Body: Council Type: By-law Meeting: Regular Date: 2022 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2022 By-laws/By-law 2022-74 - Site Plan Agreement - Unit 7, Level 1 Johnston Point -McDonald & Dobing.pdf)
Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-74 TO
BEING A BY-LAW TO AUTHORIZETHE MAYOR AND THE CLERK OF EXECUTE A SITE PLAN AGREEMENTBETWEENTHE CORPORATION AND MACDONALD THE TOWNSHIP OF SOUTH FRONTENAC AND BRENDA DAVE DOBING the WHEREAS a Site Plan and Site Plan Agreement have been prepared to satisfaction of the Township of South Frontenac;
NOW THEREFORE 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 Plan Agreement between the Corporation of the Township of South is Frontenac and Brenda MacDonald and Dave Dobing, a copy of which attached hereto forming part of this By—law. THAT the Agreement shall be registered on title of the property described 85 as Unit 7, Level 1, Frontenac Vacant Land Condominium Plan No. with together and to subject (Johnston Point) and its Appurtenant Interest; South of Easements as set out in Schedule A as in FC331360; Township Frontenac.
THIS By—|awshall come into force and effect in accordance with Section 41 of the Planning Act 1990, either upon the date of passage or as othen/vise provided by the said Section 41.
Dated at the Township
of South Frontenac
this 9*“day of August, 2022.
Read a first and second time this 9”‘day of August, 2022. Read a third time and finally passed this 9*“day of August, 2022.
THE CORPORATIONOF THE TOWNSHIP OF SOUTH FRONTENAC n.
Ron Vandewal,
Mayor
addocks,
Clerk
Angela
SITE PLAN CONTROLAGREEMENT
THIS AGREEMENTmade in triplicatethis 2022.
1I
day of
3 E: : S E
,
BETWEEN: BRENDA MACDONALD AND DAVE DOBING hereinafter called the “Owner”
and
FRONTENAC THE CORPORATION OF THE TOWNSHIP OF SOUTH hereinafter called the “Municipality”
lands WHEREAS the Owner is the registeredowner in fee simple of certain of South Township the in located hereto, attached “A”, describedin Schedule Frontenac (the “Owner’s Lands”); this agreement and AND WHEREAS the Municipalityis authorized to enter into 41 of the section to Lands pursuant Owner’s the register it against the title to Official Plan; Frontenac South of Township the of 6.17 section and Planning Act
2003-75 to designate all of AND WHEREASthe Municipalityhas passedby-lawNo. Area”; Control Plan “Site the Township of South Frontenac as a the Owner’s Lands are AND WHEREAS the Owner acknowledgesand agrees that the execution governedby a Master Site Plan Agreement, which agreement requires to permit order in Lands Owner’s of this individualSite Plan Agreement for the development;
that in consideration NOW THEREFORE, THIS AGREEMENT WITNESSETH agree each with the parties herein, of the mutual covenants and agreements contained the other as follows: in fee simple of the
- The Owner covenants that the Owner is the Owner Owner’s Lands describedin Schedule “A”, attached hereto.
the land described in 2. The obligationsimposedby this Agreement affect expressedherein run with covenants restrictive Schedule “A” hereto and any as well as the successors lands the said title to in successors the land and bind
and assigns of the Owner. the satisfaction of the 3. The Owner shall, at its sole risk and expense and to with this Site Plan accordance in Lands Owner’s Municipality,develop the construct, use, and shall and Plan Agreement Site Master Agreement and the of this maintain those facilities and works in accordance with the terms by incorporated hereby “B” are Agreement. The drawings listed in Schedule in file on are the Schedules of originals reference into this Agreement. The of any dispute. the of?ces of the Municipalityand shall govern in the event
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of this Agreement and 4. The following schedulesare attachedto, and form part altered or placed erected, be shall facility no new building, structure or other which schedules attached the with accordance in on the said land except consist of: a. LegalDescription of Lands; b. Site Plan Drawings and Reports; and of Approval. C. MunicipalConditions or deletions to the 5. The Owner shall complywith any amendments, additions after the date require reasonably Site Plan Drawings that the Municipalitymay orderly and the proper ensure of this Agreement in order to better of the works and development of the Owner’s Lands and the construction facilities requiredby this Agreement.
and subject to clause 8 6. Prior to the commencement of any construction, and approvalsrequiredby permits all other below, the Owner agrees to obtain jurisdiction. having any other agency or authority and agrees to develop the Owner’s Lands in Schedule“C” to this accordancewith those municipalconditions set out in Lands that is Owner’s the on Agreement. No development shall occur inconsistent with this Agreement.
- The Owner covenants
for any building permits for the 8. The Owner agrees that they shall not apply with the inconsistent: development of the Owner’s Lands that is 28, 2018 October on issued EnvironmentalBene?t Permit PT—C-001-16 to this pursuant undertaken work all and Permit”), Bene?t
(“Environmental
Site Plan Agreement shall be in conformity therewith.
recommends
Municipality a. The Owner acknowledgesthat the
and consulting a biologist in connection with the Site Plan with the compliance ensure to Lands Owner’s the development of the requirements of the registeredCondominiumAgreement, Permit. Bene?t CondominiumDeclarationand the Environmental the actual disturbedarea b. The Owner acknowledges and agrees that Bene?t the Environmental of terms the by calculation, which is limited into this incorporated and Owner the by calculated Permit, has been undertaken that site plan approvaland no development shall be exceeds the calculation.
Drawings and the Owner 9. All site servicing is indicated on the Site Plan shown thereon. Without setbacks all with comply covenants and agrees to that any well shall be limiting the generalityof the foregoing, the Owner agrees All well mark. located outside of the 40m setback from the highwater construction on restrictions constructionshallcomply with the general imposedby the EnvironmentalBene?t Permit. be in accordancewith the 10. Development of the Owner’s Lands shall Number CondominiumAgreement registeredon title as Instrument the event that In Point. FC329989and the Master Site Plan for Johnston Bene?t Environmental the this Agreement, there is any inconsistency between the Permit or the requirements of the CondominiumAgreement, of priorityby in order followed govern, shall Permit Bene?t Environmental the and this Site Plan Agreement, the Master Site Plan Agreement, inconsistency. CondominiumAgreement to the extent of any
shall not maintain or repair
- The Owner acknowledges that the Municipality gravellane (rightand will have no obligationto maintain or repair the private or provide to perform or of-way) that providesaccess to the Owner’s Lands
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with public highwayswithin
any other municipalservices normally associated
the entire length the Municipality.The Owner acknowledges and agrees that perpetuity. in unpaved remain shall lane of the private shall not be 12. The Owner acknowledgesand agrees that the Municipality services to the emergency other and ambulance, responsiblefor providing tire, made having vehicle, emergency the of Owner’s Lands if the operator of the condition the that determines circumstances, the in reasonable efforts the time, prevents roads or driveways as constructedor maintainedat the or exit the vehicle from being operatedproperlyor safely in order to access
Owner’s Lands.
shall not provide
- The Owner acknowledgesand agrees that the Municipality will be curbside waste disposalservices to the Owner’s Lands. Waste pickup recycling and garbage designated availableat the Township Road in a collection facilities. the facilities covered by
- In the event that the Owner fails to install or maintain or designate shall Services this Agreement, the Director of Development mail to the Owner to registered provideseven days written notice by pre-paid the de?ciencies corrected not has Owner the correct the de?ciencies. Where (7) days, the seven within de?ciencies the remedy to or taken meaningful steps without may, Municipality,through its employees, agents or contractors, to supplyall further notice, enter upon the Owner’s Landsand proceed in connection with works and materialsand to do all the necessary inspections of Vegetationor the replacement limitation the facilities, including without to charge the and areas buffer from removed been have other materialswhich expenses other and any cost thereof, together with the cost of engineering shall work and Such entry incurred by the Municipality,againstthe Owner. is It liabiity. of any Municipality the not be deemed as an assumption by not shall in possession person or any expresslyagreedthat the Owner labour, materialsor any questionthe cost incurred by the Municipalityfor shal be deemed other costs incidental to do the said work and this provision costs are such if p roceedings judicial to operate as an effective estoppel in that satis?ed is Municipality the Provided challengedor placedin question. de?ciencies the correcting towards progress the Owner is making meaningful noted, the Municipalitymay extend any deadline for compliance.
harmless the Municipality 15. The Owner hereby agrees to indemnify and save and costs demands claims, suits, against al actions, causes of action, including Agreement, this under matter an of Y whatsoever arising bY reason :3 or costs demands claims, suits, of action, causes actions, without imitation any maintenance or directly or indirectly related to the construction, use, operation inability the , to _ of the Private road s servin§ the Owner’s Lands,_ includin8 exit any or access to order in safely or properly vehicle emergency an operate at in Part to the condition of the roads or drivewa 3’s g‘‘ven unit due in whole or the time. _
_
'
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4
- Time shall be of the essence of this Agreement that may be agreedupon by the parties.
and of any extension of time
with the number of personnel 17. The Municipalitywill make reasonable efforts constructedin available to it to inspect the works and facilities to be but the Owner this Agreement, accordance with the Site Plan Drawings and agents and its servants, Municipality, the shall indemnify and save harmless indirectly or directly arising liability o r contractors from any responsibility from any failure or delay in completing such inspections. 18. The Owner hereby grants to the Municipality,its servants
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and contractors,
a
for the licence to enter the Owner’s Lands during normal operating hours arising work any and to perform facilities and the worlrs purpose of inspecting this Agreement under Owner the by default of result any from or the
incur any 19. It is the intent of this Agreement that the Municipalityshall not of obligation and every Lands Owner’s the of development the for expense the “at words the include to the Owner under this Agreement shall be deemed otherwise. stated expense of the Owner”, unless speci?cally
architectural,
- The Owner agrees to pay the legal, engineering,landscape the to planning and administrative costs incurred by the Municipality process this of the preparation limited to, not but Site Plan Drawings,including and inspection Agreement and all plans and specifications,and the supervision
of the Works. the Municipalityand 21. All invoices, costs and expenses received or incurred by of the Municipality’s days (30) payableby the Owner shall be paid within the Owner shall which failing Owner, the invoice or demand for payment to until payment default in continue shall and be in default under this agreement full. in made is interest plus all accrued at the same rate 22. Interest shall be paid by the Owner on all overdue amounts the Municipalitycharges on per annum and caculated in the same manner as first on overdue municipa, taxes and any payments received shall be applied amount outstanding the on then account of accumulatedinterest and at the Owner’s 23. The Owner consents to the registrationby the Municipality and, in Lands Owner’s the to title the expense of this Agreement against conditions and terms the of all Act, Planning the of accordancewith s. 41 (10) all and of this Agreement may be enforced against the Owner and any subsequent owners of the Owner’s Lands.
and the Site of 24. The Owner shall ensure that the requirements this Agreement and employees contractors, its Plan Drawings are brought to the attention of workers prior to the start of any construction. being joint and several 25. All covenants in this Agreement shall be construed as the singularnumber shall be or permits, and that, when the context so requires genderas if the masculine the a nd expressed, read as if the pluralwere feminine or neuter gender, as the case may he, were expressed.
releases the 26. The Owner covenants and agrees that nothing in this Agreement other by—laws all of Owner from the obligationto complywith the provisions effect. in be of the Municipalitythat may now or in future this Agreement shall, at the 27. Any dispute between the parties with respect to to the Arbitrations Act request of a party, he submittedto arbitration pursuant decision of a the one, than more if or, and the decision of the arbitrator the parties. on binding and ?nal majority shall be and shall share equallythe 28. Each party shall pay its own costs of the arbitration costs of the arbitrat0r(s). of this Agreement, is 29. The Owner agrees that if any section, clause or provision to be invalid the for any reason declaredby a Court of competent jurisdiction or any part whole a as same shall not affect the validity of the Agreement to be invalid declared so provision thereof, other than the section, clause, or sections, remaining the all that intention the be and it is hereby declared to and effect, force full in remain shall this of Agreement clauses or provisions to be notwithstanding that one or more provisionsthereof shall be declared
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30. This Agreement shall endure to and be binding upon their respectivesuccessors and assigns.
IN WITNESS WI-IEREOF the partieshereto this agreement as of the first date set out above.
the partieshereto, and
have by the hands and seals executed
SIGNED, SEALED AND DELIVERED:
THE CORPORATIONOF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal Mayor —
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SCHEDULE “A” LEGAL DESCRIPTION OF LANDS
CondominiumPlan No. 85 and its Unit 7, Level 1, Frontenac Vacant Land ther with Easements as set out in Schedule Appux-tenantInterest; subject to and toge A as in FC331360; Township of South Frontenac
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SCHEDULE“B” SITE PLAN DRAWINGS BY AND INCORPORATED IN THISSCHEDULE LISTED OF ALLPLANSAND REPORTS THE ORIGINAL FRONTENAC SOUTH THE OF OFFICE INTHE AREON FILE INTOTHISAGREEMENT REFERENCE OF ANYDISPUTE. AND SHALLGOVERNIN THE EVENT DEPARTMENT
SERVICES DEVELOPMENT
- Unit 7,]ohnston Point
—
IndividualSite Plan. Preparedby Concord
Engineering.Dated:August 3, 2022
- Lot Grading and Drainage Plan.
Preparedby ConcordEngineering.
Dated: August 3, 2022
Surveyors Inc., O.L.S. re Surveyors 3. Letter from Hopkins Chitty Land Dated: May 4, 2022 Point Certi?cate Unit 7 —]oh.nston
Point, Lot 7. on Johnston
- Speciesat Risk (SAR) Site Inspection
Services. Dated: March 22, 2022
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Ecological
SCHEDULE “C” MUNICIPAL CONDITIONS develop the Owner’s Lands in The Owner further covenants and agrees to accordancewith the following MunicipalConditions: 1.
and facilities in a good and The Owner agrees to construct all works according to the Municipality’s applicable, wotkmanlikemanner and, where
normal standardsand specifications.
to reduce dust, noise and The Owner agrees to take all reasonableprecautions development of the the during safety other nuisances and to ensure public requiredby this facilities and works the of Owner’s Lands and construction
Agreement. installing and maintaining all sediment and management practicesprior to and erosion controlsin accordancewith best
The Owner shall be responsiblefor during constructionactivities.
consistent with the lot grading The Owner agrees to undertake site alteration The lot gradingand and drainage plan approvedby the Municipality. Any deviation from the the plan. with drainage shall be maintainedconsistent be reviewedby the Municipal approvedlot gradingand drainage plan must work being started. Minor deviations Engineer or their designate prior to any Engineer in consultationwith the Director may be approvedby the Municipal be consideredmajor by the of Development Services. Should the deviation Services, an Development of MunicipalEngineer and the Director to be approvedby required be will amendment to the site plan agreement
Council. of 30 metres from any waterbody The driveway shallbe locateda minimum to ensure mitigativemeasures and shall be designedby a quali?edEngineer and reduce erosion. The driveway are appliedto direct stormwater runoff accordancewith the design approved shall be constructedand maintainedin by the Municipality.
Bene?t with the Environmental The Owner acknowledgesthat consistent may be cars for footprints Permit, driveways must remain unpaved,however
paved. of Hydro One NetworksInc prior The Owner agrees to obtain the approval services. hydro existing to connecting to or relocating conforms, at a minimum, to the The Owner shall ensure that all development following: Bene?t Permit; a. The Environmental 120 metres of the Provincially b. All development on the Lands within of the shoreline of Signi?cantWetlandsand within 50 metres Interference with LoughboroughLake is subject to the “Development, Regulation” Watercourses Wetlandsand Alterationto Shorelines and written obtain shall Owner (Ontario Regulation148/06). The Conservation permissionby obtaining a Permit from Cataraquilot grading, ?lling, (eg. development Authority prior to any alteration to the construction) taking place within the regulatedarea, of any Permit copy A wetland. shoreline and/or interference with a on the Owner’s occurring works for issuedby CataraquiConservation Municipality, the to Lands shall also be provided out in Schedule“E” of the c. All MunicipalConditions as set
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with the d. Exterior lighting shall be installed and maintainedconsistent which best practices Associations‘ InternationalDark Sky from adjacent includes directing any light emitted downwardsand away by completed be review will uses or the shoreline. An exterior lighting being certi?cate Township staff within 4 months of the occupancy under the issued for the dwelling and prior to the ?nal inspection Ontario Building Code; bene?t of using the shared e. The owners of Unit 7 shall have the that part of Unit 10 where the over tight-of~way the legal docking, together with Units walkway is constructedand will have exclusiveuse island located small element common 9, 12, 13 and 15 of the 0.31 ha 7 will be Unit of owners The 9. and 8 units south of and between island. element permittedadditionalshareddocking on this common f. No in—waterworks are permittedon Unit 7. No dock is permittedon Unit 7. driveway shall conform The location, dimensions and materialsfor the and shall not be Agreement this and to the CondominiumAgreement varied without further approvalfrom the Municipality; i.
shall be maintained
The 30 metre shorelinevegetation protection area retained, save only for in a natural state and all Vegetationshall be
invasive species;and to the not permittedto construct a walkway i. The owners of Unit 7 areand water not the shoreline; the shoreline shall be k. The 40 metre tree protectionsetback from removal of vegetation the maintainedin a natural state except for “B”. Schedule in listed shown on the Site Plan Drawings shall mark and stake the 50 The Owner agrees that an Ontario Land Surveyor the footprint of the stake mark and shall metre setback from the highwater of the building boundary the buildings and primary sewage system area within construction during in place remain shall envelope. These marks and staking or their Official Building Chief the by completed and until a ?nal inspectionis their or Building Official designate. It is acknowledgedthat the Chief by an Ontario Land con?rmed be setbacks other designate may request is consistent with the construction Surveyor as requiredin order to con?rm “B”. Site Plan drawing includedin Schedule 10.
identi?es a primary and The Owner acknowledgesthat the Site Plan agrees that there shall be alternative location for sewage systems. The Owner or any other garage pool, no constructionof a well, dwelling, driveway, or alternate the primary for reserved area structure or site gradingwithin the sewage system.
Level IV sewage treatment system The dwelling on this Unit is servicedby a (as defined by the Ontario Building Code). from the authority The Owner is requiredto obtain a sewage permit The Level IV sewage responsiblefor Part 8 of the Ontario Building Code. who is professional a installedby treatment system shall be designedand Act. Code Building qualifiedand certi?ed under the Ontario
with the Ontario The sewage system is to be maintainedin accordance The Owner shall enter Building Code Act and the manufacturer’sinstructions. maintenance providerfor the life a maintenance contract with an authorized contract must be provided maintenance of the system. A copy of the signed BuildingCode prior to Ontario the of 8 Part for to the authority responsible occupancy of the building being granted. The Owner is expectedto follow all instructions 00584944.DOCX:
providedby the installer and
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370.9
10
maintenance provider. The Level IV sewage treatment system effluent is to be sampledin accordance with the requirements of the Ontario Building Code Act. The Owner shall provide the Municipalityproof of maintenance occurring on an annual basis byjanuary 31 each year, including meresults of the annual samplingresults. Any deviation from the location and dimensions of the sewage system on the approved site plan in Schedule “B” shall be reviewed by the Chief Building Of?cial or their designateprior to any work being started. Minor deviations may be approved by the Chief Building Official or their designate in consultation with the Director of Development Services. Should the deviation be considered major by the Chief BuildingOfficial and the Director of Development Services, an amendment to the site plan agreement will be required. A major deviation to the location of the sewage disposal system shall be supportedby a Professional Engineer with expertise in the ?eld and approved by the Chief Buiding Official or their designate. Any deviation in the location and size of the sewage system must continue to meet the maximum disturbed area alocation for the Unit, consistent with the Master Point. Site Plan agreement for Johnston
Human Remains and ArchaeologicalResources
That in the event that deeplyburied archaeologicalremains are discovered during construction or site development of a lot, the Owner shall immediately contact the Township of South Frontenac Development Services Department and the Ministry of Tourism, Culture and Sport, and b. That in the event that human remains are discovered during construction or site development of a lot, Owner shallimmediately the Township of South Frontenac Development Services contact Department, the Ontario Provincial Police (OPP), the Ministry of Tourism, Culture and Sport and the Registrar or Deputy Registrar of the Cemeteries Unit of the Ministry of Consumer Services. c. That if during the process of development any archaeologicalresources or human remains of Aboriginal interest are encountered, the Owner shall immediatelycontact the Algonquinsof Ontario Consultation Office at:
a.
Algonquinsof Ontario Consultation Office 31 Riverside Drive, Suite 101 Pembroke, Ontario K8A 8R6 Telephone: (613) 735-3759 Fax: (613) 735-6307 email: algonquins@tanakiwin.com
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