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1078 Bruce Road 12, P.O. Box 150, Formosa ON Canada N0G 1W0 Tel 519-367-3040, Fax 519-367-3041, [email protected], www.svca.on.ca
Issued March 10, 2015
REQUEST FOR PROPOSALS
LEASING OF SAUGEEN BLUFFS CAMPGROUND
LEASING OF SAUGEEN BLUFFS CAMPGROUND
Request for Proposals
Package Contents
TAB
Request for Proposal Document A
Property Description B
Buildings and Structures C
Major Equipment List D
Staffing Level E
Aerial Photo F
Financial Information and Miscellaneous G
Conservation Authorities Act Ontario Regulation 169/06 H
Leasing of Saugeen Bluffs Campground
Request for Proposals
Table of Contents
Page
1) Cover Page 2
2) Project Overview 3
3) Terms that will be Part of the Campground Lease 3
a) Leased Property 3
b) SVCA Policies and Regulations 3
c) Municipal Official Plan/Zoning Regulations 3
d) Property Use and Campground Operation 4
e) Lease Term 4
f) Rent 4
g) Community Events 4
h) Infrastructure Maintenance and Repairs 5
i) Insurance 5
j) Access for Logging 5
k) Trees 5
l) Campground Reservation System 6
m) Equipment Tools and Vehicles 6
n) SVCA Inspections 6
o) Books and Records 6
p) Indemnity and Save Harmless 6
q) Ministry of Natural Resources Approval 6
4) Lease Start Date 6
5) Bidder Qualifications and References 7
6) Proposal Evaluation 7
7) Additional Terms and Conditions 8
8) Proposal Contents and Format 8
9) Campground Viewing 8
Tab Ap 1 of 8
1) COVER PAGE
Project Title: Leasing of Saugeen Bluffs Campground
Issuing Organization: Saugeen Valley Conservation Authority (“SVCA”or “ SaugeenConservation”)
Key Dates:
Release Date: March 10, 2015
Submission deadline: June 15, 2015 4:00pm EDT
SVCA contact information: SVCA, 1078 Bruce Rd 12, Box 150, Formosa ON, N0G 1W0 Wayne Brohman, General Manager/Secretary-Treasurer [email protected]; 519 367-3040 ext 232
Bidder Information (must be completed by bidder)
Business name ___________________________________________________________
Address ________________________________________________________________ Telephone ______________________________________________________________ Email __________________________________________________________________ Contact name ___________________________________________________________
________________________________________________ Bidder Signature
Tab Ap 2 of 8
2) PROJECT OVERVIEW:
Saugeen Conservation is one of 36 Conservation Authorities in the province of Ontario.It is a not-for-profit corporate body established in 1950 under the ConservationAuthorities Act of Ontario to manage renewable natural resources on a watershedscale. SVCA owns and manages 21,000 acres of land in the Saugeen watershed for avariety of purposes including protection of important wetlands and significant forests,provision of picnic and park areas and campgrounds, flood warning and control,stewardship services and others.
Saugeen Conservation operates three campgrounds: Brucedale on Lake Huron,Saugeen Bluffs along the Saugeen River near Paisley and the Durham campground alsoalong the Saugeen River at the edge of the town of Durham.
The SVCA Board of Directors has directed the General Manager/Secretary-Treasurer toinvestigate the potential to lease the Saugeen Bluffs campground operation to a thirdparty. The purpose of this Request For Proposals (“RFP”) is to inform interested thirdparties of the potential leasing opportunity.
3) TERMS THAT WILL BE PART OF THE CAMPGROUND LEASE:
a. Leased Property: The entire Bluffs property owned by SVCA is approximately 280acres. About 55% of this property (150 acres) is not used for the campgroundoperation. That 55% is mostly forested lands that are periodically harvested. Theforested lands have trails that are used for hikes by campers. The 150 acres offorested lands not used for the campground operation will not form part of theleased property. Bidders should refer to the aerial photo [Tab F] which indicatesthe approximate division between the lands that will be leased as part of thecampground operation and those lands that will remain under the control of SVCA.
b. SVCA Policies and Regulations: Much of the campground lands are located in aforested river valley and flood plain. Development on these lands is subject toRegulation 169/06 of the Conservation Authorities Act. [Tab H] Bidders shouldmake themselves familiar with development restrictions associated with thatregulation.
c. Municipal Official Plan/Zoning Regulations: Part of the campground lands has beendesignated and zoned Environmental Hazard (EH) and part is zoned Open Space(OS). Bidders need to ensure that their proposal and intended use of the propertyconforms to the Municipality’s Official Plan and Zoning By-law. (See copy ofSaugeen Shores EH and OS Zoning By-law Tab B). Bidders are also encouraged torefer to the Bruce County Official Plan.
Tab Ap 3 of 8
d. Property Use and Campground Operation: Bidders need to be aware that as aminimum the campground lease will require:i) The campground is to remain open to the general public.ii) The name of the campground is to remain “Saugeen Bluffs” unless a name
change is approved by SVCA.iii) The tenant will not be permitted to use the words “Conservation Authority” in
any signage, advertising, promotion etc. Current highway signage that denotesthe Bluffs as a “Conservation Area” will likely not be allowed to stay in place.
iv) The tenant will be responsible for all costs of operation of the campgroundincluding but not limited to hydro, fuel, insurance, wages, property tax,maintenance, advertising etc. It is intended that the lease will be on a full net,net, net basis.
v) Any proposed new development requires regulatory approval as well as SVCABoard approval.
vi) The tenant will be required to provide details of intended uses to SVCA so SVCAcan ensure such uses meet SVCA objectives.
e. Lease Term: The term of the lease is subject to negotiation but must be a minimumof five (5) years and can be a maximum of twenty (20) years. The tenant may bepermitted to transfer, assign or sublet subject to SVCA Board approval. Bidders arerequired to state their preferred lease term in their proposal.
f. Rent: The Bidder’s proposal must specify the amount of rent to be paid to SaugeenConservation for the leasing of the campground. SVCA will give preference toproposals that include a fixed annual rent amount in addition to an amount basedon a percentage of gross revenues.
g. Community Events: The lease will require that the tenant will make the leasedcampground area available for certain community events that have traditionallybeen held at Saugeen Bluffs. The Saugeen Conservation Foundation uses thecampground each spring at the end of March for its Maple Syrup Festival fundraising event. Cross country running events organized by local schools use thecampground in the fall. The logistics and terms of the community events will besubject to negotiation between SVCA and the tenant.
Tab Ap 4 of 8
h. Infrastructure Maintenance and Repair: Bidders need to be aware that the leasewill contain, as a minimum, terms related to the maintenance and repair ofinfrastructure as follows:i) Tenant will be responsible for repair, maintenance, safety, security and all costs
associated with the campground infrastructure.ii) All new items or improvements provided by the tenant become the property of
SVCA upon termination of the lease.iii) Required upgrades will have a timeframe for completion with the schedule
approved by SVCA.iv) Saugeen Conservation will be allowed to inspect all upgrades at a time
convenient for both parties.v) Individual maintenance and repair items under a cost of $5,000 do not require
the approval of Saugeen Conservation.vi) Infrastructure associated with the campground includes:
• Hydro• Picnic shelters• Washrooms and showers• Wading pool• Gatehouse• Workshop• Sutherland Centre• Laundry facility• Camp store• Horseshoe pits and fencing• Playground equipment• Water system• Septic system• Roadways
i. Insurance: The tenant will be required to maintain adequate property insurancecoverage and general public liability coverage. SVCA is to be included as anadditional named insured on the tenant’s policy.
j. Access for Logging: Bidders need to be aware that there will be a small number ofoccasions when Saugeen Conservation will need access through the campground tothe forested areas that will not form part of the leased campground lands. Thataccess will be required for logging operations and will only be needed during thetime of year when the campground is not operating.
k. Trees: The lease will be required to provide for regular inspection of trees in thecampground by SVCA forestry staff. Forestry staff regularly review the forest coverin our campgrounds to ensure that dead trees and others that pose a risk tocampers are removed. Replacement trees are also planted by forestry staff andselect trees are treated by staff to help ensure their health. The costs associatedwith tree removal, planting and treatment will be subject to negotiation betweenthe parties.
Tab Ap 5 of 8
l. Campground Reservation System: SVCA currently uses the Camis on-line campsitereservation system at the Bluffs and Durham campgrounds. SVCA will cancel itsagreement with Camis as it relates to the Bluffs once a campground leaseagreement is in place. The tenant will need to make its own arrangement withCamis should it wish to retain this service.
m. Equipment Tools and Vehicles: The tenant will be given the first opportunity topurchase at fair market value the equipment, tools and vehicles that SVCA will nolonger require once the campground is leased. Bidders should refer to the list atTab D.
n. SVCA Inspections: The lease will provide that SVCA staff or its agent will be allowedto perform periodic inspections of the campground at times agreed between theparties.
o. Books and Records: The lease will require that the tenant provide SVCA with anannual financial statement of the campground operation reviewed by aprofessional accountant.
p. Indemnity and Save Harmless: The tenant will be required to indemnify and saveharmless SVCA, its directors and employees against all claims, damages etc arisingfrom the operation of the campground. SVCA shall not be liable for any personalinjury, damage to property etc.
q. Ministry of Natural Resources (“MNR”) Approval: The campground lease that isnegotiated between Saugeen Conservation and the tenant will be subject toapproval by MNR. MNR has informed SVCA that the approval process can take upto six months.
4) LEASE START DATE
Once the successful Bidder has been selected a period of time will be required toprepare the formal lease document between the Bidder and SVCA. Then once thelease document is finalized it will be forwarded to the Ministry of Natural Resources forits approval. That approval process may take up to six months to complete andapproval is not guaranteed. It is anticipated that the entire process will be completedby March 2016 with the lease becoming effective at that time.
Tab Ap 6 of 8
5) BIDDER QUALIFICATIONS AND REFERENCES
To assist Saugeen Conservation in evaluating proposals, Bidders are required tointroduce themselves and indicate why they would be a good choice to operate theBluffs campground by providing as a minimum the following information:• A profile of their firm or individual• A summary of prior experience and qualifications in operating a campground or
similar business.
Bidders may be required to provide references and financial data at a later date and may be required to consent to a credit and background security check.
6) PROPOSAL EVALUATION
Evaluation of proposals will be performed by a committee of the Board of SVCA.Proposals will first be checked against the mandatory requirements. Proposals notmeeting the mandatory requirements will be rejected without further consideration.The following are the mandatory requirements:• The proposal must be received by June 15, 2015 at 4:00pm EDT.• The proposal must contain a signed Cover Page.• The proposal must contain a statement on the length of term of the lease desired
by the Bidder.• The proposal must contain a Bidder profile and summary of experience and
qualifications as noted in section 5 of this RFP.• The proposal must specify the amount of rent to be paid to SVCA as noted in
section 3 f of this RFP.• The proposal must state the Bidders willingness or not to allow community events
to continue to be staged at the campground as noted in section 3 g of this RFP.
Proposals meeting the mandatory requirements will be assessed on a number of criteria including but not limited to: • Suitability of the proposal• The Bidders capability• Lease term• Rent amount
Selected bidders will be invited to review their Proposal with the Board committee.
Tab Ap 7 of 8
7) ADDITIONAL TERMS AND CONDITIONS
This RFP should not be construed as an agreement to enter into a lease for the SaugeenBluffs campground. The highest rent amount or any Proposal will not necessarily beaccepted and SVCA is not bound to enter into any contract with any Bidder.
SVCA reserves the right in its sole discretion at any time, and for whatever reason to,modify, amend, withdraw or otherwise change this RFP.
This RFP contains proprietary and confidential information of Saugeen Conservationwhich is provided for the sole purpose of permitting the Bidder to respond to this RFP.The Bidder agrees to maintain such information in confidence and not to reproduce orotherwise distribute this information.
8) PROPOSAL CONTENTS AND FORMAT
The following format and sequence should be followed in order to provide consistencyin Bidders’ responses and to ensure that each Proposal receives full consideration.
1. Title page: Bidder’s name and contact information2. Signed RFP Cover Page3. Executive Summary: briefly describe the key features of the Proposal4. Corporate/Individual Profile and Qualifications: see section 5 of this RFP5. Lease Term and Rent amount: A clear statement on the lease term desired by the
Bidder and a clear statement on the amount of fixed rent to be paid to SVCA andwhether there is a percentage of revenue component to the rent amount
6. Community Events: A statement on the Bidder’s willingness, or not, to allow certaincommunity events to continue to be staged at the Bluffs campground.
7. Other Terms: A statement that the terms outlined in section 3 of this RFP that dealwith items such as infrastructure repairs and maintenance, access for logging etc.are understood and acceptable to the Bidder.
9) CAMPGROUND VIEWING
Interested parties wishing to view the Saugeen Bluffs Campground should contactWayne Brohman, General Manager, by email [email protected] or by phone at519-367-3040 Ext 232 to arrange a viewing. The Bluffs will open April 25th for the 2015camping season.
Tab Ap 8 of 8
Saugeen Bluffs Campground
Campground Property Description
Legal Description: River Range C, Part Lots 9-13, Town of Saugeen Shores
Municipal Address: 132 Saugeen Bluffs Road, Saugeen Shores
Size: The entire Conservation Area is approximately 280 acres. The campground comprises approximately 130 acres of the entire property.
Aerial photograph: See Tab F
Zoning: Environmental Hazard (EH) and Open Space (OS)
Campsites: Serviced sites (approximate) 103 Un-serviced sites (approximate) Total Sites (approximate) 185
82
Saugeen Bluffs Campground Buildings and Structures
Gatehouse The gatehouse at the road entrance to the park is of recent construction. It contains a small office, service counter and drive-thru window. The gatehouse is wired for computer connections and has security cameras. There is also a covered area for firewood storage, an ice freezer and pop vending machine. It is approximately 30 ft by 11 ft. Robert Sutherland Conservation Centre This versatile teaching area and meeting place was constructed in 1992. This 2,000 sq foot building of brick and stone construction includes a kitchen/dining area, meeting/display room, 2 washrooms and an office room. It is available for daily rental by various groups and is used for the Maple Syrup Festival. Store This older wooden building is used for the sale of basic camping supplies, food, snacks, ice etc. It is also used to store various pieces of rental equipment such as lifejackets, paddles etc. This building is used during the Maple Syrup Festival for preparing and serving pancake breakfasts. It is approximately 540 sq ft. Showers/Washroom/Laundry This cement block building houses the central female/male showers and washrooms as well as basic laundry facilities. It is about 1,100 sq ft. Pavilion The enclosed 1,200 sq ft pavilion is used for group picnics and gatherings. Vendors occupy this building during the Maple Syrup Festival. Picnic Shelter The open-sided picnic shelter has seating for approximately 75. Sugar Shack This older wooden structure is only used during the Maple Syrup Festival to demonstrate the production of maple syrup. Workshop The workshop is located at the top of the hill away from the camping areas. It is the original barn modified for use as a workshop and storage for much of the maintenance equipment. Wading Pool There is a small functioning splash pool suitable for young children. Vault Toilets There are seven vault toilet facilities throughout the campground. Playground Equipment Includes swings, slides etc.
Saugeen Bluffs Campground
Equipment and Tools The major pieces of equipment and tools used in the operation of the campground are: 1972 Massey Ferguson tractor and loader, diesel 1975 Ford tractor 5000, diesel 2008 Kubota mower, model Z26, diesel Kubota mower, model F2680 Woods mower attachment Dual auger snow blower Mastercraft table saw Craftsman radial saw Pressure washer Generator – new in 2014 Two utility trailers
Saugeen Bluffs Campground
Typical Staffing Level
Park Superintendent
Assistant Park Superintendent
Store and maintenance (student)
Security and maintenance (student)
Gatehouse and maintenance (3 students)
Tab GP 1 of 11
Unaudited
Tab GP. 2 of 11
Unaudited
Tab GP. 3 of 11
Unaudited
Tab GP. 4 of 11
Unaudited
Tab GP. 5 of 11
Unaudited
Tab GP. 6 of 11
Unaudited
____________________________________________________________________________
2014-2015 TRAILER STORAGE AGREEMENT
BRUCEDALE C.A. DURHAM C.A. SAUGEEN BLUFFS C.A.
In consideration of payment of the sum of $180.00 (including HST) by October 24th
, 2014, theSAUGEEN VALLEY CONSERVATION AUTHORITY hereby agrees to permit
(names)
, (mailing address) (town/city)
, to store his/her trailer, identified by (postal code) (phone #’s)
licence plate no. at Conservation Area, Site #
from October 14, 2014 to April 24, 2015 inclusive, subject to the following conditions:
1. The trailer shall be stored in a location designated by the Conservation Area Superintendent,who may at his discretion, move the trailer to another location at any time.
2. The owner has no right of use, residency or occupancy (no overnight use is permitted)during the storage period nor in any period when the Conservation Area is closed.
3. The owner agrees to save harmless the Authority from any liability whatsoever as a result ofany damage that may be caused to the trailer, its contents or any personal property duringthe storage period.
4. All accounts for those seasonal campers considering winter trailer storage on site must bepaid in full. Any units left on site that are not paid in full may be removed by the Authority atthe owner’s risk.
5. All trailers and sheds must be disconnected from hydro and water services for theagreement period.
I agree to the above conditions and I fully understand that the Conservation Area where my trailer and its contents are stored may not be staffed or regularly supervised during the agreement period.
Owner(s):
Date:
1078 Bruce Rd 12, P.O. Box 150, Formosa, ON, N0G 1W0 Tel: 519-367-3040 Fax: 519-367-3041 www.svca.on.ca
Tab GP. 7 of 11
2015 SEASONAL CAMPER CONTRACT
BRUCEDALE C.A. DURHAM C.A. SAUGEEN BLUFFS C.A.
Occupants of Site: Site #
Address: Town/City:
Postal Code: Telephone # (’s): Email:
Trailer Information:
Make: Model: Year: Plate No.
1. Receipt by the Saugeen Valley Conservation Authority of a minimum non refundable deposit of $150.00 by
October 24, 2014 will reserve the site for the 2015 camping season. Failure to indicate preference and submit
deposit by October 24, 2014 will result in the site being available to others on a first-come basis.
2. The 2015 season extends from April 25th to October 13th. The fee and payment schedule is as follows:
2015 Fee Deposit Due Balance Due
(tax included) by Oct. 24, 2014 by Apr. 17, 2015
Prime Serviced Site $2,190.00 $150.00 $2,040.00
Serviced Site $1,915.00 $150.00 $1,765.00
Unserviced Site $1,425.00 $150.00 $1,275.00
3. Campers who pay their account in full by March 20, 2015 are eligible to deduct $50.00 from their seasonal
rate. Late payment fee of $50.00 will be applied April 18, 2015 with a $25.00 per week penalty
thereafter.
4. Payment options for 2015 include CASH, VISA, MASTERCARD, INTERAC or MONEY ORDER.
Personal cheques will not be accepted. Please call or stop by the Administration Office at the above
address to make your payments.
5. Campsite permits are issued upon the following conditions:
If full payment and the signed contract have not been received by April 17, 2015, the Authority reserves the
right to cancel the permit on 15 days written notice and to disconnect hydro service to the campsite on the 16th
day. If the permit is cancelled, the Authority reserves the right to remove all property from the campsite,
including the main camping unit. The Authority shall charge to the owner its costs of moving and storing any
property left on a campsite where the permit has been cancelled. The daily storage rate is $10.00. Seasonal
vehicle stickers are to be affixed to driver’s side window for staff to see and will only be issued after
receipt of full payment of fees and a signed contract.
6. Payment of the seasonal fee commits the site for the season. There are no refunds for vacating the site prior to
the end of the season.
7. Rates are subject to adjustment as per approval of the Saugeen Valley Conservation Authority Board of
Directors.
I/we have read and understand the conditions contained in this 2 page contract and agree to comply with
same. All adult occupants of this camp site must sign this contract and campers should retain a copy of this
contract for their files.
Signature Date
Signature Date
“see other side”
1078 Bruce Rd 12, P.O. Box 150, Formosa, ON, N0G 1W0 Tel: 519-367-3040 Fax: 519-367-3041 www.svca.on.ca
Tab GP. 8 of 11
2015 SEASONAL CAMPING CONTRACT
1. Seasonal campsite permit holders are subject to all the rules and regulations which govern the use of theConservation Area. A copy of these regulations is available from the Authority Administrative Office, the ParkSuperintendent or on the SVCA website. Violation of these regulations or the seasonal camping regulations shallresult in the cancellation of your seasonal camping permit. In this contract the terms park and conservation areaare synonymous.
2. I agree that:a) No person shall occupy a campsite except under a permit issued by the Authority. (R.R.O. 1990, Reg. 133, s. 8
1(a)).b) The campsite permit allows one main camping unit (i.e. house/travel trailer, RV trailer, tent trailer or tent), one
additional tent and/or eating area (dining tent), one shed which must be approved by the Park Superintendent.c) Seasonal campers are allowed 2 vehicles on their campsite (subject to adequate space). All visitors shall park
their vehicles in a designated visitor parking area.d) All campground visitors shall pay regular entrance fees at the gatehouse or may purchase a season’s day pass.
Seasonal campers may also purchase a seasonal visitor pass from the gate staff.e) Campground visitors must leave the Conservation Area by 11:00 pm.f) No person shall cut, remove, injure or destroy a plant, tree, shrub, flower or other growing thing (R.R.O. 1990,
Reg. 133, s. 4 1(c)).g) The Saugeen Valley Conservation Authority reserves the right (in its absolute discretion) to evict, without
refund, any person(s) whose conduct or actions are detrimental to the operation of the campground and theenjoyment of the public.
h) No more than 50 feet of outside low wattage lighting is permitted and all outside lights must be turned offwhen you go to bed or leave the campground.
i) Quiet hours extend from 11:00 pm to 7:00 am and include radios. Staff may request radios to be turned off ifdisturbing other campers.
j) A maximum of six (6) persons permitted per campsite.
3. In an effort to improve and ensure a good appearance in the park, camping units older than 1998, will require theSuperintendent’s approval prior to set up as a seasonal trailer. Units currently on site may remain, however, if soldor removed, a replacement unit must meet the age restriction and/or a quality standard approved by thesuperintendent before it will be allowed on site. Buses or similar units converted to camping units will not beallowed as seasonal camping units.
4. Consumption of alcoholic beverages is permitted on campsites only, except during an Alcohol Ban when thepossession or consumption of alcohol is a “prohibited activity”.
5. All alterations to the campsite including fences, gardens, landscaping, sheds etc. must be approved in writing inadvance by the Superintendent. Structural additions such as decks or add-on’s will require a written submission andprior written approval of plans by the Superintendent. Roofs are prohibited over the main camping unit andcannot be fixed to the main camping unit.
6. Complete park services will be available from May 13th to Labour Day. From the last Saturday in April to May12th and from Labour Day to Thanksgiving Day, the conservation area will be open, but with reduced services andstaffing component.
7. All pet owners must ensure that their pet does not make excessive noise or disturb other campers and that they areon a leash at all times. Pets are prohibited in any of the washrooms, showers, beach, or pool areas. Pets must besecured by a leash not to exceed two metres in length as per R.R.O. 1990, Reg. 133 s. 10(3).
8. One exterior refrigerator is permitted per campsite, which must be in good working order and kept in an enclosedshed. An extra per season charge as approved by the Board of Directors will apply.
9. House/travel trailers or RV’s will be allowed to remain on site for the winter upon payment of a winter storage feeand signing of a trailer storage agreement. Which agreement must be signed and fee must be paid byOctober 23, 2015. If you are not wintering your unit, your camping unit must be removed from the site, the sitecleaned and garbage removed by October 13th, 2015.
10. When a trailer is being sold and is to remain on the campsite, the vendor must obtain written approval in advancefrom the superintendent to sell the trailer on site and to transfer the campsite to the new owner. Occupancy iscontingent upon the new owner receiving a fully paid permit. There shall be no “For Sale” signs at any campsites.Property for sale may only be displayed on designated bulletin boards.
11. Subletting your campsite for remuneration is not allowed. Any friends, relatives or family members not part of thecontract and staying overnight at your camp site must register at the gatehouse and pay the per person/night fee(over 12 years of age) for the duration of their stay.
12. To help control the spread of invasive insects and diseases, campers are required to not bring firewood to the park.Help us protect our forests. Buy local firewood supplied by SVCA. Burn it on site. Never bring it back home.
13. The Saugeen Valley Conservation Authority is not responsible for any loss or damage due to theft, fire, vandalism,weather event, tree damage or any other cause of any camping or personal equipment. It is the responsibility of theseasonal camper to ensure that their property is adequately insured at all times for property and liabilityinsurance.
Tab GP. 9 of 11
Conservation Authorities Act Loi sur les offices de protection de la nature
ONTARIO REGULATION 169/06 SAUGEEN VALLEY CONSERVATION AUTHORITY: REGULATION OF DEVELOPMENT,
INTERFERENCE WITH WETLANDS AND ALTERATIONS TO SHORELINES AND WATERCOURSES
Consolidation Period: From February 8, 2013 to the e-Laws currency date. Last amendment: O. Reg. 79/13.
This Regulation is made in English only. Definition
1. In this Regulation,“Authority” means the Saugeen Valley Conservation Authority. O. Reg. 169/06, s. 1. Development prohibited
2. (1) Subject to section 3, no person shall undertake development or permit another person to undertakedevelopment in or on the areas within the jurisdiction of the Authority that are,
(a) adjacent or close to the shoreline of the Great Lakes-St. Lawrence River System or to inland lakes that may be affected by flooding, erosion or dynamic beaches, including the area from the furthest offshore extent of the Authority’s boundary to the furthest landward extent of the aggregate of the following distances: (i) the 100 year flood level, plus an allowance of 15 metres for wave uprush and other water-related
hazards, (ii) the predicted long term stable slope projected from the existing stable toe of the slope or from the
predicted location of the toe of the slope as that location may have shifted as a result of shoreline erosion over a 100-year period,
(iii) where a dynamic beach is associated with the waterfront lands, an allowance of 30 metres inland to accommodate dynamic beach movement, or for the applicable area the appropriate allowance inland shown in the most recent document entitled “Assessment of Flood and Dynamic Beach Hazards Pilot Study, Town of Southampton” available at the head office of the Authority, and
(iv) an allowance of 15 metres inland, except where there is a dynamic beach; (b) river or stream valleys that have depressional features associated with a river or stream, whether or not they
contain a watercourse, the limits of which are determined in accordance with the following rules: (i) where the river or stream valley is apparent and has stable slopes, the valley extends from the stable top
of bank, plus 15 metres, to a similar point on the opposite side, (ii) where the river or stream valley is apparent and has unstable slopes, the valley extends from the
predicted long term stable slope projected from the existing stable slope or, if the toe of the slope is unstable, from the predicted location of the toe of the slope as a result of stream erosion over a projected 100-year period, plus 15 metres, to a similar point on the opposite side,
(iii) where the river or stream valley is not apparent, the valley extends the greater of, (A) the distance from a point outside the edge of the maximum extent of the flood plain under the
applicable flood event standard, plus 15 metres, to a similar point on the opposite side, and (B) the distance from the predicted meander belt of a watercourse, expanded as required to convey
the flood flows under the applicable flood event standard, plus 15 metres, to a similar point on the opposite side;
(c) hazardous lands; (d) wetlands; or
1
Tab HP. 1 of 5
(e) other areas where development could interfere with the hydrologic function of a wetland, including areas within 120 metres of all provincially significant wetlands and within 30 metres of all other wetlands. O. Reg. 169/06, s. 2 (1); O. Reg. 79/13, s. 1 (1, 2).
(2) All areas within the jurisdiction of the Authority that are described in subsection (1) are delineated as the “Regulation Limit” shown on a series of maps filed at the head office of the Authority under the map title “Ontario Regulation 97/04: Regulation for Development, Interference with Wetlands and Alterations to Shorelines and Watercourses”. O. Reg. 79/13, s. 1 (3). (3) If there is a conflict between the description of areas in subsection (1) and the areas as shown on the series of maps referred to in subsection (2), the description of areas in subsection (1) prevails. O. Reg. 79/13, s. 1 (3). Permission to develop
3. (1) The Authority may grant permission for development in or on the areas described in subsection 2 (1) if,in its opinion, the control of flooding, erosion, dynamic beaches, pollution or the conservation of land will not be affected by the development. O. Reg. 169/06, s. 3 (1). (2) The permission of the Authority shall be given in writing, with or without conditions. O. Reg. 169/06, s. 3 (2). (3) Subject to subsection (4), the Authority’s executive committee, or one or more employees of the Authority that have been designated by the Authority for the purposes of this section, may exercise the powers and duties of the Authority under subsections (1) and (2) with respect to the granting of permissions for development in or on the areas described in subsection 2 (1). O. Reg. 79/13, s. 2. (4) A designate under subsection (3) shall not grant a permission for development with a maximum period of validity of more than 24 months. O. Reg. 79/13, s. 2. Application for permission
4. A signed application for permission to undertake development shall be filed with the Authority and shallcontain the following information:
1. Four copies of a plan of the area showing the type and location of the proposed development.2. The proposed use of the buildings and structures following completion of the development.3. The start and completion dates of the development.4. The elevations of existing buildings, if any, and grades and the proposed elevations of buildings and grades
after the development.5. Drainage details before and after the development.6. A complete description of the type of fill proposed to be placed or dumped.7. Such other technical studies or plans as the Authority may request. O. Reg. 169/06, s. 4; O. Reg. 79/13, s. 3.
Alterations prohibited 5. Subject to section 6, no person shall straighten, change, divert or interfere in any way with the existing
channel of a river, creek, stream or watercourse or change or interfere in any way with a wetland. O. Reg. 169/06, s. 5. Permission to alter
6. (1) The Authority may grant permission to straighten, change, divert or interfere with the existing channelof a river, creek, stream or watercourse or to change or interfere with a wetland. O. Reg. 169/06, s. 6 (1); O. Reg. 79/13, s. 4 (1). (2) The permission of the Authority shall be given in writing, with or without conditions. O. Reg. 169/06, s. 6 (2). (3) Subject to subsection (4), the Authority’s executive committee, or one or more employees of the Authority that have been designated by the Authority for the purposes of this section, may exercise the powers and duties of the Authority under subsections (1) and (2) with respect to the granting of permissions for alteration. O. Reg. 79/13, s. 4 (2). (4) A designate under subsection (3) shall not grant a permission for alteration with a maximum period of validity of more than 24 months. O. Reg. 79/13, s. 4 (2).
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Application for permission 7. A signed application for permission to straighten, change, divert or interfere with the existing channel of a
river, creek, stream or watercourse or change or interfere with a wetland shall be filed with the Authority and shall contain the following information:
1. Four copies of a plan of the area showing plan view and cross-section details of the proposed alteration.2. A description of the methods to be used in carrying out the alteration.3. The start and completion dates of the alteration.4. A statement of the purpose of the alteration.5. Such other technical studies or plans as the Authority may request. O. Reg. 169/06, s. 7; O. Reg. 79/13, s. 5.
Cancellation of permission 8. (1) The Authority may cancel a permission granted under section 3 or 6 if it is of the opinion that the
conditions of the permission have not been met. O. Reg. 169/06, s. 8 (1); O. Reg. 79/13, s. 6 (1). (2) Before cancelling a permission, the Authority shall give a notice of intent to cancel to the holder of the permission indicating that the permission will be cancelled unless the holder shows cause at a hearing why the permission should not be cancelled. O. Reg. 169/06, s. 8 (2). (3) Following the giving of the notice under subsection (2), the Authority shall give the holder at least five days notice of the date of the hearing. O. Reg. 169/06, s. 8 (3); O. Reg. 79/13, s. 6 (2). Period of validity of permissions and extensions
9. (1) The maximum period, including an extension, for which a permission granted under section 3 or 6 maybe valid is,
(a) 24 months, in the case of a permission granted for projects other than projects described in clause (b); and (b) 60 months, in the case of a permission granted for,
(i) projects that, in the opinion of the Authority or its executive committee, cannot reasonably be completed within 24 months from the day the permission is granted, or
(ii) projects that require permits or approvals from other regulatory bodies that, in the opinion of the Authority or its executive committee, cannot reasonably be obtained within 24 months from the day permission is granted. O. Reg. 79/13, s. 7.
(2) The Authority or its executive committee may grant a permission for an initial period that is less than the applicable maximum period specified in subsection (1) if, in the opinion of the Authority or its executive committee, the project can be completed in a period that is less than the maximum period. O. Reg. 79/13, s. 7. (3) If the Authority or its executive committee grants a permission under subsection (2) for an initial period that is less than the applicable maximum period of validity specified in subsection (1), the Authority or its executive committee may grant an extension of the permission if,
(a) the holder of the permission submits a written application for an extension to the Authority at least 60 days before the expiry of the permission;
(b) no extension of the permission has previously been granted; and (c) the application sets out the reasons for which an extension is required and, in the opinion of the Authority or
its executive committee, demonstrates that circumstances beyond the control of the holder of the permission will prevent completion of the project before the expiry of the permission. O. Reg. 79/13, s. 7.
(4) When granting an extension of a permission under subsection (3), the Authority or its executive committee may grant the extension for the period of time requested by the holder in the application or for such period of time as the Authority or its executive committee deems appropriate, as long as the total period of validity of the permission does not exceed the applicable maximum period specified in subsection (1). O. Reg. 79/13, s. 7. (5) For the purposes of this section, the granting of an extension for a different period of time than the period of time requested does not constitute a refusal of an extension. O. Reg. 79/13, s. 7. (6) The Authority or its executive committee may refuse an extension of a permission if it is of the opinion that the requirements of subsection (3) have not been met. O. Reg. 79/13, s. 7. (7) Before refusing an extension of a permission, the Authority or its executive committee shall give notice of intent to refuse to the holder of the permission, indicating that the extension will be refused unless,
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(a) the holder requires a hearing, which may be before the Authority or its executive committee, as the Authority directs; and
(b) at the hearing, the holder satisfies the Authority, or the Authority’s executive committee, as the case may be, (i) that the requirements of clauses (3) (a) and (b) have been met, and
(ii) that circumstances beyond the control of the holder will prevent completion of the project before the expiry of the permission. O. Reg. 79/13, s. 7.
(8) If the holder of the permission requires a hearing under subsection (7), the Authority or its executive committee shall give the holder at least five days notice of the date of the hearing. O. Reg. 79/13, s. 7.
(9) After holding a hearing under subsection (7), the Authority or its executive committee shall, (a) refuse the extension; or (b) grant an extension for such period of time as it deems appropriate, as long as the total period of validity of
the permission does not exceed the applicable maximum period specified in subsection (1). O. Reg. 79/13, s. 7.
(10) Subject to subsection (11), one or more employees of the Authority that have been designated by the Authority for the purposes of this section may exercise the powers and duties of the Authority under subsections (2), (3) and (4), but not those under subsections (6), (7), (8) and (9). O. Reg. 79/13, s. 7. (11) A designate under subsection (10) shall not grant an extension of a permission for any period that would result in the permission having a period of validity greater than 24 months. O. Reg. 79/13, s. 7. Appointment of officers
10. The Authority may appoint officers to enforce this Regulation. O. Reg. 169/06, s. 10.Flood event standards
11. The applicable flood event standards used to determine the maximum susceptibility to flooding of lands orareas within the watersheds in the area of jurisdiction of the Authority are the Hurricane Hazel Flood Event Standard, the 100 Year Flood Event Standard and the 100 year flood level plus wave uprush, described in Schedule 1. O. Reg. 169/06, s. 11.
12. REVOKED: O. Reg. 79/13, s. 8.13. OMITTED (REVOKES OTHER REGULATIONS). O. Reg. 169/06, s. 13.
SCHEDULE 1
1. The Hurricane Hazel Flood Event Standard means a storm that produces over a 48-hour period,(a) in a drainage area of 25 square kilometres or less, rainfall that has the distribution set out in Table 1; or (b) in a drainage area of more than 25 square kilometres, rainfall such that the number of millimetres of rain
referred to in each case in Table 1 shall be modified by the percentage amount shown in Column 2 of Table 2 opposite the size of the drainage area set out opposite thereto in Column 1 of Table 2.
TABLE 1
73 millimetres of rain in the first 36 hours 6 millimetres of rain in the 37th hour 4 millimetres of rain in the 38th hour 6 millimetres of rain in the 39th hour 13 millimetres of rain in the 40th hour 17 millimetres of rain in the 41st hour 13 millimetres of rain in the 42nd hour 23 millimetres of rain in the 43rd hour 13 millimetres of rain in the 44th hour 13 millimetres of rain in the 45th hour 53 millimetres of rain in the 46th hour 38 millimetres of rain in the 47th hour 13 millimetres of rain in the 48th hour
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TABLE 2
Column 1 Column 2Drainage Area (square kilometres) Percentage26 to 45 both inclusive 99.246 to 65 both inclusive 98.266 to 90 both inclusive 97.191 to 115 both inclusive 96.3116 to 140 both inclusive 95.4141 to 165 both inclusive 94.8166 to 195 both inclusive 94.2196 to 220 both inclusive 93.5221 to 245 both inclusive 92.7246 to 270 both inclusive 92.0271 to 450 both inclusive 89.4451 to 575 both inclusive 86.7576 to 700 both inclusive 84.0701 to 850 both inclusive 82.4851 to 1000 both inclusive 80.81001 to 1200 both inclusive 79.31201 to 1500 both inclusive 76.61501 to 1700 both inclusive 74.41701 to 2000 both inclusive 73.32001 to 2200 both inclusive 71.72201 to 2500 both inclusive 70.22501 to 2700 both inclusive 69.02701 to 4500 both inclusive 64.44501 to 6000 both inclusive 61.46001 to 7000 both inclusive 58.97001 to 8000 both inclusive 57.4
2. The 100 Year Flood Event Standard means rainfall or snowmelt, or a combination of rainfall and snowmeltproducing at any location in a river, creek, stream or watercourse a peak flow that has a probability of occurrence of one per cent during any given year.
3. The 100 year flood level means the peak instantaneous still water level plus an allowance for wave uprush andother water-related hazards for Lake Huron in the Great Lakes-St. Lawrence River System that has a probability of occurrence of one per cent during any given year.
O. Reg. 169/06, Sched. 1.
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