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 2020-52 - Site Plan Agreement -1 0 Barrett Lane - Bumstead & Kratzer.pdf)


Document Text

TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-52 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 Jeffrey Bumstead and Mary Kratzer.

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 ENACTSAS 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 Jeffrey Bumstead and Mary Kratzer, 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 1, Concession 12, Parts 10 to 12 on Plan 13R3809, District of Bedford, Township of South Frontenac, municipally known as 10 Barrett 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 6thday 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 Vahdewal, Mayor

Angela Maddocks, Clerk

SITE PLAN AGREEMENT Made this

1^

day of

Oe. ivii^

2020

BETWEEN: JEFF BUMSTEADand MARY KRATZER 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”);

ANDWHEREASit was a condition of minorvariancethat the Ownerenter intothis site plan agreement with the Municipality on the terms set out;

ANDWHEREAStheMunicipalityisauthorizedtoenterintothisagreementandregisteritagainst the title to the Landspursuant to section 41 ofthe PlanningAct;

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. 1

General

    1. 1

That development shall be in accordance with the Site Plan Drawing,

  1. 1.2

That the uses on the subject property are limited to the single

attached hereto as Schedule “B”.

detached dwelling. 2. 1.3

ThattheOwneris required to obtain a septic permitfrom theauthority

responsible for Part 8 of the Ontario Building Code. Any Class 4 sewage treatment system with tertiary treatment (as defined in the

Ontario Building Code) proposed for the property will be designed and installed by a professional who is qualified and certified by the Ontario Building Code Act. 2. 1.4

That the Owner is responsible for having the effluent of any Class 4 sewage treatment system with tertiary treatment sampled in

accordancewith the requirements ofthe Ontario Building Code Act.

  1. 1.5

That the Ownershall be responsible to maintain any Class 4 sewage

treatment system with tertiary treatment (as defined in the Ontario

Building Code) installed on the property in perpetuity. The system is to be maintained in accordance with the Ontario Building Code Act and the manufacturer’s instructions.

The Owner will enter into a

maintenance and service agreement with an authorized representative of the manufacturer of the septic treatment unit for the life of the

system. The Owner shall provide the Municipality with proof of a valid and current agreement prior to occupancy. The Owner shall provide the Municipality proof of maintenance occurring on an annual basis by January 31 each year. 2. 1.6

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. 1.7

  2. 1.8

That the dock location will be maintained as per the Site Plan Drawing. The dock may be modified or replaced subject to all applicable approvals. Construction and maintenance of the dock shall occur outside of the

timeframe when fish are spawning. 2.2

Environmental Protection

    1. 1

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. 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 Buck Lake. The exception will be for allowance for landscaping materials for the final grade next to the dwelling.

    1. 3

That the existing septic system will be properly decommissioned.

2.2.4

That roof runoff from the dwelling will be directed away from the shoreline of Buck Lake and discharged into rainwater infiltration trenches (or similar) or onto coarse rock rubble splash pads.

2.2.5

That a shoreline remediation plan will be prepared. The purpose of the plan is to create and enhance the natural vegetative buffer within

30 metres of the high water mark of Buck Lake. The plan shall be reviewed by the Township 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 construction approved through application MV-08-20-B.

2.2.6

That the land subject to the shoreline remediation plan will be maintained as a natural vegetated buffer.

  1. 0

This agreement shall be registered against the title to the Lands by the Owner 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.

  1. 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 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:

WITNESS

ft^_ /1fTs«A WITNESS

JEFF BUMSTEAD

~~^^pf<U^j^ MARY KRATZER

THE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENAC Per: .

^s^^^s^ RON VANDEWAL - MAYOR

ANGELAMADDOCKS- CLERK

SCHEDULE"A" THE LANDS

PART LOT1. CONCESSION 12, PARTS 10TO 12 ONPLAN 13R3809, DISTRICTOFBEDFORD, TOWNSHIPOF SOUTH FRONTENAC, COUNTYOF FRONTENAC MUNICIPALADDRESS 10BARRETTLANE

SCHEDULE"B" DRAWINGLIST SITE PLAN DRAWING

10 BARRETT LANESITE PLAN, PREPARED BY GROUNDWORK

ENGINEERINGLIMITED,REVISIONNo. 2, DATEDSEPTEMBER28, 2020, SCALE 1:500

*

BU 1 -' TOP OF SB ELE:14Z. 48ro

\

  1. 80i-BW

t-

County Soad 10 ftnoun aa Psflh floa«U

IF REQUIRED

l(l. 2Sm-f_ __ __ __ _:=64, 37ms

.

DIVERT SURFACE

PROPERTY UNE

WlTER AROUND

RAINWATEfe

DISPERSAL BED

PROPOSED

PROPOSED TYPE

BW-1139.40

LOCATION PROPOSED TYPE A

TBENCH /'

RETAINING WALL

DISPERSAL BED

BEDROOM

DWELLING75m2

CLASS 4, LEVEL 4 SEWAGE TREATMENT UNIT

DISpERSAL BED

FF=139. 86 BFF=137. 00

  1. 1%na

PROPOSEDrBBlUNINGWALL

-’^T-^ipppT rr

-25. 98^‘S 727. 18

PROPOSED

386DROOM “EU.WsS,

INFILTEATION

.

“ti-

RAINWATER INFILTRATION

RAINWATER EXISTING SHED

INFILTRATION TRENCH

“-TO BE BEMOVED WATER PUMP DEUVBBS WATER

,

DETAILS OF DEVELOPMENT

SITE PLAN SCALE 1:f®

DATA

FROM LAKE TO COTTAGE

& PARKING AREA

LEACHING BED LATERALS, BIOUAT

TO BE REMOVED

& SEPTIC TANK AT APPROVED RECEIVING FACILITY

-19mm» CLEAN STONE

SILT FENCE AS PER . OPSD; 219.110 FLOATING DOCK I

REINSTATE DISTURBED AREAS WTTH OSC LOV MAINTENANCE ECO Wtf SEED OR EQUIVALENT. AREA TO INCLUDE

-100mm» PERFORATED HOPE DRAINAGE PIPE WITH FILTER SOCK -150mm SAND FILTER

Buck Lake

NATURAL VEGETATIVE BUFFER

BEDROCK

(South Branch,)

ilNFILTRATION TRENCH DETAIL SCALE:NTS

1 SITE PLAN

LAKE WATERS EDGE

^

EXISTING COTTAGE

REMOVE AND DISPOSE OF EXISTING

15m SETBACK FROM

-150mm TOPSOIL d SEED )N WOVEN GEOTEXTILE TERRAFIX 270R OR EQUIVM.ENT

SCALE-f:58(T

A.

Groundwork Engineering

DrawingTitle:

Cltont / Land Owner;

JEFF8. MARYBUMSTEAD

Drawn by:

JH

Checked By:

MB

Limited Project;

UNIT640 - 654 NORRISCOURT KINGSTON, ONTARIO

OFFICE(613) 634-1789

Project Numbw

10BARRETTLANE SOUTH FRONTCNAC

GW-20002-5 ONTARIO

DrawingNumber:

C-103

Scale:

PROVIDED

ZONING (RLWS) LIMITEDSERVICERESIDENTIALWATERFRONTZONE 15m SETBACKS 43. 22m FY(MIN) FORSINGLE 3m INT.SY(MIN) 27. 18m DETACHED 10m NA EXT.SY(MIN) DWELLING WATERBOOY(MIN)! WATERBODY (MIN)I NET LOTAREA(MIN)

DECK

LOT COVERAGE (MAX) BUILDING HEIGHT (MAX) GROSS FLOOR AREA (MIN) PARKING;

  1. 2m

  2. 2m

15m

15m

5.094m2 5%

5,094 m2

11m

  1. 89m

59m2

114m-

  1. 25%

» OF SPACES

REVISIONS No.

SITEPLAN

REQUIRED

Description

Date

ISSUED FOR REVIEW

SEPT 25, 2020

ROTATED INFILTRATION TRENCH

SEPT28, 2020

AS NOTEO

Date:

SEPT a, 2020

SHEET lofl

P:\PrB]wta\20000\200Ca

1:42

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