Body: Council Type: By-law Meeting: Regular Date: 2019 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2019 By-laws/By-law 2019-59 - Site Plan Agreement with Henderson et al Colescott Lane.pdf)
Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2019-59 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE A SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC AND CINDY& JAMES HENDERSONETAL
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 ENACTS AS 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 Cindy & James Henderson et al, 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 2 & 3, RP 21907, Part of Lot 32, Concession 7, District of Bedford, Township of South Frontenac, municipally known as 11 Colescott 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 1stday of October, 2019. Read a first and second time this 1st day of October, 2019 Read a third time and finally passed this 1st day of October, 2019. THE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
SITE PLAN AGREEMENT Made this
Ot/ft-i
^
., 2019
BETWEEN:
C1NDY& JAESIESHENDERSONETAL. Hereinafter called the “Owner”
OFTHE FIRSTPART -and-
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC Hereinafter called the “Municipality” OFTHE SECONDPART
WHEREAS the Owner is the registered owner in fee simple of certain lands located in the Township of South 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;
AND WHEREAS the Municipality is authorized to enter into this agreement and register it against the title to the Lands pursuant to sech’on 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.
TheOwnercovenants andagreeswith the Municipality as follows: 2. 1
General
2.1.1
That development shall be in accordance with the Site Plan prepared
2.1.2
That the uses on the subject property are limited to private car
by Zanderplan, attached hereto as Schedule “B”.
parking (two parking spaces), access pathway and a boat dock for
shoreline access to properties located on Eden Island.
2.1.3 2.1.4
2.1.5
The parking area shall be constructed and maintained at a minimum of 30 metres from the highwater mark.
The access pathway is constructed and maintained to a maximum
width of 1.5 metres wide.
The two parking spaces identlfled on the Site Plan prepared by
Zanderplan are to be constructed with the dimensions of 2l? metres by 6^0 metres and are maintained in the location as shown on “the Site Plan.
2.1.6 The existing dock is to be maintained as per the Site Plan Drawing
and that If the dock Is to be replaced approval is required to te
provided from Rideau Valley Conservation Authority. A maximum of one dock shall be penniKed on the lands identified in Schedule “A” 2. 2
Environmental Protection 2. 2.1
That sediment and erosion controls between the construction area and Bob’s Lake are to be installed prior to tha Initiation of the work and is to remain in place until the site has been allowed to regenerate and vegetation has been re-established to the satisfaction
ofthe RideauValleyConservation Authority. 2.2.2
That the vegetated buffer, within the 30 metre setback from the high-
watermark, is maintained and enhancedwhere possible. 2.2.3
The Owner shall apply for a permit in the event that any work is to
be undertaken aiong the shoreline of Bob’s Lake Permits are
required from the Rldeau Valley Conservation Authority in
accordance with Ontario Regulation
174/06 (Development,
Interference with Wetlands and Alteration to Shorelines and
Wateroourses) prior to anydevelopment on the property. 2. 3
Limited Services
2.3.1 That the Municipality does not maintain or repair and will have no obligation to maintain or repair the private lane that provides access
to the Lands or to perform or provide any other municipal services normally associatedwithpublic highwayswithinthe municipality.
2.3.2
T!??t_the MU"iciPal"ywill notberesponsibleforanyloss, damage,or injure whether direct or indirect, arising from the inability to access
??, _???"^’s la.nd? becauss . of the Owner’s failure to"property maintai"the
pr!vate lanel a"d th8 Owner will indemnify and” save
harmjess the Municipality, Its councilore, offlceis, empioyees’and agents from andagainstall claims, losses, damages, liabilities, costs and expenses (Including legal fees and disbureements) which be made or brought against the Municipality as a result thereof.'
3.0
Thls. _agreement.. shalf b.® roaistered against the Ufle to the Lands and the ’ shall tie entitled to enforce its provisions against the Owner and
or all subsequentowners of the Lands. 4.0
lfjheow"erfallsorrefuses. fol’a"yreaso"to compiywithany requirements of t’;teJlgreeTent’- e_ow"wshallbe’’" defau!tandthe MunicipaHty~may, ‘on’swe’n ^LdZS’,, wuce; requlre Jthe. omle!" to remedy the defaul’t,~failingj which’ ’e Municipality may. without further notice and without prejudice toawother’‘i
antLrT_edies available. to it> do such thi"SS and perform’sue? wort’^“S necessary to rectify the default
5.0
^“Lacco.““t ^“dered. lTtheofthe RfiuniciPality. for work done shall be paid by the ?’!’l"eLWJU11, ulirtL<30)days. day. of b’”’“8^"<f~if the Owner falSto?p^yc n
L"telsts<MI./be-ohawdo.” ,th,e.amou"toutstanding atthe’rateof’one’andlo°nye quarteri1,12s°A)_per m°.date “th^(15% per annum) m.onth-fo"o’mns-the.
the account was
on
the
flrstday’of’eachcatenda’r
due: Any~pa7men’ts”‘rel cel^‘uo’n
^ ."^rendared shalLbe-app"ed..f”‘stto any outstanding’interest; ~which"may d’ and the balance sha” be aPPIied toredu«;e8 the’pri"Npa"l"amo’u^t S^teetaaS. 6.0
Itt^,M"“S11y. ‘“curs.any expense arisi"g<>“t of the terms of this Agreement,
the, MU"i.cipa.litymaLrecover-the ?mount .” “to manner as’municipal te"x “o’rc’^ action, pursuant to Section 42.7 ofthe Municipal Act
^//^f ^
7.0
All costs necessary to fulfill any condition of mis agreement, and all costs incurred by the Municipality in connection with the preparation, execution, registration or enforcement ofthis Agreement shall be paid by the Owners.
8.0
This Agrsemant shall ensure to the benefit of and be binding upon the personal representatives, successors and assigns of the parties
INWITNESSWHEREOFthe Parties hereto have hereunto settheir handsandseals as of the day and year first written above.
SIGNED,SEALEDAND DELIVERED In the presence of:
CINDY HENDERSON
WITNESSS
HENDERSON
^ ^^-^
1^-^2^.J WITNESS °t->-c- CX2. ^
WITNESSS
WITNESSS
^ NESSS
St.
f^ugs^i
^=OLIVIAHENDEF^SSKT
ALICE HENDERSOisT
li^s^ if^fuu] WITNESSS ‘-’ TT
WI
ERIC HENDERSON
ow^
PETER .HENI^RSON
S HENDERSON
THE CORPORATIONOFTHE TOWNSHIP OF SOUTH FRONTENAC Per:
V .^^-. RON VANDEWAL- MAYOR
/A
y
ANGELAMADDOCKS- CLERK
SCHEDULE"A” THEjLANDS
PARTS2 & 3, PLAN13R21907, PARTLOT32, CONCESSION7, GEOGRAPHICTOWNSHIPOF BEDFORD,TOWNSHIPOFSOUTH FROMTENAC, COUNTVOFFROffTENAC MUNICIPALADDRESS 11 COLESCOTT LANE
w
Schedula “B”
Drawing List Site Plan Drawing
Parts 2 & 3, Plan 13R-21907, Part Lot 32, Concession 7, GeographicTownship of Bedford,TownshipofSouth Frontenac, prepared by Zanderplan. Version Date: March 19, 2019.
