Body: Council Type: By-law Meeting: Regular Date: 2011 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2011 By-laws/2011-17 - Site Plan Agreement-Scott Asselstine.pdf)
Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2011-17
BEING A BY-LAW TO AUTHOmZE THE MAYOR AND THE CLERK TO EXECUTE A REVISED SITE PLAN AGREEMENT BETWEEN THE
CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC AND SCOTT ASSELSTINE.
WHEREAS a revised Site Plan Agreement has been prepared to the satisfaction of the Township of South Frontenac and signed by the proponent;
NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS:
- THAT the Mayor and the Clerk are hereby authorized to execute a revised Site
Plan Agreement between the Corporation of the Township of South Frontenac and Scott Asselstine, a copy of which is attached hereto and forms part of this by-law. 2. THAT this By-law and Agreement shall be registered on title of the property described as Part Lot 6, Concession VII, Portland District, Township of South Frontenac.
THIS BY-LAW shall come into force and effect in accordance with section 41 of
the Planning Act 1990, either upon the date of passage or as otherwise provided by the said section 41.
Dated at the Township of South Frontenac this fifteenth day of March, 2011. Read a first and second time this fifteenth day of March, 2011.
Read a third time aud finally passed this fifteeuth day of March, 2011. THE CORPORATION OF THE TOWNSHIP
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,^_ Gsfr^ Davison, Mayor
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THIS SITE PLAN AGREEMENT made this 18th day of March, 2011. BETWEEN:
SCOTT ASSELSTINE hereinafter called the “Owner” OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
hereinafter called the “Municipality” OF THE SECOND PART
WHEREAS the Owner is the registered owner in fee simple of certain lands
described in Schedule “A”, attached hereto, located in the Township of South Frontenac (the “Owners’ Land”);
AND WHEREAS the Municipality is authorized to enter into this agreement and
register it against the title to the Lands pursuant to section 41 of the Planning Act and section 6.17 of the Township of South Frontenac Official Plan;
AND WHEREAS the Municipality has passed by-law No. 2003-75 to designate all of the Township of South Frontenac as a “Site Plan Control Area”; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of
the mutual covenants and agreements contained herein, the parties agree each with the other as follows:
In this Agreement: a)
it
Owner" includes a mortgages in possession, a tenant in possession pursuant to
a leasehold interest, and encumbancer in possession and may mean more than one Owner specified in the Certificate of ownership.
The Owner covenants that the Owner is the Owner in fee simple of the Owner’s land. 2.
The obligations imposed by this Agreement affect the land described in Schedule “A” hereto and any restrictive covenants expressed herein run with the land and
bind successors in title to the said property as well as the successors and assigns of the Owner.
- The encumbrancer agrees to satisfy all the obligations imposed pursuant to this document if it should enter into possession of the said land.
The following schedules are attached to and form part of this agreement and no
new building, structure or other facility shall be erected, altered or placed on the said land except in accordance with the attached schedules which consist of: A. Legal Description of Lands B.
Site Plan
C. Specification of Mini Storage Industrial Building
5.
^en?i^^^ll^^,?^^^^!^??^eallthe.materi?ls,necessaryfor
the construction of the new facilities or the bemiing, fencing and plantings as specified on the Site Plan, noted on Schedule “B” to this Agreement.
- In addition to the existing 1,971 ft.2, four bay car wash building, cistem and oil
separator tanks, distribution chambers and mantle area as shown on Schedule “B”
5
the Owner shall construct a 2,600 ft.2 industrial mini storage building and
manoeuvring area located as shown on Schedule “B” and as further specified on
Schedule “C” As an alternative to the consb-uction of the mini storage building,
the Owner shall carry out the placement of a grassed and treed bean identified as
“ITEMA”_on Schedule “B”; a vegetative buffer and six foot high fence identified
as" ITEM B" on Schedule “B”; and a vegetative buffer identified as “ITEM C” on Schedule “B”. Either the mini storage building or ITEMS A, B and C shall be
completed by October 31, 2011. It the work is not competed by October 31,2011 then the Township will contract to carry out the work of the placement of ITEMS A, B and C at the owner’s expense.
- Site development shall include access and manoeuvring areas and vehicle vacuum facilities as shown and signage is to be attached only to the west-facing sides of the buildings. Lighting is to be placed on the buildings as indicated on “Schedule B55
The car wash operation shall continue to be maintained according to the report dated April 12, 2006 prepared by Lissom Earth Sciences.
Vehicle vacuums shall be placed as shown on Schedule “B” and may be lit.
The access onto Road #38 is to be constructed to Township specifications and the required access and manoeuvring areas shown on Schedule “B” may be paved with asphalt.
The Owner shall prevent damage being caused to existing public highways, other public works or municipal property in the course of development of the lands.
In the event of a sale of the improved lands, the new Owner will assume full and
complete responsibility for the continuing obligations under this Agreement. The enforcement of this Agreement is the responsibility of the Municipality. 13. The Agreement shall be registered against the title of the Lands and the
Municipality shall be entitled to enforce its provisions against the Owner and any and all subsequent owners of the Lands. 14. In the event that the Owner fails to install or maintain the facilities or items
covered by this Agreement, then, upon the Chief Building Official or designate giving seven days written notice by pre-paid registered mail to the Owners, the municipality, through it’s employees, agents or contractors, may, without further notice, enter upon the lands and proceed to supply all materials and to do all the necessary inspections and works in connection with the facilities including the repair or reconstruction of faulty work and the replacement of materials which are
not In accordance with plans or specifications and to charge the cost thereof, together with the cost of engineering and any other expenses incurred by the municipality, against the Owner. Such entry and work shall not be deemed as
acceptance or assumption of said facilities nor an assumption by the Municipality of any liability. It is expressly agreed that the Owners or any person in possession shall not question the cost incurred by the Municipality for labour, materials or
any other costs incidental to do the said work and this provision shall be deemed to operate as an effective estoppel in judicial proceedings if such costs are
challenged or placed m question. The Owners agree to permit the Chief Building Official, or agent, to enter onto the Lands at any time to inspect the work. The
Municipality may perform any of the required services and collect the cost for the
enforcement of this Agreement against the said Lands from the security received and/or &om charges levied to property taxes.
;
15. The Owner covenants and agrees that the lands and premises more particularly
described in Schedule “A” annexed hereto may only be used for those purposes specified by Zoning Amendment By-law No. 2011-08.
WITNESS the corporate seals of the respective corporate parties hereto, duly
affixed under the hands of their respective signing officers, duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) In the presence of Owner
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
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SCHEDULE"AM LEGAL DESCRIPTION OF LANDS
Part 1,Plan 13R-18457; Part of Lot 6, Concession VII, Portland District, Township of South Frontenac
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SCHEDULE “B” SITE PLAN
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Vegetative Buffer
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Primary Tank
17,034L(4^00pri)
Coniferous
“ITEM B Screening Pence Jrees
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InfUtratorEyialixer J<P” Chambers
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Dlatribnrion Chambera
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“ITEM C”
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8 . Q .^3 ^ w 9 ^ » ,1 '< / 7.*H ?w X 28mft2ft/X16K X60cmft4lnf / \/ -f 0 Otsh-ibudon Be Fill Sand L .-> ^ & ^ Wi ft.2 ^ > \ 0 (|Uscn may^l^SSS) /'nyuB/Qn-ITiuA 4-Bays r\ -0 i OU Stpawtor Tank 6SlQL(1500ya. » Lighting 0 ^ 00 w =H: Maude Am .Imported Fill San(l 39m(95ft)X33m\(10W) X30cmfl2lnf T3 rt Q ^ Access ^ ^ of Vacuums ^ / / Approximate Locations ^ ^ f ..*" y ^ .1 ^> -^ ^ §: *£ g fi; i *...- setback ^ ^ - y ^ b> Mmi Storage Industrial Building i-i ^ / I > \ J& "ITEM A" 0 y »4 0 \ \ T * Lighting i^l /'/ Coniferous lMeire Trees HighBerm t .^. Scale 10 ^^ 30 20m 0 S3 Sil m ^ i M-> spwsmc, 0 \ * Door Locations Lighting 6 metre t 11MaLIBSB as 60ft orth ^ SCHEDULE "C" INDUSTRIAL MINI STORAGE BUILDING SPECIFICATIONS BAY DOORS LEAN-TO HIGH 5TOE f ^ ^ N^- "-> + y~bj <1 t _' T to ^1 F F F F < F F .-. to ^ d ?r;tn F F F F ST0 IS'-O- m-QT 10-9' W-flT IQT-flT w~vr w-cr ^w^ 7 <1 D h- 12=£ D ^- ^o13-3^s I"* Ifi'-?' w-r w'-r Iff-CT t
