AGENDA - General Committee - 20200908Town of Aurora
General Committee
Meeting Revised Agenda
Date:Tuesday, September 8, 2020
Time:7 p.m.
Location:Council Chambers, Aurora Town Hall
Pages
1.Procedural Notes
Note: Aurora Town Council has resumed in-person meetings. For more
information on attending in-person meetings, please email clerks@aurora.ca.
Additional Items are marked by an asterisk*.
Councillor Gallo in the Chair
2.Approval of the Agenda
3.Declarations of Pecuniary Interest and General Nature Thereof
4.Community Presentations
5.Delegations
Individuals who would like to provide comment on an agenda item are
encouraged to visit www.aurora.ca/participation for guidelines on in-person or
electronic delegation.
6.Consent Agenda
7.Advisory Committee Meeting Minutes
7.1 Mayor's Golf Classic Funds Committee Meeting Minutes of July 30, 2020 1
That the Mayor's Golf Classic Funds Committee meeting
minutes of July 30, 2020, be received for information.
1.
8.Consideration of Items Requiring Discussion (Regular Agenda)
8.1 OPS20-013 - Review of Urban Forest Study and Associate Forestry
Policies
8
That Report No. OPS20-013 be received; and1.
That Planning & Development Services present a Town initiated
amendment to the Comprehensive Zoning By-Law to confirm
and define the requirement for a landscape strip for all zones as
required for the purposes of tree planting and supporting soil
volume; and
2.
That the definition of a Landscape Strip be changed to require a
minimum 3.0m un-obstructed width solely for the purpose of tree
planting and supporting soil volume; and
3.
That the Landscape Design Guidelines be amended to:4.
Clarify the soil depth required within Landscape Strips be a
minimum 0.6m continuous topsoil depth; and
a.
Increase the Boulevard topsoil depth from 300mm to
450mm continuous depth; and
b.
That the Town of Aurora's Engineering standards be reviewed
and revised to support an increase in topsoil depth within Town
boulevards; and
5.
That the Tree Removal/Pruning and Compensation Policy be
amended as described in Report No. OPS20-013; and
6.
That a by-law to amend the Tree Permit By-law (Number 5850-
16) be enacted at a future Council meeting to:
7.
Confirm the minimum tree size for compensation be 5cm
trunk diameter or greater; and
a.
Refer compensation requirements for minor variance,
consent to severe, stable neighbourhoods, site plan and
subdivision applications to the Tree Removal/Pruning and
Compensation Policy; and
b.
Forbid tree removal permits from being issued from April 1st
to August 31st in respect of the Migratory Birds Convention
Act; and
c.
That the Tree Protection/Preservation Policy and the Tree
Planting and Approved Plant List Policy be amended as
described in Report OPS20-013.
8.
8.2 CMS20-020 - Pandemic Recovery Planning – Update No. 2 23
That Report No. CMS20-020 be received for information.1.
8.3 OPS20-009 - By-law Regulating Occupancy, Works, Fouling and
Encroachments on Highways
33
That Report No. OPS20-009 be received; and1.
That the Highway Occupancy and Encroachment By-law, being
a by-law to regulate occupancy, fouling and encroachment onto
municipal highways and the repeal of By-law Nos. 4734-05.P,
4744-05.P and 5733-15, be brought forward to a future Council
meeting for enactment.
2.
8.4 FIN20-021 - Bill 197 – Update on Proposed Legislative Changes to
Development Charges Act and Planning Act
68
That Report No. FIN20-021 be received for information.1.
8.5 FIN20-022 - 2020 Year End Surplus/Deficit Financial Control By-law 80
That Report No. FIN20-022 be received; and1.
That a bylaw be enacted to authorize the Treasurer and the
Chief Administrative Officer to make the following year-end
financial adjustments:
2.
to allocate any 2020 Operating Fund surplus or deficit as
set out in Report No. FIN20-022; and
a.
to allocate any 2020 surplus or alternatively fund any deficit
in the Water, Wastewater, or Storm water budgets to or
from the appropriate related reserve accounts; and
b.
That the Treasurer and Chief Administrative Officer report to
Council after the year end surplus/deficit control adjustments
and allocations have been completed.
3.
8.6 FIN20-023 - Safe Restart Funding 86
That Report No. FIN20-023 be received for information.1.
9.Notices of Motion
9.1 Councillor Kim; Re: Sidewalk Installation Policy 90
9.2 Councillor Gallo; Re: Property Acquisition - Library Square 92
*9.3 Councillor Thompson; Re: Audio Recordings of Closed Session Meetings 93
*9.4 Councillor Thompson; Re: Construction of Gymnasium at the SARC 95
10.New Business
11.Public Service Announcements
12.Closed Session
There are no Closed Session items for this meeting.
13.Adjournment
Town of Aurora
Mayor’s Golf Classic
Funds Committee
Meeting Minutes
Date: Thursday, July 30, 2020
Time and Location: 10 a.m., Video Conference
Committee Members: Nancy Harrison (Chair, departed at 11 a.m.), Koula Koliviras
(Vice Chair), Barb Allan, Wendy Browne, Rosalyn
Gonsalves, Heidi Schellhorn, and Beverley Wood
Member(s) Absent: None
Other Attendees: Councillor Wendy Gaertner, Jason Gaertner, Manager of
Financial Management Services, Michael de Rond, Town
Clerk, and Ishita Soneji, Council/Committee Coordinator
This meeting was held electronically as per Section 20.1 of the Town's Procedure By-
law No. 6228-19, as amended, due to the COVID-19 State of Emergency.
The disbursement of funds being considered by the Mayor’s Golf Classic Funds
Committee is of the funds generated from the annual Aurora Mayor’s Charity Golf
Classic Tournament.
The Chair called the meeting to order at 10:04 a.m.
Nancy Harrison relinquished the Chair to Vice Chair Koula Koliviras at 10:14 a.m. and
resumed the Chair at 10:16 a.m. during the consideration of Application (d) – Salvation
Army.
The Committee consented to resolve into a closed session at 10:26 a.m. and
reconvened into an open session at 10:58 a.m.
Page 1 of 95
Mayor’s Golf Classic Funds Committee Meeting Minutes Thursday, July 30, 2020 Page 2 of 7
1. Approval of the Agenda
Moved by Beverley Wood
Seconded by Heidi Schellhorn
That the agenda as circulated by Legislative Services, including the following
additional item, be approved:
• Application (g) – York Region Rose of Sharon Services for Young Mothers
Carried
2. Declarations of Pecuniary Interest and General Nature Thereof
Nancy Harrison declared a pecuniary interest under the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 respecting Item 1(d), as she is employed with
the organization. Nancy Harrison did not participate in the discussion or voting of
this item.
Barb Allan declared a pecuniary interest under the Municipal Conflict of Interest
Act, R.S.O. 1990, c. M.50 respecting Item 1(b), as she is on the organization’s
Executive Council. Barb Allan did not participate in the discussion or voting of this
item.
Beverley Wood declared a pecuniary interest under the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 respecting Item 1(b), as she is on the
organization’s Executive Council. Beverley Wood did not participate in the
discussion or voting of this item.
3. Receipt of the Minutes
Mayor’s Golf Classic Funds Committee Meeting Minutes of December 5, 2019
Moved by Rosalyn Gonsalves
Seconded by Beverley Wood
That the Mayor’s Golf Classic Funds Committee meeting minutes of December 5,
2019, be received for information.
Carried
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Mayor’s Golf Classic Funds Committee Meeting Minutes Thursday, July 30, 2020 Page 3 of 7
4. Delegations
None
5. Matters for Consideration
1. Applications for Review
(a) Abuse Hurts
The Committee reviewed the application and discussed about the
allocation of funds as proposed by the organization. The Committee
agreed that the application meets the criteria to receive funding from the
Mayor’s Charity Golf Tournament.
Moved by Rosalyn Gonsalves
Seconded by Koula Koliviras
1. That Application (a) be received; and
2. That the Committee grant funding to Abuse Hurts in the amount of
$2,500.
Carried
(b) Welcoming Arms
The Committee reviewed the application and agreed that the application
meets the criteria to receive funding from the Mayor’s Charity Golf
Tournament.
Moved by Wendy Browne
Seconded by Rosalyn Gonsalves
1. That Application (b) be received; and
2. That the Committee grant funding to Welcoming Arms in the amount
of $5,000.
Carried
(c) Women’s Centre of York Region
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Mayor’s Golf Classic Funds Committee Meeting Minutes Thursday, July 30, 2020 Page 4 of 7
The Committee reviewed the application and discussed about the various
aspects of the organization’s programs and activities. The Committee
agreed that the application meets the criteria to receive funding from the
Mayor’s Charity Golf Tournament.
Moved by Heidi Schellhorn
Seconded by Beverley Wood
1. That Application (c) be received; and
2. That the Committee grant funding to Women’s Centre of York Region
in the amount of $3,000.
Carried
(d) Salvation Army
The Committee reviewed the application and discussed the organization’s
efforts to use the funds towards COVID-19 pandemic recovery programs.
The Committee agreed that the application meets the criteria to receive
funding from the Mayor’s Charity Golf Tournament.
Moved by Barb Allan
Seconded by Beverley Wood
1. That Application (d) be received; and
2. That the Committee grant funding to Salvation Army in the amount of
$2,500.
Carried
(e) Kinark Child and Family Services
(f) Kinark Child and Family Services
The Committee discussed Applications (e) and (f) in Closed Session.
(g) York Region Rose of Sharon Services for Young Mothers
The Committee reviewed the application and agreed that the application
meets the criteria to receive funding from the Mayor’s Charity Golf
Tournament.
Page 4 of 95
Mayor’s Golf Classic Funds Committee Meeting Minutes Thursday, July 30, 2020 Page 5 of 7
Moved by Rosalyn Gonsalves
Seconded by Heidi Schellhorn
1. That Application (g) be received; and
2. That the Committee grant funding to York Region Rose of Sharon
Services for Young Mothers in the amount of $5,000.
Carried
6. Informational Items
2. Verbal Update from Town Clerk
Re: Committee Updates
Staff provided an update regarding the available funds thus far and noted that the
Aurora Mayor’s Charity Golf Classic will not be held this year due to the
ongoing pandemic. Staff noted that due to facility closures, formal in-person
cheque presentations to the organizations receiving funds as discussed at
previous meeting will be suspended.
The Committee and staff discussed about the possible means on how
organizations can report back on the utilization of disbursed funds. Staff noted that
a requirement for organizations to report back to the Town within a determined
timeframe in anyway they deem appropriate regarding how the funds were utilized
will be noted on the Application to Receive Funds.
Moved by Beverley Wood
Seconded by Barb Allan
1. That the verbal update regarding Committee Updates be received for
information.
Carried
7. Closed Session
Moved by Wendy Browne
Seconded by Beverley Wood
That the Committee resolve into a Closed Session to consider the following matter:
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Mayor’s Golf Classic Funds Committee Meeting Minutes Thursday, July 30, 2020 Page 6 of 7
3. Personal matters about an identifiable individual, including municipal or local
board employees (Section 239(2)(b) of the Municipal Act, 2001); Re:
Application (e) – Kinark Child and Family Services
4. Personal matters about an identifiable individual, including municipal or local
board employees (Section 239(2)(b) of the Municipal Act, 2001); Re:
Application (f) – Kinark Child and Family Services
Carried
Moved by Koula Koliviras
Seconded by Beverley Wood
That the Committee meeting be reconvened into an open session to rise and
report out from Closed Session.
Carried
3. Personal matters about an identifiable individual, including municipal or
local board employees (Section 239(2)(b) of the Municipal Act, 2001); Re:
Application (e) – Kinark Child and Family Services
Moved by Wendy Browne
Seconded by Heidi Schellhorn
1. That application (e) be received; and
2. That the confidential direction to staff be confirmed.
Carried
4. Personal matters about an identifiable individual, including municipal or
local board employees (Section 239(2)(b) of the Municipal Act, 2001); Re:
Application (f) – Kinark Child and Family Services
Moved by Wendy Browne
Seconded by Barb Allan
1. That application (f) be received; and
2. That the confidential direction to staff be confirmed.
Carried
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Mayor’s Golf Classic Funds Committee Meeting Minutes Thursday, July 30, 2020 Page 7 of 7
6. Adjournment
Moved by Heidi Schellhorn
Seconded by Rosalyn Gonsalves
That the meeting be adjourned at 11:05 a.m.
Carried
Page 7 of 95
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
General Committee Report
No. OPS20-013
______________________________________________________________________
Subject: Review of Urban Forest Study & Associated Forestry Policies
Prepared by: Gary Greidanus, Senior Landscape Architect
Department: Operational Services
Date: September 8, 2020
______________________________________________________________________
Recommendation
1. That Report No. OPS20-013 be received; and
2. That Planning & Development Services present a Town initiated amendment to
the Comprehensive Zoning By-Law to confirm and define the requirement for a
landscape strip for all zones as required for the purposes of tree planting and
supporting soil volume; and
3. That the definition of a Landscape Strip be changed to require a minimum
3.0m un-obstructed width solely for the purpose of tree planting and
supporting soil volume; and
4. That the Landscape Design Guidelines be amended to:
a. Clarify the soil depth required within Landscape Strips be a minimum
0.6m continuous topsoil depth; and
b. Increase the Boulevard topsoil depth from 300mm to 450mm continuous
depth; and
5. That the Town of Aurora's Engineering standards be reviewed and revised to
support an increase in topsoil depth within Town boulevards; and
6. That the Tree Removal/Pruning and Compensation Policy be amended as
described in Report No. OPS20-013; and
7. That a by-law to amend the Tree Permit By-law (Number 5850-16) be enacted at
a future Council meeting to:
a. Confirm the minimum tree size for compensation be 5cm trunk diameter
or greater; and
Page 8 of 95
September 8, 2020 2 of 10 Report No. OPS20-013
b. Refer compensation requirements for minor variance, consent to
severe, stable neighbourhoods, site plan and subdivision applications
to the Tree Removal/Pruning and Compensation Policy; and
c. Forbid tree removal permits from being issued from April 1st to August
31st in respect of the Migratory Birds Convention Act.
8. That the Tree Protection/Preservation Policy and the Tree Planting and
Approved Plant List Policy be amended as described in Report OPS20-013
Executive Summary
This Report provides Council with information regarding the review of the Urban Forest
Study (UFORE Study), associated Policies, and provides policy update
recommendations:
Town’s Zoning By-law should fully support Landscape Design Guidelines for new
development areas.
Improvement to soil conditions in new residential subdivision boulevards can
maximize the potential for sustainable street tree growth.
Ambiguity between Tree Removal/Pruning and Compensation Policy and Tree
Permit By-law requires clarification of minimum diameter compensation
requirements.
Updates required in Tree Removal/Pruning and Compensation Policy to address
a number of factors.
Tree Protection/Preservation Policy requires “housekeeping” updates only.
Tree Planting and Approved Plant List Policy requires minor updates.
References to the Migratory Birds Convention Act require clarification of Town’s
position regarding tree removals.
Unauthorized tree removals clarified in the Vegetation Management Agreement.
Aurora’s Tree Permit application Fees compared to local municipalities.
Background
Council adopted the UFORE Study in 2015 and directed staff in February 2020 to
review the Study and bring back a report to a future General Committee meeting. The
UFORE Study was initially prepared. The Study was prepared in partnership with York
Region, Toronto and Region Conservation Authority and Lake Simcoe Region
Conservation Authority. The purpose of the UFORE Study was to assess the
distribution, structure and function of Aurora’s urban forest, and to provide management
recommendations for enhancing the sustainability of both the urban forest resources, as
well as the community as a whole. A summary of these management recommendations
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September 8, 2020 3 of 10 Report No. OPS20-013
are provided (Attachment #1) with the accompanying 2015 action plan items as well as
a 2019 update.
York Region is currently in the process of developing a timeframe for the for the urban
forest update in partnership with local municipalities and conservation authorities. The
update will be a two (2) year process with fieldwork completed in the first year of the
update, with analysis and reporting completed in year two (2) of the update. At this time,
there is no established schedule to complete the update for the Town of Aurora. In
consultation with York Region regarding the costs of this future update, staff has
included a placeholder within the Capital Budget for 2022/2023 for the amount of
$15,000. As the current UFORE Study serves as a baseline for future research,
management and monitoring, accordingly, several policies were developed and/or
refined to assist in the implementation of a number of the UFORE Study
recommendations. These policies include:
Landscape Design Guidelines – June 2015
Tree Removal/Pruning and Compensation Policy – June 2015
Tree Protection/Preservation Policy – June 2015
Tree Planting and Approved Plant List Policy – June 2015
Vegetation Management Agreements
As well, the Town of Aurora Tree Permit (By-law Number 5850-16) has ramifications on
the recommendations of the UFORE Study. Since the York Region update schedule for
Aurora has not yet been determined, this Council report will therefore review the policies
and Tree Permit By-law to determine where changes are required to best address the
intent of the UFORE recommendations in the short term.
Analysis
Town’s Zoning By-law should fully support Landscape Design Guidelines for new
development areas
The Landscape Design Guidelines address landscape standards for new development
areas and include the requirement for side lot and rear lot tree plantings. In support of
the UFORE Study recommendation #2, tree planting in new development areas improve
the distribution of ecosystem services including urban heat island mitigation and storm
water management. Currently the Town’s Zoning By-law does not adequately address
the requirement for side and rear lot line plantings that depend on adequate building
setbacks and suitable landscape strips. The definition of “Landscaping / Landscape
Strips” within the Zoning By-law permits decorative stonework, paving, curbs and
retaining walls to be located within landscape zones. This directly conflicts with the
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September 8, 2020 4 of 10 Report No. OPS20-013
ability to plant trees and provide adequate soil volume to support the healthy growth and
long term viability of trees. Furthermore, the various zone requirements in the By-law do
not all indicate that a landscape strip is required; a landscape strip is only required
adjacent to any Residential Zone.
Recommendation:
That staff coordinate with Planning & Development Services to bring forth a future
Zoning By-law Amendment to require landscape strips for commercial, industrial and
employment zones. In addition, the definition of landscape strips clarify the requirement
of a minimum of 3.0m un-obstructed width solely for the purpose of tree planting and
supporting soil volume (i.e., unobstructed by curbs, sidewalks, retaining walls and
associated geotextiles and engineered fill that precludes tree plantings). Accordingly,
the Landscape Design Guidelines should define the soil depth required within
landscape strips as a minimum of 0.6m continuous topsoil depth.
Improvement to soil conditions in new residential subdivision boulevards can
maximize the potential for sustainable street tree growth
Recommendation #8 of the study addresses sustainable streetscape and subdivision
design to ensure adequate soil quantity for street tree establishment. With the
development of the 2B residential areas, staff revised Town guidelines to increase the
amount of boulevard topsoil to a 300mm depth, (as is currently reflected in the
Landscape Design Guidelines). However, staff feel that this is still insufficient for proper
growth and development of a mature streetscape canopy considering the harsh
environment and increased ecological factors e.g. drought.
Various municipalities have developed standards for soil quantity to support street tree
growth. The Toronto Green Development Standards (2007) recommends minimum of
30 m3 of high quality soil volume per tree. Based on the Town’s current standards
assuming a 3.0m width, unobstructed boulevard the volume of soil provided per tree in
Aurora subdivisions is approximately 11 m3. Staff understand the restrictions in
boulevards associated with the various road widths, sidewalks, and utility and services
requirements however, improvements can be achieved.
Recommendation:
Increase boulevard topsoil depth from 300mm to 450mm, which will result in an average
of 16 m3 of soil per tree, and that engineering standards be reviewed and revised to
support an increase in topsoil within Town boulevards.
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September 8, 2020 5 of 10 Report No. OPS20-013
Ambiguity between Tree Removal/Pruning and Compensation Policy and Tree
Permit By-law requires clarification of minimum diameter compensation
requirements
The Tree Removal/Pruning and Compensation Policy currently requires compensation,
in the form of a fee payment or replacement plantings, for trees with a 5cm trunk
diameter or greater, removed from a development site, whereas the Tree Permit By-law
is relevant to removal of trees greater than 20cm trunk diameter. This has led to
confusion from applicants in determining the necessary size for inventory and
compensation, where trees between 5cm and 20cm are not accounted in
compensation.
Recommendation:
That the Compensation Policy be applicable to all development-type applications
including minor variances, severances, stable neighbourhood applications, site plans
and subdivision applications. Accordingly, the Tree Permit By-law should refer to the
Compensation policy as the guiding mechanism for development-related tree
compensation matters.
Updates required in Tree Removal/Pruning and Compensation Policy to address a
number of factors
The administration of the Tree Removal/Pruning and Compensation Policy has led to a
number of questions from applicants and issues requiring clarification.
1.0 The Compensation Policy bases compensation on a monetary value for both
assessing existing trees and determining replacement trees. Concerns have been
expressed that trees offer more than just a monetary value to any given property
including cultural value, ecological value (habitat, etc.) as well as value associated
with carbon sequestering, and that these values should be considered in terms of
compensation as well. Staff have concerns that assessing trees by standards other
than monetary value is subjective and difficult to standardize, or uphold under legal
scrutiny.
Recommendation:
That the Compensation Policy not be expanded to adopt other than monetary
evaluations and the Town continue to utilize the well-established Aggregate Inch
Method evaluation tool to determine compensation.
2.0 The “Pruning” component of the policy is more of a technical specification geared
towards in-house standards for pruning techniques with the balance of the Policy
relating toward development applications.
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September 8, 2020 6 of 10 Report No. OPS20-013
Recommendation:
That the “Pruning” component be removed from this policy and be adopted as a
separate Policy.
3.0 The Tree Removal/Pruning and Compensation Policy does not currently address
non-native species which applicant’s expect will be exempted from the Policy. Since
the UFORE Study is concerned with enhancing the overall canopy cover, non-native
species should remain, as they add to the green landscape and general objectives.
Recommendation:
That non-native species be included in compensation requirements, and that the
Species Rating List, currently appended to the Compensation Policy, be revised to
address a lower species rating (utilized to calculate compensation) for non-native
vegetation.
4.0 The value of tree compensation on development sites is based on replanting with
available sizes of nursery stock, with the largest size noted in our Compensation
Policy being, a 60mm trunk diameter deciduous tree and a 200cm height coniferous
tree. In order to address the loss of more mature trees, in some situations the site
conditions may allow larger caliper trees be planted.
Recommendation:
Addition of language in the Compensation Policy to indicate, at the discretion of the
Town and based on site conditions and opportunities, that larger caliper trees be
provided including tree-spading of larger trees. Additionally revisions need to occur
to the replacement schedule addressing compensation sizes for meadows and
woodlot areas:
Tree Size (cm)
(Unchanged) Existing Replacement Proposed Replacement
Quantity of
Replacement
Nursery Stock
(Unchanged)
5 - 10 5 gal pots
(1.0 – 3.0m tall)
150cm ht. conifer tree
45mm deciduous tree
1
11-20 150cm ht. conifer tree
45mm deciduous tree
175cm ht. conifer tree
60mm deciduous tree
2
>20 175-200cm ht. conifer
60mm deciduous tree
200cm ht. conifer tree
70mm deciduous tree
3
5.0 Clarification is required for compensation plantings related to the Town’s minimum
planting standards for development sites.
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September 8, 2020 7 of 10 Report No. OPS20-013
Recommendation:
That street trees, as a long-standing minimum requirement are not be eligible for
compensation; however, open space plantings, buffer plantings and storm water
management facility plantings, be eligible for compensation plantings.
6.0 The current Compensation Policy includes compensation for shrub plantings. Since
shrubs can be difficult to categorize in terms of size and are not typically included in
vegetation surveys.
Recommendation:
To delete shrubs from the Compensation Policy.
7.0 Additional changes need to occur within the policy. Trees suffering from invasive
species attack and that are threatened are not captured. In addition, a multi-stem
tree requires further definition.
Recommendation:
Exempt Ash Tree species from the Compensation Policy due to emerald ash borer;
and multi-stem trees be defined as the total diameter of the three (3) largest stems.
Tree Protection/Preservation Policy requires “housekeeping” updates only
The intent of the Tree Protection / Preservation Policy is to prevent or minimize damage
to trees during land development, construction work, and maintenance activities. This
Policy focuses on both development impacts as well as the maintenance and
responsibilities for municipal staff for municipal projects. The components regarding the
management of development and construction impacts on trees refers to the
Compensation Policy and Landscape Design Guidelines. Therefore, no major changes
or updates are required, with the exception of housekeeping updates to keep it current.
Tree Planting and Approved Plant List Policy requires minor updates
The purpose of the Tree Planting and Approved Plant List Policy is to make available in
one reference all the various aspects of tree planting on both municipal and private
lands. The Policy refers to the Landscape Design Guidelines and updates are required
where information conflicts between the two documents. It also addresses species
diversity, an important component in the long-term health of the urban forest. The ‘Tree
Species and Site Suitability’ table within this document requires updating, specifying the
most suitable trees for urban conditions, primarily streetscape conditions, based on the
lessons learned of utilizing a number of species in the past and changing climate.
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September 8, 2020 8 of 10 Report No. OPS20-013
References to the Migratory Birds Convention Act require clarification on Town’s
position regarding tree removals
The Vegetation Management Agreement is a development agreement utilized to
implement the vegetation management initiatives of the various Policies addressed
herein. In the past, this Agreement has been referred to as a Tree Preservation / Tree
Removal Agreement. The Vegetation Management Agreement to date has been silent
on the implications of the Migratory Birds Convention Act.
The Tree Permit By-law indicates that a Permit will not be approved or issued where
approval would be in contravention of the Migratory Birds Convention Act, however,
regulation of this condition is difficult to manage.
The Migratory Birds Convention Act prohibits the harming of migratory birds, or the
disturbance or destruction of nests or eggs. The nesting season of migratory birds
varies by species and habitat preferences but is generally identified between April 1st
and August 31st with the core nesting season in our region identified as mid-April to the
end of July. The period of time between the general and core nesting season is
considered the ‘shoulder’ season and it is typically regarded as ‘due diligence’ within the
environmental professions to allow removals, as long as an avian expert does a nest
sweep of the trees to be removed and confirms that no nests are present.
In order to avoid the responsibilities of managing the implications of the Migratory Birds
Convention Act by Town staff, who are not avian specialists, and to reduce the liabilities
of the Town in administering the requirements of the Migratory Birds Convention Act, an
amendment to wording is required.
Recommendation:
That both, the Tree Removal Permit application and the Vegetation Management
Agreement template confirm that tree removals will not be permitted between April 1st
and August 31st unless the trees are considered hazardous.
Unauthorized tree removal activity, clarified in the Vegetation Management
Agreement
In the administration of a recent Vegetation Management Agreement, portions of trees
were removed during tree clearing operations, not identified for removal on the plans or
in the field, nor were they identified to Town staff prior to removal. Compensation in this
situation is addressed by the Town’s standard specifications, a requirement on the tree
preservation and removal plans, which refers to the Town’s Compensation Policy
whereby the trees are evaluated monetarily with additional compensation provided
through fees or compensation planting.
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September 8, 2020 9 of 10 Report No. OPS20-013
Language should be included in the Vegetation Management Agreement template to
prohibit additional tree removals without prior notification to the Town and unauthorized
tree removals will be subject to the Tree Protection Bylaw fines
Aurora’s Tree Permit application fees compared to local municipalities
Council inquired if the current application fees to remove trees under the Tree Removal
Permit are adequate. Staff have completed comparison to fees charged by
neighbouring municipalities. Attachment #2 identifies compares tree removal permit
fees in York Region.
Advisory Committee Review
Not applicable.
Legal Considerations
To amend the Zoning By-law, the Town will be required to have at least one public
meeting to give the public an opportunity make representations on the proposed
amendments. There will also be appeal rights as set out in the Planning Act.
The policies will be amended upon Council approving the staff recommendations set out
in this report.
Financial Implications
There will be financial implications associated with the proposed changes to the Tree
Removal/Pruning and Compensation Policy in the form of replacement tree planting
requirements and/or fees payable to the Town by applicants.
Communications Considerations
The Town of Aurora will use ‘Inform’ as the level of engagement for this project. There
are five different levels of community engagement to consider, with each level providing
the community more involvement in the decision making process. These levels are:
Inform, Consult, Involve, Collaborate and Empower. Examples of each can be found in
the Community Engagement Policy. These options are based on the International
Association of Public Participation (IAP2) Spectrum and assist in establishing guidelines
for clearly communicating with our public and managing community engagement. In
order to inform, this report with be posted to the Town’s website.
Page 16 of 95
September 8, 2020 10 of 10 Report No. OPS20-013
Link to Strategic Plan
The UFORE Study supports the Strategic Plan Goal of Investing in sustainable
infrastructure by maintaining infrastructure to support forecasted population growth
through technology, waste management, roads, emergency services and accessibility.
Alternative(s) to the Recommendation
1. Council could receive Report OPS20-013 and adopt any or all of the
recommendations outlined within the Report.
2. Council could defer Report OPS20-013 back to staff for additional information or
revisions.
Conclusions
That the review of the Urban Forest Study and associated Policies be received by
Council and that the amendments to the various Policies be adopted as recommended.
Attachments
Attachment #1 – UFORE Recommendations Update
Attachment #2 – Tree Removal Permit Fee Comparisons
Previous Reports
PR14-035 Urban Forest Study (UFORE) – July 29, 2014
PR15-026 Urban Forest Management Plan & Policies – November 17, 2015
Pre-submission Review
Agenda Management Team review on August 20, 2020
Approvals
Approved by Sara Tienkamp for Al Downey, Director, Operational Services
Approved by Doug Nadorozny, Chief Administrative Officer
Page 17 of 95
UFORE Study Recommendations Update – 2019 Attachment #1
UFORE RECOMMENDATION 2015 ACTION PLAN 2019 UPDATE
1. Refine the results of the urban tree canopy (UTC) analysis to develop an urban forest cover target.
Staff will continue to work with our Urban Forest Consultant, Silvicon, in an effort to develop achievable canopy targets and a strategy to implement a plan to increase canopy cover. Staff will report back to Council with appropriate recommendations as the information becomes available.
Updated tree inventory in 2015 and 2018. Inventory updates are planned for capital as inventory grows due to development. Official targets have not been set.
2. Build on the results of the urban tree canopy analysis (UTC) and the priority planting index to prioritize tree planting and establishment efforts to improve the distribution of ecosystem services, including urban heat island mitigation and storm water management.
Priority Planting Index has been identified in the scope of works associated with the Update of the urban tree inventory approved as capital project #73148. The planting index will encompass all areas where tree planting can potentially occur in an effort to comply with the recommendation.
Gap analysis has been completed, identifying municipal unplanted street blvd planting areas for which staff utilize to increase canopy cover. Also identifies areas in parks and openspaces, these areas are utilized for community planting events
3. Increase leaf area in canopied areas by planting suitable tree and shrub species under existing tree cover. Planting efforts should continue to be focused in areas of the Municipality that currently support a high proportion of Ash species.
This recommendation will be addressed in concert with the provision in the Landscapes Standards included in Appendix1 Policy A.
In addition staff have been working to help regenerate woodlots where large tracts of Ash dominant forest have been removed by EAB. This has been supported through partnerships with MNR Rangers program.
4. Utilize the Pest Vulnerability Matrix during species selection for municipal tree and shrub planting.
Staff have developed a tree and shrub planting list that take into consideration pest vulnerability included in Appendix 2 Policy B Tree Planting and Approved Plant List.
Ongoing
5. Establish a diverse tree population in which no species represents more than five per cent of the tree population, no genus represents more than 10% of the tree population, and no family represents more than 20% of the intensively managed tree population both municipal-wide and at the neighbourhood level.
This Recommendation has been addressed in Appendix 2, Policy B on page 2, section 2.0.
Ongoing
6. Utilize native planting stock grown from locally adapted seed sources in both intensively and extensively managed areas.
Local seed stock has been utilized when available and will continue to be sourced where feasible and where possible.
Ongoing, request this where applicable through procurement of product.
Page 18 of 95
UFORE RECOMMENDATION 2015 ACTION PLAN 2019 UPDATE
7. Evaluate and develop the strategic steps required to increase the proportion of large, mature trees in the urban forest. This can be achieved using a range of tools including Official Plan planning policy, by-law enforcement and public education. Where tree preservation cannot be achieved, Official Plan policy can be considered that will require compensation for the loss of mature trees and associated ecosystem services.
The current Tree protection By-law is an effective tool in the preservation of all trees greater than 20cm. in diameter. Additionally, a new Tree Removal Policy which is Appendix C Policy C establishes significant compensation measures for all trees removed that are subject to any Land Planning related application. The Heritage Tree Policy (Appendix 7 Policy G) is also an effective means to preserve our larger significant trees.
Ongoing
8. Develop municipal guidelines and regulations for sustainable streetscape and subdivision design that ensure adequate soil quality and quantity for tree establishment and eliminate conflict between natural and grey infrastructure.
The Parks and Recreation Services Department has developed and applied minimum landscape standards to all land planning and development applications. More recently these landscape standards have been revised and bolstered and consolidated into Appendix 1 Policy A. This policy establishes all criteria for plant material soils including detailed specifications.
ongoing
9. Explore the application of sub-surface cells and other enhanced rooting environment techniques for street trees. Utilizing these technologies at selected test-sites in the short-term may provide a cost-effective means of integrating these systems into the municipal budget.
Staff has conducted significant
research into the use of sub-surface
cells and enhanced rooting
environment in specialized or difficult
planting sites. An example of this is
the proposed Yonge Street
Promenade landscape project, where
the use of Silvacells is being
investigated as a means to provide a
sustainable streetscape. Pending
available funding this technology will
be recommended and utilized where
possible.
These cells are starting to be
incorporated into design through
developers in hard landscape
designs. Cells are being
proposed through the Library
Square project and will certainly
be explored for the Yonge St
Promenade project in future.
10. Reduce energy consumption and associated carbon emissions by providing direction, assistance and incentives to residents and businesses for strategic tree planting and establishment around buildings.
Staff have been working with LEAF (Local Enhancement &Appreciation of Forests) an organization that partners with municipalities in the planting of trees and shrubs on Private properties. Staff will continue to explore opportunities for funding incentives to develop a sustainable private yard tree planting program in partnership with LEAF or other similar organization to occur in 2016.
This partnership continues currently and is available to residents for a reduced fee, though the Town does not funding incentives in place currently.
11. Research and pursue new partnerships and opportunities to enhance urban forest stewardship in Aurora.
Staff continues to work with the MNR Junior Ranger program each whereby wood lot improvement projects have been conducted in both the Case and Vandorf Woodlots. The Department remains committed to this program and will continue to pursue all available urban forest stewardship opportunities.
Ongoing
Page 19 of 95
UFORE RECOMMENDATION 2015 ACTION PLAN 2019 UPDATE
12. Pursue the development of an urban forest communication plan that guides the dissemination of key messages to target audiences.
Staff will investigate the implementation of a urban forest communications plan and work with our communications division on both content and delivery of key messages on a consistent basis this will be on ongoing initiative commencing in late 2015.
Webpage is constantly updated with Block pruning notices, EAB treatments etc and social media is leveraged now to reach a wider audience through our cross promotion of LEAF/Community planting events etc.
13. Explore the development and implementation of a municipal staff training program to enhance awareness of tree health and maintenance requirements generally, and of proper tree protection practices to be used during construction activities.
Staff responsible for the management of the urban forest receive regular training on all aspects of urban arboriculture and continue to stay abreast of all current forest health issues and tree care.
Ongoing Now include training for summer students, specific to trees and importance of not injuring bark during turf maintenance operation. Engineering retains an arborist for all road reconstruction projects 14. Establish an interagency Urban Forest Working Group to liaise with existing stakeholders and build new partnerships in the implementation of urban forest program objectives.
Staff continue to participate in the York Region Forestry Forum where staff meet on a regular basis with their counterparts in the nine regional municipalities for the purposes of information exchange and discussions on emerging issues in York Region.
Ongoing participation in the York Region Forestry Group Parks and Forestry N6 Groups have been established and meet regularly to discuss and exchange information.
15. Explore and develop targets that achieve a comprehensive distribution of ecosystem services and improve overall landscape function.
Aurora is in the very fortunate positon in that there are many natural and unaltered green spaces and natural features widely distributed throughout the Municipality The future Wildlife Park will add yet another very diverse ecosystem to the Town of Aurora.
Wildlife park now in development with many ecological features being established and extensive planting. LID features being included on development plans, which are planted with many different species and help with water. Highland gate parkland is being naturalized. Staff continue to secure greenspace through development and are working to naturalize parkland through design.
16. Monitor the distribution, structure and function of the urban forest using the methods employed in this baseline study. A potential monitoring scenario may consist of a cover mapping assessment (UTC) at a five year interval and a field-based assessment (i-Tree Eco) at a ten year interval.
Staff will continue to work with York Region and the Metro Region Conservation Authority in an effort to monitor the urban forest at both the five-and ten-year windows, pending available financial resources.
Ongoing Region starting to plan for next round of monitoring in which the Town will be partnering in, pending funding.
17. Support research partnerships that pursue the study of climate change and its impacts on the urban forest and that evaluate the potential for planting more hardy and southern species in select locations.
This recommendation will be taken under advisement and may be considered at a later date in the event that the Corporation becomes involved in such a study.
Status quo. Staff have been in discussions with LSRCA and Regional Forum about effects of climate change and impact on species etc. Staff planting different species currently that have not been able to grow in area – pushing the growing zones and species tolerance.
18. Develop and implement an urban forest management plan for the Town of Aurora.
The Urban Forest Management Plan has been completed and is the subject of this report.
Comprehensive Urban Forestry Management Plan completed in 2015
Page 20 of 95
Tree Removal Permit Fee Comparisons Attachment #2
Municipality Tree Removal Permit Requirements Permit Fees
Aurora -two (2) trees permitted for removal without
permit between 20-60cm in calendar year ( 3rd
tree requires permit)
-Any tree over 70cm
Over 20cm - based on quantity, three (3)-seven (7) trees $204-612
Eight (8) or more additional $102/tree to maximum of $2,552
Over 70cm - $510/tree
Newmarket Bylaw relates only to trees on land owned by
the Town
200% of the value of the actual cost of the tree + 15% admin fee
$750 for the removal + 15% admin fee
$250 for stump grinding + 15% admin fee
Richmond Hill Single tree (over 20cm) Over 20cm - $155 for first tree, $55 for each additional tree up to a
max of $430
Replanting requirement of 1:1 ratio or cash-in-lieu of
$371/tree
Vaughan Single tree (over 20cm) $131.00/tree - $66 permit processing fee
Replanting requirement ratios based on removal size e.g.: 40-60cm
removal size requires 3:1 replanting
Cash in lieu - $550/tree
Markham Single tree (over 20cm) $200 for first tree, $100/tree for each additional with a limit of
$5,000. Replanting requirement ratios based on removal size e.g.:
40-60cm removal size requires 3:1 replanting
Cash in lieu - $300/tree
Page 21 of 95
Tree Removal Permit Fee Comparisons Attachment #2
Municipality Tree Removal Permit Requirements Permit Fees
City of Toronto Single tree (over 30cm) Private, non-construction $121.12/tree
Municipal, non-construction related $362.33/tree
Private/Municipal, construction related $362.33/tree
Boundary, non construction $252.83/tree
Boundary, construction $758.52/tree
Replanting requirement of 1:1 ratio as a minimum or cash-in-lieu of
$583/tree
East Gwillimbury/
King Township/
Whitchurch-Stouffville
No Bylaw/permit
York Region Tree Bylaw only
N/A
Page 22 of 95
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
General Committee Report
No. CMS20-020
______________________________________________________________________
Subject: Pandemic Recovery Planning – Update No. 2
Prepared by: Robin McDougall, Director of Community Services
Department: Community Services
Date: September 8, 2020
______________________________________________________________________
Recommendation
1. That Report No. CMS20-020 be received.
Executive Summary
This report summarizes some of the proposed reopening dates for various Town of
Aurora facilities, programs and amenities as we continue to adjust to Stage 3 of the
Provincial Restart Phase.
As York Region moves to Stage 3, additional facilities, programs and amenities
are being reopened in a phased and coordinated manner
Various Protocols have been created in collaboration with
National/Provincial/Local Sport Guidelines and Public Health Guidelines
A Working Remotely Toolkit has been created to help guide staff who continue to
work from home
Health screening for employees and patrons of facilities is required by the
Provincial Order
Accommodations to the Allocation Policies have taken place in order to support
the Town’s regular user groups
Background
The Province released its Framework for Reopening on May 14, 2020. This Framework
included 3 Phases (Phase 1: Protect and Support, Phase 2: Restart and Phase 3:
Recover). Phase 2 was divided into three stages.
Page 23 of 95
September 8, 2020 2 of 10 Report No. CMS20-020
On June 23, 2020 staff provided an update on the current state of facilities, programs
and amenities as Aurora progressed to Stage 2 in the Provincial Order.
On July 24, 2020, the Province announced that York Region could move to Stage 3 and
subsequently staff have been evaluating and developing plans for reopening.
Analysis
As York Region moves to Stage 3, additional facilities, programs and amenities
are being reopened in a phased and coordinated manner
With the latest announcement that York Region could move to Stage 3, additional
facilities, programs and amenities can be considered for reopening. Through
coordination with National/Provincial/Local Sport Organizations, Public Health and Chief
Medical Officer Guidelines, the following plan builds on the recommendations from the
June 23, 2020 staff report (CMS20-18).
In preparation for the reopening schedule (Table 1), staff continue to consider restarting
services by evaluating the ability to provide a safe and healthy environment, user needs
and capacity to provide the services. This coordination also includes working with
surrounding municipalities to help facilitate the development of standards that will meet
the need of our residents and visitors.
Development of communication tools/signage, sign-in/screening protocols and
sanitization cleaning standards have also been developed and will be in place with each
new amenity or program reopening. Regardless of when the facility, program or
amenity is opened, the public will need to be diligent about personal hygiene and
sanitization as it is not practical or possible for the Town to ensure that all sites are
sanitized at all times.
Table 1
Facility, Amenity
or Program
*Proposed
Opening/
Start Date
**Requirements/Level of Service
Town Hall To Remain
Closed
Closed to the public until future phases
Minimum staff working at Town Hall
Staff continue to provide full range of
services working remotely
The following services are being offered
from Town Hall:
Page 24 of 95
September 8, 2020 3 of 10 Report No. CMS20-020
o All planning & building permit
applications continue to be
accepted and processed
o By Appointment: marriage licenses,
commissioning
o Residents are encouraged to
continue to make payments online
or in-person through their bank or
by cheque using the drop box
In-Person Council meeting August 25,
monitor format for future meetings
Joint Operations
Centre (JOC)
Closed to the
Public
Closed to the public until future phases
Operations/Bylaw Services continue to
provide services out of JOC
Other staff continue to provide full range
of services working remotely
Splash Pads Open
Inspection and cleansing daily as per
Ministry of Health regulations
Trash collection/litter pick-up daily and as
required
Public will need to be diligent about
personal hygiene and sanitization as it is
not practical or possible for the Town to
ensure that all sites are sanitized at all
times
Public Washrooms
in Parks Open
Daily inspections/deep cleaning and twice
daily wipe down of common touch
surfaces as per Ministry of Health
Public will need to be diligent about
personal hygiene and sanitization as it is
not practical or possible for the Town to
ensure that all sites are sanitized at all
times
Sports Fields Open
Commence issuing Permits
Turf mowing
Line painting for ball/soccer on select
fields
Infield grooming for ball
Public will need to be diligent about
personal hygiene and sanitization as it is
not practical or possible for the Town to
ensure that all sites are sanitized at all
times
Page 25 of 95
September 8, 2020 4 of 10 Report No. CMS20-020
Return to Sport – Sports Field protocols
finalized and issued to permit holders
Playgrounds Open
Public need to be diligent about personal
hygiene and sanitization as it is not
practical or possible for the Town to
ensure that all sites are sanitized at all
times
Library August 17
Computer access via reservation
Curbside pickup will continue
Online programing will continue
Hours will be limited
Second floor will be closed
Pool
Open
AFLC pool
Sept.
SARC pool
Private lessons
Lane swim
Aquafit classes
Swim Clubs in September
Limits on number of participants
Change room use needs to be closely
monitored, cleaned and disinfected to
maintain standards
Parent of younger participants can provide
assistance, no spectators
Limited hours of operation
Hot Tub/Spa pool cannot be opened at
this time
Screening being completed by Town
and/or permit holder
Return to Sport – Aquatics protocols
finalized
Ice Pad
August 17
2 pads – ACC
1 pad – SARC
Sept. 16
1 pad – SARC
AFLC pad
Commence issuing permits
Training and modified games, no dressing
rooms, no spectators (parent of younger
players can provide assistance, but once
they are on the ice, parent is to wait
outside facility)
No Spectators
Screening being completed by Town
and/or permit holder
Return to Sport – Arena protocols finalized
and issued to permit holders
Fitness
Centre/Studio August 31 Pre-registration only, no drop in
Page 26 of 95
September 8, 2020 5 of 10 Report No. CMS20-020
*Each of these dates may be impacted by changes in the Provincial Orders.
Various Protocols have been created in collaboration with
National/Provincial/Local Sport Guidelines and Public Health Guidelines
With each facility, program and amenity reopening, consideration is made to the
development of new policies/procedures, communication to the public and user groups,
and evaluating the feasibility of starting up (cost and resource implications).
The following Town of Aurora documents have been created for the reopening of a
particular amenity or program:
Pandemic Recovery Playbook – issued to staff – June 19
Return to Sport – Outdoor Fields – issued June 30
Return to Sport – Aquatics – issued July 17
Return to Sport – Indoor Arenas – issued August 11
Face Coverings in Enclosed Public Spaces – issued July 17
Working Remotely Toolkit – issued August 20
Return to Fitness Club – issued August
Timeslots available to a maximum per
hour
Membership model revised
Fitness classes to be available
Screening will be completed by Town
Gymnasium
August 31
Fitness
Classes Only
Fitness Classes only at this time
Sport play – considering protocols
Seniors Centre Mid Sept
Reopening protocols prepared in consult
with OACAC and public health
Pre-registered programs only
Limited numbers
Limited programs, some programs not
permitted at this time
Program & Meeting
Rooms End of Sept Some Town Programs may commence
end of September
The Loft Unknown Considering protocols
Walking Track Unknown Considering protocols
Squash Courts Unknown Considering protocols
Rock Wall Unknown Not permitted at this time
Page 27 of 95
September 8, 2020 6 of 10 Report No. CMS20-020
A Working Remotely Toolkit has been created to help guide staff who continue to
work from home
As the COVID-19 situation continues to evolve, many Town employees are continuing
to work from home full-time. For some, the experience of working from home is new,
especially for a prolonged period of time. Some are balancing responsibilities with
children and/or sharing their space with another adult who is also working at home.
Work provides a lot of social interaction – more than you may realize and it goes without
saying that these are very different times, which will now require new routines.
While the Pandemic Recovery Playbook (issued June 19 to employees) focusses on
returning to the workplace, the Working Remotely Toolkit is a resource for staff who are
still expected to work from home encouraging employee health and well-being.
Health screening for employees and patrons of facilities is required by the
Provincial Order
The purpose of developing the screening application is to minimize opportunities for
COVID-19 to be transmitted and ensuring that Town employees, patrons and work
spaces are kept safe during the pandemic.
Part of the Return to Sport Guidelines requires that all permit holders perform screening
of their participants at the time of entering the facility. Similarly, the Town will be
screening all program registrants at the facility entrance. With both of these measures
in place, the Town will be able to conduct contract tracing in the event an outbreak
occurs.
For members of Council, employees, visitors to Town Hall or Joint Operation Centre,
and 3rd party vendors/contractors, the Town has developed an electronic screening tool.
This screening tool can easily be accessed via mobile phone or the internet and it asks
questions about an individual’s symptoms, recent travel, and contact they may have had
with people who have had or been exposed to COVID-19. The data collected is
maintained by the Town but will not be shared.
Accommodations to the Allocation Policies have taken place in order to support
the Town’s regular user groups
At the time of closing facilities (March 2019), many user groups/rentals were impacted
by this unexpected closure. In order to assist the user groups/rentals, refunds were
provided for the permit times unused. Subsequently, the user groups were able to
Page 28 of 95
September 8, 2020 7 of 10 Report No. CMS20-020
provide refunds to their registrants. In doing so, the permit cancellation fees were
waived as the need to cancel permits was out of the organizations control.
As staff looked ahead to accepting new permit requests for upcoming seasons, the
deadline to submit requests has passed based on the definition in the Town’s Allocation
Policies. Therefore, to accommodate the unexpected situation, the deadline dates have
been temporarily waved and continue to be reset as the Town adjusts to the ability for
user groups to restart their programs.
Also, as certain amenities come back online while others remain closed,
accommodations have been made to changing locations for some permits. For
example, the Magna fields and St. Andrew’s College fields will not be available this
season. Additionally, it was only recently that the York Catholic District School Board
grass fields became available. A similar situation is occurring with ice user groups with
only 3 ice pads open at this time (typically there are at least 4 in the summer). In all
cases, adjustments to where typical permits are located are being balanced with
requests.
Indoor facilities require the implementation of additional health and safety measures due
to the enclosed spaces (capacity limitations, cleaning frequencies, public directional
flow through facilities, etc.). As an example, additional time is required between ice
user permits to ensure participants do not cross paths with other user groups (one
group needs time and space to leave the facility before the next group comes in). Also,
time to clean high touch points needs to be incorporated into the operational schedule.
With the startup of only 3 ice pads, staff have been able to test an operational model
and will adjust where possible before additional ice pads are reopened. The reality of
this adjusted operational schedule results in reduced capacity on the ice, even when all
5 ice pads are open. Staff are monitoring the demand versus available time to
maximize operational revenue potential while maintaining quality health standards. It is
important to note that staff are receiving requests from groups looking for time that they
cannot get in other municipalities or private facilities they have used in the past. Staff
are doing their best to issue permits where possible. Preference to space will continue
to be considered for Aurora’s regular user groups, then consideration will be given to
other user groups, thereby, honouring the relationships with regular user groups.
With this unique situation, it is important for user groups to know that their regular use of
facilities will not be impacted next year. With 2020 being an anomaly, the Allocation
Policies needed to be adaptable for this year, but it is important that user groups can
plan for their future and are not penalized for the unique circumstances this year.
Page 29 of 95
September 8, 2020 8 of 10 Report No. CMS20-020
Therefore, the grandfathering clause in the policy will honour 2021 requests based on
2019 (typical year) use.
All of these accommodations are deemed to be temporary and in response to the
unexpected impact of COVID-19 on our regular user groups.
Advisory Committee Review
Not Applicable
Legal Considerations
The Town is responsible for ensuring that its operations are in compliance with the
advice, recommendations and instructions of public health officials, including any
advice, recommendations or instructions on screening, physical distancing, cleaning or
disinfecting. Staff have implemented the appropriate measures to ensure that the
operations detailed throughout this report are consistent with the provincial orders, as
continuously amended, and the public health guidelines. In addition, clauses have been
added to the online registration process and permits that obligate users of the facilities
to be compliant with all provincial orders and public health guidelines, including self-
screening, as may be amended from time to time.
Financial Implications
Throughout the duration of the pandemic, the Town has been regularly evaluating its
impact on the Town’s finances. As this event has progressed the Town has examined
the financial implications of multiple possible scenarios. The presented pandemic
recovery plan roughly aligns with the assumptions used by the Town in its most recent
forecast update to Council which projected a small net surplus. The primary deviation
from the Town’s most recent forecast assumptions is the earlier partial opening of the
Town’s indoor facilities. The assumptions for staff’s next forecast update to Council will
be updated to fully align with the above presented pandemic recovery plan.
The nature of this pandemic is unpredictable and should the Town have a COVID-
related deficit, the funding provided through the Safe Restart Agreement will be used to
offset the impact.
Page 30 of 95
September 8, 2020 9 of 10 Report No. CMS20-020
Communications Considerations
The Town of Aurora will use ‘Inform’ as the level of engagement for this project. There
are five different levels of community engagement to consider, with each level providing
the community more involvement in the decision making process. These levels are:
Inform, Consult, Involve, Collaborate and Empower. Examples of each can be found in
the Community Engagement Policy. These options are based on the International
Association of Public Participation (IAP2) Spectrum and assist in establishing guidelines
for clearly communicating with our public and managing community engagement. In
order to inform, once recreational programming is confirmed the Town will communicate
key messages by using a series of communications tools i.e. media release, website,
Notice Board, social media etc.
Link to Strategic Plan
This project supports Goal #1: Supporting an exceptional quality of life for all - Objective
#4 – Encouraging and active and healthy lifestyle.
Alternative(s) to the Recommendation
Not applicable
Conclusions
As we have advanced to Stage 3 in the Provincial Order, the community is eager to
start up programming, sports groups are eager to get back to playing and the general
public is interested in utilizing various recreation amenities. Our top priority is the health
and safety of our staff and the public, therefore, the Town will continue to plan
accordingly to ensure proper safety measures are in place before reopening.
Staff have updated the reopening plan (previous June 23, 2020) based on the guidance
from the different levels of government and following guidelines set out by health
officials. It is important to note, that these proposed dates may change if the Provincial
Orders are amended.
Attachments
None
Page 31 of 95
September 8, 2020 10 of 10 Report No. CMS20-020
Previous Reports
CMS20-018 – Pandemic Recovery Planning – Update, June 23, 2020
Pre-submission Review
Reviewed by CAO on August 25, 2020
Approvals
Approved by Robin McDougall, Director, Community Services
Approved by Doug Nadorozny, Chief Administrative Officer
Page 32 of 95
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
General Committee Report
No. OPS20-009
______________________________________________________________________
Subject: By-law Regulating Occupancy, Works, Fouling and
Encroachments on Highways
Prepared by: Allan D. Downey, Director of Operations
Department: Operational Services
Date: September 8, 2020
Recommendation
1. That Report No. OPS20-009 be received; and
2. That the Highway Occupancy and Encroachment By-law, being a by-law to
regulate occupancy, fouling and encroachment onto municipal highways and
to repeal By-laws Number 4734-05.P, Number 4744-05.P and Number 5733-15,
be brought forward to a future Council meeting for enactment.
Executive Summary
The purpose of this report is to respond to a Council directive to staff to develop a Policy
for managing encroachments onto municipal roads rights-of-way and, in particular, to
deal with an existing encroachment at 50 Pineneedle Drive in Aurora. This report will
address the following:
Private landscaping and plant materials are the most common and benign
Encroachments that occur on the Municipal Road Right-of-Way
Situations arise where action must be taken by the Town to remove
Encroachments from the municipal road allowance for reasons of liability and risk
to the public
Town’s existing by-laws relating to highway obstructions, fouling, works and
incursions will be consolidated into a single highway control by-law
Encroachments on the municipal road right-of-way may result in a non-
compliance with the provincial standards and accessibility requirements
The proposed by-law will create a policy relating to encroachments, update
provisions relating to permitting of other road activities and provide staff with
enforcement tools in case of non-compliance
Encroachment at 50 Pineneedle Drive remains outstanding and will be
Page 33 of 95
September 8, 2020 2 of 13 Report No. OPS20-009
administered in accordance with the provisions contained in the proposed by-law
Background
In 2014 staff became aware of an issue associated with a hedge that had become
overgrown and was encroaching well into the traveled portion of the sidewalk that flanks
the south side of the property at 50 Pineneedle Drive, Aurora.
It was determined, through a formal property survey, that the entire cedar hedge,
various other trees and landscaping were within the municipal road right-of-way as
shown on the attached survey. At that time, staff with the involvement of Legal
Services, had reached out to the property owner in an effort to resolve the situation and
were unsuccessful in coming to a resolution on the matter.
Subsequently, the property owner appealed to Council with a request that the Town
enter into an Encroachment Agreement to permit the encroachment to remain. The
matter was tabled via report LLS15-036 at the May 19, 2015 General Committee
meeting. On May 26, 2015, Council deferred the recommendations in the May 19, 2015
report and directed staff to develop a formal policy on encroachments.
During that same May 26, 2015 meeting, on a motion, an item was added to the agenda
with respect to installations on Town roadways and community mailboxes. As result of
that additional item, By-law 5733-15 - Excavation and Installation on Highways By-law,
was also passed during that same meeting. By-law 5733-15 had the effect of requiring
that permits be obtained prior to placing anything on Town highways, including
community mailboxes. Although it has been ruled by the courts that municipalities are
not able to regulate the placing of community mailboxes, the remainder of the by-law
remains in force and generally prohibits the placing of anything on Town highways or
conducting work on Town highways without prior permission of the Town. For the most,
the Excavation and Installation on Highways By-law has been used with respect to any
proposed construction activities on Town roads, such as permitting utilities companies
to conduct work by obtaining a temporary Road Occupancy Permits. By-law 5733-15
has not been used to grant permission for any private or permanent encroachments.
Analysis
Private landscaping and plant materials are the most common and benign
encroachments that occur on the Municipal Road Right-of-Way
There is minimal distinction between the exact boundary between private and public
properties due to non-existent reference lines. The condition often results in private
property owners straying from their property boundaries with various landscaping works.
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This is a common situation throughout the municipality and for the vast majority of these
types of encroachments, they involve trees and shrubs that have been planted by
homeowners on the municipal road allowance in an effort to beautify or screen their
properties.
For the most part, these encroachments are considered very benign and cause little or
no concern to the municipality or to the public. Many of these plantings tend to improve
the neighbourhood streetscape and add value to overall property aesthetics.
As such, our Roads and By-law Enforcement staff take no action in approaching
property owners who have plant material encroaching onto the municipal road right-of-
way. To do so would be a monumental and needless task which would lead to
discontentment with most property owners.
Situations arise where action must be taken by the Town to remove Encroachments
from the municipal road allowance for reasons of liability and risk to the public
Although By-law Services and Operational Services staff do not actively seek out and
act on all manner of encroachments onto the municipal road allowance, there are
occasions where it becomes necessary to do so. The issue generally arises from an
observation by Roads staff or a complaint from a member of the public, motorist, cyclist
or pedestrian where the encroachment involves overgrown plants, trees, hedges or
other landscaping materials causing a visual or physical obstruction to a roadway or
sidewalk. In most cases, action can be taken by a property owner and/or the
municipality in mitigating the obstruction either by issuing an order to a property owner
to completely remove the obstruction or simply by trimming back overgrown vegetation.
There is a very high success rate in managing these typical scenarios.
For example, staff became aware of an over grown private side hedge that was planted
by a homeowner on the northeast corner of Mendys Forest and Orchard Heights
Boulevard. It was confirmed by Town engineers that, in fact, the hedge was obstructing
site lines at the intersection such that public safety was being compromised.
Staff issued a notice to the homeowner that the hedge must be trimmed back to
improve site lines and the homeowner did comply with the Towns directive, as
illustrated in the photos below.
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September 8, 2020 5 of 13 Report No. OPS20-009
Town’s existing by-laws relating to highways obstructions, fouling, works and
incursions will be consolidated into a single highway control by-law
There are a few by-laws currently in force at the Town that in various ways address
encroachments, occupancy and fouling of Town highways. These by-laws have been
put in place over time to deal with various issues, creating some overlap and potential
inconsistencies. As a result, staff recommend a consolidation of several by-laws dealing
with road occupancy, fouling, obstructions and encroachment into one by-law. This will
create consistency among the various existing provisions and address several issues
that required an update, including the matter of encroachments. The affected by-laws
are as follows:
By-law Number 4744-05.P is a by-law to regulate the obstruction and fouling of
highways and the crossing of boulevards by delivery vehicles.
o This by-law was put in place in 2005 and contains inconsistencies and
gaps. The provisions of this by-law require an update.
o This by-law may be repealed since the relevant provisions of this by-law
(prohibiting fouling, obstructions and crossing of
sidewalks/curbs/boulevards) will be integrated into the new proposed
highway by-law.
By-law Number 4734-05.P is a by-law to regulate the planting of shade and
ornamental trees upon the highways under the jurisdiction of the Town of Aurora.
This By-law provides in section 2 that “[n]o person or his agents, servants or
employees shall plant any tree upon any highway in the Town of Aurora without
having first obtained consent of the Director pursuant to the provisions of this By-
law.”
o This by-law has been very seldom utilized and contains some
inconsistencies and gaps.
o This by-law may be repealed since the proposed highway by-law will
address planting of vegetation on boulevards. Trees will not be permitted
to be planted by private property owners.
By-law Number 4750-05.P is a by-law to regulate temporary road closures for
various parades, streets parties and other similar community events.
o This by-law contains extensive detail with respect to the process and
policy for road closures for various community events.
o This by-law has been applied over the years and currently has not been
identified as requiring an update, and was not part of this review process.
o This by-law will be kept in place in its current form and continue to provide
the process and policy relating to highway closures for various events it
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addresses. The new highway by-law will provide that closures authorized
by By-law 4750-05.P will be permitted.
By-law Number 4752-05.P regulates parks and public places. This by-law has a
general provision stating that no person shall take possession or encroach upon
parks or public places, unless otherwise permitted by the Town and approved by
Council.
o This by-law does not relate to regulation of public highways. However, the
broad definition of a public space includes highways.
o The reference to encroachments within this by-law can be kept in place
and applied to parks. If necessary, the wording will be adjusted at a future
time when the parks and public spaces by-law is being updated.
By-law Number 5733-15 is a by-law regulating installation on municipal
highways. The by-law provides that no person is permitted to do, on any portion
of any highway, a number of listed actions without first obtaining a permit
pursuant to that by-law. The items that are prohibited are very broad and forbid
anything to be placed on Town highways (including vegetation) or any work to be
done on the highways.
o This by-law requires an update as certain parts relating to community
mailboxes have become unenforceable due to a decision by the Ontario
Court of Appeal, and some items overlap with other by-laws and do not
accurately reflect the Town’s practices relating to installations on
highways. Also, the broad application of this by-law creates uncertainty as
to its application to items such as encroachment and fouling of highways.
o This by-law may be repealed since the relevant provisions relating to
permitting of road works from this by-law will be incorporated into the new
highway by-law. The proposed by-law will reflect the Town’s current Road
Occupancy Permit system.
Encroachments on the municipal road right-of-way may result in a non-
compliance with the provincial standards and accessibility requirements
With the passage of the amended Municipal Act Regulation O.Reg.239/02 Provincial
Minimum Maintenance Standards for Municipal Highways (MMS) in May 2018, there
are new standards and limits that must be considered by all municipalities in the
Province of Ontario. Particularly, Section 16.2 of the MMS now requires that the area
adjacent to sidewalk be inspected once per year to consider if it is in a state of repair.
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Municipalities are required to then repair any encroachment (take steps to protect
users) on the Town’s boulevard that is found to be of unusual character or to pose a
hazard to pedestrians. The area that is required to be inspected is limited to about half a
metre from the edge of the sidewalk. In case of damage or injury suffered by a
pedestrian due to such an encroachment, the Town may be found liable if it cannot
show that it met its obligations under the MMS with respect to such an encroachment,
regardless of who may have placed it or when.
The MMS did not specifically address encroachments prior to the amendments in May
of 2018. It is now incumbent on municipalities to consider a plan to mitigate such
encroachments when they become known.
Permitting an encroachment that constitutes any hazard to persons or property, left
unresolved, places the Town in a position of risk and exposure to potential claims.
In addition to the above and to ensure that all aspects of encroachments are examined,
staff must consider the impact an encroachment has on all members of the general
pubic using public spaces, including people with disabilities. As of January 1, 2016, the
standards under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) for
the design of public spaces describes ways to make outdoor communal spaces more
accessible.
Section 80.23 of the Integrated Accessibility Standards regulation states that when
constructing new or redeveloping existing exterior paths of travel organizations shall
ensure that new and redeveloped exterior paths of travel meet, among others, the
following requirements:
The exterior path must have a minimum clear width of 1,500 mm, but this clear
width can be reduced to 1,200 mm to serve as a turning space where the exterior
path connects with a curb ramp.
Where the head room clearance is less than 2,100 mm over a portion of the
exterior path, a rail or other barrier with a leading edge that is cane detectable
must be provided around the object that is obstructing the head room clearance
Given the wording of the legislation, the Town may be not required by the AODA to take
action to mitigate conditions on existing pathways that are created by encroaching
obstructions. Nevertheless, a site inspection was conducted by the Town Accessibility
Advisor on July 30, 2020 of the hedge at 50 Pineneedle Drive and was found to have
overgrown and encroached onto the exterior path of travel reducing the minimum clear
width for travel and head room clearance.
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It is the opinion of the Accessibility Advisor that, although this path was built prior to the
legislation, maintenance of this exterior path of travel is necessary to keep this existing
public space free of obstructions as per the intent of AODA standards.
The proposed by-law will create a policy relating to encroachments, update
provisions relating to permitting of other road activities and provide staff with
enforcement tools in case of non-compliance
The proposed by-law establishes the approach staff would take with respect to
encroachment onto Town boulevards. Here are some important features of the by-law:
Language has been included to better suit the type of encroachment situations
most commonly encountered and to better define what exactly constitutes an
encroachment.
Soft landscaping, such as various shrubs, plants or other vegetation that meet
certain criteria would be permitted without any process or the requirement for
permission. The criteria that are required to be met are set out in the by-law in
Section 3.2 and are very detailed. In simple terms, vegetation is not permitted to
create any health or safety hazard and not interfere with Town operations. The
specifics of the criteria have been developed after due consideration by staff of
potential safety hazards, operational challenges and other issues that arise.
Paving stones and irrigation systems are also permitted to be placed provided
they are placed flat with ground surface and satisfy criteria outlined in Section
3.2. This is to eliminate the potential of such items being placed in a way that
would create a tripping hazard on Town property.
Property owners can also apply to obtain permission to place encroachments
adjacent to their properties that do not meet the criteria for Soft Landscaping,
Irrigation Systems or Paving Stones. Applications would be submitted to the
Operations Department for consideration. An encroachment could be permitted
by Staff provided that it meets certain criteria set out in the by-law as set out in
Section 5.4, such as not posing any safety hazard or impeding with Town
infrastructure or operations. The application would be determined at the
discretion of the Director and would be final. The Director has discretion to not
approve any encroachments and could reserve this authorization to special
cases only. If approved, the owner would be required to enter into an agreement
with the Town, indemnifying the Town for any claims that may arise as a result
and requiring that owners provide insurance. The process also involves fees as
part of the application and agreement process. The Director of Operations is also
granted with some authority to waive certain requirements when appropriate.
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The by-law provides staff with various powers to enforce the provisions of the by-
law and processes to be used in case of non-compliance. If compliance cannot
be achieved voluntarily, staff could issue orders, lay charges or remove
encroachments and seek costs against the owner. Normally, compliance with
respect to encroachments is sought through cooperation with home owners.
However, in the event that such efforts are not successful and a safety hazard
exists or an encroachment impedes the Town’s ability to be able to provide
services to fulfill the Town’s obligations, or otherwise impedes an essential
infrastructure, Town may be required to take action given the MMS requirements
and its obligations to provide certain essential services to the public.
Given that certain encroachments are permitted to be placed without Town
oversight and that the Town is continuously required to conduct various
maintenance, repair and construction works on its highways and municipal
infrastructure, the provisions of the by-law outline that any encroachments placed
are at the risk of the person that places them. The provisions of the by-law set
out that in cases where encroachments are required to be removed or become
damaged due to Town operations, Town staff (or Town agents) have discretion
to do so and would not assume liability for their repair or replacement. Although it
is not done intentionally, it is not unusual that items placed on the boulevard
become damaged during operational activities of the Town or have to be
removed to accommodate road works.
The proposed by-law will also address highway obstructions, fouling, works and
crossing of boulevards:
The by-law contains prohibitions set out in Section 2.1 with respect to roadworks,
obstructions, fouling and crossing of curbs/sidewalks/boulevards with vehicles.
All such items are prohibited, unless a Road Occupancy Permit (“ROP”) is
obtained with respect to such activity.
The by-law contains updated provisions with respect to the process for obtaining
a ROP that reflect current practises and provides staff with authority to revoke or
suspend permits in certain situations. Further, staff are given authority to take
immediate action to address emergency situations.
The By-law contains updated provisions that allow for enforcement actions to be taken
and infractions issued for violations, when necessary. The Director of Operations is
granted the authority to administer the by-law and delegate tasks to staff. The proposed
by-law does address a number of activities and items that are otherwise permitted by
other by-laws or laws, through exceptions. These exceptions include activities such as
placing of waste bins out on the curb for collection as addressed by the Town’s Waste
Collection By-law, placing of signs pursuant to the Town’s Sign By-law, items otherwise
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permitted or authorized by Council or an order of a court/tribunal, items contemplated in
an agreement pursuant to the Planning Act, existing encroachment agreements and
other items, as outlined in Section 2.6.
Encroachment at 50 Pineneedle Drive remains outstanding and will be
administered in accordance with the provisions contained in the proposed by-law
The hedge at 50 Pineneedle, and other smaller items, continue to create an
encroachment onto Town highway property. Staff have concerns regarding this
particular matter as it continues to present a potential risk to the Town and is now not in
compliance with MMS requirements. The situation continues to further impact the
pedestrian sidewalk with each passing year with the incremental growth of the hedge.
The hedge also blocks the views of drivers approaching the intersection going south on
Pinedeedle Drive, which obstruction limits the field of vision far in excess of what is
required pursuant to engineering and transportation standards.
This matter was initially brought to Council by the previous owner of the property. Staff
have reached out to the new property owners and will be meeting them to discuss the
situation and a potential resolution to the matter. This meeting will only occur when safe
to do so in accordance with applicable health and safety protocol under the COVID-19
social distancing measures. As such, and unless directed otherwise by Council, no
action will be taken on the part of the Town until staff have had the opportunity for
dialogue with the current property owners at 50 Pineneedle Drive.
The encroachment in this case is very significant and the hedge is used to appropriate a
large portion of the Town’s property for the property owners’ personal use, which has
become a significant detriment and potential risk to the Town over time. If the proposed
by-law is approved, Town staff will attempt to resolve the issue through cooperation with
the property owner, but ultimately the encroachment will be required to be brought into
compliance with the new by-law.
Advisory Committee Review
None.
Legal Considerations
The Municipal Act obligates the Town to maintain the entire highway, which includes the
boulevard. The boundary of the Town’s right-of-way, and in effect the extent of
responsibility, stretches past the sidewalk. The exact boundary of the boulevard varies
from street to street. Although the standards with respect to the maintenance of the
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boulevard may not be as stringent as with respect to vehicular roadway and the
pedestrian sidewalk, in case of an injury or damage suffered on any portion of the
highway, the Town would become involved in such a claim as the property owner and
become liable if it can be shown that there was negligence on the part of the Town. With
the addition of the responsibilities on the Town to inspect and remedy encroachments
that may pose a hazard under the MMS, the Town is obligated to take action in certain
situations. Any claims the Town becomes involved in will have an affect on the Town’s
insurance costs.
There are a number of potential ways in which encroachments could pose a hazard and
a liability risk for the Town due to overgrown vegetation or various objects placed on the
boulevard. When the Town does become aware of an issue, or should have become
aware as part of its inspection obligations, the Town is obligated to deal with such items
or otherwise risk being liable for any injuries or damage that may occur as a result. The
proposed by-law does provide staff with direction and a policy statement with respect to
encroachments and also provides the tools for staff to be able to respond in accordance
with the situation and risks involved. Without having the enforcement authority outlined
in the proposed by-law, Town staff may not be able to take appropriate remedy or
enforcement action if discussions with a resident do not lead to a solution that would
render safe any hazards to satisfy the Town’s obligations.
With respect to the regulation of various works, obstruction, fouling and crossing of
boulevards, the Town has authority to regulate such activities on its highways.
Pursuant to the proposed by-law, Town staff will continue to administer its current Road
Occupancy Permitting system with respect to activities on highways, which do not
involve requests for long term placing of objects or closures relating to community
events.
Financial Implications
Should Council approve staff’s recommended mitigating measures, there will be no
additional operational financial implications for the Town in the administration of the
proposed by-law. Should the Town deem that an obstruction or encroachment require
removal, or if works leave the highway in need of repair, it is intended to be remedied at
the expense of the party that caused the damage, obstruction or encroachment.
Communications Considerations
The Town of Aurora will use ‘Inform’ as the level of engagement for this project. There
are five (5) different levels of community engagement to consider, with each level
providing the community more involvement in the decision making process. These
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levels are: Inform, Consult, Involve, Collaborate and Empower. Examples of each can
be found in the Community Engagement Policy. These options are based on the
International Association of Public Participation (IAP2) Spectrum and assist in
establishing guidelines for clearly communicating with our public and managing
community engagement. In order to inform the public, this report and the new By-law
will be posted to the Town’s website.
Link to Strategic Plan
Encroachments onto Municipal lands supports the Strategic Plan goal of Supporting an
Exceptional Quality of Life for All.
Alternative(s) to the Recommendation
1. Council could defer adoption of the By-law and direct staff to revise any or all
provisions contained in the By-law.
2. Council defer the adoption of the By-law and continue to apply the existing municipal
By-laws currently enforced.
Conclusions
Staff are recommending that Council enact the proposed of by-law to replace existing
By-laws Number 4734-05.P, Number 4744-05.P and Number 5733-15. The new
consolidated by-law will provide staff with a policy and a process to deal with highway
encroachments. As part of the update, the provisions that are currently found in various
Town by-laws relating to highway activities will be consolidated into one consistent
document that is better aligned with the current processes and Town obligations relating
to the management of highways.
Also, through the passage of the by-law, Town staff would be provided with tools to
enforce deficiencies and issues relating to highway activities in cases where
cooperation is not successful and the Town is required to take action to satisfy its
highway maintenance obligations.
Attachments
Attachment #1 – Photos of Encroachment at 50 Pineneedle Drive, Aurora
Attachment #2 - Highway Occupancy and Encroachment By-law
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Previous Reports
LLS15-036 Request for an Encroachment Agreement (50 Pineneedle Drive), May 19,
2015.
Pre-submission Review
Agenda Management Team review on August 20, 2020
Approvals
Approved by Sara Tienkamp for Al Downey, Director, Operational Services
Approved by Doug Nadorozny, Chief Administrative Officer
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The Corporation of the Town of Aurora
By-law Number XXXX-XX
Being a By-law to regulate occupancy, fouling, construction and
encroachments on highways.
Whereas Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, (the “Act”) as amended,
provides that a municipality may pass by-laws respecting the health, safety and well-being
of persons, services and things that the municipality is authorized to provide, protection
of persons and property, public assets of the municipality, drainage and flood control,
public utilities, parks, as well as highways and structures, including fences and signs;
And whereas Section 9 of the Act provides that a municipality has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its authority under
the Act;
And whereas Subsection 8(1) of the Act provides that powers of a municipality shall be
interpreted broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality’s ability to respond to municipal issues;
And whereas Sections 30 of the Act provides that the municipality has ownership over
highways under its jurisdiction and Section 44 requires the municipality maintain its
highways in a state of repair and to adhere to minimum maintenance standards outlined
in regulations;
And whereas Subsection 391(1) of the Act provides that a municipality may pass by-
laws imposing fees or charges on any persons for the use of its property including
property under its control;
And whereas Section 446 of the Act provides that a municipality may proceed to do
things at a person's expense which that person is otherwise required to do under a by-
law but has failed to do and to recover the costs of doing so by adding the costs to the
tax roll and collecting them in the same manner as property taxes;
Now therefore the Council of The Corporation of the Town of Aurora hereby
enacts as follows:
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By-law Number XXXX-XX Page 2 of 20
1.Definitions
1.1. In this by-law, the following words have the following meanings:
(a)“Act”shall mean the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
(b)“Applicant”shall mean the Person submitting an Application to the Town;
(c)“Application”shall mean an application for a ROP or an application for an
Encroachment, or for the renewal or extension of the same;
(d)“Arterial Road”shall mean an Arterial Road as designated in the Town’s
Official Plan, as amended or successor thereof;
(e)“Boulevard”shall mean all parts of the Highway, including the shoulder
and sidewalk, but excluding the curb and the road portion travelled by or
designed for vehicular traffic;
(f)“Clerk”shall mean the Clerk of the Town appointed pursuant to the Act;
(g)“Collector Road”shall mean any Major and Minor Collector Road as
designated in the Town’s Official Plan, as amended or successor thereof;
(h)“Council”shall mean the Council of the Town;
(i)“Director”shall mean the department head of the Operations Department
of the Town, or his/her designate or successor;
(j)“Easement"shall mean an interest in land owned by another Person,
consisting in the right to use or control the land, or an area above or below
it, for a specific limited purpose, but does not include an interest created by
a licence agreement;
(k)“Encroachment"shall mean anything that is placed, installed, constructed
or planted within a Highway, including anything that is wholly upon or
extends onto a Highway, that was not placed, installed, constructed or
planted by the Town and shall include any aerial, surface or subsurface
encroachment, but shall not include anything permitted pursuant to a ROP;
(l)“Encroachment Agreement"shall mean an agreement executed by the
Town and an Owner, granting authorization to erect, place or maintain an
Encroachment on the Highway;
(m)“Encroachment Agreement Fee”shall mean the fee as set out in the
Town’s Fees and Charges By-law, as amended;
(n)“Encroachment Application Fee”shall mean the fee as set out in the
Town’s Fees and Charges By-law, as amended;
(o)“Geometric Design Guide”shall mean the most current version of the
Geometric Design Guide for Canadian Roads of the Transportation
Association of Canada, as amended or successor thereof;
(p)“Highway”shall mean a highway within the meaning of the Act;
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By-law Number XXXX-XX Page 3 of 20
(q)“Irrigation System”shall mean the components of a system that is used or
designed for the purpose of irrigating or watering vegetation located
outdoors;
(r)“Local Road” shall mean a Local Road as designated in the Town’s Official
Plan, as amended or successor thereof;
(s)“Minimum Maintenance Standards for Municipal Highways”means O.
Reg. 239/02: Minimum Maintenance Standards for Municipal Highways, as
amended or successor thereof;
(t)“Officer"shall mean a Municipal Law Enforcement Officer appointed by the
Town;
(u)“Owner"shall mean the registered owner of a parcel of property as such
Person is described on the most current parcel register;
(v)“Paving Stones”shall mean stones with a flat exposed surface that are
placed in the ground in such manner that the top of the stone is level with
ground level in the vicinity of such stone;
(w)“ROP” or “Road Occupancy Permit”shall mean a written permit issued
by the Town pursuant to this by-law authorizing regulated activities under
subsection 2.1, other than for the erecting, installing or maintaining an
Encroachment;
(x)“Person"shall include an individual, sole proprietorship, partnership,
unincorporated association, firm or corporation, business entity or club, trust,
body corporate or natural person;
(y)“Premises"shall mean a parcel of real property and includes all buildings
and structures thereon;
(z)“Refuse”shall means any object or material that has been discarded by
any Person or that is no longer in use, or reasonably intended to be used, by
the Person having ownership or control over such object or material;
(aa)“Sign"shall mean any structure or device, intended for identification or
advertisement, visible to the general public;
(bb)“Soft Landscaping”shall mean any shrubs, hedges, grass, flowers,
maintained natural gardens or other vegetation, but excludes trees, noxious
weeds and local weeds designated under the provisions of the Weed
Control Act, R.S.O. 1990, c. W.5;
(cc)“Solicitor”shall mean the Town Solicitor or his/her designate;
(dd)“Town"shall mean The Corporation of the Town of Aurora; and
(ee)“Unauthorized Encroachment"shall mean any Encroachment not
authorized by this by-law.
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By-law Number XXXX-XX Page 4 of 20
2.General Prohibitions
2.1. No Person shall do, or shall cause to be done, or shall permit to be done, or shall
attempt to do, on any portion of any Highway, any of the following actions without
previously obtaining a ROP or entering into an Encroachment Agreement
pursuant to this by-law permitting such action or activity, except where otherwise
specifically permitted or exempted pursuant to this by-law:
(a) excavate, dig-up, break, tear-up, connect to, alter or destroy any portion of
the land within the Highway whether for the purpose of constructing a
means of access, or for any other purpose;
(b) cross any raised curb, sidewalk or paved Boulevard with a vehicle or with
the aid of mechanical equipment, over which he/she has control, to deliver
or remove any materials from abutting land;
(c) place, deposit, spill, track or otherwise leave on a Highway, any construction
material, debris, soil, dirt, mud, stone, gravel, aggregate, concrete or any
other similar material;
(d) place or construct any Encroachment on any Highway;
(e) obstruct or block any Highway, including any culvert or ditch on any
Highway.
2.2. In addition to the above, no Person shall throw or deposit any Refuse, including
any animal carcass, on any Highway.
2.3. The Owner of the Premises from which, or to which, any material or items are
being removed or deposited, placed, spilled or tracked shall be presumed to have
caused such items or materials to be placed, deposited, spilled, tracked or
otherwise left deposited on the Highway, as the case may be, which presumption
may be rebutted by evidence to the contrary on a balance of probabilities.
2.4. The Owner of the Premises from which, or to which, any vehicle crosses any
curb, sidewalk or paved Boulevard to deliver or remove any items or material
shall be presumed to have caused such vehicle to cross any curb, sidewalk or
paved Boulevard, as the case may be, which presumption may be rebutted by
evidence to the contrary on a balance of probabilities.
2.5. The Owner of the Premises immediately adjacent to the land on which an
Encroachment is located, shall be presumed to have caused to be placed,
constructed or maintained the Encroachment, as the case may be, which
presumption may be rebutted by evidence to the contrary on a balance of
probabilities.
2.6. Notwithstanding subsections 2.1 and 2.2, the following classes of items and
Encroachments, as well as activities related to such items and Encroachment,
are exempted from the requirements and restrictions of this by-law:
(a) Signs and advertising devices, as authorized or permitted by the Sign By-
law, as amended or a successor by-law thereof, or Council;
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(b) Refuse or waste that is left or placed in compliance with the Waste
Collection By-law, as amended or a successor by-law thereof;
(c) activities and Encroachments arising as a result of construction or
maintenance activity on behalf of and under contract with the Town;
(d) any Highway closure authorized by the Town;
(e) Encroachments arising as a result of a decision of the Town’s Committee of
Adjustment or the Local Planning Appeal Tribunal, or a successor body
thereof, permitting the Owner of a residential Premises to widen a driveway,
provided such Encroachments are limited to hard surfaces comprising of the
permitted driveway extension that is level with the surrounding ground level,
and that any other requirements set out under any other Town by-law are
met;
(f) Encroachments permitted as a result of a written and signed agreement with
the Town, other than an Encroachment Agreement, including any
agreements pursuant to the Planning Act, R.S.O. 1990, c. P.13 or
Easements agreements;
(g) any Encroachment specifically permitted by the Council;
(h) any Encroachments placed, created or caused by the Town;
(i) any Encroachments authorized by a court order, or by provincial or federal
authority or law, or
(j) any Encroachment authorized under a valid Encroachment Agreement that
was entered into prior to the date of this by-law coming into force.
2.7. Notwithstanding subsections 2.1 and 2.2, in the case of any activity, works,
construction or Encroachments governed by a duly executed municipal access
agreement with a utility company for access onto Town’s Highways, the terms of
any such agreement shall supersede this by-law in case of any conflict or
inconsistency.
3.Permitted Encroachments
3.1. Notwithstanding subsection 2.1, Owners of land adjoining the Highway are
permitted, without a ROP, Encroachment Agreement or any other authorization
of the Town, to maintain Encroachments on the Boulevard:
(a) in the form of an Irrigation System;
(b) in the form of Paving Stones; or
(c) in the form of Soft Landscaping;
provided that the Encroachment conforms to all the requirements of this by-law,
including subsection 3.2.
3.2. Encroachments pursuant to subsection 3.1 may only be permitted if the
Encroachment conforms to the following:
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(a) if it is in the form of Soft Landscaping, it is maintained by the Owner in a
state of healthy and vigorous growth;
(b) if it is in the form of Paving Stones, it is placed and maintained in
compliance with any applicable zoning by-laws or regulations;
(c) if it is in the form of an Irrigation System:
(i) it is placed entirely under or in the ground and in such a way that no
part of the system is located or protrudes above the level of the ground
level, expect for when the water discharge mechanism is in operation to
actively irrigate as per the design of the system,
(ii) it is maintained in a manner that does not permit water to leak from it at
any time other than when the system is in operation to actively irrigate
as per the design of the system, and
(iii) the system is designed, constructed and functions in a manner that
does not permit water to be sprayed or discharged onto the sidewalk or
the travelled portion of the Highway;
(d) it does not obstruct pedestrian or vehicle sight lines as per the Geometric
Design Guide;
(e) it does not interfere with traffic control devices or Signs permitted under the
Sign By-law, as amended or a successor by-law thereof;
(f) it does not interfere with ability of the Town to access and to conduct any
maintenance, repair or operational activity on any Town property,
infrastructure and municipal services;
(g) it is not in a form of a fence or barrier, including barriers comprised of
vegetation, that prevents access onto any part of the Highway or prevents
Town staff or agents from being able to conduct any maintenance activity or
to use any such area for storage of snow, unless it is located at the property
line of the abutting private property and in compliance with any applicable
zoning by-laws or regulations and the Fence By-law, all as amended or
successor thereof;
(h) it does not obstruct driveways, impede or pose a hazard or potential hazard
to pedestrian or vehicle traffic;
(i) on a corner lot, it is not erected or permitted to grow to a height greater than
0.9 metre above the traveled surface of the grade of the streets that abut the
lot within the shaded triangular area as indicated below, with “distance x”
being:
(i) in the case of an intersection between an Arterial Road with any other
road, distance x, as illustrated below, shall be fifteen (15) metres in
either direction;
(ii) in the case of an intersection between a Collector Road with another
Collector Road, distance x, as illustrated below, shall be ten (10) metres
in either direction;
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(iii) in the case of an intersection between a Collector Road with a Local
Road, distance x, as illustrated below, shall be seven (7) metres in
either direction;
(iv) in the case of an intersection between a Local Road with another Local
Road, distance x, as illustrated below, shall be five (5) metres in either
direction;
(j) it does not interfere with the Town's ability to maintain the Town’s property,
including Highways, in a state of good repair and maintenance, including
keeping Town property free of litter, snow and ice;
(k) it does not interfere with the existing and future locations of sidewalks,
bicycle trails or utilities;
(l) it does not extend into the Boulevard area fronting any property other than of
the Owner when the common lot line is projected perpendicular to the road,
unless the Owner of such other property consents to it in writing;
(m) no part of the Encroachment creates a condition or obstruction that results in
any pedestrian path of travel not meeting any standard established pursuant
to the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11
with respect to exterior paths of travel, regardless of when such path of
travel was constructed or redeveloped;
(n) no part of the Encroachment is located within 0.50 metre of the edge of
either side of the sidewalk, unless it is in the form of a Paving Stone;
(o) if it is located on the Boulevard between the curb line and sidewalk, it does
not measure more than 0.9 metre in height;
(p) it is not within one (1) metre of the curb, on a road with curbs, unless it is in
the form of a Paving Stone;
(q) it is not within three (3) metres of the vehicle traveled portion of any road
without curbs, unless it is in the form of a Paving Stone;
(r) no part of the Encroachment is located within a one (1) metre radius around
fire hydrants, fire hydrant valves or private water service shut offvalves;
Intersection of Property
Lines
Shaded area to be clear of
encroachments higher than
0.9 metres
distance x
distance x
curb line curb line Boulevard
Property
Lines
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(s) no part of the Encroachment is located within a 1.5 metres of the side or
rear of any hydro electric transformer, switch or equipment and no part is
located in front of or at the opening side of such equipment at any distance;
(t) it is in a state of repair pursuant to the Minimum Maintenance Standards for
Municipal Highways; and
(u) any other criteria considered appropriate by the Director.
4.Road Occupancy Permits
4.1. Any Person requesting authorization to conduct any of the regulated activities
under subsection 2.1 on a Highway, other than erecting, installing or maintaining
an Encroachment, is required to submit an Application to the Town for a ROP.
4.2. The form and content of the Application for a ROP shall be as prescribed by the
Director from time to time and the Director may require as part of an Application:
(a) any affidavits, drawings, plans, surveys, photographs and other documents
the Director deems to be necessary in order to assess the proposed
Application;
(b) any information deemed necessary by the Director to be able to evaluate the
Application with respect to the proposed activities and the associated
timeframes;
(c) a reasonable estimate of the cost of performing the associated works and a
security deposit for such works;
(d) the Applicant to agree to the terms and conditions of the ROP as prescribed
by the Director; and
(e) the Applicant to provide proof of and maintain continual insurance coverage,
naming the Town as an additional insured party, as required by the Director
to provide coverage with respect to the work and activities to be conducted
or maintained on the Highway.
4.3. Upon receipt of an Application for a ROP and receipt of the applicable fees, the
Director shall make investigations as necessary to assess the Application and
may, in accordance with the criteria and requirements set out in this by-law:
(a) issue a ROP after receipt of a complete Application that meets all the
requirements of this by-law and the receipt of any applicable securities;
(b) in the case of an approved Application for a ROP, impose such terms and
conditions on the ROP deemed appropriate by the Director:
(i) for the protection of any Highway, public infrastructure and property
abutting the area subject to the ROP,
(ii) for the protection of the health and safety of the public and the
environment,
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(iii) for the purposes of administration of ROPs and the operations of the
Town,
(iv) for the purposes of maintaining proper standards and workmanship with
respect to any work conducted on the Highway,
(v) for the purposes of protecting the Town interests with respect to any
risks associated with the work or activities pursuant to the ROP, and
(vi) to satisfy any requirements of this by-law or any other applicable
legislation.
(c) refuse to issue a ROP if:
(i) the Application is not completed, all the information as required under
this by-law is not provided or the Application does not meet all the
requirements of this by-law,
(ii) the required fees or securities are not provided, or
(iii) the Applicant has not addressed, to the Director’s satisfaction, any non-
compliance or default with respect to a previous ROP.
4.4. In addition to the above, the Director may, on his or her own initiative, acting
reasonably:
(a) alter or revoke the terms and conditions of a ROP after it has been issued;
or
(b) impose new terms and conditions in a ROP.
4.5. A ROP holder shall immediately inform the Director of any change to:
(a) the information contained in an Application for a ROP;
(b) the information contained in a ROP that has been issued;
(c) the characteristics of the activity or work for which the ROP has been
issued; or
(d) the cancellation of any related activity or work.
In the case of any such change, the Director may require revised or additional
information, additional prescribed fees, or a new Application with respect to the
change.
4.6. A ROP shall be time limited and shall expire pursuant to the terms and conditions
as set out in the ROP, upon completion of the work or activity governed by the
ROP or revocation of such ROP, whichever occurs first.
4.7. Prior to the expiry of an ROP, a ROP holder may apply for an extension to the
ROP, and the Director may approve of such extension, having regard to:
(a) the work to be completed during the extension;
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(b) the progress of the work up until the date of the Application;
(c) the performance of the ROP holder up until the date of the Application;
(d) any potential conflict that may result from the extension with other planned
or ongoing work; and
(e) the safety and convenience of the public.
4.8. A ROP issued under this by-law is the property of the Town and is not
transferrable or assignable.
4.9. The Director may revoke a ROP if the ROP holder, or parties conducting the
work or activities pursuant to the ROP on behalf of the ROP holder:
(a) fail to comply with the terms and conditions of such a ROP or fail to comply
with this by-law;
(b) fail to notify the Director immediately of any of the changes referred to in
subsection 4.5 of this by-law;
(c) fail, within thirty (30) days after the issuance of the ROP, to commence the
work or activity, beyond a preliminary or nominal level, for which the ROP
was obtained;
(d) substantially discontinue the work or activity for a period of more than thirty
(30) days;
(e) provide false or inaccurate information in the Application for the ROP; or
(f) any Person doing work on behalf of the ROP holder has failed to comply
with any applicable law, statutes, regulations, orders, standards, codes, by-
laws or rules.
4.10. In addition to the above, the Director may immediately suspend or revoke a ROP
issued under this by-law, in writing, where the Director is satisfied that a
suspension or revocation is necessary in an emergency situation of immediate
threat or danger to a Highway, public infrastructure, any property abutting a
Highway, or to any Person.
4.11. The Director may give notice of the suspension or revocation of a ROP by
contacting a ROP holder in writing, by telephone or by email in accordance with
the contact information provided on the ROP Application.
4.12. Notwithstanding anything in this by-law, if the Director or an Officer deems that
an emergency exists, or may ensue, as a result of any activities pursuant to a
ROP, as a result of expiry, revocation or suspension of a ROP, or as a result of
activities requiring a ROP that were conducted without a valid ROP, being, or
about to become, a source of danger to the health and safety of the public or to a
Highway or public infrastructure, the Director or Officer may take such measures,
without notice, as the Director or Officer may deem necessary to remove the
danger or potential danger at the expense of the Person responsible for creating
the danger, or potential danger.
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4.13. Any decision of the Director pursuant to this Section shall be final without a right
to appeal to the Council.
5.Encroachment Application
5.1. Any Person requesting authorization to erect, install or maintain an
Encroachment on a Highway that is not exempt under subsection 3.1 or
otherwise permitted under this by-law, is required to submit an Application to the
Director for permission for the Encroachment.
5.2. The form and content of the Application for an Encroachment shall be as
prescribed by the Director from time to time and the Director may require as part
of an Application:
(a) any affidavits, drawings, plans, surveys, photographs and other documents
the Director deems to be necessary in order to assess the proposed
Application;
(b) any information deemed necessary by the Director to be able to evaluate the
Application with respect to the proposed activities and the associated
timeframes; and
(c) a reasonable estimate of the cost of performing the associated works.
5.3. Upon receipt of an Application for an Encroachment and receipt of the applicable
fees, the Director shall make investigations as necessary to assess the
Application and may, in accordance with the criteria and requirements set out in
this by-law:
(a) approve an Application for the Encroachment after receipt of a complete
Application that meets all the requirements of this by-law;
(b) in the case of an approved Application for an Encroachment, impose such
terms and conditions to any associated Encroachment Agreement deemed
appropriate by the Director:
(i) for the protection of any Highway, public infrastructure and property
abutting the area subject to the Encroachment,
(ii) for the protection of the health and safety of the public and the
environment,
(iii) for the purposes of administration of Encroachments and the operations
of the Town,
(iv) for the purposes of maintaining proper standards and workmanship with
respect to any work conducted on the Highway, and
(v) for the purposes of protecting the Town interests with respect to any
risks associated with the presence of the Encroachment or work or
activities related to the Encroachments,
(vi) to satisfy any requirements of this by-law or any other applicable
legislation.
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(c) refuse to approve an Encroachment if:
(i) the Application is not completed, all the information as required under
this by-law is not provided or the Application does not meet all the
requirements of this by-law,
(ii) the required fees are not provided, or
(iii) the Applicant has not addressed, to the Director’s satisfaction, any non-
compliance or default with respect to the Encroachment or a previous
Encroachment Agreement related to the same Encroachment or
property.
5.4. The Director may approve an Application for an Encroachment if the proposed
Encroachment:
(a) does not obstruct pedestrian or vehicle sight lines as per the Geometric
Design Guide;
(b) does not interfere with traffic control devices or Signs;
(c) does not obstruct driveways, impede or pose a hazard or potential hazard to
pedestrian or vehicle traffic;
(d) does not interfere with the Town's ability to maintain the Town’s property,
including Highways, in a state of good repair and maintenance, including
keeping Town property free of litter, snow and ice;
(e) does not interfere with the existing sidewalks, bicycle trails and future
locations of sidewalks, bicycle trails or utilities;
(f) does not extend into the Boulevard area fronting any property other than of
the Owner when the common lot line is projected perpendicular to the road,
unless the Owner of such other property consents to it in writing;
(v) does not create a condition or obstruction that results in any pedestrian path
of travel not meeting any standard established pursuant to the Accessibility
for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 with respect to
exterior paths of travel, regardless of when such path of travel was
constructed or redeveloped;
(g) is on a parcel that is directly adjacent to the parcel owned by the Applicant;
(h) is in a state of repair pursuant to the Minimum Maintenance Standards for
Municipal Highways; and
(i) satisfies any other criteria considered appropriate by the Director.
For clarity, the Director is not required to approve any Application for an
Encroachment pursuant to this subsection, even if it satisfies all of the criteria set
out above, and may choose to only approve Applications in exceptional
circumstances as determined by the Director or pursuant to any internal policies
established by the Director.
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5.5. If granted approval pursuant to subsection 5.3 for a specific Encroachment, an
Owner of land adjoining the Highway is permitted to maintain such an approved
Encroachment provided that he/she enters into an Encroachment Agreement,
pursuant to the terms of this by-law, with respect to such an Encroachment and
complies with all the terms of this by-law, any terms or conditions imposed by the
Director under subsection 5.3 and the associated Encroachment Agreement.
5.6. Notwithstanding anything in this by-law, the Director has the authority to allow an
Encroachment and the authority to waive the requirement for an Encroachment
Application or an Encroachment Agreement in cases of Encroachments that are
deemed by the Director to be of trivial or inconsequential nature, but only if such
Encroachments do not appear to pose any hazard to the health and safety of the
public and do not interfere with any Town operations. In any case where an
Encroachment is permitted pursuant to this subsection, the Director has the
authority to rescind any such permission or waiver, at any time and for any
reason, and require that an Application be submitted and/or an Encroachment
Agreement be entered into with respect to an Encroachment, or otherwise that
such an Encroachment be removed pursuant to this by-law.
5.7. Any decision of the Director pursuant to this Section shall be final without a right
to appeal to the Council.
6.Encroachment Agreement
6.1. Where an Application for an Encroachment has been approved by the Director
pursuant to subsection 5.3, the Owner of land adjoining the Highway that intends
to or has placed an Encroachment shall enter into an Encroachment Agreement
with the Town and pay the Encroachment Agreement Fee, as set out in the Fees
and Charges By-law in effect at the time of approval by the Director of the
Application.
6.2. Where an Applicant fails to pay the Encroachment Agreement Fee within thirty
(30) calendar days of receipt of notice of approval by the Director or where the
Applicant fails to execute an Encroachment Agreement within the thirty (30)
calendar days, or such longer period the Director deems appropriate at his/her
discretion, from receipt of the Encroachment Agreement from the Town, the
Applicant shall be deemed to have abandoned its Application and such
Encroachment, if already placed, shall be immediately removed from the
Highway by the Owner and at the Owner’s expense and any associated
Application or approval for an Encroachment shall be deemed to be void and the
Applicant shall not be entitled to any refund of fees remitted to the Town.
6.3. Any Encroachment Agreement entered into by the Town, in addition to any terms
and conditions imposed by the Director pursuant to paragraph (b) of subsection
5.3, shall to the satisfaction of the Solicitor:
(a) require the Applicant to indemnify the Town for any claims, damages or
causes of action that may arise as a result of the Encroachment;
(b) release the Town from and waive any claims the Applicant has or may have
in the future with respect to the Encroachment and any actions or omissions
of the Town in relation to the Encroachment, including damage, inspection,
maintenance and removal;
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(c) require the Applicant to provide the Town with comprehensive general
liability insurance, satisfactory to the Solicitor, against any occurrence of
injury, death or property damage resulting from the Encroachment; and
(d) be subject to any requirements of this by-law.
6.4. Any Encroachment Agreement entered into by the Town may, subject to the
discretion of the Director, be time limited or expire pursuant to the terms of such
an agreement. Upon request from an Owner who is party to an Encroachment
Agreement, the Director may renew or extend an Encroachment Agreement on
terms satisfactory to the Director and the Solicitor provided that:
(a) the Owner requesting the renewal or extension pays to the Town the
extension/renewal fee, as set out in the Fees and Charges By-law in effect
at the time of submitting the renewal/extension request;
(b) the Owner that is party to the Encroachment Agreement and the
Encroachment that is subject to the agreement comply with all the
requirements of this by-law and the associated Encroachment Agreement;
and
(c) the Owner requesting the renewal or extension executes any amendment or
other documentation required by the Solicitor in association with the
extension or renewal.
6.5. Where the Solicitor deems it appropriate, an Encroachment Agreement may be
registered against title to the property of the Owner who is a party to the
Encroachment Agreement and the Highway upon which the Encroachment exists
and all expenses in doing so shall be paid for in advance by such Owner.
6.6. The entering into an Encroachment Agreement does not create any vested right
in the Owner or occupant of the Premises to which the Encroachmentis
adjacent, or in any other Person, and the Encroachment Agreement may be
terminated at any time in accordance with this by-law or the terms set out in the
Encroachment Agreement.
6.7. Owners who are a party to an Encroachment Agreement shall notify future
purchasers of any such Encroachment Agreement.
6.8. Any decision of the Director pursuant to this Section shall be final without a right
to appeal to the Council.
7.Discontinuance of Encroachments
7.1. The Director may revoke an approval of an Encroachment and terminate any
associated Encroachment Agreement if the Owner of Premises to which an
Encroachment is adjacent provides notice to the Town that he/she wishes to
permanently discontinue the Encroachment. If such notice is provided, such an
Owner shall restore the Highway to the condition the lands were in prior to the
placing of the Encroachment at his/her own expense and in compliance with this
by-law.
7.2. If the Director is, at any time, of the opinion that a breach of the terms and
conditions of an Encroachment Agreement has occurred and that the default has
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not been remedied, or where an Encroachment Agreement has expired,
terminated or been invalidated, the Director may revoke the approval of an
Encroachment and terminate any associated Encroachment Agreement.
Following such revocation and/or termination, the Director shall cause a notice to
be sent to the Owner of the Premises responsible for or associated to the
Encroachment and upon the receipt of such a notice from the Town, the Owner
of the adjacent Premises shall have the Encroachment removed or filled in and
closed up and the Highway be restored to the condition the lands were in prior to
the placing of the Encroachment at the expense of the Owner.
7.3. Where an Owner fails to have an Encroachment removed, filled in and/or closed
up, as required by this section within ten (10) business days of providing the
notice pursuant to subsection 7.1 or receiving the notice pursuant to subsection
7.2, the Encroachment may be removed or filled in and closed up by the Town
and the Highway restored to the condition the lands were in prior to the placing of
the Encroachment at the expense of such Owner.
8.Removal of Encroachments
8.1. In addition to any other rights and remedies set out in this by-law, where the
Town becomes aware of an Unauthorized Encroachment, including Soft
Landscaping and Paving Stones that do not comply with the requirements of this
by-law, the Director or an Officer may:
(a) give notice in writing to the Owner of the Premises to which an Unauthorized
Encroachment is adjacent, to forthwith remove, fill in or close up the
Unauthorized Encroachment and to restore the Highway to the condition the
lands were in prior to the placing of the Encroachment at the expense of the
Owner; or
(b) remove, fill in or close up any Encroachment without notice and require the
Owner of the Premises to which an Unauthorized Encroachment is adjacent,
to restore the Highway to the condition the lands were in prior to the placing
of the Encroachment at the expense of such an adjacent Owner.
8.2. Where the notice pursuant to paragraph (a) of subsection 8.1 is not complied with
within five (5) business days of the date of the notice, the Town may, on behalf of
the Owner, remove, fill in or close up the Unauthorized Encroachment and
restore the Highway to the condition the lands were in prior to the placing of the
Encroachment at the expense of the Owner.
8.3. Without limiting any rights and in addition to any remedies under this by-law, the
Town may remove all parts of any item that creates, forms or contributes to an
Unauthorized Encroachment, regardless of whether all such parts constitute an
Unauthorized Encroachment or whether the removal of certain components of an
Unauthorized Encroachment would render it compliant under this by-law. Without
limiting the above, when an Encroachment grows or expands to a condition
where it is not permitted under this by-law, the Town may remove the entire
Encroachment from the Highway at the expense of the adjacent Owner.
8.4. Any materials or residue forming part of or attached to an Encroachment that are
removed by or on behalf of the Town may, at the discretion of the Director or an
Officer handling the matter, be deposited at the Owner's Premises or disposed of
without notice to the Owner.
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8.5. Notwithstanding anything in this by-law, if the Director or an Officer deems that
an emergency exists, or may ensue, as a result of any Encroachment, regardless
of whether or not it is authorized or permitted under this by-law, being, or about to
become, a source of danger to the health and safety of the public or to a Highway
or public infrastructure, or if the Director deems that an Encroachment,
regardless of whether or not it is authorized or permitted under this by-law, is
required to be removed, entirely or in part, for the purpose of conducting any
construction or operations by the Town or any Town service, the Director or
Officer may:
(a) provide written notice to the Owner of the Premises to which the
Encroachment is adjacent, requiring the repair, removal, filling in or closing
up of the Encroachment and restoration of the Highway at the expense of
the Owner, and/or
(b) take such measures on behalf of the Owner, without notice to the Owner, as
the Director or Officer may deem necessary to remove the danger or
potential danger created by the Encroachment at the expense of the Owner.
8.6. Where a notice pursuant to paragraph (a) of subsection 8.5 is not complied with
within five (5) calendar days, or such other time set by the Director or Officer, of
the date of the notice, the Director or Officer may, on behalf of the Owner, repair,
remove, fill in or close up the Encroachment subject to the notice and restore the
Highway to the condition the lands were in prior to the placing of the
Encroachment at the expense of the adjacent Owner subject to the notice.
8.7. In addition to section 8.5 and notwithstanding anything in this by-law, any Person
acting on behalf of, or under the authority of, the Town may, at any time and for
any reason, remove or damage any Encroachment, or any part of an
Encroachment, regardless of whether or not it is authorized or permitted under
this by-law, that is not subject to an Encroachment Agreement.
9.Liability
9.1. The provisions of this by-law shall not be construed as relieving or limiting the
responsibility or liability of any Person who undertakes or causes any activities,
works or Encroachment on any Highway. Likewise the provisions of this by-law
shall not be construed as imposing on the Town, its officers, employees or
agents, any responsibility or liability by reason of approval or inaction with
respect to any Application, ROP or Encroachment.
9.2. Any item or Encroachment, regardless of whether or not it is authorized or
permitted under this by-law, placed or left on any Highway is at the complete risk
and responsibility of the Person leaving or placing, or causing it to be placed or
left, on the Highway. The Town, its officers, employees or agents, are not
responsible or liable for any repair or replacement of any items, ROP works or
Encroachment removed or damaged as a result of any Town undertakings,
activities, or activities by agents or contractors on behalf of the Town, including
any construction, reconstruction, repair and maintenance activities and clearing
or removing of litter, graffiti, posters, snow or ice, and any other actions taken by
the Town, including any actions taken and the removal of any works or
Encroachments under the authority of this by-law.
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9.3. Neither, the granting of any ROP, permission for an Encroachment, approving
any Application, entering into an Encroachment Agreement, nor any renewal or
extension of the above, is intended to and shall not be construed as granting any
property rights over any Highway or Town property, or permission or consent by
the Town to contravene or fail to observe or comply with any laws of Canada or
Ontario or any other by-law of the Town or the Regional Municipality of York.
10.Administration and Enforcement
10.1. The Director shall be responsible for and is delegated the power to administer
and enforce this by-law, including prescribing the content of any forms or other
documents required under this by-law, setting conditions of ROPs and
Encroachment Agreements, permitting Encroachments, issuing any ROPs and
entering into any agreements all as pursuant to this by-law.
10.2. The Director and Officers of the Town are hereby delegated the authority to
enforce this by-law, including the authority to conduct inspections pursuant to this
by-law, the Act, as amended, and any other applicable by-law or legislation.
10.3. The Director is authorized to delegate responsibilities for the administration and
enforcement of this by-law to any Town staff or external third parties deemed to
be qualified and appropriate by the Director for such purposes.
11.Power of Entry, Inspection, Prohibitions
11.1. An Officer, or any other individual authorized to enforce this by-law on behalf of
the Town, may at any reasonable time enter upon any land for the purpose of
carrying out an inspection to determine whether the following are being complied
with:
(a) this by-law;
(b) any ROP or agreement issued pursuant to this by-law,
(c) any direction or order under this by-law; or
(d) an order issued under section 431 of the Act.
11.2. Where an inspection is conducted pursuant to this section, an Officer or any
other individual authorized to enforce this by-law on behalf of the Town, may:
(a) require the production for inspection of documents or things relevant to the
inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies and extracts;
(c) require information from any Person concerning a matter related to the
inspection; and
(d) alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection.
Page 64 of 95
By-law Number XXXX-XX Page 18 of 20
11.3. No Person shall hinder or obstruct or attempt to hinder or obstruct the Town, its
employees, officers or agents from carrying out any powers or duties under this
by-law.
11.4. No Person shall fail to comply with, or contravene, any order or direction issued
by the Town pursuant to this by-law or the Act.
11.5. Where an Officer, or an individual authorized to enforce this by-law, has
reasonable grounds to believe that an offence has been committed by any
Person, they may require the name, address and proof of identity of that Person,
and the Person shall supply the required information.
11.6. No Person shall decline or neglect to give, produce or deliver any access,
information, document or other thing that is requested by the Town pursuant to
this by-law.
11.7. No Person shall knowingly make, participate in, assent to or acquiesce in the
provision of false information in a statement, affidavit, application or other
document prepared, submitted or filed under this by-law.
12.Orders
12.1. Where any Officer is satisfied that a contravention of this by-law has occurred,
such Officer may make an order requiring the Person who caused or permitted
such contravention, or the Owner or occupier of the land on which the
contravention occurred, to discontinue the contravening activity and/or to do work
to correct the contravention.
12.2. An order pursuant to subsection 12.1 shall set out the following:
(a) reasonable particulars identifying the location of the land on which the
contravention occurred;
(b) reasonable particulars of the contravention;
(c) what is required of the Person subject to the order (i.e., what activity is to be
seized and/or actions or work to be done);
(d) the date by which there must be compliance with the order and/or, if any
work is ordered, the date by which any such work must be done; and
(e) information regarding the Town's contact Person.
12.3. An order pursuant to subsection 12.1 shall be deemed to have been received
upon:
(a) Personal service of the order to the Person being served; or
(b) the fifth (5th) day after the order is sent by registered mail to the last known
address of the Person who is subject to the order.
13.Remedial Action and Cost Recovery
13.1. Wherever this by-law or an order issued under this by-law directs or requires any
matter or thing to be done by any Person within a specified time period, in default
Page 65 of 95
By-law Number XXXX-XX Page 19 of 20
of it being done by the Person directed or required to do it, the action may be
taken under the direction of the Director or an Officer at that Person’s expense
and the Town may recover the costs incurred through a legal action or by
recovering the costs in the same manner as taxes.
13.2. For the purposes of taking remedial action under subsection 13.1, the Town, its
staff and/or its agents may enter, at any reasonable time, upon any lands on
which a default to carry out a required thing or matter occurred.
14.Offences and Penalties
14.1. Every Person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine as provided for in the Provincial Offences
Act, R.S.O. 1990, c. P. 33, as amended.
14.2. Every Person who contravenes any order issued pursuant to this by-law is guilty
of an offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
14.3. If a corporation has contravened a provision of this by-law, including an order
issued under this by-law, every director and officer who knowingly concurred in
such a contravention is guilty of an offence and upon conviction is liable to a fine
as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as
amended.
14.4. Pursuant to subsection 429(2) of the Act, all contraventions of this by-law or
orders issued under this by-law are designated as multiple offences and
continuing offences. If a contravention of any provision of this by-law has not
been corrected, or an order issued under this by-law has not been complied with,
the contravention of such a provision or an order shall be deemed to be a
continuing offence for each day or part of a day that the contravention remains
uncorrected or an order not complied with. A multiple offence is an offence in
respect of two (2) or more acts or omissions each of which separately constitutes
an offence and is a contravention of the same provision of this by-law.
14.5. In addition to fines under this section, a Person convicted of an offence under this
by-law may be liable to a special fine in the amount of the economic advantage
or gain that such a Person obtained from the contravention of this by-law.
14.6. Where a Person is convicted of an offence under this by-law, the court in which
the conviction has been entered, and any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition of the
offence by the Person convicted.
15.Administrative Penalties
15.1. Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990, c. P.
33, as amended, for a breach of any provision of this by-law, an individual
authorized to enforce this by-law on behalf of the Town may issue an
administrative penalty to the Person who has contravened this by-law.
15.2. Individuals authorized to enforce this by-law on behalf of the Town have the
discretion to either proceed by way of an administrative penalty or a charge laid
under the Provincial Offences Act, R.S.O. 1990, c. P.33. If an administrative
Page 66 of 95
By-law Number XXXX-XX Page 20 of 20
penalty is issued to a Person for the breach, no charge shall be laid against that
same Person for the same breach.
15.3. The amount of the administrative penalty for a breach of a provision of this by-
law, shall be as established pursuant to applicable Town by-laws.
15.4. A Person who is issued an administrative penalty shall be subject to the
procedures as provided for in the applicable Town by-laws relating to
administrative penalties.
15.5. An administrative penalty imposed on a Person pursuant to this by-law that is not
paid within fifteen (15) days after the day it becomes due and payable,
constitutes a debt of the Person to the Town and may be added to a municipal
tax roll and collected in the same manner as municipal taxes.
16.Interpretation
16.1. In this by-law, unless the context otherwise requires, words importing the singular
number shall include the plural and words importing the masculine gender shall
include the feminine.
17.Severability
17.1. If a court of competent jurisdiction declares any provision, or any part of a
provision, of this by-law to be invalid or to be of no force and effect, it is the
intention of the Town in enacting this by-law that such provision or part of a
provision shall be severable, and such a decision shall not affect the validity of
the remaining sections, subsections, clauses or phrases of this by-law.
18.Repeal
18.1. By-laws Number 4734-05.P, Number 4744-05.P and Number 5733-15, all as
amended, are hereby repealed.
19.Short Title
19.1. This by-law shall be known and may be cited as the “Occupancy and
Encroachment of Highways By-law”.
20.Effective Date
20.1. This by-law comes into full force and effect on the date of final passage hereof.
Enacted by Town of Aurora Council this XX day of XXXX, 2020.
___________________________________
Tom Mrakas, Mayor
___________________________________
Michael de Rond, Town Clerk
Page 67 of 95
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
General Committee Report
No. FIN20-021
______________________________________________________________________
Subject: Bill 197 – Update on Proposed Legislative Changes to
Development Charges Act and Planning Act
Prepared by: Alice Liu, Senior Financial Management Advisor
Department: Finance
Date: September 8, 2020
______________________________________________________________________
Recommendation
1. That Report No. FIN20-021 be received.
Executive Summary
This report provides an overview and amendments made within Bill 197 “Covid-19
Economic Recovery Act, 2020” (“Bill”) relating to the proposed changes to the
Development Charges Act (DC Act) and the Planning Act. Bill 197 builds on previous
changes made within Bill 108 “More Homes, More Choice Act, 2019” and Bill 138 “Plan
to Build Ontario Together Act, 2019". This Bill which received royal assent on July 21st
includes multiple amendments to these two acts.
Bill 197 has repealed changes previously made on Bill 108/138 and its legislation
will amend the Development Charges Act and the Planning Act
This Bill makes two of the Town services in the DC bylaw ineligible for recovery
under the Development Charges Act, but removes the 10 percent statutory
deduction on eligible soft services
A new Community Benefits Charge has been introduced to replace Section 37 of
the Planning Act through which municipalities may recover their growth related
costs
The Town can choose if it wants to implement a Community Benefits Charge
Several parkland dedication changes have been made to the Planning Act
The Bill has also made other Planning Act changes
There are multiple next steps in the Town’s implementation of these changes
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September 8, 2020 2 of 12 Report No. FIN20-021
Background
Bill 197 “Covid-19 Economic Recovery Act, 2020” was given first reading by the Ontario
Government on July 8, 2020. Although its regulations are yet to be approved, it has
received Royal Assent on July 21, 2020. This Bill was introduced to amend Bill 108/138
that were previously prescribed.
On June 6, 2019, Bill 108 “More Homes, More Choices Act, 2019” received Royal
Assent. The Act proposed changes to the Development Charges Act and Planning Act.
One December 10, 2019, Bill 138 “Plan to Build Ontario Together Act, 2019” received
Royal Assent, introducing modifications to Bill 108.
In recognition that the Town would need to update its development charge study and
bylaw as result of this legislation change, Council approved a capital project for the
engagement of a consultant as part of the Town’s 2020 capital budget.
On December 20, 2019, Bill 108 and 138’s complimentary O/Reg. 454/19 under the DC
Act was filed by the province which specified the definition of Institutional, Non-profit,
and Rental developments.
This regulation addressed the following key Bill 108/138 provisions which came into
force on January 1, 2020 are:
For all developments, the amount of DCs payable is determined and frozen on the
day a site plan application or Zoning bylaw amendment application is submitted, as
provided for in Section 26.2(1) of the DC Act.
On the date on which the application is deemed complete by the Planning and
Development department as per the Planning Act, a two-year period begins.
DCs payable for building permits issued within the two-year period will be charged at
the frozen rate determined on the day of site plan application or Zoning bylaw
amendment submission.
DCs payable for building permits issued after the two-year period will be updated to
the prevailing rate and bylaw at the time of the building permit issuance.
Residential, Commercial, and Industrial developments will continue to pay full
amount of DCs owing at the time of building permit issuance.
For Institutional, Non-profit, and Rental developments, the Town can charge interest
on the DCs payable on the application completion date, as permitted under Sections
26.1(7) of the DC Act. The Province has not prescribed any restrictions on the
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September 8, 2020 3 of 12 Report No. FIN20-021
interest rate and policy. DC payments will commence at the earlier of date of
Occupancy Permit Issuance or Date of Occupancy.
o For Institutional and Rental developments, DC is payable in six equal annual
instalments over five years.
o For Non-profit developments, DC is payable in 21 equal annual instalments
over 20 years.
In response to Ontario Regulation 454/19, on April 28, 2020 Council approved a series
of changes to the Town’s development charge administration procedures.
It is important to note that the Province has actively sought input from all municipal
stakeholders as the aforementioned legislation has been tabled and subsequently
enacted. Together with colleagues from other York Region municipalities, as well as
feedback provided by the Town’s development charge consultant, the Province has
been responsive to the impacts on the municipal sector. The Region has also
previously submitted proposed legislative framework to Council for consideration in
2019 and 2020 relating to this matter.
Analysis
Bill 197 has repealed changes previously made on Bill 108/138 and its legislation
will amend the Development Charges Act and the Planning Act
Bill 197 aims to create jobs and stimulate economic activities, as well as introduce
changes to the land use planning regime that were contemplated as part of Bill 108.
CBC being positioned as a single source mechanism to primarily recover the cost of
growth from developers within Bill 108 are now being repealed in this Bill.
Although the substantive details of Bill 197 will follow within its accompanying
regulations which are yet to be approved, this legislation will amend 20 statues in order
to provide municipalities with the tools necessary to support economic recovery from
COVID-19. These amendments include changes to key sections of the Development
Charges and the Planning Acts which may influence the Town’s total sources of funding
available to support its “growth related” municipal infrastructure costs.
Page 70 of 95
September 8, 2020 4 of 12 Report No. FIN20-021
This Bill makes two of the Town services in the DC bylaw ineligible for recovery
under the Development Charges Act, but removes the 10 percent statutory
deduction on eligible soft services
Bill 197 has restored eligibility for collection under provision of the Development
Charges Act for certain municipal services that were previously identified as excluded
services under Bill 108, as well as eliminated the mandatory 10 percent statutory
deduction of eligible soft services (i.e. municipal infrastructure in the areas of Parks,
indoor and outdoor recreations, Library services, Fire & etc.). In the broader categories
of municipal services where Development Charge eligibility has been restored include:
Libraries
Long-Term Care
Public Health
Indoor & Outdoor Recreation (excluding the provision to acquire)
Childcare
Housing Services (i.e. affordable housing & Shelters)
Bylaw Enforcement/Court Services
Emergency Preparedness
Bill 197 did not restore two town services, these services remain ineligible for recovery
through development charges:
General Government (i.e. Administrative Buildings)
Municipal Parking
This strategy allows existing development charge funded services to continue their
eligibility for development charge recovery. By recommending them in the Act rather
than in its accompanying Regulation, this list of services will be less subject to change,
however the Province will have the power to impose additional services in the future
through Regulation if required.
These now ineligible municipal services will need to be removed from the Town’s
existing DC Study and bylaw and will become only recoverable through a Community
Benefits Charge (CBC) under the Planning Act which will be discussed later in this
report.
The preliminary assessment for the removal of the 10 percent statutory deduction,
which the soft services were previously only 90 percent recoverable based on eligible
growth related capital costs on the basis of historical service level standards appears to
better support the principle of “growth paying for growth” and advances cost recovery of
the overall impacts.
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September 8, 2020 5 of 12 Report No. FIN20-021
It is the Town’s intent to engage a consultant who will undertake a review and update of
the Town’s development charges study and bylaw, including the identification of the
financial impacts to the Town. However, to illustrate the possible impact of these
changes, Table 1 is prepared to illustrate changes to the Town’s current Singles and
Semi Detached Dwelling development charges rate.
Table 1 demonstrates that the overall rate per unit is expected to be larger after all
anticipated changes have been applied, with a net favorable DCs increase of $922 if the
two ineligible soft services are removed and the 10 percent statutory deduction of
eligible soft services are restored.
Table 1
Illustration of Bill’s Anticipated Impacts on Development Charges
Figure 1 (left) presents a summary of the hard and soft development services that the
Town recovers through its present development charge. Figure 1 (right) presents the
Bill’s anticipated impacts on these recoverable services. It can be observed from these
figures that the development services that are expected to be no longer recoverable
under the DC Act represent a relatively small component of Town’s total DC charge.
DC Types
*DC Rate ($)
as of July 1, 2020
** DC Rate ($)
Bill 197
Anticipated Impacts Net Change
Hard service Services Related to a Highway 6,425 6,425 -
Hard service Wastewater Services 768 768 -
Hard service Water Supply and Distribution Services 395 395 -
Hard service Fire Services 932 932 -
Soft service Outdoor Recreation Servies 6,319 7,021 702
Soft service Indoor Recreation Services 7,929 8,810 881
Soft service Library Services 1,374 1,527 153
Soft service (ineligible)Municipal Parking Spaces 4 - (4)
Soft service (ineligible)General Government 810 - (810)
Total 24,956 25,878 922
* Soft cost - at 90%, Hard cost - at 100%
** Soft cost - at 100%, Hard cost - at 100% (ineligible services removed)
Page 72 of 95
September 8, 2020 6 of 12 Report No. FIN20-021
Figure 1
Development Charges Breakdown
A new Community Benefits Charge has been introduced to replace Section 37 of
the Planning Act through which municipalities may recover their growth related
costs
Bill 197 introduced a new Community Benefits Charge (CBC) through which a
municipality can recover select growth related costs. More specifically, a CBC may be
used to recover the capital costs of any service needed due to development. This may
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September 8, 2020 7 of 12 Report No. FIN20-021
include any service that is ineligible or eligible for recovery under the DC Act, as well as,
costs for parkland dedication or density bonusing. The primary rule of thumb is that
these costs must be recovered only once from a given development. In other words, a
municipality should not recover the same service growth costs arising from a
development through its development charges or parkland dedication bylaws that has
already recovered through the CBC.
Under the new Community Benefits Charge regime, the following criteria will apply:
A CBC may only be used by lower and single-tier municipalities
Bill 197 prescribes that a CBC
o may only be levied on residential development of at least 10 residential
units and five storeys at or above ground
o may be used in conjunction with existing parkland provisions
o its bylaw must consider any existing parkland dedication bylaws and is
appealable to the Local Planning Appeal Tribunal
o cannot be area specific
o Must be calculated using prescribed percentages of the land value on the
day before the date of the building permit issuance for a development are
expected to be finalized through subsequent regulations
In essence, the CBC will eliminate all low and/or medium density residential
developments from paying the CBC, however its impact is not yet clear in the context of
non-residential developments at this time.
Parameters relating to the CBC also include a prescribed cap as a percentage of land
value on the day before the date of the building permit issuance for an approved
development parcel of land. However, a land appraisal must be completed for every
proposed development in order to derive the CBC owing and therefore increase
administrative procedures for the Town staff to coordinate and administer such
processes (i.e. third party land appraisal). Lower-tier municipalities are prescribed at a
10 percent cap as suggested by the Minister. Each municipality will be required to
complete a CBC strategy that demonstrates its need to charge the full available 10
percent cap, as well as produce an accompanying CBC bylaw. This 10 percent cap may
prove to be restrictive and will not provide revenue neutrality and more importantly may
impact the overall efficiency of the Town’s growth management strategy.
Although a local municipality may impose a CBC against land to pay for the capital
costs of facilities, services and matters required for a development or redevelopment,
Bill 138 has provided the avenue for a developer to appeal a CBC bylaw to the Local
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September 8, 2020 8 of 12 Report No. FIN20-021
Planning Appeal Tribunal (LPAT), which in turn may require that the Town refund partial
or whole of CBC collected plus applicable interest after a successful appeal.
The Town can choose if it wants to implement a Community Benefits Charge
The majority of the Town’s current and short term projected residential development will
not meet the criteria as set under Bill 197 whereby the development must exceed five
storeys at or above ground and consist of at least 10 residential units. Whereby the
majority of new growth relating to mid/longer term projected residential development will
come from infilling and intensification. These facts must be taken into consideration as
the Town evaluates its possible use of an optional CBC for its recovery of growth
related costs.
The Town should consider the benefits and costs of introducing a CBC bylaw compared
to continuing to use the amended parkland dedication/cash in-lieu and density bonusing
provisions within the Planning Act. The CBC option is only available for mid to high
density residential development (i.e. at least five storeys at or above ground and consist
of at least 10 residential units) of which will represent a very small proportion of the
Town’s overall anticipated development.
As low density residential development is not eligible for CBCs, the Town will need to
recover the growth costs through the more traditional provisions of the Planning Act.
The benefits and costs of using a CBC will vary materially from one municipality to the
next depending upon the nature of their future planned development and existing levels
of service. As such, the feasibility of a CBC strategy should be developed in
conjunction with a review of the Town’s Development Charge bylaw, including an
evaluation of the impacts of changes in the Development Charge legislation, parkland
dedication and density bonusing needs, which may include:
Anticipated increase in need for municipal services resulting from new
development or re-development
A park plan that examines the need for parkland
Master planning examination of parkland requirements, (i.e. the amount of
parkland per person standard is anticipated to increase, decrease or remain
consistent)
Municipal infrastructure needs/capital costs arise from new development or re-
development
Development forecast relating to anticipated residential and non-residential types
and location
Whether existing residents can be benefit from the increase in need for service
Funding identification such as capital grants, subsidies or other external funding
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September 8, 2020 9 of 12 Report No. FIN20-021
Should the Town decide to opt out of a CBC, it will need to devise an approach that
mitigates the impacts of these changes to the Planning Act. Alternative funding will
need to be identified to support of land acquisition and/or municipal services that are
now ineligible for recovery under the DC Act, such as general government and
municipal parking services. This source of funding will likely be tax levy and could
adversely impact future year tax rates.
Several parkland dedication changes have been made to the Planning Act
In the current Ontario context, there are three main types of levies available to
municipalities in order to partially recover the cost of growth from developers:
development charges, parkland dedication, and in certain circumstances, height and
density bonusing. The most understood municipal cost recovery tool are development
charges. Parkland dedication and density bonusing are more misunderstood.
Parkland Dedication:
Section 42 of the Planning Act allows that as a community grows, so do their parks and
open spaces – either through the conveyance of land or payment of money in the value
of the lands required. In Aurora, parkland dedication or cash-in-lieu thereof is governed
by by-law number 4291-01.F. Commercial and industrial rates are set at 2% of the
appraised land value of the property, and residential rates are 5% of the appraised land
value, or alternatively one hectare for each 300 dwelling units proposed. Bill 108 had
previously proposed to eliminate the ability of municipalities to charge the alternative
unit-based rates, and to roll parkland dedication in with Community Benefits Charges.
But now Bill 197 proposes to repeal those changes and continue to permit stand-alone
parkland dedication and alternative rates.
Height and Density Bonusing:
Section 37 of the Planning Act allows municipalities to secure a public benefits as a
condition of approval of a Zoning bylaw amendment, in exchange for an increase in
building height and/or density over and above existing planning permissions. In Aurora,
Guidelines for the Implementation of Height & Density Bonusing (Section 37 of the
Planning Act) were introduced to Council in 2016. As the name suggests, height and
density bonusing generally applies to multi-storey development. Public benefits are to
be realized in the neighbourhood where the bonus is given, and often take the form of
affordable housing units that are set aside within the development itself.
Page 76 of 95
September 8, 2020 10 of 12 Report No. FIN20-021
The current system within which municipalities obtain parkland will generally be
maintained under Bill 197 (reversing many of the original major changes that were
proposed under Bill 108). While the current alternative parkland dedication rate in
Aurora’s bylaw of one hectare for each 300 dwelling units proposed will continue to be
permitted in situations where land is to be conveyed under this new legislation, the
maximum alternative rate for payments in lieu set by the Province is different, this rate
has been set lower at one hectare for each 500 dwelling units.
In addition, public consultation will now be required prior to the passing of a bylaw that
sets an alternative parkland dedication rate (unit-based), and an alternative rate would
become appealable to the Local Planning Appeal Tribunal (LPAT). Limits to the LPAT’s
decision-making powers clarify they cannot set higher alternative parkland rates.
Existing parkland dedication bylaw expires two years after the changes come into force
(i.e. July 22, 2022).
The Bill has also made other Planning Act changes
Further Planning Act changes that were made under this bill include the creation of an
office of the Provincial Land and Development Facilitator to advise the Minister of
Municipal Affairs and Housing on complex land use planning issues and provincial
interests. Bill 197 also enables the Minister to give more direction on site plan control
and inclusionary zoning. Related to infrastructure development, Bill 197 revises the
Environmental Assessment process, to reduce timelines in order for infrastructure to be
built sooner.
There are multiple next steps in the Town’s implementation of these changes
Several milestones remain in the Town’s implementation of these above noted Bill 197
changes. Firstly, the Town will need to await the accompanying regulation(s) to be
developed and approved by the provincial government.
The legislation provides municipalities with more time to assess their path forward in
response to this noted legislation with a two year transition period from the date that the
Schedule 3 of Bill 197 comes into force (until July 22, 2022).
Upon the availability of the above regulation(s), the Town is able to proceed with the
below next steps:
1) The Town will engage a consultant to:
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September 8, 2020 11 of 12 Report No. FIN20-021
To assist it in the completion of a comprehensive feasibility study which will
allow it to make a fully informed decision as to whether or not it will implement
the new optional CBC regime; and
To update its Development Charge Study and the Bylaw (#6166-19) in
accordance to the latest amendments made through Bill 197 which will
include the removal of all ineligible services and the additional recovery of the
previous 10 percent discount to soft services. The study and bylaw update
will also be reflective of any outcomes arising from its CBC feasibility study.
To undertake a study to allow the Town to determine whether it should
implement an alternative parkland dedication bylaw or go with the new DC
rate as per Bill 197
Advisory Committee Review
Not applicable
Legal Considerations
Legal considerations are throughout the report.
Financial Implications
As Council approved a capital project as part of the Town’s 2020 capital budget in
support of this planned consultant engagement, the Town will engage a consultant to
assist it in its assessment of the financial impacts arising from the above noted Bill 197
driven changes to both the Development Charges Act and Planning Act. These detailed
financial implications will be presented in a future report to Council through which staff
will present their recommendations for approval.
Communications Considerations
The Town of Aurora will use ‘Inform’ as the level of engagement for this project. There
are five different levels of community engagement to consider, with each level providing
the community more involvement in the decision making process. These levels are:
Inform, Consult, Involve, Collaborate and Empower. Examples of each can be found in
the Community Engagement Policy. These options are based on the International
Association of Public Participation (IAP2) Spectrum and assist in establishing guidelines
for clearly communicating with our public and managing community engagement. In
order to inform, this report with be posted to the Town’s website.
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September 8, 2020 12 of 12 Report No. FIN20-021
Link to Strategic Plan
None
Alternative(s) to the Recommendation
1. Nil
Conclusions
This report provides Council with a summary of the key legislative changes made to the
Development Charges Act and Planning Act as part of the recently approved Bill 197.
Upon receipt of this Bill’s accompanying regulations the Town will engage a consultant
to assist it in its implementation of all these changes. Further details of the Town’s
implementation plan will be presented to Council as they become available. The Town
will have up to a maximum of two years to implement these said changes.
Attachments
Nil
Previous Reports
FIN20-005 - Administrative Changes to the Calculation and Collection of Development
Charges under Bill 108 and Bill 138
Pre-submission Review
Agenda Management Team review on August 20, 2020
Approvals
Approved by Rachel Wainwright-van Kessel, Director, Finance/Treasurer
Approved by Doug Nadorozny, Chief Administrative Officer
Page 79 of 95
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
General Committee Report
No. FIN20-022
______________________________________________________________________
Subject: 2020 Year End Surplus/Deficit Financial Control By-law
Prepared by: Sandy Dhillon, Financial Management Advisor
Department: Finance
Date: September 8, 2020
______________________________________________________________________
Recommendation
1. That Report No. FIN20-022 be received; and
2. That a bylaw be enacted to authorize the Treasurer and the Chief
Administrative Officer to make the following yearend financial adjustments
a) to allocate any 2020 Operating Fund surplus or deficit as set out in Report
No. FIN20-022; and
b) to allocate any 2020 surplus or alternatively fund any deficit in the Water,
Wastewater, or Storm water budgets to or from the appropriate related
reserve accounts; and
3. That the Treasurer and Chief Administrative Officer report to Council after the
year end surplus/deficit control adjustments and allocations have been
completed.
Executive Summary
This report proposes a surplus/deficit control bylaw for the 2020 fiscal yearend, similar
to the one used in past years; which will allow the Town to control its yearend surplus
amounts through making specific allocations to various reserve funds. Should the town
finish the year in a deficit position, this bylaw would also provide the necessary authority
to allocate additional funds from its rate stabilization reserve in order to balance its
operating budget. This report is an annual report to General Committee/Council prior to
yearend.
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September 8, 2020 2 of 6 Report No. FIN20-022
The Town uses allocations to/from various reserve funds to mitigate the
unpredictable impacts of surpluses or deficits carried over from year-to-year
A tax funded surplus supports the tax rate stabilization reserve to protect the
Town’s budget from potential deficits
The next operating forecast is scheduled for October and will include actual
results as of end of August
Background
Surpluses and deficits created by operating results for municipalities must carry into the
following budget years as set out in subsection 290(4) of the Municipal Act, 2001, S.O.
2001, c. 25, as amended (hereinafter the “Act”). Meaning any surpluses or deficits from
a previous fiscal year would need to be factored into the following year’s budget as a
revenue or expense, respectively.
Historically in an effort to manage the unpredictable impacts of a potential operating
budget carryover of surplus or deficit, the Town has mitigated this risk through a surplus
control bylaw.
Analysis
The Town uses allocations to/from various reserve funds to mitigate the
unpredictable impacts of surpluses or deficits carried over from year-to-year
In an effort to mitigate the unpredictable impacts that carry-overs could have on long
range tax rates, budgets and budget pressures, the Town should control its yearend
surplus or short-fall amounts through making specific allocations to/from various reserve
funds as part of the yearend accounting process. However, any such allocation must be
authorized by Council before the end of the fiscal year. Since the final results of the
calendar year are not known for some time, after the close of the year, a formula
approach to surplus allocations is necessary, followed by a detailed report back to
Council. Today’s report and bylaw (to follow) will set this budget control approach in
place for the current year.
A number of municipalities use this same approach as it allows for the separation of the
disposition of surpluses or the funding of short-falls of one year from the following year’s
budget process. It greatly simplifies both the budget process and the yearend reporting
process, while also assisting with transparency to the community.
Page 81 of 95
September 8, 2020 3 of 6 Report No. FIN20-022
A tax funded surplus supports the tax rate stabilization reserve to protect the
Town’s budget from potential deficits
The following actions are recommended for a surplus/deficit resulting from the tax
funded operating results:
a) Any unexpended portions of the 2020 operating budgeted contributions from
reserves will be returned to source as appropriate. The 2020 budgeted
contributions from reserves are as follows:
Table 1
2020 operating budget draws from reserve
Reserve Amount
Roads & Related Repair & Replacement $273,730
Storm $243,817
Tax Stabilization $ 84,000
WSIB $105,000
Facilities Repair & Replacement $93,065
Water $41,870
Sanitary Sewer $42,054
Landscape Fee $75,000
Cash-in-Lieu Parkland $10,000
Recreation Sponsorship $31,000
Arts and Cultural $5,000
b) As required for Bill 124, a Building Permit Fees Reserve Fund was established in
which provisions for potential recessionary years may be made. Any surplus in
these activities is required by legislation to be allocated to the Building Permit
Fees Reserve Fund, while any deficit arising may be funded from this source.
The 2020 Budget included a $614,200 contribution to the building permit fees
reserve fund reflecting a budgeted permit revenue surplus driven by 2C lands
growth. Any budgetary surplus or deficit in the Building Services Division budget
is to be allocated to or funded from the Reserve Fund.
c) That any net Winter Control operations budget surplus be allocated to the Winter
Control reserve fund if the overall operating budget ends the year in a surplus.
Alternatively should a Winter Control operations net operating deficit occur that
cannot be accommodated within the overall operating budget, any remaining net
shortfall will be funded from the Winter Control reserve fund.
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September 8, 2020 4 of 6 Report No. FIN20-022
d) Any remaining surplus may be allocated toward approved carry-forwards to 2021,
if any.
e) Any remaining 2020 net operating surplus after approved carry-forwards will be
allocated in a ratio of 50 percent to the Town’s rate stabilization reserve and 50
percent to be allocated proportionately to the Town’s tax funded Repair &
Replacement reserves.
It is wise for a municipality to maintain reserves specifically intended to stabilize
or cushion annual tax rates from significant one-time or temporary pressures.
Such pressures could include the impacts from significant new service or facility
costs, market conditions affecting revenues, adverse weather or climate events,
or other factors. Staff normally recommend that the Town’s rate stabilization
reserve’s target balance should be approximately 10% of annual tax revenue,
which is a benchmark used by many municipalities. Once this reserve’s ceiling
has been reached any remaining eligible funds to be allocated can instead be
redirected toward other town infrastructure reserves.
Alternatively, should a net operating deficit occur in 2020, adjustments a), and b) above
are still required, with the remaining net shortfall to be funded from the tax rate
stabilization reserve.
The following actions are recommended for a surplus or deficit in the water, wastewater
and stormwater operating budget. Any surplus or deficit for this budget be allocated to
or be funded from the appropriate related reserve fund(s). This will assist in meeting the
requirements of Bill 175 which requires that water and wastewater costs relating to the
replacement of their infrastructure be fully recovered through their rates.
The adjustments authorized by the surplus control bylaw are to have an effective date of
December 31, 2020, whether determined prior to or after that date.
The next operating forecast is scheduled for October and will include actual
results as of end of August
As of the previous forecast review which took place at the end of May, the corporation
was on track to conclude the fiscal year essentially at breakeven from its tax levy
funded operations and a zero variance was projected for the Town’s rate funded
operations. The Town’s next planned review and update of its annual forecasted
financial results will commence at the end of August which should offer further clarity on
what the Town’s final yearend position will be.
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September 8, 2020 5 of 6 Report No. FIN20-022
Advisory Committee Review
Not applicable
Legal Considerations
The Municipal Act, subsection 11(2) (3) allows the municipality to pass bylaw s
respecting the financial management of the municipality and its local boards.
Financial Implications
This report outlines how the yearend surplus or deficit in the tax funded and rate funded
operations. The Municipal Act requires that any surplus or deficit be carried forward into
the following year’s budget, unless otherwise controlled through reserves as proposed
in this report. Using the controls, the surplus or deficit will become zero, avoiding the
need for any budget carry-forwards.
Communications Considerations
The Town of Aurora will use ‘Inform’ as the level of engagement for this project. There
are five different levels of community engagement to consider, with each level providing
the community more involvement in the decision making process. These levels are:
Inform, Consult, Involve, Collaborate and Empower. Examples of each can be found in
the Community Engagement Policy. These options are based on the International
Association of Public Participation (IAP2) Spectrum and assist in establishing guidelines
for clearly communicating with our public and managing community engagement. In
order to inform, this report with be posted to the Town’s website.
Link to Strategic Plan
Outlining a strategic approach to managing year end surpluses and/or deficits, and
thereby avoiding the need to complicate the following year’s budget with such matters,
contributes to achieving the Strategic Plan guiding principle of “Leadership in Corporate
Management” and improves transparency and accountability to the community.
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September 8, 2020 6 of 6 Report No. FIN20-022
Alternative(s) to the Recommendation
1. Council could choose not to approve the Surplus/Deficit Control bylaw and address
any year end results by way of budget amendment following early budget approval.
Conclusions
Staff are recommending that a bylaw be adopted which will authorize the Director of
Finance – Treasurer and the Chief Administrative Officer to control the 2020 tax levy
funded operating surplus/deficit and the surpluses or deficits arising from Water,
Wastewater, Stormwater operations by giving them authority to make adjustments and
allocate surplus funds or fund deficits strictly as itemized in this report. Not doing so will
cause all fund surpluses or deficits to be carried forward into the 2021 operating budget
which would result in required adjustments to this budget subsequent to is reaffirmation
by Council.
As part of the year end procedures, staff will report back to the General Committee as to
the actual yearend results and the final surplus allocations made for 2020.
Attachments
None
Previous Reports
None. A new bylaw is required each year. This equivalent report for 2019 was FS19-
038 which went to General Committee on November 19, 2019.
Pre-submission Review
Reviewed by the CAO on August 26, 2020
Approvals
Approved by Rachel Wainwright-van Kessel, Director, Finance/Treasurer
Approved by Doug Nadorozny, Chief Administrative Officer
Page 85 of 95
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
General Committee Report
No. FIN20-023
______________________________________________________________________
Subject: Safe Restart Funding
Prepared by: Laura Sheardown & Tracy Evans, Financial Management Advisor
Department: Finance
Date: September 8, 2020
______________________________________________________________________
Recommendation
1. That Report No. FIN20-023 be received.
Executive Summary
This report provides information regarding the Safe Restart Agreement and associated
funding from the Province, including guidelines for use of the funds and reporting
requirements.
Municipalities deliver critical services that require support during COVID-19
Municipal Operating Funding Provided as Part of Phase 1
A record of COVID-related spending and revenue losses must be maintained
Municipal Operating Funding Phase 2: Additional support if required
Background
On July 27, 2020, as part of the federal-provincial Safe Restart Funding, the Ontario
government announced that it had secured emergency assistance funding to provide
Ontario’s 444 municipalities with the support that they need to respond to COVID-19.
This funding will give municipalities the support and flexibility they need to protect the
health and well-being of their communities, while continuing to deliver critical public
services.
Page 86 of 95
September 8, 2020 2 of 4 Report No. FIN20-023
Analysis
Municipalities deliver critical services that require support during COVID-19
Municipalities play key roles in the delivery of critical services that are relied upon and
are also at the frontlines of a safe reopening of the economy. This funding will provide
much needed support to municipalities and transit operators to help them address
financial pressures related to COVID-19, maintain critical services and protect
vulnerable populations as the province gradually and safely reopens. It includes:
Up to $2 billion to support municipal operating pressures; and
Up to $2 billion to support municipal transit systems.
Municipal Operating Funding Provided as Part of Phase 1
In September, Ontario’s municipalities will receive Phase 1 funding for municipal
operating pressures. This funding will be allocated on a per household basis and will be
shared 50/50 between upper and lower tier municipalities. The Town of Aurora will
receive $1.298M to support its COVID-related operating costs and pressures, while The
Regional Municipality of York will receive funding for not only operating pressures but
also in support of the transit system.
A record of COVID-related spending and revenue losses must be maintained
The Town of Aurora is accountable for the use of this funding for the purposes of
addressing its priority COVID-19 operating costs and pressures. If the amount of
funding exceeds the Town’s expected COVID-related pressures for 2020, the additional
funds are to be placed in a reserve and used to cover any COVID-related expenses and
pressures that are experienced in 2021. There are several reporting deadlines that the
Town must meet in order to maintain this funding.
Municipal Operating Funding Phase 2: Additional support if required
Phase 2 of this funding will provide additional funding for the municipalities that require
more support for COVID-related financial impacts that exceed the initial per household
allocation provided under Phase 1.
Advisory Committee Review
Not applicable
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September 8, 2020 3 of 4 Report No. FIN20-023
Legal Considerations
In order to receive this funding, the Town will enter into an agreement with the Province.
The agreement will be reviewed by Legal Services. Council has delegated to staff the
authority to enter into and sign these types of agreements.
Financial Implications
The Safe Restart funding is expected to be received by the Town in September. This
funding will help the Town mitigate any cost pressures or lost revenue as a result of the
COVID-19 pandemic this year and next year. For this year, the last forecast reported to
Council showed that the Town is expected to essentially break even, however the
nature of this pandemic is unpredictable and should the Town have a COVID-related
deficit, this funding will be used to offset the impact.
Any of these funds that are not used in 2020 can be set aside and used to manage the
impact of COVID-related costs that the Town experiences in 2021. Staff are currently
working on the update of the multi-year budget approved last year. This funding will
provide an offset so that COVID-19 will not require staff to find alternative sources of
funding or reduce services.
The next in-year forecast, including actual results to the end of August will be brought
forward to a General Committee meeting in October.
Communications Considerations
The Town of Aurora will use ‘inform’ as the level of engagement for this project. There
are five different levels of community engagement to consider, with each level providing
the community more involvement in the decision making process. These levels are:
Inform, Consult, Involve, Collaborate, and Empower. Examples of each can be found in
the Community Engagement Policy. These options are based on the International
Association of Public Participation (IAP2) Spectrum and assist in establishing guidelines
for clearly communicating with our public and managing community engagement.
Page 88 of 95
September 8, 2020 4 of 4 Report No. FIN20-023
Link to Strategic Plan
Management of grant funds for specific purposes contributes to achieving the Strategic
Plan guiding Principle of “Leadership in Corporate Management” and improves
transparency and accountability to the community.
Alternative(s) to the Recommendation
Not applicable.
Conclusions
Staff continue to monitor and provincial orders and other guidelines and as they provide
more flexibility, we will adjust operations and process enabling us to collect more
revenues.
Attachments
None
Previous Reports
None
Pre-submission Review
Reviewed by CAO on August 26, 2020
Approvals
Approved by Rachel Wainwright-van Kessel, Director, Finance/Treasurer
Approved by Doug Nadorozny, Chief Administrative Officer
Page 89 of 95
100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca
Town of Aurora Notice of Motion
______________________________________________________________________
Re: Sidewalk Installation Policy
To: Mayor and Members of Council
From: Councillor Harold Kim
Date: September 8, 2020
______________________________________________________________________
Whereas in September 2009 Council has approved a “Sidewalk Installation Policy”
(#67), for the installation of sidewalks on Town’s roads that ensures connectivity, safety
and convenient pedestrian traffic in new development and existing areas, and the policy
was subsequently revised in April 2015; and
Whereas the Transportation Master Plan Update endorsed by Council in February
2020, identified the existing traffic operational concerns and recommended “TDM,
Transit, and Active Transportation Improvements” and “Operational Improvements” as
viable alternative solutions to accommodate future growth;” and
Whereas “The Active and Safe Routes to School Program” implemented in Aurora has
helped to encourage the physical activity of youth, enhance environmental sustainability
by reducing greenhouse gas emissions and help alleviate traffic concerns in school
areas; and
Whereas the Town based on the “Active and Safe Routes to School Program” has
implemented “The School Travel Planning Policy (#69)” in December 2013 and set out
a mechanism that would allow for student pedestrian priority; and
Whereas the Town has a duty to comply with the Accessibility for Ontarians with
Disabilities Act (AODA) that took effect January 1, 2016 that requires municipalities to
remove barriers to accessibility and to construct sidewalks and pathways where gaps
exist; and
Whereas while the Town’s population grows, we have to look at sustainable growth
measures by implementing active transportation principles and designing complete
streets that will further reduce greenhouse gas (GHG) emissions;”
1.Now therefore be it hereby resolved that staff be directed to review the “Sidewalk
Installation Policy” (#67), and report back to General Committee before the end
Page 90 of 95
Sidewalk Installation Policy
September 8, 2020 2 of 2
of October 2020 with proposed revisions for consideration including an approach
that provides staff the delegated authority to install sidewalks for existing areas
when the road is scheduled for reconstruction.
Page 91 of 95
100 John West Way Aurora, Ontario L4G 6J1 (905)727-3123aurora.ca
Town of Aurora Notice of Motion
______________________________________________________________________
Re: Property Acquisition – Library Square
To: Mayor and Members of Council
From: Councillor John Gallo
Date: September 8, 2020
______________________________________________________________________
Whereas on May 19, 2020 Aurora Council passed the following resolution “A proposed
or pending acquisition or disposition of land by the municipality or local board (Section
239(2)(c) of the Municipal Act, 2001); Re: Closed Session Report No. PDS20-046 –
Potential Property Acquisition – Library Square”; and
Whereas on July 30, 2020 the Town completed the purchase of 15157, 15165, 15171
Yonge Street for $7,500,000 plus $146,475.00 in land transfer fees; and
Whereas it is in the interest of all Taxpayers to understand the full details of the
purchase and all information that lead to the purchase, which council relied on;
1.Now Therefore Be It Hereby Resolved that the Town of Aurora post all closed
session reports pertaining to the purchase of 15157, 15165, 15171 Yonge Street
publicly the Library Square page on the Town’s website; and
2.Be It Further Resolved That those reports include the consultant prepared
attachments provided staff receive their consent to be posted publicly.
Page 92 of 95
100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca
Town of Aurora Notice of Motion
______________________________________________________________________
Re: Audio Recordings of Closed Session Meetings
To: Mayor and Members of Council
From: Councillor Michael Thompson
Date: September 8, 2020
______________________________________________________________________
Whereas the Town of Aurora acknowledges our responsibility to provide good
government in an accountable and transparent manner; and
Whereas the closed session meetings and attendant proceedings of Council are subject
to investigation at anytime should a member of the public feel it is warranted; and
Whereas the accuracy of the records and/or documentation kept in regards to the
closed session meetings and proceedings of Council is therefore vital; and
Whereas currently only minutes are taken and there is no verbatim – written or audio-
recorded record of the closed session proceedings of Council; and
Whereas the Ombudsman recommends that all municipalities make audio recordings or
video recordings of all meetings – both open and closed – to ensure a thorough record;
and
Whereas it provides a clear and accessible record for closed meeting investigators to
review, and assists in ensuring that officials do not stray from the legal requirements
during closed meetings; and
Whereas Council, in 2015, approved an Accountability and Transparency policy with the
purpose of ensuring openness, accountability and transparency while protecting the
best interests of the Town;
1. Now Therefore Be It Hereby Resolved That staff be directed to report back before
the end of the year on the recommendation to have all future closed session
meetings of Council audio-recorded; and
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Audio Recording of Closed Session Meetings
September 8, 2020 2 of 2
2. Be It Further Resolved That the report include recommended policies pertaining to
security, limited access for investigation purposes only and what protocols should
be put into place for the retention and destruction of these records.
Page 94 of 95
100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca
Town of Aurora Notice of Motion
______________________________________________________________________
Re: Construction of a Gymnasium at the SARC
To: Mayor and Members of Council
From: Councillor Michael Thompson
Date: September 8, 2020
______________________________________________________________________
Whereas in 2017 staff were directed to bring back a report on the feasibility of adding a
gymnasium onto the Stronach Aurora Recreation Complex (SARC); and
Whereas in the report to the Parks, Recreation and Cultural Services Advisory
Committee (PRCSAC) staff supported the concept of constructing a gym and noted it
‘’would be very well received and utilized by the community’; and
Whereas in 2018 the PRCSAC committee recommended the construction of a multi-
purpose space that maximizes the land available on the southeast corner of the SARC
be approved; and
Whereas capital project 72410 SARC - Gymnasium was considered in the 2019 budget
deliberations but postponed as a result of the overall expansion to the SARC discussion
and potential land acquisition at Bloomington;
1. Now Therefore Be It Hereby Resolved That the construction of a multi purpose
space/gymnasium be added to the 2021 Capital Budget discussions; and
2. Be It Further Resolved That an option for a single, 6,000 sq. ft. gym, as initially
discussed, and a second option for multiple gyms be presented at budget time.
Page 95 of 95