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 2020-51 - Site Plan Agreement with Clayton & Margaret Potts.pdf)
Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020- 51 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 Clayton Potts and Margaret Potts.
WHEREASa 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 Clayton Potts and Margaret Potts, 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 of Lot 25, Concession 6, Part 1 of Plan 13R-15577 and Part 1 of
Plan 13R-21574, District of Loughborough, Township of South Frontenac, municipally known as 316 Koen Road. 3.
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 6th day of October,
Read a first and second time this 6thday of October, 2020. Read a third time and finally passed this 6th day of October, 2020. THE CORPORATIONOF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
SITE PLAN AGREEWIENT
Madethis
6
dayof
HCTOBH^.
2020
BETWEEN: CLAYTON POTTS and MARGARET POTTS 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 Site Plan Control By-law 2003-25 applies to lands within 90 metres of a
waterbody and requires that the Ownerenter into this site plan agreement with the Municipality on the terms set out;
ANDWHEREASthe Municipality isauthorized to enter intothisagreement and register itagainst the title 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:
The Owner covenants that the Owner is the Owner in fee simple of the Owner’s lands Described in Schedule “A” attached hereto.
The Ownercovenants 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 single detached dwelling and accessory building (detached garage).
- 1.3
Thatthe Owneris required to obtain a septic permit from the authority responsible for Part 8 of the Ontario Building Code.
- 1.4
That the Owner may be required to obtain a permit from Cataraqui Conservation for any development or site alteration, as per the Ontario Regulation 148/06 Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses.
- 1.5
Thatthe dock location will be maintained as per the Site Plan Drawing. The dock may be modified or replaced subject to all applicable approvals.
- 1.6
Construction and maintenance of the dock shall occur outside of the timeframe when fish are spawning.
2. 2
Environmental Protection
- 1
That erosion control measures (e. g. slit 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.
2.2.2
That during and after the construction period there shall be no filling or false grading of excavated materials within 30 metres of the high water mark of Loughborough
Lake. The exception will be for
allowance for landscaping materials for the final grade next to the dwelling and accessory building.
2.2.3
That roof runoff from the dwelling and accessory building will be directed away from the shoreline of Loughborough Lake and discharged into French Drains (or similar) or onto coarse rock rubble splash pads.
- 2.4
That a shoreline remediation plan will be prepared. The purpose of the plan is to create and enhance the natural vegetative buffer within 6 metres of the high water mark of Loughborough Lake. The plan shall be reviewed by the Municipality prior to the issuance of an occupancy permit under the Ontario Building Code. The plan shall be implemented within 6 months of an occupancy permit being issued for the dwelling.
2.2.5
That the land subject to the shoreline remediation plan will be maintained as a natural vegetated buffer.
- 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.
- 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.
- 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.
- 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.
- 0
This Agreement shall ensure to the benefit of and be binding upon the personal representatives, successors and assigns of the parties
IN WITNESS WHEREOF the 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:
CLA
WITNESS
MARGARET POTTS
THE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENAC Per:
RON VANDEWAL- MAYOR
ff/n^ /^r^hL^l ANGBUA MADDOCKS - CLERK
SCHEDULE"A" THE LANDS
PARTOFLOT25, CONCESSION6, PART1 OFPLAN13R-15577ANDPART 1 OFPLAN13R-21574, DISTRICTOF LOUGHBOROUGH, TOWNSHIPOF SOUTH FRONTENAC, COUNTY OF FRONTENAC MUNICIPAL ADDRESS 316KOENROAD
SCHEDULE"B" DRAWING LIST SITE PLAN DRAWINGS
SKETCH SHOWINGPROPOSEDDWELLINGON PART OF LOT 25, CONCESSION6, GEOGRAPHICTOWNSHIPOF LOUGHBOROUGH, TOWNSHIP OF SOUTH FRONTENAC, PREPARED BY HOPKINS CHITTY LANDSURVEYORS INC., DATEDAUGUST 10, 2020, SCALE 1:400 316 KOEN ROAD PROPOSEDSKETCH, PREPAREDBY CLAYTON POTTS, DATED JULY 1, 2020, FOURTH REVISION,SCALE NTS
On
Sketch Showing Proposed Dwelling PART OF LOT 25, CONCESSION 6
Geographic Township of Loughborough, TOWNSHIP OF SOUTH FRONTENAC COUIfTY of FRONTSNAC SCALE =. 1:400 ranetnn 0
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