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HomeMy WebLinkAboutBRU 93 014 agree bru energy cen . ~ THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 93-14 BEING A BY-LAW to authori ze the execution of an agreement with Bruce Energy Centre Limited. WHEREAS the lands within Plan 3M-113 in the Township of Bruce have been designated as a site plan control area by By-law No. 87-10 of the Corporation of the Township of Bruce. AND WHEREAS Bruce Energy Centre Limited wishes to undertake development on Part of Lot 15, Plan 3M-113, being that Part of Lot 15 described by Schedule 'A' on the Site Plan Agreement and the Corporation requires the owner, Bruce Energy Centre Limited to enter into an agreement pursuant to the provisions of By-law No. 87-10 and the Planning Act, R.S.C. 1990, Chapter P.13, Section 41. NOW THEREFORE the Council of the Corporation of the Township of Bruce enacts as follows: (1) That the Corporation approves the plans and drawings set out on the Schedule marked Schedule 'c' to the agreement attached to this by-law as schedule 'A'; (2) That the owner, Bruce Energy Centre Limited may undertake the development on the above mentioned Part of Lot 15, Plan 3M-113 in accordance with the plans and drawings mentioned in (1) above; (3) That the Reeve and the Clerk be authorized to execute an agreement in the form of Schedule 'A' to this by-law and any subsequent agreements required to give effect to the intent of this by-law. By-law introduced and read a First time this THIRTEENTH day of APRIL, 1993. By-law read a Second time this THIRTEENTH day of APRIL, 1993. By-law read a Third time and finally passed, signed, sealed, and numbered 93-14 this THIRTEENTH day of APRIL, 1993. /Jv~~ ~~ ~- REEVE CLERK .........~.- -'~ ~ SEAt-;-- '" - / ,. ~/.'-- '- ""'-~--~ .. ,"-..--.." , . .... .:....2 _- Ai~ ,,-. ~. .. '" TOWNSHIP OF BRUCE THIS SITE PLAN AGREEMENT made in duplicate this.}'! day of ;?1/J1<'CI1 1993 under the provisions of Section 41 of The Planning Act R.S.O. 1990 BETWEEN: Bruce Energy Centre Ie J ..., f~J P.O. Box 310 Kincardine, Ontario N2Z 2Y8 hereinafter called the " Owner" - and - THE CORPORATION OF THE TOWNSHIP OF BRUCE hereinafter called the "Township" WHEREAS the Owner warrants that it is the registered owner of all of Lot IS, Registered Plan 3M-1l3 in the Township of Bruce; AND WHEREAS the Owner has requested that a building permit be issued for the lands described as Part of Lot IS, Registered Plan 3M-1l3 and the "h" designation be removed from the lands shown on schedule "A" attached to and forming part of this Agreement (hereinafter called the "land"); . . AND WHEREAS the land is included in Plan 3M-1l3 and together with other-lands is the subject of a stormwater management report and plan dated January 23, 1987 prepared by Conestoga-Rovers & Associates Limited and approved by Saugeen Valley Conservation Authority, Ministry of Natural Resources and Ministry of the Environment (hereinafter the "master stormwater management plan"); . B".\o.l.Ll ~_ "\:'-1'" , . , AND WHEREAS section 6 of the said master storm water management plan contains storm water management provisions relating to individual lots in accordance with section 6 of the report which is attached hereto as Schedule "B" to this agreement; AND WHEREAS the Township has passed By-law No. 87-10 which by- law was passed pursuant to subsection 40(2) of the Planning Act, 1983; AND WHEREAS the Council of the Township has under the provisions of By-law No. 87-10 the authority to approve the plans and drawings listed in schedule "C" to this agreement and the authority to enter into the Agreement and to require the Owner to enter into this agreement; NOW THEREFORE IN CONSIDERATION of the Townships approving the plans and drawings referred to in Schedule "C" hereto and enabling the issuance of a building permit for the construction of the buildings and structures on the land, the Owners and the Township agree as follows: I. The Owner shall construct the buildings and structures in accordance with the plans arid drawings noted on Schedule "C. hereto and placed on me with the Township and identified by the parties by placing the signatures of their appropriate authorized officers thereon. 2. The Owner shall bring to finish grade all of the lands and complete the work required .' to conform with the master stormwater management plan and any drainage guideline and general servicing lot grading plans prepared in accordance with provisions of the . development agreement entered into between the Township and Boiler Beach Park Limited. . 3. The Owner covenants and agree not to occupy the buildings and/or structures for the use intended until it has received from the Chief Building Official of the Township a 2 \ \ I . . certificate that all of the works have been constructed in accordance with the plans and drawings fIled wiUlthe Township. The Chief Building Official shall not issue such a certificate until he has received from the Owners Engineer a certificate stating that the works and grading as provided in any storm water management report and on the plans and the drawings on file for the land have been completed in accordance with the plans, drawings and reports and has filed with the Chief Building Official as constructed drawings of the works. 4. The Owner further covenants and agrees that upon completion of all the works and upon and after the issuance of the certificate of occupancy, it will not in any way disturb or otherwise alter the final grade nor change the works so constructed without first obtaining written approval therefore from the Township and the Ministry of the Environment. 5. The Owner shall maintain to the satisfaction of the Township all of the works relating to the stormwater management plan, and any approved landscaping plan,for the land, in a good and functional condition at all times and without limiting the generality of the foregoing shall maintain the area between the lot line and the travelled portion of Farrell Drive as required from time to time by the Township so as to maintain the intent of the master stormwater management plan. 6. The Owner grants to the Township, it agents, workmen, servants, and independent contractors a licence to enter upon the land and inspect the works mentioned in the stormwater management plan for the land and agrees to forthwith correct any deficiencies and perform any maintenance as directed in writing by the Township or by its duly authorized agents, servants and/or workmen. 3 7. In the event the Owner fails or neglects to carry out the work to correct any deficiencies or perform the maintenance (including deficiencies and maintenance on the public ring- of-way) within the time permitted by the notice given in writing, the Township, it agents, servants, workmen and/or independent contractors may enter upon the land as agent of the Owner and complete such work and/or maintenance at the cost of the Owner. The Township may deliver to the Owner an invoice for the reasonable cost of such work and the Owner shall reimburse the Township for the cost of such work within thirty (30) days of the delivery of such invoice. 8. The Owner agrees to deed to the Township, the drainage easements referred to in the subdivision agreement for Registered Plan 3M-1l3 for Lots 4, 6, 7, 8 and 9 of said Registered Plan. 9. Notwithstanding anything herein before contained Section 325 of the Municipal Act. R.S.O. 1980, Chapter 302 shall apply to any of the requirements of the Owner as provided in this Agreement. 10. The Owner grants permission to the Township to register this Agreement against the title of the land referred to in this Agreement, in priority to any lien, charge of encumbrance and no work shall be undertaken until this Agreement has been executed by the parties and registered against the title. . . II. This Agreement shall run with the land and shall enure to the benefit of and be binding upon the parties and their respective successors and assigns. 4 IN WITNESS WHEREOF the parties hereto have executed this Agreement as evidence by their respective corporate seals attested by the hands of the proper officers in this respect duly authorized. LIMITED Helmut J. Sieber - President W~ t-.".;<. <>~ft.~,.,(j Iv,,-,v.;( +1,.,. ~r"-"" /,<..:, THB&Tll'..OF~TOWNSHIPOF BRUCE , Reeve - Ronald Andrews P!t?I/f> .. Clerk - Robert Waram 5 . . SCHEDULE "C" LIST OF PLANS, AND MATERIAL FILED, OR TO BE FILED, WITH THE TOWNSHIP AND APPROVED BY THE TOWNSHIP OR ITS AGENT I. Stormwater Management Plan for Lot 15 or part thereof. 2. Site Plan Project No. 93.02 (Feb. 25/93) by Paul Skinner, Architect. 3. Foundation Plan Drawing Numbers COI - C06 inclusive (93.03.18) By Monan,;o Agra (M. Stocks P. Eng.). 4. Building and Elevation Plans To be filed. 5. Landscaping Plans To be filed if required. 6 I( 9 '" , .., I'l ... N I to:: 1'-::; ::~ ....... ~ R"~ i . t ~~ - f~' ;. ;> 'V ~ :?...~ , OJ l\) '- .... .. lD o ," I .ZI'9IZ -- '" . . f:! ,: ., ~ ~ 10 10) '- , u to" 1'-': -:-:-.... , , / . , w.. 1'-:;: -" 'It , u to" 1'-: " I / , fl. A; .,' 00 o I :: <<>:7; 1'-2 I . , ,}}' ~ I W I u to " ., I'- ~ .. I N o I U W~ I'-"! .. t) '" ~i'S Ii ~~ I~ .;~~... )~~ I 10 o I U ~~ ~l. I ..; ~ - ~. ~/9"~ ,~ '-... ' . __~5 ~. 'q ~L J J ~ Q ~::~09(' bY ~ ~-/' . j / / /" Q' "ti I'- o I U " W.. I'-~ N " .. .. " " t/ ~. , .!.... 88'96Z .;-.. h) ~I ~ ,"9"8[..~: ..... \ '\ '- ----::7 '" N o "! '" '" ... .. , , ~.,pY . .~ ~ { ~- ~ W 0 I U b to" 'p .. oJ I'-~ ., n . '" -2 N I !! 10 .,\ 0 ~ '... 'do w" ..\ f'-! \-" I .. 'It ~ o '. ~ to:: .~ ~ f'-... ~ "~~~ -: g ~ U~ ... 11 ::::l .. ... ~ ~ .8 :!f .s .. ~ j fA 'S - SCHEDULE "B" SECTION 6 OF STORMWATER MANAGEMENT REPORT REQUIREMENTS OF INDIVIDUAL LOT DEVELOPERS The following points must be addressed by t~e individual lot developers prior to issuance of a building permit by the Township of Bruce I 11 Each lot shall have a Stormwater Management Plan and Report prepared by a professional engineer, which outlines the proposed method of controlling post-development runoff to pre-development levels, as indicated by this report, and shall include the details of the proposed stormwater management facilities. This report is to be submitted through the Township of Bruce, for the approval of the Saugeen Valley Conservation Authority, and the MOE. 21 The future grading of each lot should conform to the drainage guidelines as shown on the general servicing and lot grading plans for this subdivision as prepared by eRA. 31 The SWM report for each lot shall include the hydraulic design of the entrance culverts. . . 4) The SWM report should also demonstrate that each building or maJor structure on each lot will not be affected by Regional Storm Flows. 5) The Township of Bruce will require that each lot owner enter into an agreement, under section 40(7)(a)8 of the Planning Act, with the Township with regards to maintenance of SWM facilities on their respective lots. The agreement will authorize the Township to periodically inspect all SWM vorks. The lot owner vill be required to correct, within a . . PAGE 2 OF SCHEDULE "B" specified time period, any deficiencies that the Township feels are necessary to ensure the proper operation of the SWM works. If the corrective measures are not completed by the lot ovner vithin the specified time period, the agreement vill give authority to the Township to undertake the required maintenance, at the lot ovners expense. 6) It is essential that the stormwater drainage system be prevented from functioning as a vaste water disposal system. Therefore, the lot ovner will review vith the Regional Office of the MOE the potential for contami~ants entering, the drainage system as a result of the lot owners activities, and the protective measures to be provided to prevent this. Consultation vith t~e MOE vill be necessary to identify any required monitoring locations, frequency of sampling, analyses or measurements that may be necessary, and reporting requirements. 7) A completed wApplication for Approval to Construct Sevage Works", must be submitted to the MDE for approval of the on- site drainage yorks. S) The individual lot developer vill be responsible for obtaining all the necessary approvals from the appropriate agencies prior to the Township's issuance of a building permit, and to recognize the time that it may take to obtain these approvals. Figure 5 depicts the Lot Development Approval Process. . . "e . , . , PAGE 3 OF SCHEDULE "B" FIGURE 5 @ MINISTRY at 1M ENVIRONMENT REGIONAL OFFICE LONDON APPLICANT ~ CD TOWNSHIP al BRUCE o SAUGEEN VALLEY 'CONSERVATION AUTHORITY t I (OPTIONAL, AT DISCRETION I OF S.v'c.A.1 r--.-l---, I MINISTRY of I \ NATURAL I L_~OU~~_J ' o MINISTRY of the ENVIRONMENT ENVIRONMENTAL APPROVALS, TORONTO DISTRICT OFFICE OWEN SOIJND . . I. APPLICANT SUBMITS SWM PLAN €a REPORT, M.O.E. SEWAGE WORKS APPLICATION, E4 MAINTENA.NCE AGREEMENT TO BRUCE TOWNSHIP. 10. APPLICANT SUBMITS STATEMENT AOORESSING CONTAMINANTS TO THE M.O.E. REGIONAL OFFICE FOR REVIEW. . 2. BRUCE TOWNSHIP FORWARDS SWM PLAN fA REPORT TO THE' S.V.CA. FOR APPROVAL.' . , 3. BRUCE TOWNSHIP r:ORWARDS SWM PLAN (. REPORT, AND SEWAGE WORKS APPLICATiON TO THE M.O.E. FO~ APPROVAL . 4. UPON RECEIVING FINAL APPROVAL FROM MO.E. fa S.Y.C.A., BRUCE TOWNSHIP WILL ISSUE A BUILDING PERMIT TO THE APPLICANT. .. .JP.,.4 - - - ..... 'AI ....... - - .~ 'A' ~ ~~~lall;~"l ; .~ jt;~>i:~ - J ~ ~ ~ Province of . Ontario Document General Fonn 4 - Land RegIIb'" Reform Act, 1984 o Number 3 4 3?'! CERTifiCATE OF RECEIPT' -- (1) RegIIby iJ (3) ProperIJ I_~.r(.) Land TIIIe8 I8f (2) Page 1 of 11 pages Block Property Additiol'llll: See 0 Schedule ·O~ "'a!) ~ 1 1'~1 '')8 J_" Ih"".,.,.I ¡ !'".L) (4) N... of Document /Ih;,L/ (~ .." ;T' Site Plan Aqreement (5) ~ ~ w ~ w o ü: ~' ~ ~,.-h :~e~_~ WAUŒRTON I.anØ RegiStr8t DoII8IS $ (8) DeeaIp----.on ParcellS-I, Section 3M-113 being Lot 15, Plan 3M-II3, in the Township of Bruce in the County of Bruce. .. New Property Identifiers Additional: See SChedule 0 (7) ThIa Additional: Document See 0 ConIlllM: Schedule (a) Redescription New Easement PlanlSketch I (b) Schedule for: D i Deecription D ..... (8) 11111 Document provIdee . follows: Additional Parties D Other ~.. ..... See site plan agreement attached. £: 6...~ ::r~ /'&1'Y ø è'ø.( <;; 4:~r /-...,<..,& ('ðZIt' / ø h".~ "';/ T¡{~ ~._HS/''y d T /:?t.-.uc- 1......"'6/ /'1'7' 7{, . hq"... eU/r'~r/ 0'" ¡/Þ.: çT 6t,,,,, /dt/Cl!'/ r¿{r::: p~c¿,-</ ,n,,/rcr- "I .r;;? ß~( ;9'1/0''''' <'VI ./. Continued on Schedule o """ ( (9) Thll Document ...... to ........... number(1) (10) PartJ(lII) (Set out Status or I,.,...) Name(8) Date of Signature Y M D TBE.CaRPO~10N,p?,~a~"~Q~ßR~~ i ¡! . . . . . . ... ..................;................ i . . . . . ! . . .1. . . OF. BRUCE. by..ita. .s.Ql1ci.t.QJ;.. .. . .. . .. . .. .. .... d !' ! Geor~ .C..Kagwoød.................. '~T~::::::'" ............... 'I~~'~~ ~~T~9" "" ."."",...... ,.", 'I' " "j" " , I I· , I (11) AckIr8e8 ! : i kw.~ R.R. 43, Tiverton, Ontario NOG 2TO Slgnature(s) (12) hrtJ(lII) (Set out Status or Inlenlst) Name(s) . .. . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . .. .. .. .. .. .. . '" . '" '" '" Signature(s) Date of Signature Y M D ! ! ¡ r I I' " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " . " t " " . " " r " " .." " " I I I I i t .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. . . . .. . . . . . ~ . . . . . l . . .i. . . I I, I I I , I: .. . . . .. . . . . . . . .. . . . . . . .. . . . . . . . . . . . .. . .. t .. . .. '" t r . . .1. .. . : I! ! ! " .. .... .. .. .. .. ... .. .. .. '" .. .. .. .. .. .. .. .. . .. . .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... " . .. .. '" . .. " .. .. . .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. . .. .. .. .. . .. . .. .. .. . .. (13) ~ for ...... (14) MunIcIpal...... of Property M ¡. A~~rUfÞ'cl"'" (15) Document....... by: George C. Magwood WAECHTER, MAGWOOD, VAN DE VYVERE & THOMPSON 215 Durham Street Wa1kerton, Ontario NOG 2VO II i Fees 8nd Tax ~ ~ Registration Fee ..;? 1 .-.<.> w ~ w o ü: u.. o a:: ~ TotItI ,;27 0--- Npw!'IDmf" nntl C':¡IhPrt. "..ri' 11}('