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‘Conditions of approval’ proposed by Town of Mono in case of approval

September 1, 2016   ·   0 Comments

Following is the text of the draft proposal by counsel for the Town of Mono for use in the event the Niagara Escarpment Commission decides to permit any water-skiing competitions at the lake near Mono Mills situated in a worked-out gravel pit accessible only from Airport Road:

1. Non-fulfilment or breach of any one of the conditions shall render the Development Permit void.

2. A site inspection(s) to the property may be undertaken by the Niagara Escarpment Commission to ensure that the development complies with the conditions of the Development Permit. Persons may accompany the Commission representative on the site inspection(s) who possess expert or special knowledge related to the conditions of the Development Permit.

3. No municipal building permit or other licence, certificate, permit or other similar permission relating to development shall be issued or be considered to be in force unless a Development Permit is in effect.

4. The Development Permit shall expire three years from its date of issuance unless the development has been completed in accordance with the Development Permit.

5. Development shall take place only in accordance with the revised site plan filed as Exhibit No. __ (except where and the special conditions which are to apply as noted below). The revised site plan limits parking to 40 vehicles.

6. No grading of the existing contours of the lot in the area of the development is permitted, with the exception of that which is required for the construction of the deck, storage container, temporary special event tent, floating dock and portable sanitary facilities, which shall be located as shown on the revised site plan filed as Exhibit No. ___.

7. No trees other than dead or diseased trees shall be cut or removed in the area of the development.

8. All exposed areas resulting from construction shall be stabilized with suitable ground cover (e.g. mulch, seed) immediately upon completion of the construction.

9. The use of the lake for water skiing events shall be limited to four (4) days per year during the hours of 0900 to 1900. Participants, competitors, officials, spectators, guests and anyone else shall not be permitted on the property before 0830 on the day of any waterskiing event and shall leave the property by 1930 on the day of any waterskiing event, save and except for the applicant and its guests (being a maximum of 8 persons).

10. Prior to the water skiing events the applicant shall obtain a Special Event Permit from the Town of Mono as required by Town Council.

11. Prior to the water skiing events, the applicant shall obtain all necessary approvals from the County Building Department and the Orangeville Fire Department.

12. Notwithstanding Condition 4, this Development Permit for the water skiing events shall be in force for a period of three (3) years after which time the applicant may re-apply for a Development Permit to allow further water skiing competitions.

13. The applicant shall provide an annual report to the Niagara Escarpment Commission by December 31 of each year the permit is in force, listing the number of participants and spectators and outlining any issues including noise or traffic complaints arising from the competition.

A copy of the report shall be provided to the Town of Mono which shall be posted on the Town’s website. Should issues arise, the applicant shall address such issues to the satisfaction and approval of the Niagara Escarpment Commission, failing which this development permit shall be null and void.

14. Only one competition waterski boat and one back-up/emergency boat will operate during a water skiing events. Any change to the type of boat or the type of motor being used subsequent to the fulfillment of condition 24, shall require the refulfillment of condition 24.

Notes: The water skiing events are subject to the applicable Town of Mono noise by-law. Condition 24 does not preclude charges being laid under the Town of Mono Noise By-law in place at the time of the event, nor does the foregoing condition preclude the Town of Mono amending its Noise By-law from time to time, with the resultant effect that the applicant shall at all times be required to comply with the Town of Mono Noise By-law in place at the time of the applicable waterski event.

Any advertising sign would be subject to the County of Dufferin Advertising Sign policy, and if placed within the County road allowance and a road occupancy permit would be required.

This Development Permit does not limit the need for or the requirements of any other approval, license or certificate under any statute, e.g. Ontario Building Code, Conservation Authorities Act or Endangered Species Act.

Additional Conditions to Be Considered

15. The development permit applies to permit the seasonal holding of waterskiing events by the applicant from May 1st to October 31st annually. The number of waterskiing events shall be limited to a maximum of four (4) one (1) day events each year. A waterskiing event is defined as a competition, including any practice, and is limited to a daily maximum of forty (40) persons, including participants, competitors, officials, spectators, guests and anyone else (“the attendees”), attending on the property during the waterskiing event.

16. No retailing of goods and services, including the retailing of food and beverage including liquor, shall be permitted as part of the waterskiing event.

17. Overnight accommodation, including camping on the property (either the night before or night after) for the attendees to the waterskiing event(s) is prohibited, save and except for that limited amount provided in the camping trailer for the applicant and its guests, being a maximum of 8 persons.

18. All washroom facilities are to be temporary uses required to service the waterskiing event(s) during the May 1st to October 31st season and shall be removed during the non-season. The provision of temporary washroom facilities is to be to the satisfaction of and shall comply with all requirements of the Town of Mono, the County Building Department and the requirements of the Wellington-Dufferin Health Unit.

19. No fuel storage shall be permitted on the property and any refueling of the boats for any waterskiing purposes, including waterskiing events, shall be undertaken off property (at a gas station).

20. No servicing facilities such as wells or septic systems shall be permitted without a further development permit application.

21. All parking shall be confined to parking areas as shown on the revised site plan. The applicant shall post signage to direct participants and guests away from environmentally sensitive areas.

22. All waterskiing event(s) shall at a minimum comply with the Town of Mono Noise By-law in place at the time of the holding of the event(s).

23. The use of amplification and sound equipment shall not be permitted as part of the holding of any waterski event.

24. The applicant shall retain a qualified acoustic engineer to carry out a noise study, including carrying out measurements of actual offsite noise levels, during the holding of the first waterski event. The engineer shall prepare a report to the satisfaction of the Town of Mono and advise if the event has met the Town of Mono Noise By-law in place at the time of holding the event, and has also met NPC 300, the Ministry of Environment and Climate Change guidelines. If the report advises that there have been exceedances then the engineer shall make recommendations for mitigation, and such mitigation, including obtaining any approvals that may be required to modify the revised site plan, shall be in place prior to the hosting of the second waterski event. The engineer shall then prepare a follow up report to confirm that the event is meeting the requirements above. If the follow up report continues to show exceedances, then no further events shall occur without studies being provided and approvals given to the satisfaction of the Town of Mono and Niagara Escarpment Commission to demonstrate that the noise issues have been addressed and resolved. If the report carried out for the first waterski event is not for maximum capacity, i.e. 40 attendees with full competition including both boats in the water, then a supplementary report shall be required when an event is at maximum capacity.

25. Prior to any water skiing events the applicant shall satisfy the Town of Mono that the following matters have been addressed: (a) insurance of a minimum of $5,000,000 is in place to the satisfaction of the Town Treasurer and Town Solicitor; (b) that arrangements have been made for a non competitor EMS person with certification in first aid and CPR to be on site; (c) emergency first responders are available; and, (d) that all public health issues have been addressed to the satisfaction of the Town of Mono. In order to facilitate this process, the applicant shall annually provide to the Town of Mono the schedule of the waterski events on or before March 31st of each calendar year, together with the necessary documentation, and shall not hold any waterskiing event in the season until the Town of Mono advises that it is satisfied that this condition has been met and that condition no. 10 has also been met.

26. Prior to any water skiing events, the applicant shall obtain all necessary approvals from the County Building Department and complete all building permit matters to the satisfaction of the County Building Department and shall make arrangements and comply with all requirements of the Orangeville Fire Department, and shall also consult with the Caledon Fire Department, in order for emergency first responders to be available.

27. The applicant shall annually provide to its neighbours the schedule of waterski events on or before March 31st of each calendar year and shall consult with its neighbours taking into account any concerns they may have regarding the scheduling. In order to minimize traffic congestion, no waterskiing events may be held on long weekends, being Victoria Day, Canada Day, Civic (Simcoe) Day, Labour Day or Thanksgiving long weekends.

28. The applicant shall establish a complaint response protocol, including providing a contact phone No., which protocol shall be to the satisfaction of the Niagara Escarpment Commission.

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