Body: Council Type: By-law Meeting: Regular Date: 2021 Collection: By-laws Municipality: South Frontenac
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-56 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 2290998 ONTARIO INC. FOR THE RETAINED PARCEL, CONSENT APPLICATION S-02-20-S 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 FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.
THAT the Mayor and the Clerk are hereby authorized to execute a Site
PlanAgreement between the Corporation ofthe Township of South Frontenac and 2290998 Ontario Inc. for the retained parcel from Consent
AppNcation S-02-20-S, a copy ofwhich is attached hereto forming part of this By-law.
THAT UieAgreement shall be registered on title ofthe property described as for Parts 4 to 14 on Plan 13R22179, Part of Lot 20, Concession 9,
Geographic Township of Pittsburgh, District of Storrington, Township of
South Frontenac. The agreement shall be maintained on the lands that form the retained parcel from Consent Application S-02-20-S. 3.
THIS By-law shall come into force and effect in accordance with Section
41 ofthe PlanningAct 1990, either upon the date of passage or as otherwise provided by the said Section 41.
Dated atthe Township of South Frontenac this 12thday of October, 2021. Read a first and second time this 12thday of October, 2021.
Read a third time andfinally passed this 12thday of October, 2021. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
CJ^Qad^ f^Mal^/^ 7
Angela Maddocks, Clerk
SITE PLAN CONTROL AGREEMENT
THISAGREEMENTmadeintriplicate this l^> dayof Q C\r>\oe^’ ,
BETWEEN: 2290998 ONTARIO INC. hereinafter referred to as the “OWNER” OF THE FIRST PART and -
THE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENAC
hereinafter referred to asthe “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 Site Plan Control By-law 2003-25 applies to lands within 90 metres of a
waterbodyandrequiresthattheOwnerenterintothissiteplanagreementwiththeMunicipality on the terms set out.
ANDWHEREASthe Municipality isauthorized to enter intothisagreement and register it against the title to the Lands pursuant to section 41 ofthe Planning Act;
NOWTHEREFOREWITNESSETH that in consideration ofthe mutual covenants and agreements contained herein, the parties agree each with the other as follows:
The Owner covenants that the Owner isthe Owner in fee simple of the Landsdescribed in Schedule “A” attached hereto.
The Owner covenants and agrees with the Municipality asfollows: 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 buildingsand structures.
- 1.3
That a single detached dwelling shall be located within the Building Envelope shown on the Site Plan Drawing.
2. 1.4
That any accessory buildings and structures shall not be placed within the required front yard and setback from the highwater mark.
- 5
That regarding the sewage disposal system: 2. 1. 5. 1
The area of the sewage disposal system shown on the Site Plan
Drawing shall be expressly reserved for a sewagedisposal system. 2. 1.5.2
The sewage disposal system shall be designed by a Professional Engineerwith expertise in the field, due to the complexity of the property and distance between the building envelope and location of the sewage disposal system.
- 1.5.3
Any deviation to the location of the sewage disposal system shall be supported bya Professional Engineerwith expertise in the field, and approved by the Chief Building Official.
- 5.4
Any deviation to the location of the sewage disposal system shall require the Owner to apply for, and enter into an amended agreement to be registered against the title of the Lands.
- 1.6
That the Owner shall comply with any amendments, additions or deletions
to the Site Plan Drawingthat the Municipality may reasonably require after the date ofthisAgreement in order to better ensure the proper and orderly development of the Owner’s Lands and the construction of the works and
facilities required bythis Agreement. The Director of Development Services shall confer with the Chief Administrative Officer, Senior Planner, Chief
Building Official, and Conservation Authority before considering any minor amendment to the site plan drawings and/or terms of this agreement. 2. 1.7
That the Owner agrees to take all reasonable precautions to reduce dust,
noise and other nuisances and to ensure public safety during the development of the Owner’s Lands and construction of the works and facilities required by this Agreement. 2. 1.8
That 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 ofthe top of bank, as per the Ontario Regulation 148/06 Development, Interference with Wetlands, and Alterations to Shorelinesand Watercourses.
- 9
That a dock may be permitted subject to all applicable approvals.
- 10 That construction and maintenance of a dock shall occur outside of the timeframe when fish are spawning. 2.2
Environmental Protection
2.2.1
That the land between the shoreline and the dwelling must be maintained as a natural buffer with no alteration of soil mantle or vegetation cover,
except for a maximum 1.5 metre wide path. There shall be no cutting of
trees within the natural buffer area except for safety reasons or for the removal of dead trees. Any structure (e. g. staircase) required to access the shoreline shall be designed by a qualified professional to ensure that the installation and use of the structure will not create or aggravate an erosion
hazard on the slope. Such structures may be permitted subject to all applicable approvals. 2. 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 runoff from the Building Envelope shown on the Site Plan Drawing shall be directed to the west into a natural depression per the Hutchinson Analysis to Determine Shoreline Setbacks: Christel Lane Severance attached hereto in Schedule “B”.
2.2.4
That there shall be no filling or false grading of excavated materials within 30 metres of the highwater mark. The exception will be for allowance for
landscaping materials for the final grade next to the dwelling. 2.2.5
That the Owner is responsible to comply with the provisions of
the Endangered Species Act, 2007. Sections 9 and 10 of the Endangered Species Act provide protection for individual members of a species and their habitat if that species is listed on the Speciesat Risk in Ontario list 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. 2.2.6
That there shall be no no tree clearing during the breeding bird season
(April 15to August 15),unless it hasbeenconfirmed bya qualified biologist that birds are not nesting in the trees that need to be removed. This is to
avoid a possible contravention of the Migratory Birds Convention Act. 2.2.7
That there shall be no tree clearing, and especially clearing of dead trees, during the bat roosting season (April 15 to Sept. 15), unless it has been confirmed by a qualified biologist using either exit surveys or acoustic surveys that bats are not roosting in the trees that need tQ be removed.
This isto avoid a possible contravention ofthe Endangered SpeciesAct. 2.3
Lot Grading and Drainage 2. 3.1
That prior to the Municipality issuing a building permit for the construction of a single detached dwelling and sewage disposal system on the Lands,
the Owner shall provide a Grading and Drainage Plan prepared by a licensed Ontario Land Surveyor or a Professional Engineer that addresses at a minimum and without limitation, locations of building(s), well and sewage disposal system, as well as existing and proposed grades and
drainage patterns, to the satisfaction ofthe Municipal Engineer. 2.3.2
That the Owner is required to submit a grading security (deposit) in the amount of $3,000 prior to the issuance of a building permit. The security shall be released upon the approval ofa certificate stamped bythe Owner’s
Engineer confirming that grading generally conforms to the Grading and
Drainage Plan. If the Municipal Engineer rejects a lot grading certificate, the cost for anyfurther review shall be deducted from the deposit. 2.4
Limited Services
2.4. 1 That the Municipality does not maintain or repair and will have no
obligation to maintain or repairthe private lane that provides accessto the Lands or to perform or provide any other municipal services normally associated with public highways within the Municipality.
2.4.2 Thatthe Municipalityshall not be responsiblefor providingfire, ambulance and other emergency services to the Lands if the operator of the emergency vehicle, having made reasonable efforts in the circumstances,
determines that the condition of the private lanes or driveways as constructed or maintained at the time, prevents the vehicle from being operated properly or safely in order to access or exit the Lands.
2.4. 3 That the Owner hereby agrees to indemnify and save harmless the Municipality against all actions, causes of action, suits, claims, demands
and costs whatsoever arising by reason of any matter under this Agreement, including without limitation any actions, causes of action, suits,
claims, demands or costs directly or indirectly related to the construction, use, operation or maintenance ofthe private lane, including the inability to operate an emergency vehicle properly or safely in order to access or exit
the Lands due in whole or in part to the condition of the private lanes or driveways at the time. 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
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 bythe Municipality for work done shall be paid bythe Owner within
thirty(30)daysofthedayofbilling,and,iftheOwnerfailsto pay, interestshall becharged 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 haveaccrued, and the balanceshall beapplied 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 necessaryto fulfill anycondition ofthisagreement, andall costs incurred bythe Municipality in connection with the preparation, execution, registration or enforcement ofthis Agreement shall be paid bythe Owner.
8.0
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
TOWNSHIPOF SOUTH FRONTENAC
-»
Ron Vandewal - Mayor
^ii. nnr^/rh^ ela Maddocks - Clerk
We have authority to bind the Corporation 2290998 ONTARIO INC.
/QJ
irtha Beach - President
/ have authority to bind the Corporation
SCHEDULE"A"
OWNER’S LANDS Legal Description: Part of PlN36288-0771
PT LT 20 CON 9 STORRINGTON PTS 4, 5, 6, 7 & 8 on Reference Plan 13R22455
SCHEDULE"B" DRAWINGAND REPORT LIST
Site Plan Drawing
Site Plan, prepared by Pinchin, dated September 2021
Report
Hutehinson Analysis to Determine Shoreline Setbacks: Christel Lane
Severance, prepared by Ecological Services, dated March 18, 2021 Report
Species at Risk EIA, Christel Lane Severances on Dog Lake, prepared by Ecological Services, dated August 22, 2021
THE ORIGINAL OF ALL PLANS LISTED IN THIS SCHEDULEAND INCORPORATED BY REFERENCE INTOTHISAGREEMENTARE ON FILEIN THE OFFICEOFTHE SOUTH FRONTENAC DEVELOPMENTSERVICES DEPARTMENT AND SHALL GOVERN IN THE EVENTOF ANY DISPUTE.
