Body: Council Type: By-law Meeting: Regular Date: 2021 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2021 By-laws/By-law 2021-27 - Site Plan Agreement - Marchildon and Smith.pdf)
Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021.27 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTEA SITE PLAN AGREEMENTBETWEENTHE CORPORATIONOF THE TOWNSHIP OF SOUTH FRONTENAC AND GUY MARCHILDON AND NICOLESMITH. WHEREAS a Site Plan and Site Plan Agreement have been prepared to the satisfaction of the Township of South Frontenac;
NOWTHEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENACBY ITS COUNCIL, HEREBYENACTSAS 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 Guy Marchildon and Nicole Smith, a copy of which is attached hereto forming part of this By-law. 2.
THAT the Agreement shall be registered on title of the property described
as Island 50, Part Lot 8, Concession 10, District of Bedford, Township of South Frontenac. 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 18thday of May, 2021. Read a first and second time this 18 day of May, 2021. Read a third time and finally passed this 18th day of May, 2021. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
SITE PLAN CONTROL AGREEMENT
THISAGREEMENTmadeintriplicatethis_Z<Alayof i/Wa
LJ
.
2021
BETWEEN: GUY MARCHILDONAND NICOLESMITH hereinafter referred to as the “OWNER'
OF THE FIRST PART
- and
THE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENAC
hereinafter referred to as 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”);
AND WHEREAS it was a condition of minor variance 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 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: 1.
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
- That development shall be in accordance with the Site Plan Drawir attached hereto in Schedule “B”.
1.2. Thatthe uses on the subject property are limited to a seasonal dwelling and accessory buildings and structures.
1.3. That the existing shed will be relocated as shown on the Site Plan Drawing prior to the issuance of an occupancy permit for the seasonal dwelling as per the Ontario Building Code.
1.4. TTiat the Owner may be required to obtain a permit from Cataraqui
Conservation for any development or site alteration proposed from the lake to within 15 metres of the top of bank, as per the Ontario Regulation
148/06 Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses.
- 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.
That construction and maintenance of the dock shall occur outside of the timeframe when fish are spawning.
Environmental Protection
2.2. 1.That the land between the shoreline and the seasonal dwelling must be maintained as a natural buffer with no alteration of soil “mantle or
vegetation cover, except for the maximum 1.5 metre wide paths shown on the Site Plan Drawing. There shall be no cutting of trees within the natural buffer area except for safety reasons or for the removal of dead trees.
- 2.2.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. 3. That during and after the construction period there shall be no filling or false grading of excavated materials within 25 metres of the highwater mark. The exception will be for allowance for landscaping materials for the final grade next to the dwelling.
- That stormwater management best practices shall be employed to reduce the energy of runoff from the plateau, including roof ru’noff from the dwelling and any accessory buildings and structures.
- 5.That the Owner is responsible to comply with the provisions of the Endangered Species Act, 2007.
Sections 9 and 10 of
the Endangered SpeciesAct provide protection for individual members of a species and their habitat if that species is listed on the Species at Risk
in1Ontariolist as extirpated, endangered or threatened. If an activity may
cause adverse impacts to a species at risk and/or their habitat.
authorization under the ESA may be required prior to conducting the activity.
Thisagreementshall be registered againstthetitle to the Landsbythe Ownerandthe Municipality shall be entitled to enforce its provisions againstthe Owner and any or all
subsequent owners of the Lands.
If the Owner faite or refuses for any reason to comply with any requirements of this !^mm’.. !t1.e?wn^rsha”. be in detault andthe Municipality may, on fifteen (15)~days'
n!^<ie:. xr.e^i-re_th.e_own?r t.? remecly the default, failing which the Municipality may,
withoutfurther notice andwithoutprejudice to anyother rightsand remedies availableto it, do such things and perform such work as is necessary to rectify the default. .
AnyaccounLrendered by the Mur1iciPality for work done shall be paid by the Owner withinthirty (30) daysofthedayofbilling, and, ifthe Ownerfailstopay,^nterestshall’ be
lhlr?t.ecl, ^,th.eamount, outst.an^.’ng auhe rate of one and one quarter”(i25%)“per
montte(15%pe1’annum)on thefirst dayofeach calendar month foilowing the’date Ihe acoou.nlwasdue-AnyPaymentsreceivedon accountsrenderedshall beapplied"firstto
any outstanding interest, which may have accrued, and the balance shall be aDDlied to reduce the principal amount outstanding.
6.
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 MunicipalAct.
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.
This Agreement shall enure to the benefit of and be binding upon the personal representatives, successors and assigns of the parties.
IN WITNESS WHEREOF the parties hereto have by the hands and seals executed this agreement as of the first date set out above.
SIGNED, SEALEDAND DELIVERED: THE CORPORATIONOF THE TOWNSHIP OF SOUTH FRONTENAC
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Ron Vandewal - Mayor
Angelai(Kdaddocks- Clerk
We have authority to bind the Corporation
t/
Guy Marchildon
Nicole Smith
SCHEDULE “A” OWNER’S LANDS Legal Description:
Island 50, Devil Lake, Part Lot8, Concession 10, District of Bedford, Township of South
Frontenac, County of Frontenac
SCHEDULE"B” DRAWINGAND REPORT UST
Site Plan Drawing
Sketch to Illustrate Proposed Building Location, Prepared by Hopkins Chitty Land Surveyors Inc., Dated September 23, 2020, Scale 1:500, Revised by Guy Marchildon and Received bythe MunicipalityApril 9, 2021
THE ORIGINALOFALLPLANS LISTED INTHIS SCHEDULEAND INCORPORATED BY REFERENCE INTOTHISAGREEMENTARE ON FILEINTHE OFFICE OFTHE SOUTH FRONTENC DEVELOPMENT SERVICES DEPARTMENT AND SHALL GOVERN IN THE EVENTOFANY DISPUTE.
