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HomeMy WebLinkAbout22 097 Otterman (52 John St) Development By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2022 - 097 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A DEVELOPMENT AGREEMENT BETWEEN STEVEN DOUGLAS AND SUSAN BERTHA OTTERMAN AND THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE WHEREAS the Planning Act, R.S.O. 1990, c.P.13, as amended Section 51 (26) provides for an agreement as a condition of consent approval and permits the registration of the Agreement against the lands to which is applies; AND WHEREAS Steven Douglas Otterman and Susan Bertha Otterman are the registered owners of the property legally described as PARKLT 1 N/S JOHN ST PL INVERHURON; EXCEPT PT 1 & 2 3R8886; MUNICIPALITY OF KINCARDINE; PIN 33286-0206(LT) (known as 52 John St. Tiverton); AND WHEREAS the Council of the Corporation of the Municipality of Kincardine deems it advisable to enter into a development agreement with Steven Douglas Otterman and Susan Bertha Otterman; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Municipality of Kincardine enter into a development agreement with Steven Douglas Otterman and Susan Bertha Otterman in the form attached hereto as Schedule “A”. 2. That the Mayor and Chief Administrative Officer be hereby authorized and directed to execute, aforesaid Development Agreement as well as any other documentation, including any Acknowledgement and Direction required and relating to the said Development Agreement. 3. This By-law takes effect from the date of passage by Council and comes into force and effect pursuant to the provisions of the Planning Act, 1990. 4. This By-law may be cited as the “Otterman (52 John St) Development By- law”. READ a FIRST and SECOND TIME this 16th day of May, 2022. READ a THIRD TIME and FINALLY PASSED this 16th day of May, 2022. Mayor Clerk This Is Schedule' A •to By-law 22126 No.„ro. -0`1 f passed the I(e day of M cti\f 204e) . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE DEVELOPMENT AGREEMENT between STEVEN DOUGLAS OTTERMAN AND SUSAN BERTHA OTTERMAN - and - THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Dated May j , 2022 The Corporation of the Municipality of Kincardine 1475 Concession 5, RR5 Kincardine, ON N2Z 2X6 DEVELOPMENT AGREEMENT • THIS AGREEMENT made this I L.0 day of May, 2022. BETWEEN: STEVEN DOUGLAS OTTERMAN and SUSAN BERTHA OTTERMAN hereinafter called the "Developer" of the FIRST PART - and - THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the SECOND PART WHEREAS the Developer is the owner of the lands legally described in Schedule "A" • attached hereto and hereinafter referred to as the "Lands", with a municipal address of 52 John St. Tiverton, ON, NOG 2T0, and proposes to create lots by consent for the purpose of selling, conveying, or leasing. AND WHEREAS the Developer declares that it is the registered owner of the lands and has applied to the County of Bruce, as approval authority, for consent, applications B- 2020-066 to B-2020-068. AND WHEREAS the Municipality has been authorized by the County of Bruce as a condition of consent to require the Developer to enter into an agreement to satisfy all the requirements, financial or otherwise of the Municipality. AND WHEREAS the word "Developer" where used in this Agreement includes an individual, an Association, a Partnership, or a Corporation and wherever the singular is used herein, it shall be construed as including the plural. AND WHEREAS subsection 51(26) of the Planning Act, R.S.O. 1990, c.P.3, as amended, authorizes the registration of this Agreement against the lands to which it • applies; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of other good and valuable consideration and the sum of One Dollar ($1.00) of lawful money of Canada, now paid by each of the parties hereto to each of the other parties hereto, (the receipt whereof is hereby acknowledged), the parties hereto hereby covenant, promise and agree with each other as follows: 1.0 Prior to the signing of this agreement, the Developer shall provide to the Municipality the following: (a) Confirmation of approval by the Saugeen Valley Conservation Authority (SVCA) of approval of stormwater management plan, a lot grading plan and a tree retention plan. (b) Have submitted and obtained the approval of the Municipality or of the Municipality's Engineer for the following:. • A site grading plan showing the overall expected grading of the lot(s), • attached as Schedule "B" 2.0 Prior to registration of the Agreement, the Developer shall provide: Page 2 Development Agreement (a) Payment of cash in lieu of Parkland Dedication for the severed parcels, as per municipal by-law 2014-058. The calculation for payment in lieu of parkland is the amount of 50% of 5% of the appraised value of the land as indicated by an appraisal in accordance with the Canadian Uniform Standards of Professional Appraisal Practice. 3.0 The owner shall provide the Municipality with the final approval of the consent from the County and Registration of the Reference Plan. 4.0 The design and installation for all services shall be in conformance to the Municipal Servicing Guidelines published by the Municipality dated September 15, 2017, or the current revision if applicable. 5.0 All grading and construction shall conform to the approved grading and tree retention plan to the satisfaction of the SVCA and the Municipality. 6.0 The Developer agrees to pay the Municipality's cost of the Municipal Solicitor and of the Municipality's Engineer's invoices for the creation of this agreement, for the checking of plans and specifications and for any supervision and inspection on behalf of the Municipality. 7.0 All Lands shown within the Plan shall be graded in general conformity with the Site Grading Plan in Schedule "B", including fill and excavation as required for the full width and length of the grades and levels, and to the specifications, requirements and satisfaction of the Municipality's Engineer. All work done by the Developer must be of such a nature as to ensure that the integrity and intent of the overall grading plan is functional until the Lands are fully developed. (a) Obligation to Grade According to Site Grading Plan The Lands shall not be graded except in general conformity with the grades and elevations shown on the accepted Site Grading Plan in Schedule "B". The Plan shall bear the signature and seal of an Ontario Professional Engineer holding a Certificate of Authorization from Professional Engineers Ontario or who is employed by a partnership or corporation holding such Certificate of Authorization to offer professional engineering services to the public (hereinafter called a "Professional Engineer") or a Registered Ontario Land Surveyor who certifies thereon that the Plan generally conforms with the Site Grading Plan attached to the Agreement as Schedule "B" as filed with the Municipality and the Municipality's Engineer. (b) Certified Building Lot Site Plan Subject to Section 10.0 herein, no building shall be constructed on a Lot or Block within the Plan until a Building Lot Site Plan certified by a Registered Ontario Land Surveyor or Professional Engineer has been filed with and approved by the Chief Building Official of the Municipality. The Building Lot Site Plan shall show: • the proposed finished elevation of these lands at each corner of the lot or block; • the proposed finished elevation of these lands at the front and rear of the building; • the proposed finished elevations of the underside of the footings and the proposed finished height of the foundation of the building; • the proposed finished elevation of any retaining walls, the proposed elevation of any walk-out onto these lands from the basement of the building, and the proposed finished height of the foundation of the building; Page 3 Development Agreement • the proposed finished elevation and slope of any driveway and the proposed location of any swale or rear yard catch basin; • the location of eavestrough downspouts; no downspouts will be allowed to discharge in a sideyard between residences; • swale location and elevations; • any sidewalk(s); • service and driveway locations; • any abrupt changes in the proposed finished elevation of these lands; and • the Lot and Registered Plan number, the municipal address for the subject Lot or Block and the proposed location of the building thereon in relation to the Lot or Block boundaries. The Developer hereby agrees that the existing property line grades abutting developed lands are not to be altered or disturbed, except as approved otherwise by the Municipality's Engineer. The Developer shall complete such other actions as may be required by the Municipality, acting reasonably, to ensure that the lots will be developed in accordance with the terms of this Agreement and good engineering practices. (c) Owner's Final Grading Certificate • All newly constructed buildings shall have filed prior to the release of any security, with the Municipality's Chief Building Official, an Owner's Final Grading Certificate in the form attached as Schedule "C" bearing the signature and seal of a Professional Engineer or Registered Ontario Land Surveyor that the actual finished elevation and grading of these lands generally conform with the Lot Grading Plan and the Certified Building Lot Site Plan. • If and when the Owner's Final Grading Certificate is accepted by the Municipality's Chief Building Official that the Lands generally conform with the Lot Grading Plan and the Certified Building Lot Site Plan, the Damage/Lot Grading Deposit referred to in Section 7.0 is returnable to the Owner subject to this Section and Section 10.0 of this Agreement. • All subsequent owners of each lot agrees that, should drainage rectification become necessary in the absolute discretion of the Municipality, and the Owner fails to make such rectification when so instructed by the Municipality, the Municipality may, at its option, undertake the correction of such drainage and all costs over and above the two thousand dollar ($2,000.00) deposit shall be charged back to the Owner and shall include a management fee of 15% of the cost of labour and material shall be a charge against the Lot or Block for which regrading was carried out and shall be payable forthwith. The Owner agrees that neither it nor its successors or assigns will alter the grading or change the elevation or contour of the Land except in accordance with drainage plans approved by the Municipality. In addition to any other remedy, the cost for such rectification if completed by the Municipality will be at the expense of the subsequent owner and the Municipality may recover such expense under Section 446 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, in the same manner as taxes. (d) Obligation to Maintain Grading After the building or Block is graded in accordance with the Lot Grading Plan and the Certified Building Lot Site Plan, no change shall be made to the actual finished elevation and grading of the building Lot or Block in any Page 4 Development Agreement way that results in a material alteration of drainage on or across the building Lot or Block or adjacent lands from that shown on the Lot Grading Plan for the adjacent lands or the Owner's Final Grading Certificate for the building Lot or Block. (e) Prevention of Surface Water Flow The Developer and each subsequent owner shall not block, impede, obstruct or prevent the flow of surface water as provided for in the Drainage Plan, the Lot Grading Plan or the Certified Building Lot Site Plan over any Lot or Block by the construction, erection or placement thereon of any damming device, building, structure or other means. (f) Erosion Control The Developer shall construct silt fences or other facilities as required during construction to control overland flows from this Subdivision to ensure that mud, silt, construction debris, etc. does not adversely affect abutting properties, all to the specifications of the Municipality's Engineer. 8.0 The facilities and Works required by this agreement shall be provided and maintained by the Developer or subsequent owner of each lot from time to time at such party's sole risk and expense. Should, for any reason, the Developer or subsequent Owner fail to maintain the lot grading, they acknowledge that the Municipality, or in the case of a subsequent Owner, the Municipality or the Developer may enter onto said property to correct any drainage issues. The cost for any such correction completed by the Municipality will be at the expense of the subsequent Owner and the Municipality may recover such expense under Section 446 of the Municipal Act, 2001 in the same manner as taxes. 9.0 The Developer consents and authorizes the registration of this Agreement by the Municipality's Solicitor on title to the Lands both before and after the registration of the Reference Plan in the Land Registry Office, which said registration is at the sole discretion of the Municipality and all costs of registration shall be paid for by the Developer. The signing of this Development Agreement shall be sufficient evidence of the Developer's consent and authorization. 10.0 The developer agrees that a building permit will not be issued until all of the requirements below have been satisfied: (a) The developer has completed the installation of water services to the property line of the subject lot(s) to the satisfaction of the Municipality. (b) Payment to the Municipality by cash in the amount of the current applicable Development Charge(s) per Lot or Block in the Plan under the Development Charges By-law of the Municipality. (c) A Certified Building Lot Site Plan has been filed with the Chief Building Official of the Municipality pursuant to Section 7.0. (d) Payment to the Municipality by cash or letter of credit in the amount of $2,000.00 as a Works Damage/Lot Grading Compliance Deposit (herein "Damage/Lot Grading Deposit") per Lot or Block in the Plan of which the sum of$100.00 is non-refundable. The balance of the Damage/Lot Grading Deposit shall be refundable in whole or in part after the building has been constructed and occupied, an Owner's Final Grading Certificate has been filed with and accepted by the Municipality's Chief Building Official and the required service connections have been made and all damages to the Works which form the subject matter of this Agreement resulting from house building and/or landscaping activities on the subject Lot or Block have been repaired to the satisfaction of the Municipality's Chief Building Official and Municipality's Director of Public Works. Page 5 Development Agreement (e) With respect to repair of damage to the Works, in the event that the Owner fails to repair the damage to the Works when so instructed by the Municipality's Chief Building Official or the Municipality's Director of Public Works, the Municipality may, at its option, undertake the repair of such damage and all costs over and above the $2,000.00 deposit shall be charged back to the Owner and shall include a management fee of 15% of the cost of labour and material, shall be a charge against the Lot or Block for which repairs were carried out and shall be payable forthwith. (f) The Developer agrees that the preceding requirements in this Section are in addition to and not in substitution of the requirements of the Ontario Building Code Act, 1992, S.O. 1992, c.23, as amended and regulations thereunder with respect to the issuance of Building Permits. 11.0 The Owner acknowledges and agrees that this Development Agreement shall be registered on the title of the severed and retained lots. The covenants, agreements, conditions and undertakings herein contained on the part of the Owner shall run with the lands and shall be binding upon it, its successors and assigns as owners and occupiers from time to time and this covenant shall be to the benefit of the Municipality and its lands and highways appurtenant and adjacent to the lands. 12.0 The parties hereto acknowledge and agree to the Schedules attached hereto to this Agreement: Schedule A Legal description of the subject lands Schedule B Plans identified Schedule C Owner's final grading certificate 13.0 The Owner acknowledges that the Municipality, in addition to any other remedy it may have at law, shall also be entitled to enforce this Agreement in accordance with Section 446 of the Municipal Act, R.S.O. 2001, as amended. 14.0 Nothing in this Agreement shall relieve the Owner from compliance with all applicable Municipal by-laws, laws, statutes, regulations, notice or other policies or laws and/or regulations established by any other governmental body that may have jurisdiction over the lands. 15.0 Every provision of this Agreement by which the Owner is obligated in any way shall be deemed to include the words, "at the expense of the Owner", unless the context otherwise requires, including the payment of any and all applicable taxes. 16.0 The Owner hereby agrees and will expediently cause to be paid to the Municipality, any and all fees, deposits or other such consideration as is deemed necessary by the Municipality for the fulfillment of this Agreement. 17.0 The Owner and the Municipality agree that all covenants and conditions contained in this Agreement shall be severable and that, should any covenant or condition in this Agreement be declared invalid or enforceable by a court of competent jurisdiction, the remaining covenants and conditions and the remainder of the Agreement shall remain valid and not terminate thereby. 18.0 All documents and provisions referred to in this Agreement, the Owner warrants are accurate as to all provisions and other matters shown thereon and information included therein. In the event that any material misrepresentation, whether accidental or otherwise is found to exist and which on reasonable grounds has prejudiced or compromised the Municipality's position, then the Owner shall be required, at its expense to resolve all matters. Failing this, the Municipality may rectify the situation at the Owner's expense. For the above reasons, the Owner acknowledges the importance of having reliable and accurate documentation and that the Municipality is relying upon them and is entering into this Agreement on that basis. Page 6 Development Agreement 19.0 This Agreement shall be binding on all successors, assigns and/or heirs. 20.0 The parties hereto must agree to any changes to the Agreement and said Agreement will be in writing and signed by the parties hereto and be subject to de-registration and re-registration on the title of each lot. 21.0 Any notice required or permitted to be given pursuant to the provisions of this agreement may be given personally or shall be mailed to each party at the address hereinafter set out. If mailed, by prepaid first-class post, it shall be deemed to have been received by the fourth day after which it is postmarked. Any change in address shall be communicated in a written format, on party to the other. To the Owner at: Steven and Susan Otterman 52 John Street Tiverton, ON NOG 2T0 To the Municipality at: ATTENTION: Municipal Clerk 1475 Concession 5 Kincardine, ON N2Z 2X6 THIS AGREEMENT shall be read with all changes in gender or number required by the context. THIS AGREEMENT shall be binding upon and ensure to the benefit of the parties hereto and their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties hereto have affixed their hands and seals attested to by the hands of the proper officer duly authorized on its behalf. ( "Developer" • ( ( (Witness ( Steven Douglas Otterman (>4,46a.A., � (Witness ( Susan Bertha Otterman ( ( THE CORPORATION OF THE MUNICIPALITY ( OF KINCARDINE ( r ( '1.1622411/014, -- Mayo ( ( Chief Administrative Officer ( We have authority to bind the Corporation Page 7 Development Agreement SCHEDULE "A" Legal Description of the Subject Lands ALL AND SINGULAR that certain parcel or tract of land in the County of Bruce, Province of Ontario, and composed of: PIN 33286-0206 LT PARKLT 1 N/S JOHN ST PL INVERHURON EXCEPT PT 1 & 2 3R8886; MUNICIPALITYOF KINCARDINE Page 8 Development Agreement SCHEDULE "B" Plans Identified The "approved site grading plan" shall be the plan(s) drawn by an engineer, architect or competent person and marked as the "approved site grading plan" signed by the Municipality's Chief Administrative Officer and signed by the Owner with any changes from time to time marked in red and initialed by the Chief Administrative Officer and the Owner. This "approved site grading plan", as amended from time to time shall be filed with the Clerk at the municipal office of the Municipality. List of Approved Plans 1. 01675 GRADING Plan for Otterman Severances — Cobide Engineering — June 16, 2021 Page 9 Development Agreement SCHEDULE "C" Owner's Final Grading Certificate The undersigned hereby certifies to the Corporation of the Municipality of Kincardine (the "Municipality") that the foundations of the buildings and structures and any openings in any such foundation walls constructed on the following property: STREET NO. STREET MUNICIPALITY LOT/BLOCK REGISTERED PLAN NO. Have been constructed, at or above the elevations illustrated on the overall Certified Building Lot Site Plan (as approved by or on behalf of the Municipality) referred to in the Agreement registered against the title to the above property as shown on the as-built grading survey attached. The undersigned further certifies to the Municipality that a field survey has been completed by the undersigned and that: 1. The final grading of the above referred to property has been completed in substantial compliance with the Certified Building Lot Site Plan referred to in the Agreement. 2. The grade elevation of all lot boundaries and corners including the front lot corners of the property are in substantial compliance with the Certified Building Lot Site Plan; and 3. The above lot has been graded to provide positive drainage in the front, rear and sideyard and that there is no area of the property which is subject to ponding of water; and 4. That in all cases, the final grading conforms to the intent of the grading plant. This certificate is given and delivered to the Municipality in full knowledge that the Municipality relies on this certification in providing a release of the applicable Agreement affecting this property. DATED at , Ontario this day of , 20 . Signature of OLS/Professional Engineer NOTE: Copies of this Owner's Final Grading Certificate are available at the Municipality's Building Department.