Body: Council Type: By-law Meeting: Regular Date: 2022 Collection: By-laws Municipality: South Frontenac
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-75 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 DAVID AND ASHLEY LOGAN WHEREAS a Site Plan and Site Plan Agreement have been prepared to the 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 Frontenac and David and Ashley Logan, 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 Unit 10, Level 1, Frontenac Vacant Land Condominium Plan No. 85 (Johnston Point) and its Appurtenant Interest; subject to and together with Easements as set out in Schedule A as in FC331360; Township of South Frontenac.
THIS By—lawshall come into force and effect in accordance with Section 41 of the Planning Act 1990, either upon the date of passage or as othenNise provided by the said Section 41.
Dated at the Township of South Frontenac Read a first and second
this 9”‘day of August, 2022.
time this 9”‘day of August,
Read a third time and finally passed this 9”‘day of August, 2022. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal,
Mayor
Angela Maddocks, Clerk
—mum
SITE PLAN CONTROL AGREEMENT
TI-HS AGREEMENT made in triplicate this
E day of EE:L
(A-5
I:
BETWEEN: DAVID AND ASHLEY LOGAN hereinafter called the “Owner”
THE CORPORATION
OF THE TOWNSHIP
and
OF SOUTH FRONT ENAC
hereinafter called the “Municipality”
WHEREAS the Owner is the registered owner in fee simple of certain lands described in Schedule “A”, attached hereto, located in the Township of South Frontenac (the “Owner’s Lands”);
AND WHEREAS the Municipalityis authorized to enter into this agreement and register it against the title to the Owner’ s Lands pursuant to section 41 of the Planning Act and section 6.17 of the Township of South Frontenac Of?cial Plan; AND WHEREAS the Municipalityhas passed by-law No. 2003-75 to designate all of the Township of South Frontenac as a “Site Plan Control Area”; AND WHEREAS the Owner acknowledges and agrees that the Owner’s Lands are governed by a Master Site Plan Agreement, which agreement requires the execution of this individual Site Plan Agreement for the Owner’s Lands in order to permit
development; NOW THEREFORE, THIS AGREEIVIENTW/ITNESSETHthat 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 obligationsirnposed by this Agreement affect the land desciibed in Schedule “A” hereto and any restrictive covenants expressedherein run with the land and bind successors in title to the said lands as well as the successors and assigns of the Owner. The Owner shall, at its sole risk and expense and to the satisfaction of the Municipality,develop the Owner’s Lands in accordance with this Site Plan Agreement and the Master Site Plan Agreement and shall construct, use, and maintain those facilities and works in accordance with the terms of this Agreement The drawings listed in Schedule “B” are hereby incorporated by reference into this Agreement. The originalsof the Schedules are on ?le in the offices of the Municipalityand shall govern in the event of any dispute.
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4. The following schedules are attached to, and fonn part of this Agreement and no new building, structure or other facility shall be erected, altered or placed on the said land except in accordance with the attached schedules which
consist of: a.
LegalDescription of Lands;
b. Site Plan Drawings and Reports; and c. Municipal Conditions of Approval. 5. The Owner shall comply with any amendments, additions or deletions to the Site Plan Drawings that the Municipalitymay reasonablyrequire after the date of this Agreement in order to better ensure the proper and orderly development of the Owner’s Lands and the construction of the works and
facilities required by this Agreement. of any construction, and subject to clause 8 6. Prior to the commencement below, the Owner agrees to obtain all other permits and approvals required by any other agency or authority having jurisdiction. and agrees to develop the Owner’s Lands in accordance with those municipal conditions set out in Schedule “C” to this Agreement. No development shall occur on the Owner’ s Lands that is inconsistent with this Agreement.
The Owner covenants
The Owner agrees that they shall not apply for any building permits for the development of the Owner’s Lands that is inconsistent with the issued on October 28, 2018 Environmental Bene?t Permit PT-C—OO1-16 (“Environmental Bene?t Pennit”), and all work undertaken pursuant to this Site Plan Agreement shall be in conformity therewith.
The Owner acknowledgesthat the Municipalityrecommends consulting a biologist in connection with the Site Plan and development of the Owner’s Lands to ensure compliancewith the requirements of the registered Condominium Agreement, the Condominium Declaration and the Environmental Bene?t Permit. b. The Owner acknowledges and agrees that the actual disturbed area calculation, which is limited by the terms of the Environmental Bene?t Permit, has been calculated by the Owner and incorporated into this site plan approval and no development shall be undertaken that exceeds the calculation. a.
- All site servicing is indicated on the Site Plan Drawings and the Owner and agrees to comply with all setbacks shown thereon. VV1thout covenants limiting the generalityof the foregoing, the Owner agrees that any well shall be located outside of the 40m setback from the highwater mark. All well
construction shall comply with the generalrestrictions on construction imposed by the Environmental Bene?t Permit 10. Development of the Owner’s Lands shall be in accordance with the Condominium Agreement registered on title as Instrument Nuinber FC329989 and the Master Site Plan for]ohnston Point. In the event that there is any inconsistency between this Agreement, the Environmental Bene?t
Permit or the requirements of the Condominium Agreement, the Environmental Bene?t Permit shall govern, followed in order of piioiity by this Site Plan Agreement, the Master Site Plan Agreement, and the Condominium Agreement to the extent of any inconsistency. 11. The Owner acknowledges that the Municipalityshall not maintain or repair and will have no obligation to maintain or repair the private gravel lane (rightof-way) that provides access to the Owner’s Lands or to perform or provide
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my other municipal services normally associated with public highways within the Municipality.The Owner acknowledges and agrees that the entire length of the private lane shall remain unpaved in perpetuity.
- The Owner acknowledgesand agrees that the Municipalityshall not be responsible for providing ?re, ambulance, and other emergency services to the Owner’s Lands if the operator of the emergency vehicle, having made reasonable efforts in the circumstances, determines that the condition of the roads 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 Owner’s Lands.
- The Owner acknowledgesand agrees that the Municipalityshall not provide curbside waste disposal services to the Ownefs Lands. Waste pickup will be
available at the Township Road in a designatedgarbage and recycling collection facilities. 14. In the event that the Owner fails to install or maintain the facilities covered by this Agreement, the Director of Development Services or designate shall provide seven days written notice by pre—paidregistered mail to the Owner to correct the de?ciencies. VVherethe Owner has not corrected the de?ciencies days, the or taken meaningful steps to remedy the deficiencies within seven without or its may, contractors, Municipality,through employees, agents further notice, enter upon the Owner’s Lands and proceed to supply all materials and to do all the necessary inspections and works in connection with the facilities, including without limitation the replacement of vegetation or other materials which have been removed from buffer areas and to charge the cost thereof, together with the cost of engineeringand any other expenses incurred by the Municipality,against the Owner. Such entry and work shall not be deemed as an assumption by the Municipalityof any liability. It is expresslyagreed that the Owner or any person in possession shall not question the cost incurred by the Municipalityfor labour, materials or any other costs incidental to do the said work and this provision shall be deemed to operate as an effective estoppel in judicialproceedingsif such costs
are
challengedor placed in question. Provided the Municipalityis satis?ed that the Owner is making meaningful progress towards correcting the de?ciencies noted, the Municipalitymay extend any deadline for compliance. 15. 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 of the private road(s) serving the Owner’s Lands, including the inability to operate an emergency vehicle properly or safelyin order to access or exit any given unit due in whole or in part to the condition of the roads or dnveways at
the time. 16. Time shall be of the essence of this Agreement and of any extension of time that may be agreed upon by the parties.
- The Municipalitywill make reasonable efforts with the number of personnel available to it to inspect the works and facilities to be constructed in accordance with the Site Plan Drawings and this Agreement, but the Owner shall indemnify and save harmless the Municipality, its servants, agents and from any responsibilityor liability arisingdirectlyor indirectly contractors from any failure or delay in completing such inspections.
- The Owner hereby grants to the Municipality,its servants
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and contractors,
a
licence to enter the Owner’s Lands during normal operating hours for the purpose of inspecting the works and facilities and to perform any work arising from or the result of any default by the Owner under this Agreement. 19. It is the intent of this Agreement that the Municipalityshall not incur any expense for the development of the Ovmer’s Lands and every obligation of the Owner under this Agreement shall be deemed to include the words “at the expense of the Owner”, unless specificallystated otherwise.
- The Owner agrees to pay the legal,engineering,landscape architectural, planning and administrative costs incurred by the Municipalityto process the Site Plan Drawings,includingbut not limited to, the preparation of this Agreement and all plans and speci?cations, and the supervision and inspection of the Works.
- All invoices, costs and expenses received or incurred by the Municipalityand payable by the Owner shall be paid within thirty (50) days of the Municipality’s invoice or demand for payment to the Owner, failing which the Owner shall be in default under this agreement and shall continue in default until payment plus all accrued interest is made in full.
. Interest shall be paid by the Owner on all overdue amounts at the same rate per annum and calculated in the saine manner as the Municipalitycharges on overdue municipal taxes and any payments received shall be applied first on account of accumulated interest and then on the outstanding ainount to the registrationby the Municipalityat the Owner’s expense of this Agreement against the title to the Owner’s Lands and, in accordance with s. 41 (10) of the Planning Act, all of the terms and conditions of this Agreement may be enforced against the Owner and any and all subsequent owners of the Owner’ s Lands.
. The Owner consents
- The Owner shall ensure that the requirements of this Agreement and the Site Plan Drawings are brought to the attention of its contractors, employees and workers prior to the start of any construction.
in this Agreement shall be construed as being joint and several and that, when the context so requires or permits, the singular number shall be read as if the plural were expressed,and the masculine gender as if the feminine or neuter gender, as the case may be, were expressed.
All covenants
The Owner covenants and agrees that nothing in this Agreement releases the Owner from the obligation to comply with the provisions of all other by-laws of the Municipalitythat may now or in future be in effect
Any dispute between the parties with respect to this Agreement shall, at the request of a party, be submitted to arbitration pursuant to the Arbitrations Act and the decision of the arbitrator or, if more than one, the decision of a majority shall be final and binding on the parties.
Each party shall pay its own costs of the arbitration and shall share equallythe costs of the arbitrator(s).
The Owner agrees that if any section, clause or provision of this Agreement, is for any reason declared by a Court of competent jurisdiction to be invalid the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the section, clause, or provision so declared to be invalid and it is hereby declared to be the intention that all the remaining sections, clauses or provisions of this Agreement shall remain in full force and effect, notwithstanding that one or more provisions thereof shall be declared to be invalid. T
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30. This Agreement shall endure to and be binding upon the parties hereto, and
their respective successors and assigns.
IN WITNESS WI-IEREOF the parties hereto have by the hands and seals executed this agreement as of the first date set out above.
SIGNED, SEALED AND DELIVERED:
TI-IE CORPORATION OF THE TOVVNSI-HP OF SOUTH FRONTENAC
Ron
andewal
Angela
Mayor
ddocks
—
Clerk
We haveaw‘/Jariyto bind t/ye Cogparalion
ASI-ILEY LOGAN
DAVID LOGAN
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SCHEDULE LEGAL DESCRIPTION
“A”
OF LANDS
Unit 10, Level 1, Frontenac Vacant Land Condominium Plan No. 85 and its Appurtenant Interest; subject to and together with Easements as set out in Schedule A as in FC331360; Township of South Frontenac
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SCIIEDULE
“B”
SITE PLAN DRAWINGS THEORIGINALOF ALLPLANSAND REPORTSLISTEDIN THIS SCHEDULEAND INCORPORATEDBY INTOTHISAGREEMENT AREON FILEIN THEOFFICEOF THESOUTH FRONTENAC REFERENCE DEVELOPMENTSERVICESDEPARTMENTAND SHALLGOVERN IN THE EVENTOF ANY DISPUTE.
- Unit 10, JohnstonPoint Site Plan and Lot Line Setbacks. Prepared by On Point Drafting and Survey. Dated: August 4, 2022 —
Unit 10,]ohnston Point Detailed Lot Grading Plan. Prepared by On Point Drafting and Survey. Dated: August 4, 2022 —-
Letter from IN Engineering + Surveying, O.L.S. re Surveyors Certificate Job #1 1235. 4. Con?rmation of No Clearing / Site Disturbance Unit 10. Prepared by ZanderPlan Inc. Dated May 26, 2022.
Memorandum Septic Location for Unit 10. Prepared by Stephen Roach. P.Eng. Dated June23, 2022.
- Natural Hentage Site Inspection on JohnstonPoint, Lot 10. Ecological Services. Dated: June27 2022.
- Natural Heritage Site Inspection onjohnston Point, Lot 10. Ecological Services. Dated: July 26 2022.
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SCHEDULE “C” MUNICIPAL CONDITIONS and agrees to develop the Owner’ s Lands in The Owner further covenants accordance with the following Municipal Conditions: 1.
The Owner agrees to construct all works and facilities in a good and workmanlike manner and, where applicable,according to the Municipality’s normal standards and speci?cations.
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.
The Owner shall be responsible for installing and maintaining all sediment and erosion controls in accordance with best management practices prior to and during construction activities. The Owner agrees to undertake site alteration consistent with the lot grading and drainageplan approved by the Municipality. The lot grading and drainage shall be maintained consistent with the plan. Any deviation from the approved lot grading and drainage plan must be reviewed by the Municipal Engineer or their designateprior to any work being started. Minor deviations may be approved by the MunicipalEngineer in consultation with the Director of Development Services. Should the deviation be considered major by the MunicipalEngineer and the Director of Development Services, an ainendment to the site plan agreement will be required to be approved by Council.
The driveway shall be located a minimum of 30 metres from any waterbody and shall be designed by a quali?ed Engineer to ensure mitigativemeasures runoff and reduce erosion. The driveway are applied to direct storrnwater shall be constructed and maintained in accordance with the design approved by the Municipality. The Owner acknowledges that consistent with the Environmental Bene?t Permit, drivewaysmust remain unpaved, however footprints for cars may be
paved. ,-
he Owner agrees to obtain the approval of Hydro One Networks Inc prior
to connecting to or relocating existinghydro services. r
he Owner shall ensure that all development conforms, at a minimum, to the
following a Tie Environmental Bene?t Permit; b. Al development on the Lands within 120 metres of the Provincially Signi?cant Wetlands and within 50 metres of the shoreline of Loughborough Lake is subject to the “Development, Interference with We?mds and Alteration to Shorelines and W/atercourses Regulation” (Ontario Regulation 148/ 06). The Owner shall obtain written permission by obtaining a Permit from Cataraqui Conservation Authority prior to any development (e.g. ?lling, lot grading, construction) taking place within the regulatedarea, alteration to the shoreline and/or interference with a wetland. A copy of any Permit issued by Cataraqui Conservation for works occurring on the Owner’s Lands shall also be provided to the Municipality;
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All Municipal Conditions as set out in Schedule “E” of the Condominium Agreement; cl. Exterior lighting shall be installed and maintained consistent with the International Dark Sky Associations’ best practices which includes directing any light emitted downwards and away from adjacent uses or the shoreline. An exterior lighting review will be completed by Township staff within 4 months of the occupancy certi?cate being issued for the dwelling, e. The location, materials and dimensions for docks and pathways shall conform to the Condominium Agreement and this Agreement and shall not be varied without ?irther approval from the Municipality; f. Jointuse docks may be constructed on Unit 10 to provide shared docking for the owners of Units 7, 9, 12, 13 and 15. The joint use docks must be ?oating, cantilever or pole docks and be constructed so they do not interfere with navigation and shall conform with the applicablezoning for docks. Only one (1) dock shall be permitted to service Unit 10, and all other existing docks shall be removed. The surface area of the dock located on Unit 10 may not exceed 20 m2 and its length shall not exceed 8 m; h. ln—waterworks, such as construction and maintenance of a dock, shall comply with the applicable Federal or Provincial in-water work timing restriction windows for fish spawning and turtle nesting. Any required pennits shall be obtained by the Owner; i. The location, dimensions and materials for the driveway shall conform to the Condominium Agreement and this Agreement and shall not be varied without further approval from the l/lunicipality; j. Tue 30 metre shoreline vegetation protection area shall be maintained in a natural state and all vegetation shall be retained, save only for invasive species, and the 1.5m wide pathway to the shoreline; and k. Tue 40 metre tree protection setback from the shoreline shall be maintained in a natural state except for the removal of vegetation shown on the Site Plan Drawings listed in Schedule “B”. c.
The Owner agrees that an Ontario Land Surveyor shall mark and stake the 40 and 50 metre setback from the highwater mark and shall stake the footprint of the buildings and priinary sewage system area within the boundary of the building envelope. These marks and staking shall remain in place during construction and until a ?nal inspection is completed by the Chief Building Official or their designate. It is acknowledgedthat the Chief Building Official or their designate may request other setbacks be con?nned by an Ontario Land Surveyor as required in order to con?rm construction is consistent with the Site Plan drawing included in Schedule “B”.
The Owner acknowledges that the Site Plan identifies a primary and alternative location for sewage systems. The Owner agrees that there shall be no construction of a well, dwelling,driveway, pool, garage or any other structure or site grading within the area reserved for the primary or alternate sewage system.
The dwellingon this Unit is serviced by a Level IV sewage treatrnent (as defined by the Ontario BuildingCode).
system
be Owner is required to obtain a sewage permit from the authority responsible for Part 8 of the Ontario Building Code. The Level IV sewage treatment system shall be designed and installed by a professionalwho is quali?ed and certified under the Ontario Building Code Act
r
The sewage system is to be maintained in accordance with the Ontario Building Code Act and the manufacturer’s instructions. The Owner shall enter 0O584944.DOC)C
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a maintenance contract with an authorized maintenance provider for the life of the system A copy of the signed maintenance contract must be provided to the authority responsible for Part 8 of the Ontario Building Code prior to occupancy of the building being granted
The Owner is expected to follow all instructions provided by the installer and maintenance provider. The Level IV sewage treatment system effluent is to be sarnpled in accordance with the requirements of the Onta.rio Building Code Act. The Owner shall provide the Municipality proof of maintenance occurring on an annual basis by January 31 each year, including the results of the annual sampling results. 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 Official 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 Building Of?cial 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 supported by a Professional Engineer with expertise in the ?eld and approved by the Chief Building Official or their designate. Any deviation in the location and size of the sewage system must continue to meet the maximum disturbed area allocation for the Unit, consistent with the Master Site Plan agreement for JohnstonPoint
Human Remains and ArchaeologicalResources That in the event that deeplyburied archaeologicalremains are discovered during construction or site development of a lot, the Owner shall immediatelycontact 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 log Owner shall immediately contact the Township of South Frontenac Development Services Departinent, 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 dunng the process of development any archaeologicalresources or human remains of Aboriginalinterest are encountered, the Owner shall immediatelyContact the Algonquins of 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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