The Corporation of the TOWN OF MILTON

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The Corporation of the TOWN OF MILTON Report to: From: Chair & Members of the Administration & Planning Standing Committee W.F. Mann, Director of Planning and Development Date: June 21, 2010 Report No. PD-035-10 Subject: Proposed Swimming Pool Fencing Enclosure By-law RECOMMENDATION: THAT Staff Report PD-035-10 be received; EXECUTIVE SUMMARY AND THAT the existing Swimming Pool Fence Enclosure By-law 80-2003, being a By-law to require owners of privately owned swimming pools to erect and maintain fencing and gates around such pools in The Town of Milton and amending By-laws 154-2003 and 58-2005 be repealed in their entirety and replaced with the By-law attached hereto as Appendix A to Report PD-035-10. AND THAT the Town Clerk be authorized to bring forth the appropriate by-law to Council for enactment The current Swimming Pool Fencing By-Law was enacted in May 2003. In its seven year tenure its intent to promote safety within the community has been satisfied. However, when writing a by-law it is difficult to anticipate all associated ramifications. As such, staff recently addressed a situation where there seemed to be no resolution without considerably modifying the current Swimming Pool Fencing By-law. Therefore, the purpose of this report is to present a new Swimming Pool Fencing By-law with the appropriate amended sections and other related minor housekeeping modifications.

The Corporation of the TOWN OF MILTON Report No. PD-035-10 Page No. 2 REPORT Discussion The purpose of this report is to present a revised Swimming Pool Fencing By-law to Council for enactment. The attached By-law: 1) repeals the current by-law and amendments in their entirety, 2) adds a new definition of Zoning By-law and 3) incorporates necessary housekeeping amendments. Housekeeping Amendments Staff has recently been confronted with a situation where the Zoning By-law, which is enabled under the Planning Act, and the Swimming Pool Fencing By-law which has its legislative authority under the Municipal Act, conflicted with respect to maximum permitted fence height requirements. More specifically, the Swimming Pool Fencing Bylaw regulates the maximum permitted height of a swimming pool related fence to be 2m. There is no legislated provision to vary from this specified maximum height. The 2m height in this by-law concurs with the maximum permitted fence height in a residential zone in the Zoning By-law. The issue therefore, is that under the Zoning By-law, a Committee of Adjustment variance may be obtained to permit a fence height higher than the specified maximum permitted fence height in Zoning By-law, thus bringing into question which by-law fence height takes precedence. Example - Residential property owner without a swimming pool applies for and receives a Committee of Adjustment variance to increase the height of a boundary fence to 2.13 m instead of the 2m required by the Zoning By-law. - At a later date the property owner decides to construct a swimming pool on their property the Swimming Pool Fencing By-law specifies a maximum of 2m; again, there is no legislated means of varying this requirement on a site specific basis. ie: Committee of Adjustment. - Issue Technically, in order to comply with the Swimming Pool Fencing By-law the owner would now be required to reduce the height of the fence for which they had previously received a formal approval through another legislated process. Staff did not contemplate this situation when writing the current Swimming Pool By-law. To this end, staff has amended various sections of the Swimming Pool Fencing By-law by deleting reference to the specified maximum fence height of 2m and replaced it with

The Corporation of the TOWN OF MILTON Report No. PD-035-10 Page No. 3 the maximum permitted fence height under the Zoning By-law. This will eliminate any further conflict between the two By-laws in any scenario. Additional Definition As a result of referencing the Municipal Zoning By-law in the Swimming Pool Fencing By-law, it is necessary to define the newly referenced legislation. Illustrations In an effort to provide a more clear and concise understanding of the pool fence enclosure criteria, pictorial illustrations currently included in the by-law have been improved. Reformatting As a result of adding a definition and repealing previous amending by-laws, it is necessary to reformat the numbering of sections within the By-law. Relationship to the Strategic Plan Enhance the customer service function to respond to the needs of the community. Financial Impact None Respectfully submitted, W. F. Mann, MCIP, RPP, OALA, RPF Director, Planning & Development If you have any questions on the content of this report: Terry Kay, (905) 878-7252, ext. 2320 Attachments: Appendix A Proposed Swimming Pool Fencing Enclosure By-law CAO Approval:

THE CORPORATION OF THE TOWN OF MILTON BY- LAW NO -2010 A BY-LAW TO REQUIRE THE OWNERS OF PRIVATELY OWNED SWIMMING POOLS TO ERECT AND MAINTAIN FENCES AND GATES AROUND SUCH SWIMMING POOLS AND TO REPEAL BY-LAW 80-2003, AS AMENDED. WHEREAS Section 11(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits municipalities to pass by-laws respecting structures, including fences; AND WHEREAS By-law 80-2003, as amended, being a by-law to require owners of privately owned swimming pools to erect and maintain fences and gates around such swimming pools was passed by Council on May 26, 2003; AND WHEREAS Council deems it necessary to repeal By-law 80-2003, as amended; NOW THEREFORE the Council of The Corporation of the Town of Milton hereby enacts as follows: SECTION 1. SHORT TITLE 1.1 This By-law shall be known as the Swimming Pool Fencing By-law. SECTION 2. DEFINITIONS 2.1 For the purpose of this By-law, 2.1.1 Chief Building Official means the Chief Building Official for the Town as appointed by the Council of the Town under the authority of the Building Code Act, 1992, S.O. 1992, c.23 as amended, or his or her designate. 2.1.2 guard means a protective barrier around raised walkways, deck or accessible exterior platform designed to prevent accidental falls from one level to another. 2.1.3 hydro-massage pool means those pools commonly referred to as a hot tub, whirlpool tub, jacuzzi or spa. 2.1.4 maintain means to keep a swimming pool enclosure in a condition that meets the requirements of this By-law and to preserve the condition of the swimming pool enclosure from failure or decline in order to ensure safety and strength. 2.1.5 Municipal Law Enforcement Officer shall mean a municipal law enforcement officer appointed by the Council of the Corporation of the Town of Milton. 2.1.6 owner means the registered owner of the land and includes a lessee, tenant, mortgagee in possession and the person in charge of the land, on which a swimming pool is located. Page 1 of 15 of By-law No - 2010.

2.1.7 permit means a permit issued by the Chief Building Official under this by-law certifying approval to construct a swimming pool enclosure. 2.1.8 person or any expression referring to a person, means an individual, sole proprietorship, partnership, limited partnership, trust, corporate body, and an individual in his or her capacity as a trustee, executor, administrator or other legal representative. 2.1.9 swimming pool enclosure means a fence, wall or other structure, including doors, gates or other enclosures, surrounding an outdoor swimming pool and restricting access thereto. 2.1.10 swimming pool means any privately-owned outdoor tank or body of water which is used and maintained for swimming or bathing purposes which has a maximum depth of greater than 600mm (24in.). It shall also include, but not be restricted to a privately-owned outdoor swimming pool on lands in connection with any type of multiple residential development, motel, hotel, private club or similar establishment, a privately-owned outdoor swimming pool used for display or commercial purposes and a hydro-message pool. It shall not include a swimming pool owned by a public or governmental body, agency or authority, a naturally occurring body of water or stream, or a body of water established by a person or persons and used for watering livestock, irrigation, silviculture or storm water management. 2.1.11 Town means The Corporation of the Town of Milton. 2.1.12 Zoning By-law means the Town of Milton Comprehensive Zoning By-law as may be amended from time to time. SECTION 3. SWIMMING POOL ENCLOSURE 3.1 Neither the granting of a permit nor the approval by the Chief Building Official of any application or any related information or plans shall in any way relieve the owner form carrying out the work to construct the swimming pool enclosure in accordance with the requirements of this by-law and the plans approved by the Chief Building Official as part of the issuance of the permit. 3.2 The owner of property shall erect and maintain around a swimming pool located on the property, a swimming pool enclosure constructed to the following specifications: 3.2.1. The owner may construct the swimming pool enclosure using chain link fencing and if this type of fencing is selected, it shall be constructed as follows: (a) Chain link fencing, with links not exceeding 38mm (1-1/2 in.). Such fencing shall extend from the ground a height of not less that 1.2m (4ft.) and not more than the maximum permitted fence height under the Zoning By-law; or Page 2 of 15 of By-law No - 2010.

(b) Chain link fencing, with links not exceeding 50mm (2 in.) provided such fencing extends from the ground for a height of not less than 1.8m (6ft.) and not more than the maximum permitted fence height under the Zoning By-law. (c) Where chain link fencing is used, it shall have a top rail securely fastened to the upright posts and a taut continuous tension wire securing the bottom of the fence. Diagram A for illustration purposes only. 3.2.2. The owner may construct a swimming pool enclosure using fencing of vertical board, picket or panel construction and if this type of fencing is selected, it shall be constructed as follows: (a) Fencing of vertical board, picket or panel construction, being at least 1.2m (4ft.) in height to a maximum permitted fence height under the Zoning By-law, and having the horizontal rail framing members LESS than 1.2m (4ft.) apart measured vertically from the top of the bottom horizontal rail to the top of the next closest horizontal rail, may have openings between the vertical board, picket or panel not exceeding 38mm (1 1/2 in.). Such board, picket or panel must be constructed on the outside face of the fence; Page 3 of 15 of By-law No - 2010.

Diagram B for illustration purposes only. ; or (b) Fencing of vertical board, picket or panel construction, being at least 1.2m (4ft.) in height to a maximum permitted fence height under the Zoning Bylaw, and having the horizontal rail framing members MORE than 1.2m (4ft.) apart measured vertically from the top of the bottom rail to the top of the next closest horizontal rail, may have openings between the board, picket or panel not exceeding 100mm (4in) on the outside and/or inside face of the fence. Diagram C for illustration purposes only. Page 4 of 15 of By-law No - 2010.

(c) Where vertical board, picket or panel fencing is used, the maximum spacing between a vertical board, picket or panel on the outside face of a gate or fence or part thereof having a diagonal member shall not exceed 38mm (1 1/2in). Where a diagonal member exists, vertical boards, pickets or panels must be placed on the outside of a gate or fence or part thereof. 3.2.3 The owner may construct a swimming pool enclosure using wrought iron or other like metal type fencing. If this type of fencing is selected, the wrought iron or other like metal type fencing shall extend from the ground for a height of not less than 1.5m (5ft.) and not more than the maximum permitted fence height under the Zoning By-law. Such fencing shall have the horizontal rails more than 1.2 (4ft.) apart measured vertically from the top of the bottom horizontal rail to the top of the next closest horizontal rail, and have an opening between the vertical members not exceeding 100mm (4in.). Diagram D for illustration purposes only. 3.2.4 The owner may construct the swimming pool enclosure using a stone or brick wall or one or more walls of a building, provided said wall is at least 1.2m (4ft.) in height and constructed in such a manner as not to have openings larger than 100mm (4in.) in diameter or similar ledge or relief which will permit climbing. If the wall of a building contains any opening which could provide a means of ingress directly into the swimming pool area, such opening is to be kept locked at all times when the swimming pool is not under competent supervision or otherwise not in use. Page 5 of 15 of By-law No - 2010.

3.2.5 Every gate in a swimming pool enclosure shall meet the construction detailed in section 3.2, be supported by substantial hinges and be equipped with self-closing and self-latching hardware placed at the top and on the inside of the gate. Every gate shall be kept closed and locked at all times when the swimming pool is not under competent supervision or otherwise not in use. Thumb-latch latching hardware does not constitute an approved self-latching device. 3.2.6 Where double gates are used in a swimming pool enclosure, both sections shall be supported by substantial hinges and one section shall be equipped with approved self-closing and self-latching hardware, having the selflatching hardware located on the top inside of the gate. The remaining section of the gate shall be equipped with a ground pin and lock to mechanically secure that section of the gate. 3.2.7 Basket weave and horizontal split rail fencing is prohibited and shall not be used in constructing a swimming pool enclosure. 3.2.8 The use of barbed wire, broken glass or use of electric current in conjunction with a swimming pool enclosure is prohibited. 3.2.9. There shall be no space greater than 100mm (4in.) between the bottom of a swimming pool enclosure and the finished grade. 3.2.10. For the purpose of this by-law where a subdivision agreement within the meaning of the Planning Act, R.S.O. 1990, c. P.13, as amended is registered on title against land upon which a swimming pool is located and said subdivision agreement includes specifications for the erection of swimming pool enclosures and, a swimming pool enclosure has been erected in accordance with the said specifications, then such enclosure shall be deemed to comply with the specifications for the type and height for swimming pool enclosures as set out in this by-law. 3.2.11. Hydro-massage pools need not comply with swimming pool enclosure regulations set out in section 3.2, provided that a cover is affixed to the hydro-massage pool by a locking mechanism, and is locked to prevent access when not in use. 3.3.1 Where a swimming pool deck or other accessible exterior platform is located a distance greater than 1.8m (5ft.11in.) above grade, a guard shall be provided and maintained around the outer edge of the deck or platform having a height of at least 1070mm (3ft. 6in.) above such deck or platform. 3.3.2 Where a swimming pool deck or other accessible exterior platform is located a distance not more than 1.8m (5ft.11in.) above grade, a guard shall be provided and maintained around the outer edge of the deck or platform having a height of at least 900mm (2ft.11in.) above such deck or platform. Page 6 of 15 of By-law No - 2010.

3.3.3 Where a swimming pool deck or accessible exterior platform is located 600mm (2 ft.) or less above grade, no guard is required. 3.3.4 There shall be no opening greater than 100mm (4in.) between the vertical members of a guard around the outer edge of a deck or ramp. 3.4 The owner of any land upon which a swimming pool is located shall keep such swimming pool covered except during seasons when the pool is actually in use. Said pool cover shall be of durable material and construction and shall be secured in place. 3.5 The owner of a property upon which a swimming pool is located shall maintain the associated swimming pool enclosure in good repair, in a structurally sound condition so as to prevent an unsafe condition, and in satisfaction of the requirements of section 3 of this by-law. SECTION 4 PLACEMENT OF WATER IN SWIMMING POOL 4.1 No owner or any person shall place water in or allow water to remain in any swimming pool until such time as the swimming pool enclosure has been installed in accordance with the requirements of this by-law, and inspected and approved by the Chief Building Official or a Municipal Law Enforcement Officer. 4.2 Temporary fencing around a swimming pool, as approved by the Chief Building Official or a Municipal Law Enforcement Officer, shall be erected and maintained during and until construction of the swimming pool and associated landscaping has been completed, at which time a permanent, approved swimming pool enclosure shall be erected around the swimming pool in accordance with this bylaw. Nothing in section 4.2, is intended to prevent an owner from obtaining a permit and constructing the permanent swimming pool enclosure in accordance with this by-law, prior to the completion of the swimming pool and associated landscaping. SECTION 5. ADMINISTRATION AND ENFORCEMENT 5.1 The Chief Building Official is responsible for the administration and enforcement of this by-law. SECTION 6. PERMIT 6.1 No person shall excavate for, erect or install any swimming pool and associated swimming pool enclosure without a permit having first been issued by the Chief Building Official under this by-law. 6.2 Application 6.2.1 An owner, or his or her agent, wishing to construct or erect a swimming pool, shall apply to the Chief Building Official for a permit to construct the Page 7 of 15 of By-law No - 2010.

required swimming pool enclosure around the proposed swimming pool. Plans for the swimming pool enclosure shall be submitted with an application to the Chief Building Official, and no permit shall be issued unless the swimming pool enclosure shown on such plans complies with the provisions of this by-law. 6.2.2 No permit shall issue unless the location of the swimming pool is in compliance with the applicable provisions of the Town s Zoning By-law and the swimming pool and swimming pool enclosure are in compliance with any relevant agreements with the Town affecting the subject property, and all other applicable legislation, and that any necessary approvals have been obtained from other public agencies or governmental authorities having jurisdiction. 6.2.3 A permit with respect to property in a subdivision not yet assumed by the Town, will not be issued until the owner obtains a clearance letter from the developer of the subdivision stating that the developer is in agreement with the proposed works including any alteration of the grade made necessary by the construction of the swimming pool or swimming pool enclosure. 6.2.4 Where the installation of a swimming pool or a swimming pool enclosure is to occur on lands, other than lands located in a subdivision which has not been assumed by the Town, and involves works such as the alteration of the grade of the property or the construction of a retaining wall, the owner may also require a Site Alteration permit under the Town s Top Soil Preservation and Site Alteration By-law, as amended from time to time, in addition to a permit under this by-law. 6.3 Notice to Change 6.3.1 No person shall install or erect any swimming pool enclosure, except in accordance with the application, information, plans and specifications approved by the Chief Building Official and upon which the permit was issued, without notifying the Chief Building Official and filing details of such proposed change with him or her and obtaining the Chief Building Official s authorization for such changes. 6.4 Revocation of Permit 6.4.1 The Chief Building Official may revoke a permit where, it was issued on mistaken or false information and shall provide written notice to the permit holder of the revocation. 6.5 Permit Expiry and Renewal 6.5.1 A permit issued pursuant to this By-law shall be valid for a period of six (6) months from date of issue and shall remain valid so long as the work Page 8 of 15 of By-law No - 2010.

covered by the permit is substantially completed before the expiry of the six (6) month period. 6.5.2 Notwithstanding section 6.5.1 of this by-law, a permit may be renewed once for a further six (6) month period upon submitting a written request for renewal to the Chief Building Official before the expiry of the initial six (6) month period. The swimming pool enclosure which is the subject of the permit shall be substantially completed within the additional six month renewal period or the permit shall thereafter lapse, and no further renewal shall be permitted. 6.5.3 If a permit lapses, and the owner wishes to proceed with the construction or use of the swimming pool, the owner or his or her agent shall make a new application for a permit under this by-law. 6.6 Transfer of Permit 6.7 Permit Fees 6.6.1 A permit is transferable only upon the completion of a permit application form by the new owner or his/her agent and the transfer is subject to approval by the Chief Building Official. 6.7.1. An applicant for a permit shall pay to the Town the application fee prescribed for such applications as specified in the Town s Corporate Rates, Fees and Charges By-law, as amended from time to time. 6.7.2. Where a request for a refund of permit fees is made, the Chief Building Official shall retain fifty percent (50%) of the fee where the permit has not yet been issued and refund the balance of the fee to the applicant. Once the permit has been issued, no refund of the fee shall be permitted. SECTION 7 ENFORCEMENT 7.1 The Chief Building Official or a Municipal Law Enforcement Officer may; 7.1.1 enter upon land at any reasonable time for the purpose of administering or enforcing this by-law; 7.1.2 cause a written Notice to be delivered to the owner or any other person believed to be in contravention of this by-law, directing that person to correct any condition that constitutes a contravention of this by-law. Where such Notice is delivered it shall specify the nature of the contravention and shall require the condition to be corrected forthwith or within such time as specified; and/or 7.1.3 order the owner or any other person to stop work on the excavation or installation of a swimming pool or swimming pool enclosure, Page 9 of 15 of By-law No - 2010.

and/or direct or require the owner to take any remedial action necessary including requiring the owner to drain the swimming pool, if the Notice delivered under subsection 7.1.2 above is not complied with as directed. 7.2 Where the owner fails to comply with the Notice under sections 7.1.2 or 7.1.3, the Chief Building Official may cause remedial action to be undertaken at the owner s expense, including the draining of the swimming pool or construction of the swimming pool enclosure, and the Town may recover the expense incurred in so doing by action or by adding the costs to the tax roll and collecting them in the same manner as municipal taxes. In such event, the Town or its agents may enter upon the owner s lands to complete such remedial works. SECTION 8 PENALTY 8.1 Any person who contravenes a provision of this by-law is guilty of an offence and on conviction is liable to a fine as provided in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. 8.2 Where an offence under this By-law is a continuing offence, charges may be laid for each day during which the offence continues. SECTION 9 SEVERABILITY 9.1 Should any section, clause or provision of this By-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or any part thereof, other than the part which was declared to be invalid. SECTION 10 LIABILITY 10.1 An Owner of a swimming pool and associated swimming pool enclosure shall be responsible for the upkeep and maintenance of the swimming pool enclosure and for ensuring compliance with the requirements of this by-law. SECTION 11 NOTICE 11.1 Any notice required to be given under this by-law is sufficiently given if delivered personally or sent by registered mail to the owner at the address provided on the application submitted under this by-law. 11.2 Where service is effected by registered mail, it shall be deemed to be made on the fifth (5) day after the date of mailing. SECTION 12 EXEMPTIONS 12.1 Notwithstanding the provisions of this by-law, the properties described on Schedule A to this by-law that were exempted from the provisions of the Town s By-law 25-93, as amended, shall be deemed to comply with this by-law until such time as the swimming Page 10 of 15 of By-law No - 2010.

pool on such exempted property is replaced, demolished, removed, or relocated on the property. 12.2 Properties noted in Schedule A to this by-law that were exempted from the swimming pool enclosure provisions of the Town s By-law 25-93, as amended, may have the exemption revoked if there is any deviation from any condition previously imposed by the Town in allowing the swimming pool enclosure exemption. 12.3 The owner of a property described in Schedule A of this by-law shall notify the Chief Building Official in writing of their intention to demolish, remove, replace or relocate a swimming pool located on the property prior to replacing, demolishing, removing or relocating the swimming pool. 12.4 The owner of a property described in Schedule A of this by-law shall, upon replacement, demolition, removal or relocation of an existing swimming pool, comply with all requirements of this by-law. SECTION 13 REPEAL 13.1 By-law 80-2003 and amending by-laws 154-2003; and 58-2005 are hereby repealed in their entirety. READ A FIRST, SECOND and THIRD TIME AND FINALLY PASSED this day of, 2010 Mayor Gordon A. Krantz Town Clerk Troy McHarg Page 11 of 15 of By-law No - 2010.

SCHEDULE A TO BY-LAW NO. - 2010 1. 6401 Sixth Line Part of Lots 7 and 8, Concession7, former Township of Trafalgar, now in the Town of Milton, Region of Halton Assessment Roll No. 990-05401-0000. (Amending By-law 57-93) 2. 7070 Bell School Line Part of Lot 11, Concession 6, former Township of Nelson, now in the Town of Milton, Region of Halton Assessment Roll No. 702-05900-0000; subject to a fence being constructed, satisfactory to the Town, along the north property line from the shed to the corner of the property. (Amending By-law 57-93) 3. Part of the northeast half of Lot 15, Concession 4, former Township of Nassagaweya, now in the Town of Milton, Region of Halton - west side of the Fourth Line, south of No. 15 Side Road Assessment Roll No. 301-44300-0000; subject to a minimum side yard of 120 feet. (Amending By-law 57-93) 4. 2331 No. 20 Side Road Southeast half of Lot 21, Concession 2, former Township of Nassagaweya, now in the Town of Milton, Region of Halton Assessment Roll No. 302-46400-0000. (Amending By-law 57-93) 5. Lot 30, Concession 2, former Township of Nassagaweya, now in the Town of Milton, Region of Halton east side of First Line, just south of No. 30 Side Road Assessment Roll No. 302-27800-0000. (Amending By-law 57-93) 6. 3143 No. 25 Side Road Lot 25, Concession 4, former Township of Nassagaweya, now in the Town of Milton, Region of Halton Assessment Roll No. 301-09900-0000; subject to a minimum side yard of 90 feet. (Amending By-law 76-93) 7. 8424 Guelph Line, R.R. #2, Campbellville Lot 3, Concession 3, former Township of Nassagaweya, now in the Town of Milton, Region of Halton Assessment Roll No. 302-09900-0000; subject to a minimum acreage of 4 acres and minimum side yard of 80 feet. (Amending By-law 36-94) 8. 2525 Sixth Line, R.R. #1 Acton Lost 24, Concession 7, former Township of Nassagaweya, now in the Town of Milton, Region of Halton Assessment Roll No. 301-11600-0000; subject to a minimum side yard of 90 feet. (Amending By-law 68-94) 9. 4295 20 th Side Road, R.R. # 2, Rockwood, Ontario - Part of Lot 21, Concession 5, former Township of Nassagaweya, now in the Town of Milton, Region of Halton Assessment Roll No. 301-68400-0000. (Amending By-law 85-94) Page 12 of 15 of By-law No - 2010.

10. 8547 First Line, Campbellville, Ontario Part of Lot 4, Concession 1, former Township of Nassagaweya, now in the Town of Halton, Region of Halton Assessment Roll No. 302-22700-0000. (Amending By-law 63-95) 11. 7501 Appleby Line, R.R. #6, Milton, Ontario Part of Lot 14, Concession 6, former Township of Nassagaweya, now in the Town of Milton, Region of Halton Assessment Roll No. 702-02600-0000; Subject to a minimum side yard of 100 feet. (Amending Bylaw 28-96) 12. 8460 MacArthur Drive, R.R. #2, Campbellville, Ontario Lot 11, Plan M-131, former Township of Nassagaweya, now in the Town of Milton, Region of Halton Assessment Roll No. 301-88000-0000. (Amending By-law 28-96) 13. 2163 No. 3 Sideroad, R.R.2, Campbellville, Ontario Part of Lot 4, Concession 2, former Township of Nassagaweya, now in the Town of Milton, Region of Halton Assessment Roll No. 302-56810-0000; Subject to a minimum acreage of 4.85 and minimum side yard of 14 feet. (Amending By-law 59-96) 14. 12700 Fifth Line, R.R. #2, Rockwood, Ontario Part of Lot 25, Concession 5, former Township of Nassagaweya, now in the Town of Milton, Region of Halton Assessment Roll No. 301-26700-0000; subject to a minimum side yard of 130 feet. (Amending Bylaw 69-96) 15. 10115 Guelph Line, Campbellville, Ontario Part of Lot 11, Concession 4, former Township of Nassagaweya, now in the Town of Milton, Region of Halton Assessment Roll No. 301-53300-0000. (Amending By-law 96-96) 16. 14207 Fifth Line, R.R. #2, Rockwood, Ontario Part Lot 31, Concession 6, former Township of Nassagaweya, now in the Town of Milton, Region of Halton Assessment Roll No. 301-25200-0000. (Amending By-law 57-98) 17. 3165 No. 3 Sideroad, Campbellville, Ontario Part Lot 4, Concession 4, former Township of Nassagaweya, now in the Town of Milton, Region of Halton Assessment Roll No. 301-82500-0000. (Amending By-law 63-98) 18. 5703 Tremaine Road, Town of Milton, Ontario, Region of Halton Part Lot 5, Concession 1, N.S. Assessment Roll No. 960-10401-0000. (Amending By-law 65-98) 19. 2130 Steeles Avenue, Town of Milton, Ontario, Region of Halton Part Lot 15, Concession 2 Assessment Roll No. 701-13750-0000. (Amending By-law 102-98) 20. 10416 Sixth Line, Town of Milton, Ontario, Region of Halton Part Lot 13, Concession 6 Assessment Roll No. 301-16900-0000. (Amending By-law 117-99) 21. 7640 Bell School Line, Town of Milton, Ontario, Region of Halton Part Lot 14, Concession 6, N.S. Assessment Roll No. 702-07310-0000. (Amending By-law 117-99) Page 13 of 15 of By-law No - 2010.

22. 7226 McNiven Road, Town of Milton, Region of Halton Part Lot 12, Concession 1, N.S. Assessment Roll No. 701-09900-0000. (Amending By-law 117-99) 23. 7513 Tremaine Road, R.R. 6, Town of Milton, Region of Halton Part Lot 14, Concession 1, N.S. Assessment Roll No. 910-08200-0000. (Amending By-law 117-99) 24. 10457 Nassagaweya-Puslinch Townline, Town of Milton, Ontario Part Lot 13, Concession 1 Assessment Roll No. 302-43010-0000. (Amending By-law 117-99) 25. 11276 Amos Drive, Campbellville, Ontario, Region of Halton Lot 13, Plan M-180, Town of Milton Assessment Roll No. 302-61500-0000. (Amending By-law 117-99) 26. 4176 25 Sideroad, Part Lot 25, Concession 5, Town of Milton, Region of Halton R.R. 2, Rockwood, Ontario Assessment Roll No. 301-67700-0000. (Amending By-law 67-2000) 27. 8300 Twiss Road, Part Lot 2, Concession 2, Town of Milton, Region of Halton Assessment Roll No. 302-20800-0000. (Amending By-law 67-2000) 28. 5051 Tremaine Road, Part Lot 1, Concession 1, Town of Milton, Region of Halton Assessment Roll No. 960-09300-0000. (Amending By-law 67-2000) 29. 1289 First Line, Part Lot 21, Concession 1, Town of Milton, Region of Halton R.R. 1 Moffat, Ontario Assessment Roll No. 302-47312-0000. (Amending By-law 67-2000) 30. 5175 Derry Road, Part Lot 11, Concession 6, Town of Milton, Region of Halton - Assessment Roll No. 302-16800-0000. (Amending By-law 67-2000) 31. 4261 Ennisclare Drive, Rockwood, Lot 9, Registered Plan 20M-506, Town of Milton, Region of Halton, Assessment Roll No. 301-37035-0000. (Amending By-law 113-2001) 32. 11175 Second Line, Campbellville, Part Lot 17, Concession 3, Town of Milton, Region of Halton Assessment Roll No. 030002136000000 (Amending By-law 149-2002) 33. 1075 17 th Side Road, Moffat, Part Lot 18, Concession 1, Town of Milton, Region of Halton Assessment Roll No. 03000243500000. (Amending By-law 45-2003) 34. 12373 First Line, Part Lot 23, Concession 2, Town of Milton, Region of Halton Assessment Roll No. 030002270000020 (Amending By-law 80-2003) (Ewing) (By-law 154-2003) Page 14 of 15 of By-law No - 2010.

Page 15 of 15 of By-law No - 2010.