Body: Council Type: By-law Meeting: Regular Date: 2019 Collection: By-laws Municipality: South Frontenac
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Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2019-35
BEINGA BY-LAWTO AUTHORIZETHE MAYORAND THE CLERKTO EXECUTEA SITE PLANAGREEMENTBETWEENTHE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENACAND TREVORTUCKER WHEREAS a Site Plan and Site Plan Control Agreement have been prepared to the satisfaction of the Township of South Frontenac;
NOWTHEREFORETHE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTSAS FOLLOWS: 1.
THAT the Mayor and the Clerk are hereby authorized to execute a Site
Plan Control Agreement between the Corporation of the Township of South Frontenac and Trevor Tucker, a copy of which is attached hereto forming part of this By-law.
THAT this By-law and Agreement shall be registered on title of the property described as Part of Lots 27 & 28, Concession 7, Parts 1-4 13R-
11231, District of Bedford, Township of South Frontenac, municipally known as 688 Dewitt Lane.
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 21stday of May, 2019. Read a first and second time this 21st day of May, 2019. Read a third time and finally passed this 21st day of May, 2019. THE CORPORATIONOF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vdndewal, Mayor
W/iwJ^Angela Maddocks, Clerk
SITE PLAN AGREEMENT
Madethis /4+^davof \A 0-U . 2019 BETWEEN: TREVOR TUCKER ' 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 located in the
Township ofSouth Frontenac (the “Lands’);
AND WHEREAS it was a condition of consent that the Owner enter into this site plan agreement with the Municipality on the terms set out;
HEREAS the Mljnicipautyis authorized to enter into this agreement and register It
againstthetitle to the Landspursuant to section 41 ofthe Planning Act;
NOW THEREFORE WITNESSETH that in consideration of the mutual covenants and agreements contained herein, the parties agree each with the other as follows: 1.
The Owner covenants that the Owner Is the Owner In fee simple of the Owner’s lands Described In Schedule “A” attached hereto,
Th* Owner covenants and agreeswiththa Municipality aafollows: 2. 1
General
2.1.1
That no development beyond that approved through zoning by-law amendment No. 2018.74 will be panniUed wtthFn the 30 metre restrictive area from the high water mark, except as
the Municipality.
2.1.2
That development shall beInaccordance withthe SitePlan prepared
- 1.3
That the uses on the subject property are limited to private car
by Fotenn Planning + Design, attached hereto as Schedule “B”.'
parking, access pathway and a boat dock for shoreline access to properties located on Mica Island.
2AA The parkingareashall be constructed and maintainedat a minimum of 30 metres from the hlghwater mark.
2.1.5
The access pathway Is constructed and maintained to a maximum width of 1.5 metres wide. The Owner shall ensure that no trees are
removed in order to construct the pathway except as specified on Uie Planting Plan prepared by Angus Laldlaw and attached ofi Schedule “B”.
2. 1.6
I?^^f^T?, ?f>aclsidentifled°“theSitePlanDrawingprepared
byFotenn Planning+ Designareconstructed withUiedimensionsof 2.7 metres by_6. 0 metres and are maintained Inthe location as shown on Schedule B. 2. 1.7
mat the dock is constructed and maintained as per the Site Plan and that approval has been provided from Rldeau
Conservation Authority. 2. 1.8
That any In-water construction and maintenance of the dock shall
not occur between March 15”’ and July 15’-to ensure that there isno Interference with spawning of fish.
- 1.9
The two-stage dock Is constructed to ensure that there Is sufficient length to extend beyond the cattall fringe with the total area’of’the not exceeding300 ft2. The dockshall not be constructed with
pressure treated wood and shall be made from environmentally.
friendly materials. 2. 2
Environmental Protection 2.2.1
That_sedlment and erosion controls between the construction area a!“LBOb’s LakeTl«*aBl'8 Creek Marsh are to beinstalled prior to’the ^ ofthe work and i» to remain in place unUI the site hu’been
to regenerate and vegetation has been re-establiahed to the
satisfaction oftheRldeauValleyConservation Authority. 2.2.2
T. -^l!-,m???^als from c°nBt’’"°Uon (including excess soil) will be ditpoied of 30 metres or more from the normal hlghwater of Bob’s Lakeandthe Michael’s Creek Marshata proper disposalslte.
2.2.3
Thatthe vegetated buffer, within the 30 metre setback from the hlah. watermark, la maintained andenhancedwhere possible.
- 2.4
The-owner. shal!applyf°r. a pem"t I” theeventthatanywork Isto be undertaken along the shoreline of Bob’s Lake or vrithm’Michaers Creek Marsh or within the 120 metre adjacent from Michael’s Creek
M.ar,81’”..pe’‘mit8 “e re1uired from the Rldeau Valley Conservation Authority in accordance with Ontario Regulation” 174/06 (Development, Interference with Wetland* and AlteraUon “to Shorelines and Watercourses) prior to any development on the property. 2. 3
Limited Services 2. 3.1
That the Municipality does not maintain or repair and will have no
to maintainor repairthe private lanethat providesaccess
t°the. Lands w. to .performor Previde any other municipaTservices
2.3.2
normallyassociatedwithpublichighwaywithinthemunicipality.’ That_ eMl’nlclpalltyw111 nat. beresponsibleforanyloss, damage,or inJ"lyLwhether Ilirect.
or
Indirect, arising from the inabili ty to’aSess
the Owner’s lands because of the Owner’s failure to
“””’**’" the private. lane’ a"d lhe owner w"l indemni^ anifsave !larmJeM the M"“lc!pallty- lts councllore, officers, empioyeea’and agents from and against all claims, losses, damages, llabllWes, costs
?’“l.expenses (l"cludln9 Issal tees and dlsbuisemente) which” made or brought against the Municipality as a result thereof
3.0
This agreement shall be registered against the title to the Lands and the
Municipality shall be entitled to enforce Its provisions againstthe Ownerandany or all subsequent owners of the Lands. 4.0
Ifthe Ownerfalls or refuses for any reason to comply with any requirements of Msagreement,the Ownershall be In defaultandthe Municipalitymay, on seven f? days’ notice, require the Owner to remedy the default, falling which the Municipality may, withoutfurther notice andwithout prejudice to any’uther rights
.
and remedies available to It, do such thing* and perform such work a* is necessary to rectify the default. 5.0
Any account rendered by the Municipality for work done shall be paid by the o*"!er*“thin thirty (30) day8. ?f the day of billing, and, If the Owner falls to pay, interest shall be charged on the amount outstanding at the rate of one and one quarter (1.25%) per months (15% per annum) on the first day of each calendar month following the date the account was due. Any payments received on
acc°unte_rendered aha11 be aPP"ed.flret .0 any outstanding’Interest, which may have accrued, and the balance shall be applied to reduce the principal amount outstanding. 6.0
!!the.Mun.lclP.alltyIncursanyexpensearisingout oftheterms ofthis Agreement, the Municipalitymayrecoverthe amountIn like mannerasmunicipal taxesor action, pursuant to Section 42.7 of the Municipal Act
7.0
All costs necessary to fulfill any condition of this agreement, and all costs
Incurred by the Municipality In connection with the"preparation, execution^ registration or enforcement ofthis Agreement shall be paid bythe Owners. 8.0
ThJ? A8reeme"t “hall ansure to the benefit of and be binding upon the personal representatives, successors and assigns ofthe parties
INWITNESSWHEREOFthe Parties hereto have hereunto acttheir hands and seals
M of the day and yearfirst written above. SIGNED, SEALED AND DELIVERED In the presence of;
A^iA^ WITNESSS
it TREVOR TUCKER
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Per:
^ -^«s-^< RON VANDEWAL - MAYOR
ANGWA MADDOCKS - CLERK
SCHEDULE “A” THE LANDS
PARTOFLOTS27& 28,CONCESSION7, PARTS1-413R11231, GEOGRAPHICTOWNSHIPOF BEDFORD,TOWNSHIPOFSOUTHFRONTENAC,COUNTYOFFRONTENAC MUNICIPALADDRESS 688 DEWITTLANE
SCHEDULE “B”
DRAWINGLIST SITEPLANDRAWING
PARTLOT27& 28,CONCESSION7, 13R-11231PARTS1-4,PREPARED
BYFOTENNPLANNING+ DESIGN,DATEDJANUARY16,201g,REV. 1 DRAFTISSUEDFORCUENTREVIEW,DATEDFEBRUARY20, 2019 SITE PLAN DRAWINQ
PLANTINGPLAN,PARTLOT27& 28,CONCESSION7, 13R.11231 PARTS1-4, PREPAREDBYFOTENNPLANNING+ DESIGN,DATED JANUARY16, 2019,REV.I DRAFTISSUEDFORCUENTREVIEW,DATED FEBRUARY20,2019,PLANTINOPLANPREPAREDBYANGUSLAIDLAW”
