of hospital:

Name of transporting ambulance service:

Address:

Report Prepared by Track Official:

Name:

City: Province:

Title:

Postal Code

Address: Province:

Evening Phone: ( )Day Phone:

City

w, NO/0/aSPARf

Postal Code:

Page 124 of 222

2

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WAIVERS

MINOR PARTICIPANT

ASSUMPTION AND ACKNOWLEDGMENT OF RISK

Description and location of scheduled event(s) (the"EVENT) Date release signed

I UNDERSTAND AND AGREE, on behalf of myself, my heirs, assigns, personal representatives and next of kin, that my participation ¡n

the EVEilf is not permitted without my execution of this document. I hereby warrant and agree that:

I know that there are signif¡cant risks including the risk of serious injury or death associated with participation, whether as acompetitor, student, official or worker in all forms of motor sport and in particular in being allowed to enter, for any reason, any

restricted area; and

I acknowledge and accept these risks and all other risks associated with participation in this EVEftJf even if arising from

negligence or gross negligence, including any worsening of injuries caused by negligent rescue operations or procedures, ofthe event organizer, the event venue(s) and of any and all persons associated therewith or participating therein; and

I understand that all applicable rules for participation must be followed, regardless of my role, and that at all times THE SOLE

RESPONSIBILITY FOR MY PERSONAL SAFETY REMAINS WITH ME;

I will immediately remove myself from participation in the EVENT and notify the nearest offlcial, if at any time I sense any

unusual hazard or unsafe condition or if I feel that I have experienced any deterioration in my physical, emotional or mental

fitness, or that of my protective clothing, gear or equipment, for continued safe participation in the EVENT; and

5, I am years ofage.

I HAVE READ AND UNDERSTAND THIS DOCUMENT AND I AM AWARE THAT BY SIGNING THIS ASSUMPTION AND

ACKNOWLEDGMENT OF R¡SK IAND/OR MY PARENTS/GUARDIANS MAY SURRENDER CERTAIN LEGAL RIGHTS.

I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT

Signature of Minor Participant Printed name of Minor Participant Signature of Witness

3

4

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Jí3 I'llf rrspi, ,nsur.iKc i,oiis {.ìorìt!'{:'ì }f¿null ?014 - C1ìnîilâ.Ð!:!!jx I l0

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND ¡NDEMNTIY AGREEMENT

BY SIGN¡NG THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

PLEASE READ CAREFULLYI

Desciiption ànd location of scheduled event(s) (the'EVENI Date release signed

ln full or partial consideration for allowing my minor child/ward to participate in all related activities of the EVEIVI, I hereby wanant and agree that:

1. I am the parenUguardian having full legal responsibility for decisions regarding my minor child/ward, namelyand

2. I am familiar with and aæept, on behalf of myself and my minor child/ward, that there is the risk of serious injury and death in participation, whether as a

competitor, student, official or worker, in all forms of motor sport and in particular in being allowed lo enter, for any reason, any restricted area; and

3. I have satisfied myself and believe that my minor child/ward is physically, emotionally and mentally able to participate in this EVENT, and that his/her protective

clothing, gear and equipment is fit and appropriate for his/her use in this EVEÍtlI; and

4. I understand, and will instruct my minor child/ward, that regardless of his/her role, all applicable rules for particípation must be followed and lhat at all times the

sole responsibility for personal safety remains with my minor child/ward; and

5. I will immediately remove my minor child/ward from participation, and notify the nearest official, if at any time I sense or observe any unusual hazard or unsafe

condition or if I feel that my minor child/ward has experienced any deterioration in his/her physical, emotional or mental fìtness, or that of his/her protective

clothing, gear or equipment, for continued safe participation in the EVEf{f,

I UNDERSTAND AND AGREE, ON BEHALF OF MY MINOR CHILD'WARD, HIS/HER HEIRS, ASSIGNS, PERSONAL REPRESENTATMES AND NEXT OF KIN,

MYSELF, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN THAT MY EXECUTION OF THIS DOCUMENT CONSTITUTES:

1 . AN UNQUALIFIED ASSUMPTION OF ALL RISKS associated with participation in the EVEI{I by my minor child/ward even if arising from negligence or gross

negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the event organizer, the event

venue(s) and of any persons associated therewith or participating therein; and

2. A FULL AND FINAL RELEASE AND WAIVER OF LIABILITY AND ALL CLAIMS that I have or may in the future have against any person(s), entities, or

organization(s) associated in any way with the EVEflf including the track owners and lessees, promoters, sanctioning bodies, racing associations, or any

subdivision thereof, track operators, sponsors, advertisers, vehicle owners and other participants, rescue personnel, event inspectors, underwriters, consultants,

and others who give recommendations, directions or instructions, or engage in risk evaluation and loss control activities, regarding the EVEflf or event

premises, or any óne or more of them, and their respective directors, officers, employees, contractors, agents and representatives (all of whom are collectively

iefened to as "the Releasees") from any and all liability for any loss, damage, injury or expense that my minor child/ward may suffer, or that his/her next of kin

may suffer as a result of his/her use of or presence at the event facilities or my child's/ward's participation in any part of, or presence-att l\ejyEf'JI, due to any

caule whatsoever, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, BREACH 0F CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF

CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE RELEVANT OCCUPIERS TIABILIW ACT ON THE PART OF THE RELEASEES; ANd

3. AN AGREEMENT NOT TO SUE THE RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly

or indirectly from the participation of my minor child/ward in any aspect of the EVEt{l and

4. AN AGREEMENT TO tNDEMNtFy, and to SAVE and HOLD HARMLESS the RELEASEES, and each of them, from any litigation expense, legal fees, liability,

damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based on

the negligence or the gross negligence of the Releasees or otherwise.

5. AN AGREEMENT that this document be governed by the laws of the Province in which the EVEilf occurs.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND tAM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN SUBSTANTIAL

LEGAL RIGHTS WHICH MY MINOR CHILDMARD, HIS/HER HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS AND I AND/OR MY

MINOR CHILD/WARD MAY HAVE AGAINST THE RELEASEES.

I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT

Signature of Parent/Guardian(s) Printed name oî Parentlãuardian(s) Signature of Wltness

wH. nOTORSPÒtarPage 126 of 222

ili llotirrsp,, -llslll:'ìlx(: Lors (lont;"r:'l fläilu.ìl 2014- Canilih DrJr:x | 11

RELEASE OF LIABILITY, WAIVER OF CLA¡MS, ASSUMPTION OF RISKS AND lNDEMNITY AGREEMENT

BY STGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

PLEASE READ CAREFULLYI

Deiscription and location ol scheduled event(s) (he "EVENT") Date release signed

ln full or partial consideration for allowing me to participate in all related events and activities of the EWNT,I hereby wanant and agree that:

1. I am familiar with and accept that there is the risk of serious injury and death in participalion, whether as a competitor, student, official or worker, in all forms of

motor sport and in particular in being allowed to enter, for any reason, any restricted area; and

2. I have safisfìed myself and believe that I am physically, emotionally and mentally able to participate in this EVENT, and that my protective clothing, gear and

equipment is fit and appropriate for my iole as a participant in this EVEÍIJI; and

3. I understand that all applicable rules for participation must be followed, regardless of my role, and that at all times during the EVEIVIthe sole responsibility for

my personal safety remains with me; and

4. I will immediately remove myself from participation, and notify the nearesl official, if at any time I sense or observe any unusual hazard or unsafe condition or if

I feel that I havó experiencéO ,ny deterioraiion in my physiial, emotional or mental fitness, or that of my protective cloth ing, gear or equipment, for continued

safe participation in the EVEIVL

I UNDERSTAND AND AGREE, ON BEHALF OF MYSELF, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN THAT MY EXECUTION

OF THIS DOCUMENT CONSTITUTES:

AN UNQUAL|FIED ASSUMPTION BY ME OF ALL RISKS associated with my participation in the EVEf{f even if arising

negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of

deñnéd below, and aiy pêrsons associated therewith or otherwise participating in the EVEf'Jf in any capacity; and

2. A FULL AND FTNAL RELEASE AND WATVER OF LIABIL|TY AND ALL CLAIMS that I have, or may in the future have, against any person(s), entities or

organization(s) associated in any way with the EVEiJf including the track owners and lessees, promoters, sanctioning bodies, racing associations, or any

subdivision thereof, track operators, sponsors, advertisers, car owners an

and others who give recommendations, directions or instructions or eng

premises, or any one or more of them and their respective directors,

collectively refened to as "lhe Releasees") from any and all liability fo

presence at the event facilities or my participation in any part of' or my p

NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, OR

DUTY OF CARE OWED UNDER THE RELEVANT OCCUPIERS LIABILITY ACT ON THE PART OF THE RELEASEES.

3, AN AGREEMENT NOT TO SUE THE RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether

directly or indirectly from my participation in any aspect(s) of the EVEltlI; and

4. AN AGREEMENT TO |NDEMNtFy, and to sAVE and HOLD HARMLESS the RELEASEES, and each of them, from any litigation expense, legal fees, liability,

damage, award or cost, of any form or type whatsoever, they may incur due 1o any claim made against them or any one of them by me or on my behalf, or that

of myäjtate, whether the claim is Oased on the negligence or the gross negligence of the Releasees or otheruvise as stated above.

5. AN AGREEMENT that this document be governed by the laws, and in the courts, of the Province in which the EVEflf occurs.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT IAM WAIVING CERTAIN SUBSTANTIAL

LEGAL RIGHTS WHICH lAND MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES'

I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT

Signature of Participant Printed Name of Paficipant Signature of Witness

from the negligence or gross

lhe Releasees, as that term is

w"#, ttO ?t)t15:ßAR /Page 127 of 222

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480 I.JNIVERSITY AVE, SUITE 1100, TORONTO, ON M5G IV2PHONE: 416-408-1920 OR l -888-3 7 9-6821 FAX: 4 1 6-408-45 1 7

INSURANCE BINDER

c0 M M ERCIAL G EN ERAL LIAB I LITY/ PARTI Cl PANÍ ACCI DENI

Basic lnformation

Offroad Ontario Motorcycle Association

713 Whitebirch Road RR#2

Millbrook

ON LOA 1GO

May 1,2014to May 1,2015

TBA

Named lnsured:

MailingAddress:

Policy Period;

Pollcy No.:

Liability Limlts:

ParticipantAccldent:

Deductibles:

Operations:

and

$ 5,000,000 Each Occurrence, Bodily lnjury and Property Damage Liability

$ 5,000,000 Personal lnjury and Advertising lnjury Liability

$ 250,000 Tenant's Legal Liability - each location, occupied, leased or rented by insured

$ 25,000 Medical Payments - each person

$ 5,000,000 Non-Owned Automobile Liability

$ 25,000 Accidental Death and Dismemberment

$ 1,000 each occunence Bodily lnjury/Property Damage

$ 1,000 property damage-SEF 94 deductible

Annual operations for Off Road Motorcycle club including events'

DetailsProperty Damage on an Occunence Basis

Broad Form Property Damage

Blanket Contractual Liability

Personal lnjury Liability including Humiliation and Discrimination

Contingent Employe/s LiabilitY

Employees as Additional lnsureds

lncidental Medical Malpractice

lntentional lnjury in Defense of Property

I ndependent ContractorsLiquor LiabilityForest Fire Fighting Expenses

Cross Liability, Severability of lnterest

lnjury to Participants

Page 128 of 222

Binder of lnsurancelnsured : Offroad Ontario Motorcycle AssociationComprehensive General Liability/Participant AccidentEffective: May 1, 2014to May 1,2015

Coverage Details. Any person or organization engaged in operating, managing, sanctioning, or sponsoring the

covered program or providing the premise for a covered program including officials of the

covered program are included as additional insured. Any participant, competition vehicle owner and competition vehicle sponsor are included as

additional insured. Volunteers are included as additional insured. Medical professionals added as additional insured, subject to $300,000 limit of liability per

occurrence/per aggregate. Errors and Omissions, event only, subject to $100,000 limit of liability per occurrence/peraggregate $2,500 deductible. Participant property damage legal expenses, subject to a limit of liability of $100,000 per

occurrence/per agg regate, $2,500 deductible.

Exclusions:. Events or activities not scheduled or not usual to your business. Fireworks and concerts. Amusement devices (mechanically operated). lntended or expected injury to others. Any obligation of the insured for a workers compensation, disability benefìts orunemployment compensation law or similar law. Bodily injury to an employee of the insured arising out of and in the course of employment of

the insured. Employment related practices, sexual harassment and discrimination. Bodily injury to any person in a restricted area from whom you have not obtained a valid

waiver and release and waiver unless by inadvertent error. Bodily injury or property damage arising out of the ownership, use or operation by or on

behalf of the insured of any automobile other than competition vehicles or offlcial vehicles

during a covered program while on the premises. Watercraft, Aircraft, Air cushion vehicles. Property damage to property you own, property you sell or give away, property in your care,

custody and control. Property damage to property owned, leased to, rented to or used by any participant or

employee when in the restricted area

' Limited pollution. Nuclear liability, war and terrorism, asbestos. Exemplary and/or Punitive Damages Exclusion

The coverage above as presented is only a summary and is subject to the detailed terms, provisions and

conditions of the to which it

Binding in

Signaturelnsurer Premium

See below Authorized Representative

Liability/Participant Accident

Everest lnsurance Company of Canada

through Premiere lnsurance UnderwritingServices /nc.

May 30, 2014until the delivery of the respective policy at the office of Jones Brown lnc.

Page2 of3

Page 129 of 222

Binder of lnsurancelnsured: Offroad Ontario Motorcycle AssociationComprehensive General Liability/Participant AccidentEffective:May 1,2014to May 1,2015

Premium Summary

Minimum and Retained: $3,750.00Date:April 15,2014

Per,

Kevin Besta, CIP

Managing Partner

Motonsport

Annual Liability

Participant Accident

ProvincialSales Tax

Risk Management Fee*

*Subject to applicable GST/HST

Annual

$ 4,950.00

$ 1,692.00

$ 531.36

$ 332.00

$ 43.16

7Due

Page 3 of3

Page 130 of 222

UPPER GRAND DISTRICT SGHOOL BOARD

PRIMROSE ELEMENTARY SCHOOL

MIKE QUINNPrincipal

636064Mulmur, OntarioLgV OB8Phone: (519)925-3939

May 9, 2014

Mr. Terry Hornerlvlulmur Township Council758070 2nd Line EMulmur, ONLgV OG8

Dear Terry

Your commitment to the students at Primrose Elementary School is much appreciated and I

would like to thank you for your support in past years. Again last year, your organization kindfysponsored a trophy for "Academic Excellence" to a deserving student in Grade I at PrímroseElementary School.

At the end of each school year we ask for your financÍal support to continue this award. Therequest this year is $35.00. Please return the attached form by Wednesday, June 11 to let usknow of your decision and the names of the representatives who may be presenting the awardon your behalf.

The Graduation Ceremony will take place on Tuesday, June 24,2014. Awards will be presentedat 6:30 p.m. lf you would like to present the award on stage please arrive by6:00 p.m.

Please accept our thanks in advance for your continued interest in the graduates of PrimroseElementary School.

Yours truly,

Mike QuinnPrincipal

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Page 131 of 222

Primrose Elementary School Graduation, Tuesday, June 24,2014

Please return this form to the school, along with payment of $35.00 foreach award in the self-addressed, stamped envelope provided. Wewould appreciate receiving your response by Wednesday, June 11, 2014

tr Yes will be in attendance to present onName of Presente(s)

stage theName of Award

tr Yes will attend but would like aName of Presente(s)

teacher on stage to present the on our behalf.Name of Award

Sorry, I am unable to attend Please haveName of Sponsor

a teacher present the on our behalfName of Award

tr Cheque enclosed

tr Please make any necessary contacUaddress corrections:

Thank you!Page 132 of 222

CORPOR,ATTON OF T}IE

TO:

FROM:

DATE:

SUBJECT:

tourq5hip ot R

REPORT TO COUNCIL

Mayor Mills and Members of Council

Heather Boston, Treasurer

May 27,2014

Conservation and Demand Management Plan

RECOMMENDATIONTHAT Council receive and approve the Conservation and Demand Management Plan as prepared by theTreasurer to be used as a basis for required Province of Ontario reporting in response to the GreenEnergy Acf, Ontario Regulation 397 I 1 1 ;

AND THAT future energy conservation measures and sustainability initiatives as identified there in beundertaken subject to the annual approval of capital and operating budgets.

PURPOSEThe purpose of this report is to fulfil the Township's reporting requirements of the Green Energy Act,providing the municipality with a framework to support continued energy and sustainability initiatives withinthe built environment as well as operations and programs. The Plan further identifies opportunities forcontinued energy conservation measures and sustainability initiatives to build on existing plans andpolicies.

BACKGROUND & DISCUSSIONThe Conservation and Demand Management Plan was undertaken to respond to the Green Energy Act.Ontario Regulation 397111 made under the Green Energy Act, 2009 requiring all public agencies toprepare an Energy Conservation and Demand Management Plan ("the Energy Plan").

The Energy Plan has two parts:¡ A listing of annual energy consumptíon and greenhouse gas emissions for each of the public

agency's facilitiesr A description of previous, current and proposed measures for reducing the public agency's energy

consumption and a forecast of expected results. The first description is due July 1 , 2014 and isdue every five years thereafter.

FINANCIAL IMPACTThere is no financial impact associated with this report. Councilwill consider implementation opportunitiesin future operating and capital budgets

Respectfully su

I

Treasurer, CPA, CA, CGA, BCOMM

Page 133 of 222

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Figure I - Energy Management Plan Framework

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lntroduction & BackgroundSuccessful energy management depends on the integration of energy efficient practices

into the "business as usual" conduct of the organization, is based on a regularassessment of energy performance, and requires the implementation of procedures and

measures to reduce energy waste and increase efficiency. Regardless of the size ofthe municipality, the common element of successful energy management is theallocation of staff and resources to continually improve energy performance.

Page 135 of 222

Or¡r Cornmitment

Declaration of Commitment and Council Resolution

The Township of Mulmur will allocate the necessary resources to develop and

implement an Energy Conservation and Demand Management Plan as requíred under

Regulation 397111 of the Green Energy,Acf. Council supports energy planning because

it will help avoíd cost increases, reduce our energy consumption and its related

environmental impact. Our Energy Conservation and Demand Management Plan will

reduce our energy consumption and its related environmental impact as outlined in our

overall target. Council and staff will ensure that the objectives presented in this plan are

achieved and that progress towards those objectives is monitored on an ongoing basis.

Council and staff will updatethe plan as required underRegulation 397t11 of the Green

Energy Act or any subsequent legislatíon.

Vision

We will strive to continually reduce our total energy consumption and associated

greenhouse gases (GHGs) through wise and efficient use of energy and resources,

while still maintaining an efficient and effective level of service for our clients and the

general public. This will involve a collaborative effort to increase the education,

awareness, and understanding of energy management within the municipality. Total

energy consumption includes electricity, oil, propane and diesel. Thís vision can be

achieved through the integration of energy efficiency facility infrastructure, operational

efficiencies, and building the foundation for a culture of energy awareness and

knowledge within the municipality. While commitment from Council and Senior

Management is crucial, everyone has a role in the wíse use of energy and to showcase

appropriate leadership within corporate facilities and operation.

Page 136 of 222

Goals

. To improve the energy efficiency of our facilities by utilizing best practices to

reduce our operating costs, energy consumption and greenhouse gas emissions.

. ïo implement a comprehensive corporate energy management program to

reduce consumption, achieve cost savings, and meet greenhouse gas emission

targets.

. To create a culture of conservation

. To increase the comfort and safety of staff and patrons of the Township of

Mulmur's facilities.

. To improve the reliability of the Township of Mulmur's equipment and reduce

maintenance

Obieetives

ln order to meet the strategic goals of the Energy Conservation and Demand

Management Plan, there are a number of goals and objectives that align with its

development and implementation:

. Ensure energy efficiency consistency across municipal facilitíes

. Monitor and report on energy consumption in quarterly intervals. Staff will monitor

and verify ROI to enable reinvestment in energy projects and report on energy

consumption four times per year.

. Better analyze energy costs and look for savings opportunities. This wiii include

looking at energy commodity procurement options and taking advantage of all

available resources and funding for energy projects,

o Raise staff and Council awareness around energy efficiency. This will include

communicating successes to both internal and external stakeholders.

. ldentify and seize renewable energy generation opportunities.

. lmbedding energy management in the Township's capital and operations

decision making process

Page 137 of 222

Our Understanding (Current State)

Stakeholder Needs

The Township of Mulmur understands that its' stakeholders need:

a) An up-to-date and relevant energy management plan with clear visíon, goals and

targets in order to clearly communicate the corporate commitment to energy

efficiency and,

b) Timely, regular repods and information to maintain awareness of energy use.

c) Training and support to develop the skills and knowledge required to implement

energy management practices and measures.

d) The municipality to be accountable for energy performance and to minimize the

energy component of the costs of municipal services; and

e) The municipality to reduce the carbon footprint associated with its corporate energy

use.

Gurrent Municipa| Energy Situation

Energy Consumption and Demand

The current energy usage by building is detailed in Appendix A. Our energy usage is

updated monthly in the annual spreadsheet and reported annually to the Ministry of

Energy.

Energy lnitiatives

Renewable Energy

Renewable energy is energy which comes from natural sources such as sunlight, wind,

and geothermal heat. Utilizing renewable energy can generate a revenue source

through the Provincial Feed-in Tariff (FlT) Program or significantly reduce the energy

requirements of a building along with the associated greenhouse gases.

Page 138 of 222

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ln 2009 the Township installed geothermal energy to heat and cool the

administrative building which has significantly helped to reduce its carbon

footprint and annual electricity costs.

The Township of Mulmur has applied to participate in a Solar Energy FIT contract

starting in 2015 which would produce green energy, bring in revenue to help us

pay for our other utility costs.

The roof and insulation over the arena's ice surface were replaced with a high

efficiency options to help keep the arena cool in the summer and warmer in the

winter months allowing the compressors to work more efficiently in order to

maintain the ice surface. The lights over the ice sudace were also replaced with

high efficiency lights to improve energy efficiency for the facility.

The weather stripping around the public works building eaves and doors were

replaced to help with efficiency

The water heater in the downstairs washroom of the administration building has

been turned off since it is not needed on a regular basis.

a

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How Energy ls Gurrently Managed

The management of our energy is a combination of energy data management, energy

supply management, and energy use management.

Energy Data Management

Our municipal energy data is managed through the Treasury department. The data is

received via supplier invoices, then tracked and/or monitored on an annual spreadsheet

o lnvoices are entered into the annual spreadsheet

o Consumption/trends are analyzed

o Reports are generated

Page 139 of 222

Energy Supply Management

Our municipal energy is supplied via a number of providers as outlined below:

. Electricity is supplied by Hydro One

. Propane is supplied by local propane providers on an as needed basis and ispriced at the standard rates offered by the provider at the time of delivery

Energy Use Management

Energy use ís managed through the monthly tracking of usage which allows the review

of the energy usage on an ongoing basis.

Our Plan

Strategic

. Long-term strategic issues: We will develop and implement energy policies,

organize for energy management, develop the required skills and knowledge,

manage energy information, communicate with our stakeholders, and invest ín

energy management measures.

Links with other municipal plans and management processes: As an integral

component of the management structure, the energy management plan is to be

coordinated with the municipality's budget planning, strategic plan, purchasing

policy, asset management plan and the policy development process.

Departmental responsibilities: we will incorporate energy budget

accountability into ou r corporate responsibilities.

a

Page 140 of 222

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Energy managernent leader and team

Resources

Energy Leader: The Treasurer has been designated as our energy leader with

overall responsibility for corporate energy management.

Energy Team: We will identify staff members and personnel from our critical service

providers who carry significant responsibility for energy performance or who can

make essential input to energy management processes.

Staffing Requirements and duties: We will incorporate energy efficiency into

standard operating procedures and the knowledge requirement for operationaljobs.

External consultants and energy suppliers: We will establish criteria in our

Procurement Policy based on our energy goals and objectives for the selection of

external consultants and energy suppliers.

Staff Training and Cornmunication

. Gommunication programs: We will develop a communication strategy that

creates and sustains awareness of energy efficiency as a corporate priority

among all employees and conveys our commitment and progress to our

stakeholders.

o Energy Awareness Training: We will develop and deliver training focused on

the energy use and conservation opportunities associated with employees' job

fu nctions wherever possible.

o Energy Skills Training: We will develop and deliver skills training for operators,

maintainers and other employees that have "hands-on" involvement with energy

consuming systems in order to improve the team's ability to achieve energy

efficiency improvements.

¡ Business Procedures: We will carry out a comprehensive review of all business

processes and modify them as necessary in order to incorporate any energy

efficiency considerations.

a

Page 141 of 222

Development of Energy Projects

lnternal assessments: We will develop a methodology for the internal

assessment of energy performance of municipal facilities and their energy

loads. ln addition, a process will be developed for ídentifying and cataloguing

energy efficie ncy improvement.

Staff suggestions: We will implement a dynamic process for submitting

and processing staff suggestions for energy efficiency improvements.

Energy audits: We will do energy audits as necessary when incentive

programs available to help with the cost.

lnvestment in Hnergy Projects

lnvestment criteria: We will develop andior clarify as necessary the financial

indicators that are applied to investment analysis and prioritization of proposed

energy projects, taking due consideration of the priority given to energy efficiency

projects versus other investment needs (life cycle versus simple payback).

Consideration of energy efficiency for al! projects; Life cycle cost analysis

will be incorporated into the design procedures for all energy projects.

Budgetary resou!'ces for energy projects: Energy projects will be integrated

into our capital planning and budget development procedures.

Gapital: Savings and incentives from previous energy efficiency projects will be

incorporated into our annual capital planning procedures as a separate envelope.

other sources of funds for energy projects: The Energy Team will be

mandated to investigate, document, and communicate funding sources for

energy projects, including government and utility grants and incentives.

a

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o

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o

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Page 142 of 222

Procurement

Energy purchasing: We will continue to utilíze geothermal energy, explore solar

energy and investigate opportunities to procure other energy commodities at a

lower cost. This investigation will include the analysis of cost considerations,

available energy services, energy quality and reliability and other performance

factors.

a Consideration of energy efficiency of acquired equipment: Our Procurement

Policy will be modified as required to incorporate energy efficiency into the

criteria for selection and evaluation of materials and equipment.

Our Execut¡on - Action List

All work completed on the plan to date culminates in the development of actions for

execution. Generally, the action can be classified as a program, process, or project. ln

addition, all actions are linked back to particular objectives developed earlier in the plan

in order to ensure that they support the objectives, which in turn supports the goals,

which in turn will move the Township towards its vision.

a

Program Awareness Add energy awarenessto managementmeetings

Energy reports to be

d istributed to directorsand managers on aquarterly basis

Treasurer Q1-2015

Cost /

SavingsEstimate (ifapplicable)

OwnerType Objective Action TargetDate

Page 143 of 222

Program Training As part of OrientationProgram - providenew staff with energymanagementinformation

Treasurer Q2-2015

Program Awareness lmprove staffeducation andawareness.

Make use of visualdisplays in lunchroomsto demonstrate to staffthe implications of poorbehaviours

AdministrativeCoordinator

Q1-2015

Program Awareness Communicate to theorganization the nameof the Energy Leaderand distribute theEnergy ManagementPlan

TreasuryAssistant

Q4-2014

Process EnergyEfficiency

Run díshwashers onmid-peak or low-peakhours

All Staff Q3-2014

Process EnergyEfficiency

Turn off all electronicdevices such as coffeemakers, printers,

calculators, phone

chargers etc. at nightand on weekends

All Staff Q4-2014

Cost /

SavingsEstimate (ifapplicable)

OwnerType Objective Action TargetDate

Page 144 of 222

Project EnergyEfficiency

Enhance BuíldingEnvelope-windowreplacement program,

window sealing inwinter, caulking,weather-stripping, andinsulation.

Director of PublicWorks

Q4-2015

Project EnergyEfficiency

Ensure all lighting andelectrical is updated inupstairs of Arena

Director of PublicWorks

Q4-2015

Process Procurement Fleet Procurement -Selecting vehicleengines with better fueleconomy under ouroperating conditions

- Specifyingtransmissions thatimprove fuelefficiency

- Setting specificationsso that theequipment is the rightsize for the work

Director of PublicWorks

lnprogress

Process Procurement Purchase brand newrather than usedZambonito decreaserepaír & maintenancecosts and improveenergy efficiency

Director of PublicWorks

Q4-2014

Cost /

SavingsEstimate (ifapplicable)

OwnerType Objective Action TargetDate

Page 145 of 222

Program EnergyEfficiency

Awareness

Fleet PreventativeMaintenance

- Program to scheduleroutine maintenanceand inspection

- Operatorawareness/training

- Equipment idlingprocedures

- Use of LED lightingfor vehicles and

equipment

- Use of invertersrather than generatorfor small tools

Director ofPublic Works

lnprogress

Process EnergyEfficiency

Fleet ReplacementPlan - long termplanning to ensureuseful life of vehicle

- Assign appropriateequipment forintended use

- Consider alternateuses for equipment

Director ofPublic Works

lnprogress

Cost /SavingsEstimate (ifapplicable)

OwnerType Objective Action TargetDate

Page 146 of 222

Process EnergyEfficíency

Explore potential forday lighting in areaswith high sun

exposure.

Shut some office lightsoff where natural lightavailable.

Administration Q3- 2014

Cost /

SavingsEstimate (ifapplicable)

OwnerType Objective Action TargetDate

Our Evaluation

The results of our energy management plan will be evaluated by monitoring our

progress towards our targeted pedormance, and by reporting the findings to our various

stakeholders. ln addition, our evaluation will include a review and update of the energy

plan as necessary. The evaluation process in ongoing and provides the criticalfeedback

that leads to continuous improvement.

Monitoring Progress

. Ongoing monitoring of consumption: An energy monitoring and targeting (M&T)

system will be implemented and maintained as an integral component of our

management information system.

Page 147 of 222

APPENDIX A: Current Municipal Energy Situation (ZO12l

Town Hall

Public WorksBuilding

Mansfield WaterPumping Station

MulmurMelancthon Fire

Hall

North DufferinCommunityCentre

4,369 40

40

36,400 31499 8.33

Geothermalheating andcooling

L],624 39,283 t2,L2g 3qås¿ $*s3

729 L68 40.51 48,793 416& ffi-B 1,953[18

6,750 5 34,900 7,4]-2 tã"J8Ð

27,700 45 48,945 g,g2g 31"46 ll6t

Seasonal - onlyoperates duringwinter season

North DufferinCommunityCentre lce

Surface l_,800 45 22L,2gO 4,470

Seasonal - onlyoperates duringwinter season

Page 148 of 222

Review & Reporting. Reporting for the GEA: Reporting requirements for the Green Energy Act and

other pertinent provincial legislation will be factored into our reporting

procedures.

Reports to Council: Annual energy performance summary reports will be

generated to apprise Council of the progress made towards our corporate energy

goals and objectíves.

a

a Reports to stakeholders (community): The general public will be apprised of

energy pedormance of municipal facilities and the impact of implemented

energy management measures where appropriate.

We will review and evaluate our energy plan, revising and updating it as

necessary, when we update our Strategic Planning process.

Reports to Council: Annual energy performance summary reports will be

generated to apprise Council of the progress made towards our corporate energy

goals and objectives.

Reports to stakeholders (community): The general public will be apprised of

energy performance of municipal facilities and the impact of implemented energy

management measures where appropriate.

a

a

References

County of Peterborough (Feb 2013) Energy Management Plan

Page 149 of 222

Shawn & Kerry Latimer38 Somerville Cres

Mulmur, ON., LgV 3J2

705-435-0418

May 13th 2014

Township of Mulmur758}7o2nd l¡ne east

Mulmur, ON

L9V OG8

Attention: John Willmetts

John, As discussed I am requesting a portion of a new fence on my property to be erected to go beyond

the allowable size. I am seeking to get council approval at the June 2014 meeting coming to build a

fence at a height of 8 feet ínstead of 6 on my property at 38 Somerville Cres. in Mulmur (Mansfield).

and asked that this letter to you to present to council.

The area I would like to erect this fence is to be from the rear of the house to the property line then

toward to back of the property to our existing pool house.

I am respectfully asking for Councils approval for this as the location of the house is situated on thecorner of the street which allows for easy access and visibility into the pool and back yard area and I

would like to ensure that the fence is protecting my family from anyone walking or driving by.

The Section of fence would be approximately 60 feet in total. This would be only for the corner section

of the property and for the remainder I will keep within the already established limits.

I have included a picture with a drawing of my proposal. Thank you in advance for your assistance in

this request.

Respectfully submitted,

Shawn P. Latimer

Encls. Resume

Page 150 of 222

The picture above shows the area I would like to erect an 8 foot section of fence for additional security

and privacy.

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This picture shows the open nature of the area I would like to provide additionalsecurity and privacyPage 151 of 222

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TTTE CORPORATION OF THE TOWNSHIP OF MULMUR

BY-LA\ry NO. 14,2006

FENCE BY.LA\ry

WHEREAS the MunicipalAct,200l, S.O. 2001, s. 8, provides that a Municipalityhas the capaciry,rights, powers and privileges of a natural person for the purpose ofexercising its authority under theMunicipal Act or any other Act;

AND wrrERE AS the Municipal Act, 2001 , s.o. 2001 s. 1 I provides that a Municipaliry may passbyJaws respecting matters within a list of identified spheres ofjurisdiction, including structures(which includes fences and signs);

NOW THEREFORE THE CORPORATTON OF THE TOWNSHIP OF MULMUR BY TIIEMUNICIPAL COUNCIL THEREOF ENACTS AS FOLLOWS:

1. DEFINITIONS

For the purposes of this bylaw

(a) e buildine means any permanent and temporary sûucture used or intended to beused for shelter, accommodation, or enclosure of persons, animals, or goods, butshall not include a lawful boundary fence.

(b) À corner lot means a lot situated at the intersection of and abutting upon two ormore streets, or upon two parts ofthe same street, the adjacent sides of which streetor streets (or in the case of a curved comer, the tangents at the street ext¡emities ofthe side lot lines) contain an angle of not more than 135 degrees. In the case of acurved corner, the corner of the lot shall be deemed to be the point of the street linenearest the point of intersection of the said tangents.

(c) A fence means any barrier or structure constructed of chain link metal, wood, stone,metal, concrete, brick or other similar materials or combinations of such materialswhich is erected for the purpose of screening, safeguarding, retaining or enclosingproperty or delineating property lines

(d) À sisht trianele means a triangular area devoid of buildings, structures andobstructions, formed by the street lines abutting a corner lot and a third line drawnfrom a point on a street line to another point on a street line, each such point beingthe required sight distance f¡om the point of intersection of the street lines as

specified in this bylaw.

(e) e swimmingpoolmeansabodyof water,exceeding0.gl meters(3feet)indepthatany point, located outdoors on private property contained by artificial means and usedor maintained for the purpose of swimming, wading, diving or bathing, but does notinclude a natural or man-made pond, lagoon, o¡ water reservoir.

(Ð À property lot line means a boundary line of a lot.

Page 157 of 222

2. GENERAL

No person shall erect, own or maintain, or cause or permit the erection or maintenance of anyfence on private property within the Township of Mulmur except in conformity with theprovisions of this by-law.

3. FENCE HEIGHT

(a) No person shall erect or cause to be erected a fence in an agriculture, rura.l orresidential zone which is higher than 1.83 metres (6 feet) above grade, save andexcept as set out elsewhere in this section.

(b) where an agricultural, rural or residential zone abuts a commercial zone,the heightof the fence shall be minimum 1.83 metres (6 feet) and maximum 3.05 meffes (10feet) in height.

(c) where an industrial zone abuts an agricultural, rural or residential zone, the height ofthe fence shall be 3.05 metres (10 feet) in height.

(d) The height ofa fence shall be measured from the higher adjacentgrade wherethereisa grade difference on each side of the fence.

(e) Notwithstanding any other provision of this section, a propefiy owner may apply tothe Township for written permission to build a fence that would otherwise contravenethe height limitations set out herein, and Township Council shall make adetermination on a case-by-case basis on whether to permit the said fence.

4. FENCELOCATION

(a) The location of any fence shall either be located directly on the lot line as determjnedby a registered survey prepared by an ontario Land Surveyor; or shall be located onthe inside of the lot line.

(b) where there is a dispute by neighbours about fences separating their properties, thedisputes shall be dealt with pursuant to the provisions of the Line Fences Act, ifapplicable, otherwise through the civil courts or alternative dispute resolution. Otherthan fulfilling its statutory obligations under the Line Fences Act, the Township shallnot participate in these proceedings.

(c) No landowner shall place or permit to be placed on a corner lot any wall, fence, tree,hedge or other ba¡rier, which would obstruct visibility above a height of0.6l mefies(2 feet) above the grade of the centre line of the road intersection on that portion ofthe lot within a sight triangle formed by the boundaries of the lot common within theroad allowance lines and a straight line connecting points on each of the saidbounda¡ies measured a distance of 9 metres (30 feet) from the point where theyintersect.

5. RESTRICTEDFENCES

(a) Electric fences. Except for invisible fences, no fences or attachment to a fence shallbe used as a conductor of electricity unless the fence is located on lands that is inactual use for raising livestock, and the fence or attachment:

(Ð is designed and installed only to contain livestock; and(ii) has signs installed that are commercially designed for thís purpose, at

intersections offence lines adjacent to public road allowances warning thatthe fence carries electricity.

Page 158 of 222

(b) Barbed wire fences. No barbed wire or other barbed or sharp material shalÌ be usedin any fences except in accordance with the following:

(i) on lands for the purpose ofcontaining livestock;(iÐ on the top of a fence on commercial or indust¡ial lands having a minimum

height of 2.4 metres (8 feet), provided that it projects inwards to the areaenclosed at a 45 degree angle; or

(iii) as pre-approved in writing by the Council of the Township of Mulmur

(c) Roadside fences. No person shall erect a fence bordering a public highway otherthan a Provincial Highway (e roadside fence) within the boundaries of theTownship, other than a wire fence, without first obtaining a permit issued by theTownship for that purpose.

Council shall determine each application for consüuction of a fence on a

case-by-case basis. Council shall have the power to grant or deny approval ofan application. Council shall have the power to approve, subject to suchconditions as Council may set.

Any fence erected that does not comply with any conditions of approval setby the Township Council shall be deemed to be non-complying.

(iii) The erection of any type of roadside fences other than wìre fences shall bediscouraged. However, taking all relevant factors into consideration, otherfences may be approved by the Council. Primary considerations will be snowaccumulation and drifting and other factors that will influence normalmaintenance requirements.

(iv) The Dufferin County Road Superintendent, or his/her designate will benotified of fence applications that border County Roads and will have theopportunity to make recommendations. These recommendations will be filedwith the permit application.

6. SNOWFENCES

Notwithstanding compliance with other provisions of this byJaw, the owners oroccupants of properties bordering upon a public highway within the municipalityshall take down, alter or remove any fence that causes an accumulation of snow ordrifting so as to impede travel or interfere with winter road maintenance by theTownship, as determined by the Director of Public Vy'orks or his/her designate.

(b) The Township may, at any reasonable time, enter upon any land within themunicipality or within an adjoining municipality and lying along any highway underits jurisdiction, including land owned by Her Majesty in right of Ontario, for thepurpose of erecting and maintaining a snow fence, at the expense of the Township.

(c) No person shall damage, ¡emove or interfere with, a snow fence erected ormaintained by the Township pursuant to this by-law.

(d) The cost of repairing or replacing a snow fence erected or maintained by theTownship, shall be recoverable by the Township from the person who damaged,removed or interfered with them.

(Ð

(ii)

(a)

Page 159 of 222

7. SWIMMINGPOOLS

(a) If an existing, prìvately owned outdoor pool, rogether with any fences and gates,conformed with the previous swimming pool bylaws (By-Laws No. 3l-19ggand By-Law No. 19-1993), it is deemed to be exempt from the provisions of theswimming pool section of this byJaw.

(b) A building permit shall be required for every privately owned ourdoor pool,together with the fences and gates, in all circumstances where, in the case of anew pool, an existing dwelling is already situated on an adjacent property withina distance of200 metres or, in the case ofan existing pool, where a new dwellingis lawfully constructed on any vacant, adjacent property \4/here the new residenceis within 200 metres of the pool. In the latter circumstances, the building permitshall be obtained and the required fence and gate shall be installed prior tooccupancy of the new dwelling on the adjoining property. In cases where aproperty will be in non-compliance with this by-law by reason of an adjacentresidence being constructed closer than 200 metres, prior to the passing of thisbylaw, the owner of the swimming pool will have I (one) year from the date ofpassing of this bylaw to come into compliance, A building permit is notrequired for an existing or new privately owned outdoor swimming pool which isat least 1.35 met¡es (4.43 feet) above ground provided it is equipped with alockable or removable security ladder.

(c) Except as provided above, the owner of every privately-owned outdoor swimmingpool shall erect and maintain, a fence and gate or gates around such swimmingpool, which shall comply with the following requirements:

(i) Fences and gates ofchain link construction shall utilize 14 gauge orheavier wire and shall have a maximum mesh opening of 5centimetres measured in any direction.

(iÐ Every fence or gate whether of chain link, wood construction orwrought iron shall not be less rhan 1.5 mefres (4.92 feet) in height,shall commence not more than 5 centimetres above ground level atany point, shall not be constructed of horizontally overlappingmaterials, shall provide for vertical openings of no more than 5centimetres for chain link and wood construction and 10 centimetresfor wrought iron fences, shall not otherwise facilitate climbing, andshall be supported by sufficient vertical structural members and bereinforced by sufficient horizontal and vertical structu¡al members tomaintain the overall structural soundness of the fence and gate.

(iii) Every gate shall be equipped with a self-closing device and self-latching device. Every self-latching device shall be located on thepool side of the fence at the tip of the gate and shall work with a self-closing device to keep the gate securely closed when not being heldopen.

(iv) No barbed wire shall be utilized.

(v) No electrical curent shall be utilized.

(d) No person shall place water in a privately owned outdoor swimming pool orallow water to remain therein unless a fence and gate or gates have beenerected and every such fence or gate shall conform to the provisions of thisbylaw.

(e) A building or a structure may be utilized to meet the requirements of thissection. Ifthe main residence is used there must not be direct egress to thepool.

Page 160 of 222

(Ð A boundæy fence, which meets the specif,rcations of this section, may be usedto meet the requirements of this section.

(g) All outdoor pools for which a permit is required shall comply with the set-back requirements of the Township Zoning ByJaw.

8. LEGAL NON-COMPLIANCE

(a) Subject to any other provisions of this bylaw, fences legally established prior to andexisting as of the date of passing of this bylaw which do not comply with theprovisions of this byJaw shall be deemed to be legaì non-complying and nothing inthis bylaw shall prevent the strengthening or restoration to a safe condition of such afence provided it is not located within any sight triangle, and provided that less than50Vo of the area of the fence is in need of repair. If a fence is in need of repair ofmore than 50Vo of the area of the fence, the fence shall be deemed to have beendestroyed and shall be removed.

(b) Where for any reason, an existing non-complying fence is replaced or removed suchnon-complying use shall be terminated and any such new fence constructed shallconform to the provisions of this bylaw.

(c) Notwithstanding the provisions of Section 8 (a), a fence may be deemed to be asafety hazard by Council.

(d) A fence that is deemed to be a safety haza¡d shall be forthwith removed by the ownerof the property at the owner' s expense.

9. MAINTENANCE OFFENCE

The owner ofthe land on which a fence is erected shall maintain such fence in good state ofrepalr.

10. ADMIMSTRATION, ENFORCEMENT AND PENALTIES

(a) The Municipal By-Law Enforcement Officer, upon written complaint by a propertyowner of the Township of Mulmur and/or by direction of a ¡esolution passed by theCouncil of the Township of Mulmur shall administer and enforce the provisions ofthis By-Law.

(b) The Township shall have the power to enter a property and remedy breaches ofthisbyJaw, at the expense of the owners and occupiers. The expense shall include theinternal and external costs incurred by the Township, including the cost of anyrestoration. The internal costs ofthe Township include the administrative, labour andmaterial costs allocated to the doing of the work, including the reasonable overheadof the Township, together with such interest as may be allowed by the Munìcipal Act,2001, or the bylaws of the Township.

(c) The expenses may be recovered pursuant to the provisions of the Municipal Act,2001, s.427.

(d) Except as otherwise provided in this section, any person who contravenes anysections 2,3.(a),5.(a), 5.(b), 5.(c), 6.(c), 7.(a),7.(b),9 ofthis By-law is guilty ofanoffence and subject to the provisions of the Provincial Offences Act.

(e) Each day ofcontravention is a separate offence.

Page 161 of 222

Upon the approval of the set fines established pursuant to the provisions of this By-law, any person who contravenes sections of this By-law as specified in the approvedSet Fines Schedule, is liable to the set fines as set out in the said Set Fines Scheduleas amended from time to time.

(g) Any person found to be in contravention ofsections ofthis ByJaw specified in theSet Fines Schedule shall be issued a notice of such contravention. Every such personmay, within7Z hours of the time when such notice was issued, pay at the TownshipMunicipal offices the set fine or fines as set out in Set Fines Schedule for and in fultsatisfaction of such contravention. The failure of such person to pay the set finesubjects him or her to the penalties hereinbefore provided for the violation of theprovisions of this ByJaw.

(h) The set fines shall come into force and effect upon receipt ofthe Judge's order fromthe Ministry of the Attorney General, and the approved Set Fines Schedule shallthereupon be annexed to this By-law

11. VALIDITY

Ifany section, subsection or provision ofthis byJaw is for any reason declared by a court ofcompetentjurisdiction to be invalid, the same shall not effect the validity of the byJaw as a

whole or any part the¡eof other than the section, clause or provision so decla¡ed to be invalidand it is hereby declared that all remaining sections, clauses orprovisions ofthis bylaw shallremain in force and effect until repealed, notwithstanding that one or more provisions thereofshall have been decla¡ed to be invalid.

I2. REPEAL

By-Law Numbers 31-1988 (swimming pool),19-1993 (swimming pool), l3-1983 (fences),and36-94 (fences bordering public highways) are hereby repealed

13. EFFECT

Except as otherwise specifically stated, this by-law shall come into force and take effect onthe date of its fìnal passing.

ByJaw No. 14-06 read a fi¡st, second and third time and duly passed this 20'" day of June, 2006.

Clerk

(f)

Page 162 of 222

Good Fences Make Good Neighbours

What is a good fenceo Mulmur Township By-Law No. L4-2006, states:o (1. (c)) A fence means any barrier or structure constructed ... for the purpose of

screening, safeguarding, retaining or enclosing, or delineating property lines. (4. (a)) The

location of any fence shall either be located directly on the lot line ... or shall be locatedontheinsideofthelotline.(3.(a)) Nopersonshallerect...afence...higherthanL.33meters (6 feet) above grade ... The only exception for this is commercial zone.

Why do we have By-Laws, regulation, rules, etc.o Ensure common standards through time as land/home owners changeo Help protect land owner's and neighbouring land owners' property valueo Ensure quality and standards are met and maintained through timeo Safety for residents, neighbours, guests, and emergency people

lf a fence does not meet the requirement of a good fence, then it must not be a good fence

o

a

a

8 Foot Fence between 36 & 38 Somerville Crescent. Why does 38 Somerville require an exception???

o Land is not commercialo No significant change in land elevation (see image A)

o wirr.set ;,T:i:1ï"1fi'"""'ï:; ïiffåi:ü:,i'Jüi,,"", rence on the property

I Other Township Residents may use this as a justification for an exceptiono 8 foot fence will allow ground, next to the fence, to build up while maintaining privacy

I *;ro#J;;;.i'.:i: }":,{!1tr* T r;Li :: :,,::t'. ïì:., a n d r .wonto our lot

. By-Law No. 07-06; section 4.02 (D) - Storm water shall be drained fromyards in a manner designed to prevent excessive ponding or theentrance of water into a basement or cellar of other property owners.

o By-Law No. 07-06; sect¡on 4.02 (B) - No roof drainage or waste water ofany kind shall be discharged on public sidewalks or neighbouringproperty

o 3 5':' i:'l:"'.ï ffi i:,: :i:i ll": l: :J:J,'.","i il i-... l[1H0,ü'0,

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home sales (lower prices/value)I This yard was denied an 8 foot fence. There have been several complaints about this fence

Proposed fenceo 8 feet high

. Height of an average ceiling and walls in a house

o 26.25 feet (8 meters) from house on 36 Somerville Crescent (see image A & D). About 6 inches inside 38 Somerville Crescent property line

o Presently posts are installed

Page 163 of 222

o

o

. 8 feet above ground (see lmage E)

. Wellabove sight of the pooland yardr Owner will cut post to size when required (Stated in E-Mailfrom Terry Horner,

May 1.4,2O741

Projected view 6 foot fence (see lmage F)r Meets local By-Lawsr Meets the township description of a Good Fencer Provides adequate privacy

o (Posts shown = 8 ft., therefore % of height = 6 ft.)Projected view 8 foot fence (lmage G)

r Does not meet local By-LawsI Neither adjacent property is a commercial property! Does not meet the description of a Good FenceI lncrease cost in maintenance

o 33.33 lo mo¡e wood (2 feet higher) than a 6 foot fence, thereforeproportional increase in costs and maintenance

o Future (or current) owner may neglect maintenance, due to costso By-Law No. 07-06; section 4.04 (A)- Accessory buildings and

fences shall be kept in good repair and free from health, fireand accident hazards.

r Excessiveo Lower the appearance and value of neighbour's home

o Through time fences are often neglectedo Both propert¡es are standard L acres (see image C)

. Does it really provide that much more privacy (see image F & G)

Page 164 of 222

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