Body: Council Type: By-law Meeting: Regular Date: 2020 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2020 By-laws/By-law 2020-44 - Site Plan Agreement with Andrew Atkinson & Elizabeth Smith.pdf)
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-44 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE A SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIPOF SOUTH FRONTENACAND ANDREWATKINSONAND ELIZABETHSMITH. WHEREAS a Site Plan and Site Plan 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 Agreement between the Corporation of the Township of South
Frontenac and Andrew Atkinson and Elizabeth Smith, a copy of which is attached hereto forming part of this By-law.
THAT the Agreement shall be registered on title of the property described as Part Lot 4, Concession 13, Part 1 13R20032, Geographic Township of Bedford, Township of South Frontenac, municipally known as 467 MacComish 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 September,
Read a first and second time this 1stday of September, 2020. Read a third time and finally passed this 1’*dayof September, 2020. THE CORPORATION OF THE TOWNSHIPOF SOUTH FRONTENAC
Ron Vandewal, Mayor
fl./nw^ /flr^dect^ Angela Maddocks, Clerk
SITE PLAN AGREEMENT
Madethis
f
dayof .SEPTEM5C/2. . 2020 BETWEEN:
ANDREW ATKINSON and ELIZABETH SMITH Hereinafter called the “Owner”
OF THE FIRST PART -and-
THE CORPORATIONOF THE TOWNSHIPOF 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 of South Frontenac (the “Lands”);
ANDWHEREAS itwasa condition ofconsent thatthe Ownerenter intothis site plan agreement with the Municipality on the terms set out;
ANDWHEREAS the Municipality isauthorized to enter into this agreement and register it against the title to the Lands pursuant 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:
The Owner covenants that the Owner is the Owner in fee simple of the Owner’s
The Owner covenants and agrees with the Municipality as follows:
lands Described in Schedule “A” attached hereto.
- 1
General
- 1
That development shall be in accordance with the Site Plan Drawing,
- 1.2
That the uses on the subject property are limited to the seasonal
attached hereto as Schedule “B”.
dwelling and the existing accessory buildings. The seasonal dwelling may be converted to a single detached dwelling subject to the
Municipality’s policies on the conversion of a seasonal dwelling to permanent residential use and to the Ontario Building Code. 2. 1.3
That the Owner is required to obtain a permit for replacement of, or upgrades to, the septic system from the authority responsible for Part 8 of the Ontario Building Code.
- 1.4
That the Owner will obtain a permit from Cataraqui Conservation for any development or site alteration proposed within 26 metres of the
stabletoe ofslope, as perthe Ontario Regulation 148/06 Development,
Interference with Wetlands, and Alterations to Shorelines and
Watercourses.
- 1.5
Thatthe dock will be maintained as per the Site Plan Drawing.
- 1.6
Construction and maintenance of the dock shall occur outside of the timeframe when fish are spawning.
3. 1
Environmental Protection
- 1
That the land between the dwelling and the lake will be maintained as a natural vegetated buffer.
- 1.2
That erosion control measures (e.g. silt fence, straw bales) will be used during construction and will remain in place until any ground cover disturbed during construction
has been re-established.
Ground cover will be re-established as soon as possible upon completion of construction.
- 3
That during and after the construction period there shall be no filling or false grading of excavated materials between the dwelling and the shoreline. The exception will be for allowance for landscaping materials for the final grade next to the dwelling.
- 1.4
That water access will be achieved in a manner that requires minimal live tree removal and protects against erosion. Water access shall have a maximum width of 1. 5 metres.
- 1.5
That all roof leaders on the dwelling will be directed to the side of the
building furthest from the lake and be discharged into a soak-away pit(s) or onto rock splash pads. 3.0
This agreement shall be registered against the title to the Lands and the
Municipality shall be entitled to enforce its provisions against the Owner and any or all subsequent owners of the Lands. 4.0
If the Owner fails or refuses for any reason to comply with any requirements of this agreement, the Owner shall be in default and the Municipality may, on fifteen
(15) days’ notice, require the Owner to remedy the default, failing which the Municipality may, without further notice and without prejudice to any other rights and remedies available to it, do such things and perform such work as is necessary to rectify the default. 5.0
Any account rendered by the Municipality for work done shall be paid by the Owner within thirty (30) days of the day of billing, and, if the Owner fails 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 accounts rendered shall be applied first to any outstanding interest, which may have accrued, and the balance shall be applied to reduce the principal amount outstanding. 6.0
If the Municipality incurs any expense arising out of the terms of this Agreement,
the Municipality may recover the amount in like manner as municipal taxes or by 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 of this Agreement shall be paid by the Owners. 8.0
This Agreement shall ensure to the benefit of and be binding upon the personal representatives, successors and assigns of the parties
TOWNSHIP OF SOUTH FRONTENAC BY-LAW2020-44 BEINGA BY-LAWTO AUTHORIZETHE MAYOR AND THE CLERKTO EXECUTE A SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIPOF SOUTH FRONTENACAND ANDREWATKINSONAND ELIZABETHSMITH. WHEREAS a Site Plan and Site Plan 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 Agreement between the Corporation of the Township of South Frontenac and Andrew Atkinson and Elizabeth Smith, a copy of which is attached hereto forming part of this By-law.
THAT the Agreement shall be registered on title of the property described
as Part Lot 4, Concession 13, Part 1 13R20032, Geographic Township of Bedford, Township of South Frontenac, municipally known as 467 MacComish 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 September,
Read a first and second time this 1stday of September, 2020. Read a third time and finally passed this 1stdayof September, 2020. THE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENAC
Ron Vandewal, Mayor
(7./ywj!a
rA
Angela Maddocks, Clerk
SITE PLAN AGREEMENT
Made this
I
day of . SEPTEMBC/2. . 2020 BETWEEN:
ANDREWATKINSONand ELIZABETHSMITH Hereinafter called the “Owner”
OF THE FIRST PART -and-
THE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENAC Hereinafter called the “Municipality”
OF THE 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;
ANDWHEREASthe Municipality isauthorizedto enter intothisagreement and register it against the title to the Lands pursuant to section 41 of the 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:
The Owner covenants that the Owner is the Owner in fee simple of the Owner’s lands Described in Schedule “A” attached hereto.
The Owner covenants and agrees with the Municipality as follows: 2. 1
General
- 1
That development shall be in accordance with the Site Plan Drawing, attached hereto as Schedule “B”.
- 1.2
That the uses on the subject property are limited to the seasonal
dwelling and the existing accessory buildings. The seasonal dwelling may be converted to a single detached dwelling subject to the
Municipality’s policies on the conversion of a seasonal dwelling to permanent residential use and to the Ontario Building Code. 2. 1. 3
That the Owner is required to obtain a permit for replacement of, or upgrades to, the septic system from the authority responsible for Part 8 of the Ontario Building Code.
- 1.4
That the Owner will obtain a permit from Cataraqui Conservation for any development or site alteration proposed within 26 metres of the stable toe of slope, as per the Ontario Regulation 148/06 Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses.
- 1.5
That the dockwill be maintained as per the Site Plan Drawing.
- 1.6
Construction and maintenance of the dock shall occur outside of the timeframe when fish are spawning.
3. 1
Environmental Protection
- 1.1
That the land between the dwelling and the lake will be maintained as a natural vegetated buffer.
- 1.2
That erosion control measures (e. g. silt fence, straw bales) will be used during construction and will remain in place until any ground cover disturbed during construction
has been re-established.
Ground cover will be re-established as soon as possible upon completion of construction.
- 1.3
That during and after the construction period there shall be no filling or false grading of excavated materials between the dwelling and the
shoreline. The exception will be for allowance for landscaping materials for the final grade next to the dwelling.
- 1.4
That water access will be achieved in a manner that requires minimal live tree removal and protects against erosion. Water access shall have a maximum width of 1. 5 metres.
- 1.5
That all roof leaders on the dwelling will be directed to the side of the
building furthest from the lake and be discharged into a soak-away pit(s) or onto rock splash pads. 3.0
This agreement shall be registered against the title to the Lands and the
Municipality shall be entitled to enforce its provisions against the Owner and any or all subsequent owners of the Lands. 4.0
If the Owner fails or refuses for any reason to comply with any requirements of this agreement, the Ownershall be in default and the Municipality may, on fifteen (15) days’ notice, require the Owner to remedy the default, failing which the Municipality may, without further notice and without prejudice to any other rights and remedies available to it, do such things and perform such work as is necessary to rectify the default.
5.0
Any account rendered by the Municipality for work done shall be paid by the Owner within thirty (30) days of the day of billing, and, if the Owner fails 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 accounts rendered shall be applied first to any outstanding interest, which may have accrued, and the balance shall be applied to reduce the principal amount outstanding. 6.0
Ifthe Municipality incurs any expense arising out of the terms of this Agreement, the Municipality may recover the amount in like manner as municipal taxes or by 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 of this Agreement shall be paid by the Owners.
8.0
This Agreement shall ensure to the benefit of and be binding upon the personal representatives, successors and assigns of the parties
IN WITNESSWHEREOFthe Parties hereto have hereunto set their hands and seals as of the day and year first written above.
SIGNED,SEALEDAND DELIVERED In the presence of,.
WITNESS ^
WITNESS
^ >
ELIZABETHSMITH
THE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENAC Per
RON VANDEWAL- MAYOR
‘{L ANG^A MADDOCKS- CLERK I/
SCHEDULE"A" THE LANDS
PART LOT 4, CONCESSION 13, PART 1 13R20032, GEOGRAPHIC TOWNSHIP OF BEDFORD, TOWNSHIP OF SOUTH FRONTENAC, COUNTY OF FRONTENAC MUNICIPAL ADDRESS 467 MACCOMISH LANE
SCHEDULE"B" DRAWING LIST SURVEYOR’S REAL PROPERTY REPORT
GRANGE W. ELLIOTT LTD., 2010, SCALE 1"= 20’
SITE PLAN DRAWING
467 MACCOMISH LANE SITE PLAN, PREPARED BY
ANDREWATKINSON,DATEDAUGUST1 3, 2020 SCALE1" =20'
