HomeMy WebLinkAbout99 134 Sp - Peter A. Kelly
No. 1999 - 134
A BYLAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT WITH PETER A. KELLY INDUSTRIES LTD.
WHEREAS the Council for The Corporation of the Township of Kincardine-
Bruce-Tiverton deems it advisable to enter into a Site Plan Agreement with Peter
A. Kelly Industries Ltd.;
AND WHEREAS the Ontario Planning Act R.S.O. 1990, P.13, Section 41,
authorizes municipalities to enter into Site Plan Agreements;
NOW THEREFORE the Council for The Corporation of the Township of
Kincardine-Bruce-Tiverton ENACTS as follows:
1. That The Corporation of the Township of Kincardine Bruce Tiverton enter into
a Site Plan Agreement with Peter A. Kelly to ensure appropriate development
of those lands described as Part Lots 39 & 40, Plan 61, RP 3R-5834, Part 2,
in the Township of Kincardine-Bruce-Tiverton (formerly in the Town of
Kincardine), in the County of Bruce, said lands being more particularly
described in Schedule "A" of the attached Site Plan Agreement.
2. That the Mayor and Chief Administrative Officer be authorized to sign, on
behalf of The Corporation of the Township of Kincardine-Bruce-Tiverton the
Agreement with Peter A. Kelly Industries Ltd. which is attached to this By-law
and to affix the corporate seal as and when required.
3. This By-law shall come into full force and effect upon its final passage.
4. This By-law may be cited as the "Peter A. Kelly Industries Ltd. Site Plan
Agreement, By-law".
READ a FIRST, SECOND, and a THIRD time and FINALLY PASSED this
2ih day of October, 1999.
Mayor
Clerk
F~:<_
-~
- "
h_..r ,:;,.3
"Province
01
Ontario
Document General
For. 4 -- Land Reo'atration RefOIWI Act. 1884
D
03lf717lf
(1) "- loUr [i
(a) P........,
lden_la)
laad ~ 0 (2) Pngo 1 01
9 pego.
Block
P,openy
-.oJ:
='-0
CERTIFICATE or REGISTRATION
BRUCE(3)WÁlKERTON
(4) Na.u.. of Oocu_
SITE PLAN CONTROL AGREEMENT
. 00 JAN 18 PM 3 17
D/J,.~!
~ REGI$TR~
(5) Con.l_
One------------------------------
--------------------------- Doll.... 1.00
(S) Deso.lptton
New Propoerty ldentlfl.,.
Part Lots 39 and 40 BJ$:r 9'"CI!' Lft?~......-
n_il ---v~
Township of Kincardine-Bruce-Tiverton
(Formerly Town of Kincardine)
County of Bruce
Designated as Part 2, Plan 3R-5834
:--: 0
-
-:
="""0
(7) Thla
OOCU.....t
eon.....:
(a) Redoacrlption
New E...ment
Plan/Sketch
(b) 8ohedulo lor:
01 0
DellOrlption
Addillonal 0 r::I
Parties Other IAI
(8) TIll. Ooeu...nt provld.. _ folio..:
~ite Plan Control Agreement made pursuant to section 41 of The Planning
Act, R.S.O. 1990, Chapter P.13, as amended.
Continued on Schedu"
(9) Till. Docu....nt relet_ to iIIstrument n....ber(.)
(10) Party (1M) (Se. out Status or Inler..t)
N.m.~) ,
. .............
.~.~....~.....
Albert L. Ostner
~m
Date of Signature
Y M 0
1999 ,12 ,21
~ CORPORATION OF THE TOWNSHIP OF
....................................................... ... ............ ........-......-......... .
KINCARDINE-BRUCE-TIVERTON
. . . ,-.... .~....
;
......¡...
........ ........................
........................... ..........................
by its solicitor, Albert L.Ostner
.......................................................................................................................................
.......................................
................... . . ......... ................+
(11) Add._
kK~ 707 Queen Street Kincardine Ontario N2Z 1Z9
(12) Party("') (So. out Stelu. OIln'o,o,')
Name(s)
Slgnature(l)
Oat. of Signature
Y M 0
...................................................................................................... .......
Peter A. Kelly Industries Ltd.
..........................
. ......................................................
(owner)
(talA__
tor_
Township of Kincardine-
Bruce-Tiverton
Countyof Bruce
WHITE, DUNCAN, OSTNER
& LINTON
45 Erb Street East
Waterloo, ontario
ALO:ct '026900
F_. end Tax
alelpe. Addr... of Properly
(15) Document Pr.plU1Hl by:
ReO_If.don Fee
Total
A m aw ,vstftm~ 1tI. orm
n"""
_. >".,..."~-y.,~.,.:,,,,,,,,
. ,'- !.
~.
...... ¿> ;;. ~
,
.
.
.
.
-, -'~~~;:;"f::''''''~''~'''--'
Page 2
SCHEDULE TO A DOCUMENT GENERAL
SITE PLAN AGREEMENT
.
This AGREEMENT made this, ~ ,¡r.;i ¿
BETWEEN: I
daYOf~,199:z..
THE CORPORATION OF THE TOWNSHIP OF KINCARDlNE-BRUCE-
TIVERTON
hereinafter called the "Township"
of the First Part,
-and-
PETER A. KELLY INDUSTRIES LTD.
hereinafter called the "Owner"
of the Second Part.
WHEREAS the Owner represents that he is the registered owner of those lands
in the Township of Kincardine-Bruce-Tiverton, County of Bruce, described in
Schedule "A" attached hereto and forming part of this agreement;
AND WHEREAS the parties hereto agree that the lands affected by this
agreement are as set out in Schedule "A" attached hereto;
AND WHEREAS the Township has enacted a Site Plan Control Area By-Law
pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P.
13, as amended.
AND WHEREAS the covenants, agreements, conditions and understandings
herein contained on the part of the Owner and the Party of the Third Part, if any,
shall run with the land and shall enure to the benefit of and be binding upon the
parties hereto and their heirs, executors, administrators, successors and assigns,
as the case may be, and shall be appurtenant to the adjoining highways in the
ownership of the Township.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration
of the approval of the plans for the development on subject parcel of land by the
Township and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby
admitted, the Owner for himself and for all successors in title, HEREBY AGREES
with the Township as follows:
PART A - GENERAL PROVISIONS
1. The parties to this agreement hereby agree that the Owner as herein
stated is the registered owner of those lands described in Schedule "A" to
this agreement and the lands affected by this agreement are as described
in Schedule "A" to this agreement, hereinafter called the "subject lands".
2. The Owner hereby releases the Township, its servants, agents and
contractors from any and all liability in respect of the proper maintenance
and operation of the matters and facilities required by this agreement.
3. The owner agrees to allow the Township at its sole expense and in its sole
discretion to register or deposit this agreement in the Registry Office for
the County of Bruce against the "subject lands".
...2
~ ~.
, .
~.
...."' ,. , ~ :i
·
·
·
·
""~" -""~"""'" ,~
,; ,- ~" ':';.
--;"JT."_~""~ .
.,." '.-' e...-","",., '. " ~..,._ , ", ..~ ..."..... . -
Page 3
Page 2
Peter A. Kelly Industries Ltd. Site Plan Agreement
4.
The owner will at all times indemnify and save harmless the Township on
a solicitor and client basis from all loss, costs and damages which the
Township may suffer, be at or be put to, for or by reason of the execution
of this agreement. The Party of the Third Part joins herein to consent
hereto and to bind its interest in the lands hereto.
5. The clauses of this agreement are independent and severable and the
striking down or invalidation of anyone or more of the clauses does not
invalidate all or any of the remaining clauses.
6. Nothing in this agreement shall relieve the Owner from complying with all
applicable municipal requirements.
7. The Owner hereby grants to the Township, its servants, agents and
contractors a license to enter the "subject lands" for the purpose of
inspection of the works and the "subject lands" or for any other purpose
pursuant to the rights of the Township under this agreement.
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
B. The Owner agrees to undertake development on the "subject lands", at his
sole expense, in conformity with the site plan as detailed in Schedule "B"
attached hereto, which shall hereinafter be referred to as the "approved
site plan".
9. The Owner agrees to provide, install or otherwise abide by, at his sole
expense, the site development requirements as detailed in Schedule "C"
attached hereto.
10. a)
Upon completion of the development of the "subject lands" in
conformity with the provisions ofthis agreement, the Township shall
issue a certificate of compliance.
b)
"Certificate of compliance" shall mean a statement of the Township
as to the substantial completion of the works, matters and facilities
required by this agreement and shall not be deemed to certify
compliance with any other municipal requirements, regulations, or
by-laws, and the Township shall not be stopped from pursuing any
or all of its rights to enforce the continuing obligations of the Owner
under this agreement or to enforce any other of the Township's
requirements, regulations or by-laws which relate to the subject
lands.
11. The Owner hereby acknowledges that failure to complete all required
works within the specified time period shall mean a certificate of
compliance will not be issued until such work necessary to complete the
development is done, and that until such certificate of compliance has
been issued, in the event that the prescribed time period has lapsed, the
Township has the right to refuse issuance of any permit necessary to carry
out any additional work on the "subject lands".
12. All maintenance and repair of facilities and matters required by this
agreement shall be done by the Owner from time to time at his sole risk
and expense and the Owner agrees the "subject lands" will not be issued
in any matter which will impede or prohibit performance of the
maintenance provided for in this agreement.
...3
~'-.'-'CC:""_""':,""",c_' '-'.,,_'<!t-,-,..,
-" ~
- .
~... -". -! ~
Page 4
Page 3
Peter A. Kelly Industries Ltd. Site Plan Agreement
·
13. The Owner agrees to maintain in good repair and at his sole expense the
"subject lands" in conformity with the provisions of Schedule "8" (approved
site plan) and Schedule "C" (site development requirements), and all other
requirements pursuant to this agreement, and all repair or maintenance
shall conform with the requirements of this agreement as it applied to the
original development.
·
14. The Owner agrees that all vaults, containers, collection bins and other
facilities which may be required for the storage of garbage and other
waste material shall be kept within a completely enclosed building or a
completely enclosed container in the location as shown on Schedule "8".
15. The Owner agrees that, at his sole expense, all parking areas provided on
the "subject lands" shall be reasonably in all circumstances, maintained
clear of snow so as not to prohibit or block or in any way restrict access
along any driveway, walkway for vehicular and pedestrian traffic or reduce
the number of useable parking spaces below the minimum number of
spaces required by the Township's zoning by-law. The Owner agrees not
to store snow on-site such that it blocks visibility adjacent to a street or
drainage facilities on-site or where adequate drainage facilities are not
provided or where melt water would adversely affect an abutting property.
16. The Owner agrees to maintain at his sole expense and in good repair to
the standards acceptable to the Township all landscaped open space,
private driveways and complementary facilities, and private approach
sidewalks which are located on untraveled portions of Township-owned
road allowances abutting the subject lands.
17. The Owner agrees that all facilities and matters required by this
Agreement shall be provided and maintained at its sole risk and expense
and to the satisfaction of the Township and that in default thereof and in
the sole discretion of the Township, the Township may perform such
requirements at the expense of the Owner and such expense may be
recovered by the Township in like manner as municipal taxes within the
meaning of Section 326 of the Municipal Act, R.S.O., 1990, c.M. 45, as
amended.
· 18. The Owner agrees to do the following:
a) subject to The Public Transportation and Highway Improvement
Act, R.S.O. 1990, facilities, to provide access to and from the lands
such as access ramps and curbings and traffic direction signs;
b) to dedicate to the Township, free and clear of all encumbrances, all
Easements and lands required by the Township for the
construction, maintenance and improvement of any existing or
newly required watercourses, ditches, land drainage works and
required watercourses, ditches, land drainage works and sanitary
sewage facilities on the land and, on request by the Township, to
deliver the properly executed documents in a form that can be
registered, to the Township in order to complete the dedication to
the Township and to pay all costs incurred by the Township in
respect to the aforementioned dedications;
.
c)
to, where required by Township resolution, dedicate to the
Township widening of highways that abut on the land described in
Schedule "A" attached hereto, free and clear of all encumbrances.
.. .4
·"F'''· ':','
"f!l~;" .
WJ·c".
.~,_._,,_ '..:""'- ,. "",; :V.,,,.'"
... < . ;>
..~.. jþ,þ] .;
^
.,,,..~-.-: -."""..~'''' .~,,,,..,,.,,.,
Page 5
Page 4
Peter A. Kelly Industries Ltd. Site Plan Agreement
·
PART C - DEFINITIONS
19. In this Agreement and the Schedules attached hereto:
i) "Building Area" shall mean the only area upon which the erection
and use of buildings and structures shall be permitted.
ii) "Landscaped Open Space" shall mean the areas of open space
comprised of lawn and ornamental shrubs, flowers and trees and
may include space occupied by paths, walks, courts, patios but
shall not include parking areas, traffic aisles, driveways and ramps.
"Parking Area" shall mean the areas of open space other than a
street to be used for the parking of motor vehicles and access
ramps and driveways to areas used for the parking of motor
vehicles which shall be clear of buildings and structures except
those accessory to the operation of the parking area, and which
shall be available and maintained for the parking of motor vehicles
including maneuvering aisles and other space necessarily
incidental to the parking of vehicles.
iii)
·
iv) "Natural Open Space" shall mean the areas of open space which
are to remain in a natural state with a minimum amount of
maintenance, but shall not include areas of outside storage, parking
areas, traffic aisles, driveways or ramps, or Building Area. Natural
Open Space areas shall be subject to the requirements of the
Maintenance and Occupancy (Property Standards) By-Law as
amended from time to time for the Township and shall be kept clear
of all weeds and natural growth which is prohibited by other
Township by-laws. Areas of Natural Open Space may include
areas of Landscaped Open Space.
IN WITNESS WHEREOF the Township has hereto affixed its corporate seal
attest~d by the hand of· Mayor and Chief Administrative Officer this
'tt.f.rd, day of 99. Th~have hereunto set
t ei hands and seals this day of 'U-?7I~~,
1999.
·
SIGNED, SEALED AND DELIVERED
in the presence of
.
(\iJJo.~
Witness
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
~.
, "
, .'\.--:....~~"- ---
THE CORPORATION OF nt~''-'" - '~,;._ ~
TOWNSHIP OF KINCARDW'::'~ ~
, ð'
BRUCE-TIVERTON 2 2 :' ,~ ~
'- -= - :...;.: ~
:::.::~:~ . "-
- /' '/~~.4~/ .,;'i~;
~Gc;~Jarrell ---:/~;/,~:::'~. .'
~9Ad~;~~
John deRosenroll
. ,
.. ... _~ If!
·
·
·
.
'.",'
Page 6
SCHEDULE "A"
Peter A. Kelly Industries Ltd. Site Plan Agreement
Part Lots 39 & 40, Plan 61, RP 3R-5834, Part 2, Township of Kincardine-Bruce-
Tiverton (formerly in the Town of Kincardine)
.'_ ,.," .Þ'
... "- i ~~. f
.
.
.
.
.
fJ
-, i....,1t1
iii
41\
It&.
.,.
,.
3h
3'1
,¡.
'0
~
~,
~~
~
.&
'-
Page 7
SCHEDULE "8"
Peter A. Kelly Industñes Ltd. Site Plan Agreement
'1.'U'~
WR- W~~H IOtOO>IW\
'i - tAAM~J.ItbA
e,.\)- ~~1:>ðO l
--- I>Ilf\rN"1IL j:\< ~
....,..- ...
,,-
I
~
M
a.1t,.q ....--
JD
tV
J).
L:_.'_ _.L~
· I
·
I.
/1
7/·7..........
I.
~
,¡.. "
. .
,I.
/0
-{
·
-.
0.. _ _ _ ...
'C
,to
II
,
,'1111..,
~
<1 A1t6~
o
;t
't "
r
,.
s
..
1.
.¿
.'1.
. . , .
o
~
<J
.... "
~ 101
. ..
... d-
o
J
1
$
'2.
.. .J
~
l\:-
\¡:.
"-
..;......-.-...,. -
':.:,-... ~ ---.
/.." -
~- -
':.~~
6'
--... -....
- ,
.. ,
~ ........ ~
-.,=:::--
, :--.:--
. - .
,'--$.-":
It
1.0
f ,T 2.D ;u. a.~ ~ ~ ~
....... -' -
. '::..~.. :.;::¡::
THIS IS SCHEDULE "B" t-<[W.. _.' -' ;<~"- .
PETER A. KELLY INDUS I ~S ,-:.~> ~.
LTD. SITE PLAN AG.REEMENT/d~./ .
APP- OVED THI DAY
o
MAY
CAO
,.,
., <-- ...»
·,1_'0
~, ~ ~,
.
.
.
.
.'
Page B
SCHEDULE "C"
Peter A. Kelly Industries Ltd. Site Plan Agreement
SITE DEVELOPMENT REQUIREMENTS
1. The Owner agrees that the completion date for all work required pursuant
to this agreement shall be December 31, 2000.
2. The Owner agrees to prepare a grading and drainage plan acceptable to
the Township and all surface and roof drainage shall be controlled in
accordance with the approved plans in a manner satisfactory to the
Township.
3. The Owner agrees that any floodlighting of the land shall be installed in
such a manner so as to deflect the light away from adjacent streets and
properties or so controlled in intensity so as to prevent glare on adjacent
streets and properties.
4.
The Owner agrees to ensure during development of the "subject lands"
that appropriate devices are installed and measures taken to prevent
unreasonable erosion of soil from the site by wind or water, and the Owner
agrees to abide by any request of the Township's Chief Building Official or
Engineer in this regard, acting reasonably.
5. The Owner agrees to install temporary fencing or otherwise adequately
protect all trees, shrubs and other vegetation which are to be retained, and
such fencing shall be located not closer to any trees than the drip line of
such trees, and the Owner agrees to abide by the requirements of the
Township's Pubic Works Manager in this regard, acting reasonably.
6. The Owner agrees that any intemal driveways which are necessary for
and designated, as a fire route shall be so designed so as to carry the
weight ofthe Township's fire fighting equipment.
7.
The Owner agrees to provide all landscaping as shown on the "approved
site plan". All plantings shall be installed to the specifications and
requirements as indicated on the "approved site plan".
8.
The Owner agrees that the site and building shall be designed so as to
provide unobstructed access for wheelchairs to at least one main building
entrance from the public sidewalk/street and one parking area by use of
sidewalk ramps of proper gradient and surfacing.
9. The Owner agrees to appropriately and properly finish all lands lying
between the "subject lands" and any and all abutting streets, which,
without limiting the generality of the foregoing shall include the following:
i) landscaping of lands lying between the street line and property line
not to be used for vehicular or pedestrian entrances with topsoil
and sod/seed.
ii) installation of driveways of proper width and grade from the street
line to the property line with asphalt, concrete or other hard
surfacing acceptable to the Township's Engineer.
iii)
removal of existing driveways which are not to be used with
replacement by appropriate landscaping as detailed above.
10. The Owner agrees to obtain a building permit within six (6) months from
the date of this agreement. Failure to obtain a building permit within the
prescribed time period shall mean this agreement is null and void.
.... "" --~,.
,
¡..,. '" i'
,
.
.
.
.
~,
';:'"
"'--\:~~·.'-"·-"r"'~'
.,.-.,--.,=-.,..'"
Page 9
11. The Owner agrees that all driveways and parking areas as indicated on
the "approved site plan" shall be surfaced with asphalt, cement, or other
hard surfacing acceptable to the Township's Engineer.
12. The Township's Chief Administrative Officer may agree in writing to minor
variations to provisions of this agreement and such minor variations shall
not constitute an amendment to this agreement.