Body: Council Type: By-law Meeting: Regular Date: 2021 Collection: By-laws Municipality: South Frontenac
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Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-03 BEINGA BY-LAWTO AUTHORIZE THE MAYOR AND THE CLERKTO EXECUTE A SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC AND PAUL SOUCIE. 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 Paul Soucie, a copy of which is attached hereto forming part of this By-law.
THAT the Agreement shall be registered on title of the property deschbed as Part Lot 8, Concession 5, District of Loughborough, Township of South Frontenac, Part 1 on Plan 13R18981.
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 26thday of JANUARY
Read a first and second time this 26th day of JANUARY, 2021. Read a third time and finally passed this 26th day of JANUARY, 2021. THE CORPORATIONOF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vande^al, Mayor
^fYtr^^h^ Angela Maddocks, Clerk
SITE PLANAGREEMENT
Madethis
Z^
dayof vJANuflR^_, 2021 BETWEEN: PAULSOUCIE
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, as well as a development agreement registered on the title of the Lands requires that the Owner enter into this agreement with the Municipality on the terms set out;
ANDWHEREAS the Municipality is authorized to enter into this agreement 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 in Schedule “B”.
- 1.2
That the uses on the subject property are limited to a single detached dwelling and accessory buildings and structures.
- 3
That the Owner is required to obtain a septic permit from the authority responsible for Part 8 of the Ontario Building Code. Any sewage system shall be located a minimum of 30 metres from the Top of Bank.
- 1.4
That the Owner may be required to obtain a permit from Cataraqui Conservation foranydevelopment orsite alteration, as perthe Ontario Regulation 148/06 Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses.
- 1.5
Thatthe dock location will be maintained as perthe Site Plan Drawing. The dock may be modified or replaced subject to all applicable approvals.
- 1.6
That construction and maintenance of the dock shall occur outside of
the timeframe when fish are spawning.
2. 2
Environmental Protection
2.2. 1
Thatthe land between the shoreline andto 15 metres back (inland) of
the Top of Bank must be maintained as a natural buffer with ’no
alteration of soil mantle or vegetation cover, except for the existing
walkway. There shall be no cutting of trees within the natural buffer area except for safety reasons or for the removal of deadtrees.
2.2.2
That the location of the walkway to gain access to the shoreline will
be maintained as per the Site Plan Drawing. The walkway shall be 2 metres or less in width. Thewalkwaymay be modified subject to all applicable approvals. Any modifications that incorporate a staircase must be designed by a qualified professional to ensure that the
installation and use of the structure will not aggravate the erosion hazard on the slope.
2.2.3
That erosion control measures (e. g. silt fence, straw bales) will be used during any 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.
2.2.4
That during and afterthe construction period there shall be no filling orfalse grading ofexcavated materials within 15 metres ofthe Top of Bank.
- 2.5
That roof runoff from the dwelling and any accessory buildings and structures will be directed awayfrom the Top of Bank and Sydenham Lake.
2.2.6
That the Owner is responsible to comply with the provisions of the Endangered Species Act, 2007. This could require the Owner to register an activity, get a permit or other authorization from the
Ontario Ministry ofthe Environment, Conservation and Parks prior to conducting an activity that could impact an endangered or threatened plant or animal or its habitat.
2.2.7
That the Owner shall provide the Municipality with confirmation of permission or other authorization from the Ontario Ministry of the Environment, Conservation and Parks to remove any Buttemut tree(s) described inthe Tree Reports attached hereto in Schedule"B" prior to the issuance of a building permit.
3.0
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
Ifthe Owner fails or refuses for any reason to comply with any requirements ofthis agreement, the Owner shall be in default and the Municipality may, on fifteen (IS)
days’notice, requiretheOwnertoremedythedefault,failingwhichthe Municipality
may, without further notice and without prejudice to any other rights and remedies availableto it, do such things and perform such work as is necessaryto rectil default. 5.0
Any account rendered bythe Municipality forwork done shall be paid bythe Owner
within thirty (30) days ofthe day of billing, and, if the Ownerfails 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 ofthis 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 enure to the benefit of and be binding upon the personal representatives, successors and assigns ofthe parties. INWITNESSWHEREOFthe Parties hereto have hereunto set their hands and seals as of the day and year first written above.
SIGNED, SEALEDAND DELIVERED In the ~\
WITNESS
PAUL SOUCIE
THE CORPORATIONOF THE TOWNSHIP OF SOUTH FRONTENAC Per
RON VANDEWAL- MAYOR
Q/nwM^n^iieck ANGEtA MADDOCKS- CLERK
SCHEDULE"A" OWNER’S LANDS Legal Description:
Part Lot 8, Concession 5, Part 1 on Plan 13R18981, District of Loughborough, Township of South Frontenac, County of Frontenac Municipal Address:
Georgia Lane
SCHEDULE"B" DRAWINGAND REPORTUST Site Plan Drawing
Georgia Lane Building Permit Application Plot Plan, Prepared by Hopkins Chitty Land Surveyors Inc., Dated December 17, 2020, Scale 1:1000
Tree Reports
Tree Assessment Report for Paul Soude at Georgia Lane, Sydenham, Ontario (Loughborough Concession Five, Part of Lot 8, RP13R18981 Part 1), Prepared by Weese Tree Preservation, Dated October 2, 2020
Buttemut Health Assessment Report for Paul Soude at Georgia Lane, Sydenham, Ontario (Loughborough Concession Five, Part of Lot 8, RP13R18981 Part 1), Prepared by Weese Tree Preservation, Dated November 30, 2020
THE ORIGINALOFALL PLANSLISTEDIN THIS SCHEDULEAND INCORPORATEDBY
REFERENCEINTOTHISAGREEMENTARE ON FILE IN THE OFFICEOFTHE SOUTH FRONTENCDEVELOPMENTSERVICESDEPARTMENTAND SHALLGOVERN IN THE EVENT OF ANY DISPUTE.
