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I The Corporation of the Town of South Bruce Peninsula
By-Law Number 87-2019
Being a By-Law to Authorize the Mayor and Clerk to Sign an Agreement with the Township of Georgian Bluffs for the Provision of Water and Sewer Services
Whereas Section 20 of the Municipal Act, 2001, Chapter 25 as amended, provides that a municipality may enter into an agreement with one or more municipalities or local bodies to jointly provide for their joint benefit any matter which all of them have the power to provide within their own boundaries;
And whereas the Council for the Town of South Bruce Peninsula has deemed it necessary, desirable, expedient and in the public interest to enter into an agreement with the Township of Georgian Bluffs for the provision of water and in some instances sewer services to the owners or occupants of land beyond the limits of the Town of South Bruce Peninsula.
Now therefore the Council of the Corporation of the Town of South Bruce Peninsula enacts as follows:
1) That the Mayor and Clerk are hereby authorized to sign an agreement with the Township of Georgian Bluffs for the provision of water and sewer services to owners and occupants of land within the Township of Georgian Bluffs.
2) That the agreement referred to herein shall be attached to and form part of this by-law.
3) That the provisions of the agreement referred to herein shall be deemed to have taken full force and effect retroactively to the expiration of the previous service agreement for the Oxenden system, namely April 18, 2017 and shall repeal and replace any previous agreement for the Gateway System or the Elm Street Area.
4) That any by-law inconsistent with the provisions of this by-law are hereby rescinded and repealed.
5) That this by-law shall come into full force and effect upon the final passing thereof.
Read a first and second time this 17th day of Septem "•
Read a third time and finally passed this 17th day This Water Supply Agreement made effective this 15th day of April, 2017 ("1Etmecft011® Dat®");
Between:
Tile Ccwporntion of the Town cil' Soutll 18rnce PeD'iill'lsUilll, Hereinafter referred lo as "South Bruce Peninsula";
And
The Corporation of the Township of Georgian !Bluffs, Hereinafter referred lo as "Georgian Bluffs"
Whereas Section 20 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may enter into an agreement with one or more municipalities or local bodies to jointly provide for their joint benefit any matter which all of them have the power to provide within their own boundaries;
And Whereas South Bruce Peninsula is the successor of the former Corporation of the Town of Wiarton ("Wiarton") and Georgian Bluffs is the successor of the fornier Corporation of the Township of Keppel ("Keppel");
And Whereas South Bruce Peninsula currently provides water to properties located in Georgian Bluffs pursuant to an agreement dated April 14, 1997 (the "Originai Agreement") that was originally entered into by Wiarton and Keppel;
And Whereas the protection, sourcing, treatment, supply, transportation, delivery of water for the purpose of drinking is a public utility and regulated through several statutes, regulations and guidelines;
And Whereas the Parties hereto wish to set out their respective rights and obligations regarding the provision of municipal services to properties;
Now Therefore This Agreement Witnesses that in consideration of the sum of $10.00 now paid by each Party to each other Party hereto and in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all Parties hereto, the Parties agree as follows:
Definitions
1. In this Agreement, the following capitalized terms shall have the meaning provided herein:
(a) "Agreement" means this Water Supply Agreement and all Schedules and Exhibits attached to this Agreement and the expressions "hereof', "herein", "hereto", "hereunder", "hereby" and similar expressions refer to this Page 1 of 25 Agreement and unless otherwise indicated, references to sections, Articles or Exhibits are sections, articles or exhibits, as applicable, in this Agreement;
(b) "Au:i~nicaibll@ l8Jw" means any applicable statute, ordinance, olecree, regulation, or by-law or any rule, circular, directive or any licenses, consent, permit, authorization, concession or other approval issued by any Government Authority which has appropriate jurisdiction and includes any certificate of approval, environmental compliance approval or permit lo take water;
(c) "Coim1cW' means either the Council of South Bruce Peninsula or of Georgian Bluffs, or both of them, as the context requires;
(d) "Daily Marn:imum" means 375m3/day of treated water as described in the justification report prepared by J.L. Richards & Associates dated July 31, 2018 included in Schedule F;
(e) "Emergency" means a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise (as defined in the Emergency Management and Civil Protection Act, RSO 1990, c E 9);
(f) "Government Authority" means any government, regulatory authority, ministry, board, department, municipality, court or other law, regulation or rule-making entity, having jurisdiction or authority over the matter in issue;
3 3 (g) "m " means cubic meter and "/m " means per cubic meter;
(h) "Oxenden Area" means certain lands within a certain parcel and tract of land known as part of Lots 1 to 11, Jones Range, Township of Georgian Bluffs, County of Grey, Province of Ontario as shown in Schedule "A" to this Agreement;
(i) "Oxenden Distribution System" means the water distribution system, as may be amended, as shown in Schedule "C" to this Agreement;
U) "Party" means either South Bruce Peninsula or Georgian Bluffs and "Parties" means both of them;
(k) "Water" means water suitable for human consumption that meets or exceeds all applicable requirements for drinking water including but not limited to the prescribed drinking water standards set out in 0. Reg.169/03 (Ontario Drinking Water Quality Standards), made pursuant to the Safe Drinking Water Act, 2002, SO 2002, c 32;
Page 2 of 25 (I) "Water !Rate By-law" means a by-law enacted by the Town of South Bruce Peninsula to establish and impose prices and time of payment for the use of municipal water, as may be amended, updated or replaced from time to time and/or any successor by-law established for the same purpose, ais the case may be;
(m) "WiaiitO>R'i Gateway and Elm Street Area" means certain lands within a certain parcel and tract of land known as Lot 1, Concession 21, Township of Keppel, in the Township of Georgian Bluffs, County of Grey, Province of Ontario, as shown in Schedule "B" to this Agreement;
(n) "Wiarton Gateway and Elm Street Area lnfrastmcture" means the system for the supply of water located in the Wiarton Gateway Area which extends from the West side of Highway 6 to the East side of Highway 6 to the individual property lines of homes accessing onto Highway 6;
Page 3 of 25 2. Unless terminated in accordance with the provisions of this Agreement, !he term of this Agreement shall commence on the Effective Date and terminate on at noon local time on April 15, 2027.
3. The Parties shall review this Agreement every five (5) years, by convening a meeting(s) of representatives chosen from the staff of each of the Parties hereto. The intent of the review is to discuss instances in which this Agreement has worked well and items that may need addressing given the future needs of the Parties at such time.
4. Neither party shall issue a notice to terminate prior to April 15, 2022.
5. The parties agree that Notice of Intent to either negotiate a new agreement or end the agreement upon expiry shall be provided on or before April 15, 2023. Failure by either party to issue a Notice of Intent will default to the intention to negotiate a new agreement on or before April 15, 2027.
6. In the event South Bruce Peninsula agrees to negotiate a new agreement on or before April 15, 2023 but subsequently decides not to negotiate a new agreement they will be required to provide 4 years notice of such change
7. In the event Georgian Bluffs agrees to negotiate a new agreement on or before April 15, 2023 but subsequently decides not to negotiate a new agreement they will be required to provide a minimum of 2 years notice of such change.
Change of laws
8. If, following the commencement of this Agreement, there is a change in the Applicable Law that has a material impact on the ability of either Party to fulfill its obligations herein, such Party shall forthwith notify the other Party of such change in Applicable Law and the Parties shall negotiate in good faith amendments to this Agreement to preserve as much as possible the current intent of the Parties in entering this Agreement.
Service & Delivery
9. South Bruce Peninsula agrees to continue the supply of water to Georgian Bluffs for residents located within the Oxenden Area and the Wiarton Gateway and Elm Street Area. Provision of water to any area in Georgian Bluffs shall include, but not be limited to, water required for use by residents in the Oxenden Area and the Wiarton Gateway and Elm Street Area, for firefighting purposes, for hydrant flushing and during emergency situations.
10. South Bruce Peninsula will ensure that all water delivered to the point of ownership change for the Oxenden Distribution System will meet all of the requirements of the Drinking Water Objectives established by the Province of Ontario.
Page4 of 25 11. A schematic map of the waler syslem is provided in Schedule "C" lo this Agreement showing the general location of the system and idenlifying the point of ownership change in the system.
12. In accordance with a Waler Capacity Need Study prepared by J.L. Richards & Associates Limited, dated July 31, 2018, attached at Schedule F, Georgian Bluffs has the right to receive a maximum of 375 m3 of water per day ("Daily Maxum11m") for the Oxenden Area and South Bruce Peninsula is obligated to supply the amount of water required by Georgian Bluffs up to the Daily Maximum at the rates set out in this Agreement and South Bruce Peninsula agrees to continually supply such water barring unforeseen circumstances to the system. Any reduction or stoppage of flow due to unforeseen circumstances or by action of South Bruce Peninsula will require South. Bruce Peninsula to communicate the reason for the reduction or stoppage to Georgian Bluffs as soon as possible.
13. In event South Bruce Peninsula is unable to provide the supply of water defined in Article 12 due to malfunction or equipment failure, Georgian Bluffs would be required to temporarily supply water to the Oxen den Distribution System until such time that the malfunction can be addressed, or equipment repaired.
14. The properties to be provided water in the Oxenden Area are those properties identified on the mapping in Schedule "A" to this Agreement and the use of the properties must be in accordance the uses identified in the County of Grey Official Plan and the Georgian Bluffs Zoning By-law, each as in force and effect on the date of this Agreement and any additional property and/or change in use of existing properties will only be allowed by written permission obtained from South Bruce Peninsula following written request made by Georgian Bluffs.
15. Where Georgian Bluffs uses a volume of water in excess of the Daily Maximum, it shall pay an additional surcharge in accordance with the provisions of this Agreement.
16. Georgian Bluffs acknowledges the provision of water to the Oxenden Area and the Wiarton Gateway and Elm Street Area pursuant to this Agreement shall not be construed to mean that South Bruce Peninsula has any other obligation to provide similar or other municipal services to any other lands that are not subject to a municipal servicing agreement approved by South Bruce Peninsula, now or in the future.
17. Should South Bruce Peninsula not be able to provide water or water services which meet any specified standard for any reason whatsoever, written notice shall be provided to Georgian Bluffs at the earliest convenient possible time, along with an explanation of the reason for the disruption and explanation of when the water or sewer services will be restored. South Bruce Peninsula and Georgian Bluffs shall take whatever action is required by Applicable Law or by a prudent operator of the water system given the nature and risk to human health of the issue.
Ownership, Operation & Maintenance
Page 5 of 25 18. Georgian Bluffs shall retain ownership and responsibility for the maintenance, operation, upkeep and repair of the water distribution system in the Oxenden Area downstream of the inlet to the metering station in Georgian Bluffs except for the meter. Georgian Bluffs shall maintain its water distribution system in the Oxenden Area in a state of good repair and in accordance with all Applicable Law and prudent utility practice.
19. Upon execution of this Agreement, Georgian Bluffs transfers ownership of and all future responsibility for the Wiarton Gateway and Elm Street Infrastructure comprised of service lines and Township owned water metres to South Bruce Peninsula at no cost to either Party.
20. Georgian Bluffs and South Bruce Peninsula agree to split cost equally for design, reconstruction and service upgrades along Elm Street between Berford Street and the Georgian Bluffs and South Bruce Peninsula boundary including road, sidewalks, water, sanitary and storm sewer. Georgian Bluffs and South Bruce Peninsula agree to fund these projects in accordance with the following schedule unless mutually agreed upon otherwise:
(a) Design - to be complete in 2020;
(b) Construction - to be started in 2021 and completed no later than 2022.
Upon completion of reconstruction and servicing upgrades South Bruce Peninsula will assume full ownership and all operating rights to all water and sanitary services. Road, sidewalk and storm sewers will remain the joint and equal responsibility of Georgian Bluffs and South Bruce Peninsula.
21. Until reconstruction and service upgrades are completed, South Bruce Peninsula shall retain ownership and responsibility for the maintenance, operation, upkeep and repair of the water distribution system in the Wiarton Gateway and Elm Street Area. South Bruce Peninsula shall maintain its water distribution system in the Wiarton Gateway and Elm Street Area in a state of good repair and in accordance with all Applicable Law and prudent utility practice.
22. Upon Reconstruction South Bruce Peninsula will allow those property owners in Georgian Bluffs fronting on Elm Street between Berford Street and the Georgian Bluffs and South Bruce Peninsula boundary to connect to the water and sewer systems, for the fee charged by South Bruce Peninsula to its own residents, as established by by-law.
23. South Bruce Peninsula shall retain ownership and responsibility for the maintenance, operation, upkeep and repair of the water treatment system and shall maintain its water treatment system in a state of good repair in accordance with all Applicable Law and prudent utility practice.
Page 6 of 25 24. South Bruce Peninsula shall retain ownership and responsibility for the maiintenance, operation, upkeep and repair of the water distribution system upstream of the metering station at the boundary to the Oxenden Area within the limits of South Bruce Peninsula and the meter at the boundary to the Oxenden Area. South Bruce Peninsula shall maintain its water distribution system in a state of good repair and in accordance with all Applicable Law and prudent utility practice.
25. Each Party shall provide reasonable cooperation to the other Party to assist in the maintenance and operation of the water distribution system of the other Party.
26. Each Party shall use only properly qualified and licensed employees or services providers, as applicable, to perform any tasks or services required to be provided herein. Such employees shall remain the employees of each respective Party and no employment obligation will accrue to the other Party by operation of this Agreement or the provision of any services set out herein.
27. South Bruce Peninsula shall supply, own, operate and maintain the water meter in the metering station/chamber at the boundary to the Oxenden Area in accordance with Applicable Law. South Bruce Peninsula, at its sole expense, shall calibrate the meter on an annual basis· br such more frequent basis as required by Applicable Law or the requirements of the meter manufacturer and shall provide documentation as to the calibrations to Georgian Bluffs. Any repairs or replacement of the water meter shall be at the sole expense of South Bruce Peninsula.
28. The metering station, other than the water meter, will remain in the ownership of Georgian Bluffs. Any repairs or replacement to anything other than the meter at the metering station/chamber and any hydro or data transmission line(s) required to operate the metering station shall be at the sole expense of Georgian Bluffs and to the satisfaction of South Bruce Peninsula.
29. South Bruce Peninsula will have the authority under this agreement to lock out the bypass located in the metering station. Georgian Bluffs will not operate the by-pass without the express authority of South Bruce Peninsula.
30. The parties acknowledge the capital contribution to support the initial construction of the water distribution system has been fully funded. The parties acknowledge that prudent asset management practices will require capital upgrades to the water system at certain times in the future and that such requirements will be incorporated into the fee structure pursuant to industry standards. Any additional or unforeseen requirements will be discussed between the parties, if such need arises that is not provided for through the water rates established and imposed from time to time.
31. South Bruce Peninsula will provide Georgian Bluffs with the meter information on a monthly basis. Despite the notice provisions set out in this Agreement, the meter information shall be supplied to the Township of Georgian Bluffs, by electronic mail
Page 7 of 25 address as may be provided by Georgian Bluffs, and may be changed or updated by Georgian Bluffs from time to time.
32. As the metering station for the Oxenden Area is located at the boundary of the limits of South Bruce Peninsula and Georgian Bluffs, each municipality hereby grants to the other any such access over rights-of-way proximate to the metering station to access the metering station for the purposes of this Agreement and each municipality shall hold the other harmless for any damage arising out of such access, unless such damage is caused by negligence or deliberate action of the accessing Party, in which case the accessing Party shall remain solely responsible for the costs of restoration, repair and other damages as may be applicable in the circumstances.
Charge for Water Service !Prnvisuon
33. Upon execution of this Agreement, Georgian Bluffs shall pay South Bruce Peninsula a total of one hundred and seventy-nine thousand, three hundred and seventy-five dollars ($179,375.00) representing water connection charges for thirty-five (35) properties in the Oxenden Area that are currently not connected to the South Bruce Peninsula water distribution system. A list of the legal descriptions and roll numbers of the aforementioned thirty-five (35) residential properties is shown in Schedule "D" and "E" of this Agreement.
34. In addition to the payment described in Section 33, within 30 days of execution of this Agreement, Georgian Bluffs shall pay South Bruce Peninsula:
(a) $70,000 to address any prior obligations of Georgian Bluffs not properly compensated; and
(b) A payment to reconcile the amount owed by Georgian Bluffs in respect of invoices issued for the period after April 15, 2017 to the date where South Bruce Peninsula commences invoicing under !his Agreement.
35. Interest on the payments identified in sections 33 and 34 shall only be due if Georgian Bluffs fails to make payment within 30 days of the execution of this Agreement and shall be calculated from the 30 day following execution until the date payment is made.
36. Georgian Bluffs shall provide to South Bruce Peninsula a monthly report of all building permits issued for properties in the Oxenden Area and the Wiarton Gateway and Elm Street Area for the term of this Agreement. Any property which is not included in Schedule "E" of this Agreement and which receives issuance of a building permit or building permits from Georgian Bluffs during the term of this Agreement shall be subject to the same development charges as "Outside of South Wiarton Service Area" for water as defined in the South Bruce Peninsula's Development Charges By-law as amended from time to time, subject to the following:
Page 8 of 25 (a) the use of the properties must be in accordance the uses identified in the County of Grey Official Plan and the Georgian Bluffs Zoning By-law, each as in force and effect on the date of this Agreement; or
(b) any additional property and/or change in use of e)(isting properties will only be allowed by written authorization obtained from South Bruce Peninsula following written request made by Georgian Bluffs.
37. Georgian Bluffs shall be charged the same fixed charged to each user on the system in· accordance with the South Bruce Peninsula Water Rate By-law for Wiarton users plus a non-resident surcharge of 75%.
38. Georgian Bluffs shall be charged the same metered water rates charged in accordance with the South Bruce Peninsula Waler Rate By-law for Wiarton residents, for the volume of water used up to the Daily Maximum, plus a non resident surcharge of 75%.
39. Georgian Bluffs shall be charged the same metered waler rate charged to, in accordance with the South Bruce Peninsula Waler Rate By-law for Wiarton residents, for the volume of water used in e)(cess of the Daily Maximum, plus a non-resident surcharge of 100%.
40. South Bruce Peninsula has the authority to amend, rescind or enact its Waler Rate By-law at any time and, in such case, the new rate shall apply lo this Agreement forthwith. Notice of any change(s) to the Water Rate By-law, together with a copy of any such by-law or by-laws, shall be provided to Georgian Bluffs forthwith and by no later than ten (10) days of the date of enactment of such change(s).
41. Upon execution of the Agreement, Georgian Bluffs shall provide to South Bruce Peninsula a list showing the existing meter sizes of all properties located in the Oxenden Area and the Wiarton Gateway and Elm Street Area that are connected lo the South Bruce Peninsula water distribution system. Thereafter, Georgian Bluffs shall report to South Bruce Peninsula, on a bi-monthly basis, of any changes to existing meter size(s) or of any new meter(s) connected to the South Bruce Peninsula water distribution system.
42. Georgian Bluffs shall charge and be responsible for the collection of all fees and user charges associated with the consumption of water within the Oxenden Area as if it was supplying the said water to the individual property owners. The method of collection shall be at the absolute discretion of Georgian Bluffs. Georgian Bluffs shall be solely responsible for the collection of arrears in any water account from property owners in the Oxenden Area.
43. South Bruce Peninsula will charge and be responsible for the collection of all fees and user charges associated with the consumption of water within the Wiarton Gateway and Elm Street Area at the same base water rate charged to South Bruce Peninsula residents, in accordance with the Water Rate By-law, plus a non resident surcharge of 75%. The method of collection shall be at the absolute
Page 9 of 25 discretion of South Bruce Peninsula. Non-payment by any resident of the Elm Street Area and Gateway Area of any invoice by the due date established by South Bruce Peninsula shall be subject to penalty and/or interest charges as established by South Bruce Peninsula. Non-payment by any resident of the Elm Street Area and Gateway Area of any invoiced amount including penalty and/or interest charges which remain outstanding for a period of more than three months shall be communicated to Georgian Bluffs and said outstanding amouni shall be immediately paid in full by Georgian Bluffs to South Bruce Peninsula.
44. If for any reason whatsoever the meter at the metering station does not record the daily flows or malfunctions for any reason, Georgian Bluffs will be charged for water usage for the period of time when no meter recordings were available based upon the historical data available, including the daily flows for the past twelve (12) months, with particular weight given to the same month/day in that twelve (12) month period as matches the dates for which the metering station does not record the daily flow or has malfunctioned.
45. South Bruce Peninsula will invoice Georgian Bluffs each month for the water supplied during the previous month. The invoice shall provide daily volumes and the monthly volume.
46. Georgian Bluffs shall pay the full amount of each invoice received from South Bruce Peninsula within 30 days of receipt of such invoice. South Bruce Peninsula shall be entitled to charge interest on overdue amounts at a rate of 1.25% per month for payments past due for greater than billing periods. Georgian Bluffs shall be entitled to charge interest to South Bruce Peninsula on overdue amounts at a rate of 1.25% per month from the date of payment for any amounts overcharged by South Bruce Peninsula.
47. Where Georgian Bluffs disputes a portion of the invoice it shall forthwith provide written notice to South Bruce Peninsula stating the nature of the dispute. The Parties shall attempt to resolve the dispute but if they are unable to resolve it, the resolution of the dispute will be subject to the dispute resolution process provided in this Agreement.
Insurance
48. Throughout the Term of this Agreement the Parties shall each take out the following insurance with insurance companies licensed to transact business in the Province of Ontario:
(a) Commercial General Liability ("CGL") insurance with limits of not less than ten Million Dollars ($10,000,000.00) inclusive per occurrence for bodily and personal injury, death, and damage to property including loss of use. The Commercial General Liability insurance must include Cross Liability & Severability of Interest clauses, Owner's & Contractor's Protective, Products & Completed Operations coverage (Broad Form) with an aggregate limit of not less than ten Million Dollars ($10,000,000.00). Either Party, at its sole Page 10 of 25 discretion, may accept in place of the above-mentioned insurance coverage, a combination of primary liability limits or umbrella insurance or excess liability limits which meet the CGL coverage and general aggregate limits noted above.
49. Each Party shall ensure that the other is named as an additional insured on its Insurance policy.
50. Each Party shall provide evidence of its Insurance in a form that is in all respects satisfactory to the other Party and each Party shall maintain the Insurance required pursuant to this Agreement continuously throughout the term of this Agreement. Each Party shall ensure that its Insurance policies are endorsed to provide the other Party with not less than thirty (30) days' written notice in advance of cancellation, change or amendment restricting coverage.
51. Each Party shall provide to the other a certificate of insurance on its standard "Certificate of Insurance" form annually evidencing its Insurance as required by this Agreement.
52. Each Party shall be in good standing with the Workplace Safety and Insurance Board. Each Party shall ensure that any Party performing its obligations under this Agreement is in good standing with the Workplace Safety and Insurance Board and carries appropriate Worker's Safety Insurance Board insurance and each Party shall provide the other with proof of same upon the Party's written request. liability & indemnity
53. Georgian Bluffs will indemnify and save harmless South Bruce Peninsula at all times from any claim of any nature or kind whatsoever whether in law, equity or otherwise arising directly or indirectly resulting from the construction, operation and maintenance of the water system(s) in Georgian Bluffs which are under the care and control of Georgian Bluffs and in accordance with the provisions contained herein. Claims may include but not be limited to damages suffered directly or indirectly by any lot owner as a result of the failure or breakdown of such system(s) within Georgian Bluffs which are under the care and control of Georgian Bluffs and in accordance with the provisions contained herein.
54. Willful neglect, failure or refusal by either Party to carry out any substantial provisions of this agreement shall give the other Party the benefits of any proceedings provided by law.
55. Where a disagreement or dispute arises between the Parties to this Agreement with respect to the interpretation, construction, meaning or effect of this Agreement which the Parties are unable to resolve, a meeting of the Parties may be called by the head of council or the Chief Administrative Officer of either Georgian Bluffs or South Bruce Peninsula, and such meeting shall be held in accordance with the details in the calling of such meeting and shall be attended by each head of council, each Chief Administrative Officer and other persons deemed necessary by either
Page 11 of 25 Georgian Bluffs or South Bruce Peninsula but shall not include enough members of council of each of them so as to constitute quorum and thereby a meeting of either council.
56. If the disagreement or dispute is not resolved at the meeting required in section 52 of this Agreement, the Parties shall agree on a private mediator, cost of which is to be shared equally to mediate the dispute. If the Parties cannot agree on a private mediator, they shall together ask their respective legal counsel to recommend a single private mediator and the Parties shall agree to engage such mediator.
Notice
57. Any notice or communication required or permitted to be given hereunder shall be in writing and shall be deemed to have been properly given when delivered personally or when by facsimile transmission addressed to the Parties hereto respectively, with the sender's name, address and telephone number and provided confirmation of receipt is provided (which confirmation shall not be unreasonably withheld by any Party) as follows:
(a) The Corporation of the Township of Georgian Bluffs 177964 Grey Rd 18, RR3 Owen Sound ON N4K 5N5 Attention: Clerk Fax: (519) 372-1620
(b) The Corporation of the Town of South Bruce Peninsula PO Box 310, 315 George Street Wiarton ON NOH 2TO Attention: Clerk Fax: (519) 534-4862
58. Any notice or communication delivered personally shall be deemed to have been received by the addressee on the day upon which it is delivered. Any notice delivered or sent by facsimile transmission shall be deemed to have been received by the addressee on the next business day after the notice is sent by facsimile transmission. Any of the Parties hereto may change its address for the purpose hereof by directing a notice in writing of such change to the other Parties at the above addresses and thereafter such changed address shall be effective for the purposes hereunder.
Force Majeure
59. Whenever and to the extent that any Party is unable to fulfil, or is delayed or restricted in the fulfilment of, any obligation hereunder in respect of the supply or provision of any service or utility or the doing of any work or the making of any repairs, by reason of being unable to obtain the material, goods, equipment, service, utility or labour required to enable it to fulfil such obligation, or by reason Page 12 of 25 of any statute, law, by-law or order-in-council or any regulation or order passed or made pursuant thereto, or by reason of the order or direction of any legislative, administrative or judicial body, controller or board, or any governmental department or any governmental officer or other authority having jurisdiction, or by reason of its inability to procure any licence or permit required therefor, or by reason of not being able to obtain any permission or authority required therefor, or by reason of any strikes, lockouts, slow-downs or other combined action of workmen, or shortages of material, or act of war, act of God, adverse weather conditions, unexpected soil, groundwater or other subsurface or other conditions or any other cause beyond its reasonable control, such Party shall be relieved from the fulfilment of such obligation so long as such cause continues.
60. Any section, clause or provision in this Agreement shall be deemed to be severable should it be declared invalid by a court of competent jurisdiction and said severed section, clause or provision shall not be taken lo invalidate the remaining provisions of this Agreement.
61. The headings inserted in !his Agreement are inserted for convenience only and shall not be used as a means of interpreting this Agreement.
62. The Parties acknowledge and agree that nothing in this Agreement shall in any way be construed to constitute a partnership or joint venture between the Parties.
63. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favouring or disfavouring any Party by virtue of the authorship of any of the provisions of this Agreement.
64. This Agreement shall constitute the entire agreement between the Parties concerning the services contemplated hereby and all prior negotiations, proposals and writings pertaining to this Agreement or the subject matter hereof are superseded hereby.
65. This Agreement shall not be modified or amended except with the written consent of all Parties and no modification or amendment to this Agreement binds any Party unless in writing and executed by the Party intended to be bound.
66. Neither Party shall assign or transfer any of the rights, benefits and obligations in or under this Agreement without the prior written consent of the other Party such consent not to be unreasonably withheld. Any such assignment shall not relieve the Party of their obligations herein. This agreement shall be binding upon and endure to the benefit of the Parties and their successors and permitted assigns and heirs.
Page 13 of 25 67. The Parties hereto covenant and agree to execute such further assurances as may be required to effect the covenants and agreements contained herein.
68. References in this Agreement to any legislation (including but not limited to regulations and by-laws) or any provision thereof include such legislation or provision thereof as amended, revised, re-enacted and/or consolidated from lime to lime and any successor legislation thereto. ·
69. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario.
!lfll woftC1J@ss whereof the Parties hereto have set their hands and seals.
The Coq::icm,itu«:m of the Towlfll of The Corporation of the Township of South !Bruce F'elflliU'isuia Georgian Bluffs
n : Mayor Mayor /'"
. ·-···-··-·-··-···~~- Clerk
Page 14 of 25 Sc~eiciaiie /A Milli) @ff Oll®lii©l®!ii Alf t"WOIJ®Vilf Sl:olll:i.1$ ill$ @ff MollWcli ~. 2«li11!ll Connected Properties Unconnected Properties Page 15 of 25 ~cll@ol!li® A O IC@lll\tilll!l®ID1 Mill!PJ @f (JJ(®l/llD1@1/l Aw@ill l'b CJJ(@l/lol@l/l Di$iwibl!.!fco@l/l ~J!$fcem fioO I m,%1'11:>er I Me,er l<>c.i~i"" ~ell numlber I Me~er Locaii,m I 5/!l" Water Service Page 16 of 25 SclM;dl!.Il!® A • Conm111!A@dl i\Jila[Pl @I' O:i:@ndl®n Area ~ Oxem:ler. Dnsbolll1.Dtom1 Slfslem RoUnumber Meter Locatio:m RoH .-.umber Meter Locati<:m 5/8" Water Service Connection (Continued) 5/8" Water Service Connection /Contilme!l) 4203620006305000000 168 OLD MILL ROAD 4203620006236810000 103 GRANDORE ST 4203620006304000000 166 OLD MILL ROAD 4203620006236820000 501433 GREY ROAD 1 4203620006303000000 162 OLD MILL ROAD 4203620006236780000 115 GRANDORE ST 4203620006302000000 160 OLD MILL ROAD 4203620006236760000 121 GRANDORE ST 4203620006301010000 158 OLD MILL ROAD 4203620006236470000 162 LAKESHORE RD 4203620006301000000 156 OLD MILL ROAD 4203620006236460000 164 LAKESHORE RD 4203620006300020000 152 OLD MILL ROAD 4203620006236550000 177 GRANDORE STE 4203620006300000000 150 OLD MILL ROAD 4203620006236420000 174 LAKESHORE RD 4203620006299010000 148 OLD MILL ROAD 4203620006236380000 183 LAKESHORE RD 4203620006299000000 146 OLD MILL ROAD 4203620006236370000 181 LAKESHORE RD 4203620006298000000 144 OLD MILL ROAD 4203620006236360000 179 LAKESHORE RD 4203620006296010000 136 OLD MILL RD 4203620006236350000 177 LAKESHORE RD 4203620006295000000 120 OLD MILL RD 4203620006236340000 175 LAKESHORE RD 4203620006293100000 116 OLD MILL RD 4203620006236330000 171 LAKESHORE RD 4203620006294000000 107 OLD MILL RD 4203620006236300000 167 LAKESHORE RD 4203620006287000000 146 HAVELOCK ST 4203620006236290000 165 LAKESHORE RD 4203620006286000000 142 HAVELOCK ST 4203620006236280000 163 LAKESHORE RD 4203620006285000000 138 HAVELOCK ST 4203620006236270000 161 LAKESHORE RD 4203620006284000000 132 HAVELOCK ST 4203620006236240000 153 SUNSET BLVD 4203620006281000000 120 HAVELOCK ST 4203620006236250000 155 SUNSET BLVD 4203620006278000000 110 HAVELOCK ST 4203620006236230000 151 SUNSET BLVD 4203620006256000000 105 HAVELOCK ST 4203620006236220000 147 SUNSET BLVD 4203620006288040000 111 HAVELOCK ST 4203620006236200000 145 SUNSET BLVD 4203620006290000000 123 HAVELOCK ST 4203620006233000000 141 SUNSET BLVD 4203620006290020000 125 HAVELOCK ST 4203620006232000000 139 SUNSET BLVD 4203620006292000000 133 HAVELOCK ST 4203620006231000000 137 SUNSET BLVD 4203620006291000000 129 HAVELOCK ST 4203620006230000000 135 SUNSET BLVD 4203620006283000000 lOSJOHN ST 4203620006228100000 131 SUNSET BLVD 4203620006273000000 145 SCOTT ST 4203620006228090000 127 SUNSET BLVD 4203620006274000000 149 SCOTT ST 4203620006228080000 125 SUNSET BLVD 4203620006258000000 148 SCOTT ST 4203620006228060000 121 SUNSET BLVD 4203620006271000000 131SCOTTST 4203620006228050000 117 SUNSET BLVD 4203620006270020000 125 SCOTT ST 4203620006228040000 113 SUNSET BLVD 4203620006270000000 103 WALPOLE LANE 4203620006228030000 111 SUNSET BLVD 4203620006269000000 109 SCOTT ST 4203620006228020000 109 SUNSET BLVD 4203620006268000000 105 SCOTT ST 4203620006228010000 105 SUNSET BLVD 4203620006236440000 170 LAKESHORE RD 4203620006228220000 106 SUNSET BLVD 42036200062360000bO 501415 GREY ROAO 1 4203620006228150000 126 SUNSET BLVD Page 17 of 25 S«:!1@0111!® A O iC©ll'OiaU'ill®col ~ Roil numl!e, Meter LoeaHo" Roll "umber Meter Loeatoon 5/lr' Water §er'Vke Page 18 of 25 $cllce«:!n.nie A • «'.:IJllfliio-rnce«:! Moll[lll IJlff On1m«:!ero Arna ~ On@ml1®lfl [llo§tlfibn.nticm ~ystcem Roll riumber Meter Loeaticm Unco,mrectedl ll'mlllerties 4203620006282000000 108JOHN ST 4203620006288010000 107 HAVELOCK ST 4203620006293000000 4203620006295200000 4203620006280000000 116 HAVELOCK ST Total Ul!lconnected Properties~ 31 'fofal lPiroroell'ties = 225 Page 19 of 25 Scll'irei:lu!re ret li\iisi!(ll of Waaui@fl GiJJlt@willlf afli:I Elm Sltlf@@lt Aweai i.·•·l _,,. Property Status as of March 5, 20'i 9 Connected Properties Unconnected Properties Page 20 of 25 l.»e::h@olMI@ !El O iCO>n'!ltOU"JM®ol ~lil[P ©¥ Wiart@U"J Galtewailf aiU"Jol !Elm :"»ltrn@lt Arn.i Roiim,mber Mete, Locatioi'I 2" Water Service 3/4" Water Service 5/8" Water Service Connection 4203620006004010000 10175 HIGHWAY 6 4203620006005000000 10177 HIGHWAY 6 4203620006006000000 10179 HIGHWAY 6 4203620006012000000 10195 HIGHWAY 6 4203620006014000000 10199 HIGHWAY 6 4203620006015000000 10205 HIGHWAY 6 Total 5/8" Water Service Connections= 6 Unconnected Properties 4203620006002000000 10133 HIGHWAY 6 4203620006007000000 10181 HIGHWAY 6 4203620006008000000 10183 HIGHWAY 6 4203620006013000000 10197 HIGHWAY 6 Total Unconnected Properties = 4 Total Pro1Derties = 12 Page 21 of 25 S>c~®dl!.!I® C: S>c~®m.llftic Map @i IE;ii$lo11g 'Waft@r DO$trifoi1Jii©11 5ly$t@m u t; I l HI! , Ii i '! 11 Ill!! I !1 I 1! ~ l11 ' Z 1!1 , I I :ii II' r..i ,d ii - '11 C, 111 111 ,! "'• t~ i! 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J l., I' G' f25 ~cfhe«:l1JJ!e IDl IDl@!l«::WDIIJltO o Sunset Boulevard - 5 lots which are currently not connected as per by-law 455- 1997 o Sunset Boulevard - 42-03-620-006-23400-0000, cottage currently not on property but shore road allowance o Grandore Street E. - 3 Township owned properties o To Be Determined - 4 Lots remaining for infilling, should properties apply for zoning amendments or severances Page 23 of 25 ::»ch®illll\.Ill® IE l®!!l]:aii ICl®:s;crn!lllikw1s :ai!l'ld IF/.ro,11 NI\.Ilmlbi®rn off lfroMl,l'-Fnv® ~rnip,®rtn®:s; JLeeal Descwin:,tio,11 R.o,11 Nuimbew §tnei N,nmme Range Jones PT Lot 5 RP I 6RI 0308 Parts I to 3 42-03-620-006-225] 0-0000 Sunset Boulevard Range Jones PT Lot 5 RP 16RI0308 Parts I to 3 42-03-620-006-22510-0000 Sunset Boulevard Rane:e Jones PT Lot 5 RP 16RI0308 Parts I to 3 42-03-620-006-22510-0000 Sunset Boulevard Range Jones PT Lot 5 RP 16R10308 Parts I to 3 4 2-03-620-006-225 I 0-0000 Sunset Boulevard Range Jones PT Lot 5 RP 16RI0308 Parts I to 3 42-03-620-006-22510-0000 Sunset Boulevard Range Jones PT Lot 5 RP 16RI0308 Parts 1 to 3 42-03-620-006-225 I 0-0000 Sunset Boulevard Rane:e Jones PT Lot 5 RP 16RI0308 Parts 1 to 3 4 2-03-620-006-225] 0-0000 Sunset Boulevard Rane:e Jones PT Lot 5 RP 16R!0308 Parts 1 to 3 4 2-03-620-006-225 l 0-0000 Sunset Boulevard Range Jones PT Lot 5 RP 16R10308 Parts 1 to 3 42,03-620-006-22510-0000 Sunset Boulevard Range Jones PT Lot 5 RP 16RI0308 Parts I to 3 42-03-620-006-22510-0000 Sunset Boulevard Ran"e Jones PT Lot 5 RP 16RI0308 Parts 1 to 3 42-03-620-006-22510-0000 Sunset Boulevard Rane:e Jones PT Lot 5 RP 16R10308 Parts 1 to 3 42-03-620-006-22510-0000 Sunset Boulevard Rane:e Jones PT Lot 5 RP 16RI0308 Patts 1 to 3 42-03-620-006-22510-0000 Sunset Boulevard Rane:e Jones PT Lot 5 RP 16R10308 Parts 1 to 3 42-03-620-006-22510-0000 Sunset Boulevard Range Jones PT Lot 5 RP 16RI0308 Parts I to 3 42-03-620-006-225] 0-0000 Sunset Boulevard Rane:e Jones PT Lot 5 RP 16R10308 Parts 1 to 3 42-03-620-006-225]0-0000 Sunset Boulevard Rane:e Jones PT Lot 5 RP 16R10308 Parts 1 to 3 4 2-03-620-006-22510-0000 Sunset Boulevard Rane:e Jones PT Lot 5 RP 16RI0308 Parts I to 3 42-03-620-006-22510-0000 Sunset Boulevard Range Jones PT Lot 5 RP 16RI0308 Parts 1 to 3 42-03-620-006-22510-0000 Sunset Boulevard Ran"e Jones PT Lot 5 RP 16RI0308 Parts 1 to 3 42-03-620-006-22510-0000 Sunset Boulevard Rane:e Jones PT Lot 5 RP I 6Rl 0308 Parts 1 to 3 42-03-620-006-22510-0000 Sunset Boulevard Range Jones PT Lot 5 RP 16Rl 0308 Patis I to 3 42-03-620-006-225 I 0-0000 Sunset Boulevard Plan I 074 Lot II 42-03-620-006-228] 1-0000 Sunset Boulevard Plan 1074 Lot 12 4 2-03-620-006-22812-0000 Sunset Boulevard Plan 1074Lot 17 42-03-620-006-22817-0000 Sunset Boulevard Plan 1074 Lot 18 42-03-620-006-22818-0000 Sunset Boulevard Plan 1074 Lot 19 (I 14 Sunset Boulevard) 42-03-620-006-22819-0000 Sunset Boulevard Range Jones Pt Lot 6 RP 16R2596 Parts 2 & 9 Row 42-03-620-006-23400-0000 Sunset Boulevard On Pt 1 & JR Pts 7 (143 Sunset Boulevard) Range Jones Pt Lot 7 RP 16R6909 Part 1 42-03-620-006-23657-0000 Grandore Street E. Range Jones Pt Lot 7 RP 16R6909 Part 2 42-03-620-006-23658-0000 Grandore Street E. Ran"e Jones Pt Lot 7 RP 16R6909 Part 3 42-03-620-006-23659-0000 Grandore Street E. To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined Page 24 of 25 ~ell@llllli® f J. L Riellawllls ~ Assoeisii@s R®[(l©li1 lllsit@lll J1J!y 3"1, i@i ii Page 25 of 25 JlR No.: :WCl57.0ll0.1 Re11isio11: Funai Prepared for: Prepared by: TOWNSHIP OF GEORGIAN Bll.lFFS J.L. RICHARDS & ASSOCIATES lll\fiiTED 177964 Grey Road 18, R.R. #3 107-450 Speedvale Avenue West Owen Sound, ON Guelph, ON N4K5N5 N1H7Y6 Tel: 519-763-0713 Fax: 519-763-9261 Water Capacity Justification Report Township of Georgian Bluffs - Oxenden Settlement Area J J.L.Richards ENGINEERS· ARCHITECTS, PLANNERS Value through service and commitment Wto1t®W Cm[Pl©JICOilf JI\J~1loffo«:©J1lkw1 !R®[Pi 1.1 Introduction ...... 1 1.2 Purpose ...... 1 1.3 Report Objectives ...... 1 2.1 Assessment Findings ...... 1 2.2 Oxenden Area Existing Flow Data ...... 1 2.3 Existing Flow Data in Comparable Municipalities ...... 2 2.4 Projected Water Volume Requirement...... 4 2.4.1 Land Use Designation and Service Population ...... 4 2.4.2 Maximum and Average Day Demand ...... 4 3.1 Maintenance and Fire Flow ...... 6 3 .2 Maintenance ...... 6 3.3 Fire Protection ...... 7 4.0 Summary ...... 7 5.0 Limitations ...... 8 Figure 1 - Grey County Draft Official Plan for Oxenden Area J.L. Richards & Associates Limited July 31, 2018 JLR No.: 28057.000.1 -i- Revision: Final WSl1t®W C 'i. 'i il"!!flf)O$® J.L. Richards & Associates Limited (JLR) was retained by the Township of Georgian Bluffs (the Township) to complete an assessment of the water servicing needs for the Oxenden Area. This assessment is required as part of a series of negotiations with the Town of South Bruce Peninsula though the Ontario Municipal Board (0MB). It is intended that this report will form part of the water service agreement between the two (2) municipalities and will provide the justification and basis for water supply requirements provided to the Township though the agreement. 1.2 Report Objective$ As per the terms in the Letter of Reference provided by the 0MB (dated: April 12, 2018), the objectives of this report are to: • Review available flow data for the existing service population as well as current Ministry of Environment, Conservation and Parks (MECP) Design Guidelines from Drinking Water Systems (2008) and typical water use in comparable municipalities. • Use applicable MECP and other guidelines, historical flow data, and good engineering practices to establish the projected water demand requirements for domestic and commercial use. • Assess the requirements for fire protection and system maintenance by conducting a separate analysis specific to those requirements. • Identify the water quantity required to meet the above demands for the Oxenden Settlement Area. 2. i Oxenden Area Existing Flow Data Flow data for the Oxenden Area was gathered from the annual reports published by the Township and is summarized in Table 1 below. The data for 20"16 was removed as the report noted that monthly flow data contained unusually high readings that were suspected by the operator to be unreliable and not representative of typical operations. Additionally, in late 2017, a leak in the Oxenden distribution system was discovered and repaired. It is unknown how long the leak was present; however, water demand declined in December 2017 when it was repaired. Flows in January to May of 2018 were lower than the same months in 2017 and comparable to flows from 2013 to 2015. This suggests that the leak was present for much of 2017 and likely inflated demand in the period. The average flow has therefore been calculated without flow data from 2016 and 2017. J.L. Richards & Associates Limited July 31, 2018 JI..R No.: 28057.000.1 -1- Revision: Final W©Jft«w C©J!P)©Jdft)! J R.ll:!!ftm«:toJtO©>fi'1 R@!PJ(Wft lf@Wll1l:!!ihO!PJ @ff G@@W\9)0/iilll1J i81Mffa - 0){@1l11«:l®ll1l S\@ftfti®M®ll1l~ AW®©l Avera!)le Maidmm11 Maidmum Flow Per Flow l)(W Year Flow Day l"opu!atoo112 Day' Capita [m 3/day] Factor [m 3/day] [Ucap/day] 2013 77.5 267 3.44 411 187 2014 83.4 437 5.24 414 201 2015 102.9 391 3.80 418 246 2017 127.0 368 2.90 418 304 Average 2013-2017: 97.7 235 Average 20'13 - 2015 87.9 .· 212 Notes: 1. Flow Data obtained from the Township of Georgian Bluffs annual reports (2013 -2017). 2. Population estimated assuming 2.2 people per household based on data from utility bills. The average annual day flow in Oxenden is 212 Ucapita/day. This is relatively low, although still within the range from the MECP Guideline (2008) for a population > 500 people. In Oxenden, the maximum daily flow of 437 m3/day occurred in 2014. The maximum flow is 4.97 times the 5-year average daily flow. Daily flow records were obtained for 2017, the maximum day flow in that year was a result of system maintenance activities (i.e. hydrant flushing). The higher than average maximum day factor in Oxenden is typical for a small system where demand for short-duration maintenance activities is a significantly higher than average day flows. Based on the MECP Design Guideline (2008), a community with a population of 150 people would typically have a maximum day factor of 4.9. Thus, the average day and maximum day factor in Oxenden are within MECP Design Guidelines. 2.2 Existing Flow Data in Comparable Municipalities The flow data for communities and municipalities in close proximity to the Oxenden Area was collected and compared to flows in Oxenden and the rest of the Township. The results are summarized in Table 2. J.L. Richards & Associates Limited July 31, 2018 JLR No.: 28057.000.1 -2- Revision: Final Wtai\t11n Ctai[O)taiit:n\tlf JIUl!i\\\tm4:tai\to©ll1l R®[O)©r\t 'f©Wll1l$~0[0) !liq G®©W\\lJU©lll1l ll?li1U1ffq!i\\ - Qi;[®IJ1l\01®111l ~®\t\ti®iil1®111l\t AW®©l A11®YaJ!l)® A11ern!lle MaJtimm111 Mainimum D"ofi!u iaitlicm Daiiiy Flow l1JJ«:illtti1lii Daily Flow Daiily Flow Day [caip]1 per Capit.ll [m3/olay] [m3/olay] F:;ictoq-J [L/cap/day] Oxenden 87.9 437 4.97 415 212 Shallow Lake' 127 475 3.75 405 314 East Linton 548 1750 3.19 899 615 Pottawatomi 17.4 64.6 3.71 55 317 Wiarton3 970 2183 2.25 2886 336 Owen Sound4 8426 14791 1.76 22032 382 Kincardine5 3023 - - 8315 364 Meaford6 1885 2785 1.48 5290 350 MECP Guideline 270-450 Systems > 500 people7 MECP Guideline 180-1500 Systems < 500 people Notes: 1. Population information for the surrounding communities was taken from the Statistics Canada 2016 Population Census. Population information for communities in the Township of Georgian Bluffs was assumed from the utility bills using 2.2 people per household from the Wiarton Master Servicing Plan for Water, Wastewater and Stormwater (GM Blueplan, 2015). 2. Flow data for Shallow Lake, East Linton, and Pottawatomi communities collected from the Township of Georgian Bluffs Annual Reports (2013-2017) 3. Data from the Wiarton Master Servicing Plan for Water, Wastewater and Stormwater (GM Blueplan, 2015) 4. Flow data from 2013 to 2015 was contained in the Owen Sound Water Annual Summary Report 2015. 5. The Kincardine Drinking Water System Annual Water Summary Reports for 2015 through to 2017 had information on the annual daily flow data but did not include information on the maximum daily flow. 6. The summary report for the Municipality of Meaford Water Treatment Plant was referenced to gather information on the flow data. It should be noted that the above information was gathered only from 2013, 2015 and 2016. 7. Retrieved from MECP (formally MOECC) Design Guidelines for Drinking Water Systems (2008). There are three (3) other small systems in Georgian Bluffs with comparably sized service populations: Shallow Lake, East Linton and Pottawatomi. In Pottawatomi and Shallow Lake, which are closest in size to Oxenden, the annual average day flow is approximately 315 Ucap/day. The highest per capita flow is in East Linton at 615 Ucapita/day. The per capita flow for neighbouring municipalities ranges from 335 Ucap/day to 382 Ucapita/day typical based on community size and demographics. With the exception of East Linton, all flows are within typical domestic water demand in the MECP Design Guidelines for Drinking-Water Systems (2008). Maximum day factors in neighbouring systems are lower then in Oxenden and range from 3. 75 to 1.48, with the lowest factors occurring in the largest systems. J.L. Richards & Associates Limited July 31, 2018 JLR No.: 28057.000.1 -3- Revision: Final Wlllt®w Clllfil«il«::rnlf JM!!;itmc«ilftil())rru R®fill())~it IJIQ)Wl/'U$1hllfil ©i G@l())W!l]Illlll/'U ~!Mffa - 0}[@1/'U«Jl®m Si@ftiti®M®ll'Uft Arr@lfil Under the current Grey County Official Plan (2012) land use designation in the Oxenden area consists of Tertiary Settlement Areas, Escarpment Recreation Areas, Hazard Lands, and Niagara Escarpment Plan Areas. As shown in Figure 1, the new draft Official Plan (2018) proposes that the Tertiary Settlement Area be re-zoned as Secondary and that some Hazard Lands be removed. The County Official Plan (2012) specifies that: 2.5.2 (6) The Escarpment Recreation Area designation, in addition to the designated Settlement Area, will generally be the focus of growth within the County. As such, growth in Oxenden is assumed to be restricted to Escarpment Recreation and designated Settlement areas. There are currently 186 residential and five (5) commercial .properties in Oxenden. Projected water demand requirements allow for the development of 35 new residential units consisting of a 22-lot subdivision and 13 infill units on lands that are designated as Escarpment Recreation or Settlement Areas. This results in a total of 226 units. No provisions have been made for growth that may occur on lands such as the Wiarton Keppel International airport, which are currently designated as Niagara Escarpment Plan Areas. 2,3.2 Maximum and Average Day Demand The MECP Design Guidelines for Drinking-Water Systems (2008) indicate that water treatment plants should be designed to satisfy maximum day demand. The maximum day demand is the average usage on the maximum day and does not represent day-to-day or typical water consumption rates. The maximum day demand is typically established based on actual water demand data or maximum day factors developed by the MECP, and it is a function of the average day demand and service population. As the only source of domestic water for Oxenden is the Wiarton Water Treatment Plant, capacity should be reserved on the basis of maximum day flow in order to meet the MECP Design Guidelines. The Wiarton WTP was designed on the basis of satisfying maximum day demands and allocating plant capacity to development based on maximum day demand. This is in keeping with the approach in the Wiarton Master Servicing Plan for Water, Wastewater and Stormwater (GM Blueplan, 2015). Presently 44 per cent of property owners reside outside of Oxenden. The future occupancy status of these units (i.e. permanent vs. recreational) is difficult to predict. The JLR team has therefore looked at two (2) average day demand scenarios: 1. Oxenden Historical Demand: Under this scenario, average demand for existing units are assumed to stay the same as historical demand. For undeveloped lots, the occupancy status and resulting water usage is unknown and flows for new units will be assessed on the basis of typical demand for a dwelling occupied permanently. In nearby service areas (Table 2), average day demand range from 314 to 382 Ucapita/day, with an average just under 350 Ucapita/day. J.L. Richards & Associates Limited July 31, 2018 JLR No.: 28057.000.1 -4- Revision: Final Wlllft®r Ci!liJllllcnftlf J1n$irnclll\tn@fll ~®(OJ<(w\t l@Wfllll\\il1o~ @ff G®@W9JO®lil la!inffll\\ ~ On®m.!®fll ;'»®\tfti®M®lil\t Ar®©i For tl1e purposes of eslimating the future average daily demand for this scenario we have assumed tl1at demand for existing units is 270 L/capita/day, the minimum from the MECP Guideline, and that new units have a demand of 350 L/capita/day. Both of these demands are reasonable given the historical data and the range provided in the MOE CC Guideline. Assuming a unit density of 2.2 people per household, the design average day flow using this approach is 140 m3/day. 2. Wiarlo11 Histowical Flows: Under this scenario we have assumed that water usage transitions to mirror that in the larger Wiarton WTP service area. Under this scenario, the current per capita flow rate for the Wiarton WTP, 336 L/capita/day is applied to all existing and future development. Assuming a unit density of 2.2 people per household, this results in an average day demand of 167 m3/day. In Oxenden, the maximum day flow is 4.97 times the average day flow. This is because the average day flow is relatively low and the impact of high demand events (e.g. maintenance activities, influx of seasonal residents on a long-weekend, or lawn watering) are not buffered the way they would be in a larger system. Conversely, in Wiarton overall, the maximum day flow is 2.25 times the average day flow; however, the average day flow is higher. Maximum day flows for the Oxenden service area have been assessed under various average and maximum day scenarios. The result are summarized in Table 3. Table 3: Comparison of Flow Projections for Oxenden Average Day Maximum Day Maximum Day Scenario Flow (m 3/day) Factor Flow (m 3/day) No 1: Average Flow= Oxenden Historical 1 140 4.97 696 Max. Day Factor = Oxenden Historical 2 No. 2: Average Flow= Oxenden Historical 140 2.25 315 Max. Day Factor = Wiarton Historical 3 No. 3: Average Flow= Wiarton Historical 4 167 4.97 830 Max. Day Factor = Oxenden Historical No. 4: Average Flow= Wiarton Historical 167 2.25 375 Max. Day Factor = Wiarton Historical I I I Notes: 1. Oxenden Average Day: Calculated using 270 I/capita/day for existing units and 350 Ucapita/day for future units, based on historical data and MECP Design Guideline. The conversation to units is based on a unit density of 2.2 people per household from the Wiarton Master Plan (GM Blueplan, 2015). 2. Oxenden Maximum Day: Average maximum day factor from the Oxenden annual reports (2013 -2015). 3, Wiarton Maximum Day: From the Wiarton Master Plan (GM Blueplan, 2015). 4. Wiarton Average Day: Calculated using the average per capita flow rate of 336 Ucapita/day from the Wiarton Master Plan (GM Blueplan, 2015) for all existing and future units. The conversation to units is based on a unit density of 2.2 people per household also from the Master Plan. J.L. Richards & Associates Limited July 31, 2018 JLR No.: 28057.000.1 -5- Revision: Final W©li@li' C©1[l)l©1«:!l1f JM$1m«.:©lia©li1l R@[l)l©li'~ T©Wli1ll'>hi[l)l ©f G@©li'!!l)D©lli1l B!Milfa - Ox@midl@li1l ~@l~i@m@li1li Ali'@@ Based on this analysis, the range of theoretical maximum day flows is between 315 m3/day to 830 m3/day. The scenario that results in the highest maximum day flow projection is Scenario No. 3, based on Wiarton average flows and the Oxenden maximum day factor. However, this scenario is unrealistic, as a transition to a more permanent population would typically result in a lower the maximum day factor. This scenario will therefore not be considered further. The next highest theoretical maximum day flow is 696 m 3/day (Scenario No. 1 ). While this reasonably predicts the maximum day flow in Oxenden, it neglects to consider the buffering effects of the much larger Wiarton distribution system. When assessing plant treatment capacity, a more representative maximum day peaking factor considers the entire service population (i.e., Scenarios No. 2 and 4). In this case the lower theoretical maximum day flow of 315 m3/day (Scenario No. 2) or 375 m3/day (Scenario No. 4) reasonably reflect actual system operations as a whole. This approach considers water consumption within the Oxdenden system as an extension of the Wiarton water distribution system rather than a stand-alone system. As future land use in the future is unknown and the difference between Scenarios No. 2 and 4 is not substantial, JLR recommends using the maximum day flow of 375 m3/day (Scenario No. 4), with the understanding that flows for high demand maintenance activities and fire protection are in addition and will be provided as described in Section 3.0. As the average day flow has less bearing on the determination of plant capacity, we recommend using the average day flow of 167 m3/day from the same scenario, to allow for some change to the demographics. 3.0 Maintenance and Fire Flow 3. i Maintenance Occasionally, additional potable water is required to properly maintain a water distribution system in accordance with the Operating Authority's Drinking Water Works Permit (DWWP) and License. These activities can include regularly scheduled flushing programs to maintain adequate secondary disinfectant residuals, periodic valve and hydrant exercising, and watermain repairs. On an as needed, basis and at least twice per year, the Town of South Bruce Peninsula will provide adequate water to conduct maintenance activities and hydrant flushing. Currently, maximum day flows in Oxenden are generally a result of maintenance activities. It is not anticipated that demands for normal system maintenance will exceed the domestic maximum day demands identified under Oxenden historical flow patterns (Scenario No. 1), 696 m3/day, in the previous section. No information was provided to indicate that active watermain flushing is utilized to maintain secondary disinfection residuals in the Township distribution system. Therefore, no additional water supply provisions have been determined to accommodate this as a regular (i.e. daily or weekly) operation. J.L. Richards & Associates Limited July 31, 2018 JLR No.: 28057.000.1 -6- Revision: Final W&i\t®W C.i[PJ&iit:O\tlf JM~\toiforc©J\tO(Q)il R@[PJ«ni 'f((JJllllli1J$lhO!P) (Q)i/ G@CQJWg]O@lii1118\IMifif~ - 0JZ@li11©1®1i11 ~®\t\ti®M®il\t AW@@l 3.2 !Fer® lf'mft®rcfti©11 At the connection point to the Town of South Bruce Peninsula's water distribution system on Grey Road 1, water supply for fire protection shall be provided to the maximum extent possible (i.e., flow rate, pressure and duration). The level of service remains dependent on the Town's water distribution system, but is expected to be comparable to similar services areas in the Town. No existing water distribution system design information was available to review, nor has a detailed hydraulic capacity assessment of the water distribution system been completed. Based on the long single watermain feed to the service area, the existing Oxenden water distribution system is expected to supplement existing rural fire protection practices. It is not recommend that the existing water distribution system be relied upon as the sole source of water supply to satisfy the current Ontario Building Code fire protection requirements. For the purposes of establishing a water supply agreement between the Township of Georgian Bluffs and the Town of South Bruce Peninsula, we propose that South Bruce Peninsula provide following: 1. An annual average day flow of 167 m3/day to service existing properties and allow for the development of 35 new residential units on lands that are designated as Escarpment Recreation or Settlement Areas; 2. Reserved capacity at the plant to provide the maximum day flow for domestic and commercial use based on a maximum day factor of 2.25. This is equivalent to a maximum day flow of 375 m3/day; 3. In addition to the average and maximum day flows above, water for annual system maintenance/hydrant flushing, as required. 4. At the watermain connection on Grey Road 1, fire protection shall be provided at the maximum extent possible (i.e., flow rate, pressure, and duration), and at a level of service comparable to similar service areas within the Town of South Bruce Peninsula. The Ministry of the Environment, Conservation and Parks (MECP) Design Guidelines for Drinking Waler Systems (2008) indicate that water treatment plants should be designed to satisfy maximum day demand. To reach the maximum day demand of 375 m3/day (under bullet number 2 above), the water consumption within the Oxenden system has been treated as an extension of the larger Wiarton system. As service populations increase the difference between the average day and maximum day flow (i.e. the maximum day factor) typically decrease as shown in Table 2 and in the MECP Design Guideline. In consideration of this, the proposed maximum day demand for the Oxenden area takes into account the buffering effect of the larger Wiarton system. The current per capita flow rate for the Wiarton WTP is 336 L/capita/day. Assuming a unit density of 2.2 people per household, results in an average day demand of 167 m3/day for existing and future development in Oxenden. At the Wiarton WTP, the maximum factor is 2.25 times the average day flow. When this is applied to the average day flow for Oxenden, the theoretical maximum demand is 375 m3/day. J.L. Richards & Associates Limited July 31, 2018 JLR No.: 28057.000.1 .7. Revision: Final \1\1;,ter Capacity Jt1stificatkm Repori: lrowU1:sM p of Geo~!l]BSJll'i IEl\iLJiVifs "OitemJJ®n S®i:m,ment /4rc➔ ,l! This report hes bGen r:irepere,.ci 1:01 the- 2:xc'.usive use~ of thf; Tmv:1s,1ip o"i Cif.CJrfilsn 8!uffa, fv:· J:0 stated purpose, for the nomed sys'cern. !ts discussions a.nd conc!usioi1s are summery in nc.ttJ,:,: and cannot be properly used, interpreted. or extended to other purposes without a dete.iieC understanding and discussions with the client 8_s to its mandated purpose, scope. and liirdtefior:s. This report was prepared for the sole benefit and use of the Township of Georgian BluHs and rrn-;1y not be used or relied on by any other party without the express written consGnt of ...i .L. Richards&. Associates Limited. This report is copyright protected s.nd may not be reproduced or used, other than by the Township of Georgian Bluffs for the stated purpose, without the express written consent of J.L. l' J.L. RICHARDS & ASSOCIATES l..lMITED Revlevved by: Mark Buchanan. P.Eng. Envirorimen al Engineer Civil Engineer J.L. Richards & Associates Limited July 31, 2018 JLR No: 28057.000.1 -8- Revision· Final 111fa1ftew C.i[Pl©J G15 4':S, LEGEND SCALE 'i:25,000 ~ l'ro·,in,:I" >l•lll>w•r ~Primery CJN,'»'tO!:>=<""OolPlonk"" =C.0.WtfP.OOC @s.a www.jlrichards.ca Ottawa Kingston Sudbury Timmins 864 Lady Ellen Place 203-863 Princess Street 314 Countryside Drive 201-150 Algonquin Blvd. E. 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