Body: Council Type: By-law Meeting: Regular Date: 2013 Collection: By-laws Municipality: South Frontenac
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TOWNSHIP OF SOUTZ FRONTENAC BY-LAW NUMBER 2013-52
BEmG A BY-LAW TO AUTHORIZE TH2 MAYOR AND THE CL3RK TO EXECUTE A SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF 7HZ TOWNSHIP OF SOUTH FRCNTENAC AN^ 1073650 ONTARIO INC.
WHEREAS a Site Plan Agreement has been prepared to the satisfaction of the Township of South Frontenac;
NOW THEREFORE THE COSPORATION OF THE TOWNSHIP OF SO FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.
THAT the Mayor and the Clerk are hereby authorized to execute a Site Plan Agreement between the Corporation of the Township of South Frontenac and 1073650 Ontario Inc., a copy of which is attached hereto and forms part of this by-law.
THAT this By-law and Agreement shall be registered on the title of the property described as Parts 6 to 11 on Plan 13R-19911; Sweetfem Lane; Part Lot 23,
Concession ffl, Stomngton District, Township of South Frontenac. 3.
THIS BY-LAW shall come into force and effect m 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 sixth day of August, 2013. Read a first and second time this sixth day of August, 2013. Read a third time and finally passed this sixth day of August, 2013. THE CORPORATION O? THE FRONTENAC TOWNSHIP 0 f^
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v
ary ©avison. Mayor
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lerk-Administrator
TfflSSFTE PLAN AGREEMENT made this day of August, 2013.
BETWEEN:
1073650 ONTARIO INC.
hereinafter called the “Owner” OF TEE FIRST PART
- and -
THE CORPORATION OF THE TOWNSHIP OF SOUTH ^RONTENAC hereinafter called the “Municipality” OF THE SECOND PAST
WHEREAS thc Owne- us tfce re^stered owner in fee simple of certain lands described in Sc.iedule “A”, attached hereto, located in the Townshipof South Frontenac (the “Owner’s Land”);
AM) WHEREAS the Municipality is authorized to enter into this agreement and register it against the title to the Lands pursuant to section 41 ofthe?lancing Act
and section 6.17 of the Township of South Frontenac Official Plan;
ANDWm;REAS 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) “Owner” includes a mortgagee 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.
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 buUding structure or other facility shall be erected altered or placed on Ae said land except in accordance with the attached schedules which consist of:
A. Legal Description of Lands B.
Site Plan
c- Enwomnmtal site Evaluation RePort Dated June 20,2009 prepared by
Ecotogical Services and reconunendation report dated June U; 2009 from
the Cataraqui Region Conservation Authority
- The Owner shall perform all the work and provide all the materials necessary for
^ODStructioDofa» Principal and accessoryw^ and privateTewage facilities. All buUdings existing as of the date of this agreem^t shall beloved
prior to any new building permit being issued.
The Owner may construct a single detached dwelling and accessory structures tocateda-n of 40 me^es (131ft.) from the Ughwater mark o-f-^.y Ukeandwithaseptic system located m the rea^d-ie., behind the^dwelling from the lake, generally as shown on Schedule “B”.
nle ^cesseasCTneDttihat pro^des^cess toAesubJe^ ProPerty shau be constructed to minimum’ Township Standards- for new private lanes and it shall
be recognized that the lane is not subject to any maintenance of other services provided by the Municipality.
- Development of the lot shall be in accordance with the recommendations from the
Environmental Site Evaluation Report and the Cataiaqui Region Conservation
Authority as attached hereto as Schedule “C”
- In the event of a sale of the improved lands, the new Owner will assume full and
complete responsibility for the continuing obUgations under this Agreement. The
enforcement of this Agreement is the responsibility of the Municipality.
- The Agreement shall be registered agamst 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.
- In the event Aat the Owner fails to install or mamtain the facilities covered by this
Agreement A^ upon die Chief Building Official or designate, giving seven days ^t^noticlbyprc:p^drc^steredmml to 1fae ovmer’,Ae mumcipality’ through it’s employees, agents or contractors, may, vvithout 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 includmg the repair or rcconstrucdon
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
^r^^y-l^^?!at?^?;!v?i<^OLM!yiperson Possession sha11 not question the cost mcurred by the Municipality for labour, materials or any other costs
incidental to do the said work and tins provision shall be deemed to operate as an effective estoppel in judicial proceedings if such costs are challenged or placed in
question. The Owner agrees to pennit the Chief Building Official:or agent, to enter onto the Lands at any time to inspect the work. The Mmucipalitymay
perform any of the required services and collect the cost for the enforcement of
this Agreement agamst the said Lands from the security.
12’ Ihe-c?iw^er c^v.en?a?s alldasrces that the lands and premises more particularly
descnbedin Schedule “A” a^exed hereto may only be used for those purposes specified by Zoning Amendment By-law No. 2009-52.
WITNESS the corpos-ate seals of the respective corporate parties hereto, duly
affued under the hands of their respective signing officers; duly authorized m that
behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of
THE CORPORATION CF THE TOWNSHIP OF SOUTH FRONTENAC
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BeachSitePlanAgTcement2013
SCHEDULE “A” LEGAL DESCRIPTION OF LANDS
Parts 6 to 11, Plan 13R-19911; Sweetfern Lane; Part of Lot 23, Concession 1C, Storrington District, Township of South Fronienac
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Ecological Services
R.R. #1, 3803 Sydenham Road Elginburg, Ontario KOH 1MO
Phone: (613) 376-6916; Fax: (613) 544-0072 E-mail: ecoserv@kos.net SCHEDULE"C" June 25,2009
ENVIRONMENTAL SITE EVALUATION REPORT &
Mr. Gary Beach REPORT FROM CARARAQUI REGION CONSERVATIO 1073650 Ontario Inc. P.O. Box 98
Battersea, Ontario KOH 1HO
RE: WATER QUALITY REVIEW INVERARYLAKE
Further to the Environmental Impact Assessment we prepared for your proposed severances on Inverary Lake, you requested that we gather additional information
regarding water quality in light of the concerns raised at the public meeting. Concerns regarding large-scale development were part of the impetus for the Cpllins Watershed Study in the early 1990s. At that time, Dillon (1992) reported that total phosphorous concentrations in Inverary Lake exceeded the provincial guidelines, and suggested that additional development adjacent to the lake should show that no fiuther
nutrient loading will occur. At that time, lake phosphorous levels were reported to range from 14 to 46, with a mean concentration of 29 iig/L, based on limited phosphorous data taken over ten years earlier (DUlon 1993). This level of Total Phosphorous (TP) is consistent with a eutrophic (nutrient-rich) system. Secchi disk data (a measure of water
plarity) had mean values of 2.2 m (1977), 1 .8 m (1979), and 2.0 m (1990). Dillon concluded that the major source of nutrients in this system were natural phosphorous from the land, agricultural activities, and precipitation.
The Ministry of the Environment (MOE) has little additional information from that time. Victor Castro (MOE, personal communication) provided the information summarized in Table 1. The available information is scanty, and is consistent with the summarized reports inDillon(1992).
Table 1. Historical water quality data for Inverary Lake provided by the Ministry of the Environment (Castro, personal communication). TOTAL PHOSPHORUS A YEAR MEAN SECCffl MEAN CHLOROPHYLL 1977
1979 1990
DEPTH (m)
(ng/L)
2.2 1.8 2.0
21.0 11.3 14.0
(HS/L) ^
29
Water Quality Assessment - Beach, Inverary Lake
Ecological Services - June 25, 2009
M,OE,nms.aKLake.partner program- where the ^ is to W the quality of Ontario
!n!£mdlakesby involvingcitizens m a water qu^ily momtoring progTamL This isa ^m^:wde’volmteer-based’water-q^l"^ormgProgram.B7o1ui;te7rs^ ^talPhosp^s sables and .^e monthly water clan^b^at.on;^^^ Tsufolmation allows &e earl7detection °^hanges~mthe"nutri^rstatus^o^
s
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^to,c!.a"loftlle lake due to the impacts ofshorelin^vdopme^ cUmate’ZagTand other stresses. yif!rtlSlte^;,u^rlh^beenno ParticiPationin &e program in recent years on Inverary
^<L.S<!^yiiT?<?le Pr°Sram data from Inverai-y LSe are from 1996 and 1997, summarized in Table 2. ^able 2. Data from Ministry of Environment’s Lake Partner Program, Pre-2002 Total
/
Phosphorus Annual Means (^g/L) and a report on 2008 Lake Partner Secdu Data Station
Year
rPQig/L)
Number of Samples Annual Average Ice-frce
7072 70’? ^
1996 1997
29 28
5
Secchi Depths (m) 2.0 2.7
^£I?p-os.e<^th!i,Lake pa^ner program is to gain an understandmg of Ontario’s lakes, and it is noted that by sampling phosphorous each year, it is possible to detect
in the nutrient status of a lake. The Ministry of the Environment cautions’that:~‘ft
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an increase
important to note that several years of data must be collected to first observe the normal,
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between-years-dtfferences before a trend can be identified’ (emphasis mine).
^p^!^^ ^llL^^t^^^^^o!^pro.vemfsnt inwat?r qu!d\ty of]hverary La^e ^=^^^^l^aIrimmCTeasem-terc^butMme-error was provider md the improvement is likely not a statistically “significant one,
particularly since TP from 1997 was based on one sample only. As well, since the’data
are over ten years dd^they tell us little about die current water quality conditions. What
is notable is that thel996/1997 values are very consistent with what was reported in 1977. 1979 and 1990.
Since fheprovmce cut back on surface water sampling in the 1980s, there are no other
data^available to assess the specific status of water quality in Inverary Lake. If area residents have had significant, long-standing concerns about lake water quality, it is
difficult to understand the lack of participation in the Lake Partner Program. yolunteermvolvemeut would require the collection of one sample each month (MayOctober) for lakes tiiat are not on the Canadian Shield. These samples are returned (postage paid) to the Dorset Environmental Science Centre for analysis. In addition,
volunteers are asked to make a minimum of 6 (monthly) water clarity observations using a Secchi disk. These observations are mailed to Dorset at the end of the summer.
CS!^ysion: We can fiind nothing to suggest a serious concern about water quality, and
no indication of declining water quality over the past 30 years; the number of years since 2
Water Quality Assessment - Beach, Inverary Lake
Ecological Services - June 25, 2009
there has been any participation in the Lake Partner Program suggests a very recent concern on the part of area residents. A number of recommendations were put forward in
the EIS to address water quality protection (among other natural heritage values);
The lots2 are large (approximately 5.0 acres/2 ha compared to the mmimum 10,000 m ,1 ha required by title Zoning By-law for the Township of South Frontenac).
The water frontage is large (meeting the 300 ft/91 m minimum required by the Zoning By-law).
The setback from the high water level of Inverary Lake has been recommended at 40
and 45 m (varying with the specific characteristics of the lots), exceeding tihe minimum 30 m required in the Zoning By-law. 4. The setback area is being maintained as an effective buffer through restrictions on the clearing of vegetation. 5. Septic systems will be set even further back on the new lots, and the terrain is such
that their discharge will initially be away from the lake, resulting in a long flow path before reaching the lake. It is very unUkely that these systems would result in any significant increase to the nutrient load oflnverary Lake. In 1979, MOE concluded in a trophic status assessment of Inverary Lake that: “Although Inverary Lake is hydrologically sensitive to additional nutrient input, shoreline development is not likely to impact on water quality as the lake already receives a high rate of nutrient supply from agricultural drainage.” DUlon (1992) agreed that the major source of nutrients in this system were natural phosphorous from the land, agricultural
activities, and precipitation. And m 2009, Castro (personal communication) suggests that there is no reason to believe that the situation has changed: Inverai’y Lake is a naturally
eutrophic system, in which the Ontario drinking water guidelines (of 20 p,g/L TP) are exceeded due to natural phosphorous loadmg from the watershed, and there is little development on the lake.
In light of the large lot size proposed, the very low density of development that would result, the substantial setbacks from the water, and the requirement that the buffer effectiveness be maintained by ensuring vegetation cutting is kept to a minimum, it is my
opinion that the proposed severances will have no significant impact on the water quality ofInveraryLake.
Contacts, References & Literature Cited:
Castro, Victor. 2009. Personal communication with water quality professional at the Ministry of the Environment, Kingston office, Kingston, Ontario. 613-549-4000.
3
Water Quality Assessment - Beach, Inverary Lake
Ecological Services - June 25, 2009
DiUon,M.M.,Ltd. 1992. Collins Watershed Study Report: Phase 1. Prepared December 1992 for tiie Cataraqui Region Conservation Authority, Glenburnie, Ontario. 170 pp., plus appendices.
Dillon, M.M., Ltd. 1993. Collins Watershed Study Report: Phase I. Prepared May 1993 for the Cataraqui Region Conservation Authority, Glenbumie, Ontario. 196 pp., plus appendices. Ministry of the Environment. Web site regarding the Lake Partners water sampling program is found at: < http://www.rideau-info,com/d6cuments/lakepartaier2002.pdf>. Respectfully submitted
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Mary Alice Snetsin^&rJ
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CATARAQUI REGION CONSERVATION AUTHORITY 1641 Perth Road, RQ. Box 160 Glenbumie, Onliario KOH 1 SO
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Phone: (613) 546-4228 Fax:(613)547-6474
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E-mail: crca®ca,t&r&quiregion.on.ca Webgite: www.cataraquiregion.on.ca
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June 11,2009
FUe: SEV-FRS ^
Sent by fax Ms, Anne Levac, Plsummg Assistant Township of South Prontenac P,0, Box 100
Sydfiflham,ONKOH2TO (613)376-3027 Dear Ms. Levac:
Re: Additional Comments
Applications for Consent to Sever S-20-09-S, S-21-09-S, S-2M9-S (Ilaa) Lot 23, Concession 3*, Storrington District Off Round Lake Road / Inverary Lake
Further to our letter dated. Juae 10, 2009, staff of th® Cataraqui Region Coiiservation Authority (CRCA) have revievred a xcvised EuviTOnmeatal Site Evaluation (Ecological Services, dated June 11,2009) and provide te following comments for the Conumttee’s consideradon.
Staff TO satisfied with the revised report as it has adequately addressed the issues relating
to the proposed “no-cut zone” and the presence of the fan swamp area, *
Staff Iwn? no objection to applications 5-20-09-S, S-21-09-S andS-22-09-S provided that the following conditions of approval be required:
That all buildings and structures located on the proposed lots to be severed are removed
That fhs rwommeadations from ps^e 6 of fhe Enviromnental Site Evaluation (Ecological Services, June 11, 2009) be mcorporated into a development agreement to be entered into between the Township and landovmer of the lots to be severed, namely that: .
Plawment of the access nwd mvst be detemiined in consultation with the CRCA and
should be located outside of the swamp area, along the norfhem prcperty boundaiy for the lots to bs severed t
Member of v
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Page 1 of 2 fs^sss Muut4eiumj*/ft
476474
PAGE 03
Ms. Levac (S-20-09-S, S-21-09-S, S-22-09-S) June 11.2009
- ^^i^i^! ^i^?J!?^k1?;^£?JLI?,iit?S^ ^.^^^^?_SV^I5:l-are? Sedimentation controls must be unplemented during culvert upgrading to the existing access road
Setbacks of 40 m from thehighwater mark ofhrveraiy Lake will be required for Lots
»
1 and 2 and a setback of 45 m will be required for Lot 3 Alferation to the soil mantle and vegetation should be prohibited within 30 m of the shoreline for fhe lots to be severed wfh the exception of limited removgl of dead or ^
.
diseased trees and for a 4 m access path to the lake
A suryey shalltoe completed prior to Ae deyclorpment of Lot 1 demonstradng that (here is a suitable buUdmg envelope (for adwelling, scptlc system a^d parking^ea) south of the swamp area
That future development on the lots to be severed occur through Site Plan Control, for which approval by the CRCA wlU be required.
Ttepemiission from the CRCAimder Ontario Regulation 148/06: Dcwlopment,
^^^^r^?^^^1^^.^]^^??Jl^-?i5^1a??^Et^S0^ >be. ?S^l?d_??SrITt^an? deyel°PmeI;t or siteAlteradon witiain 120 m of the Provmcially Significant Wetland and for any in-watef works including crossings for driveways through fhe swamp area
- That future division of land on the lot to be letaiaed occur through a Plan of Subdivision Please infoim this office m writing of any decision made by the Committee with regards
Si^l^^?lc^??sn<:If??^-h^e.?l^ll^!^-^e^e c act llad^Kigned at (613) 546-4228 extension 258 or by email at mdakm@cataraquiregion.oa.ca.
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Michael Dakin, M.P1. Ecological Plamier, Interim
ec: Mary Alice Snetsinger, Ecological Services, via fax (613-544-0072)
attachment: Excerpt from Environmental Site Evaluation (pg. 6 Recommendations)
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